TERMS OF USE

Effective as of May 2021

IMPORTANT – PLEASE READ THE FOLLOWING TERMS OF USE (“TOU”) BEFORE USING THE eQUAL PLATFORM AND ASSOCIATED WEB OR MOBILE APP(S) (REFERENCED TOGETHER HEREIN AS THE “PLATFORM”) OFFERED BY eQUAL PUBLIC BENEFIT CORP. (“eQual”). eQUAL IS WILLING TO PERMIT USE OF THE PLATFORM SUBJECT AT ALL TIMES TO AGREEMENT WITH THIS TOU.

1. LICENSE GRANT. This TOU provides to an individual (person) user (identified herein as “you” or “User” or with “your”) a personal, revocable, limited, non-exclusive, nontransferable, and (limited) non-sublicensable license to use the Platform conditioned on your compliance with this TOU.

2. LICENSE GRANT RESTRICTIONS. This TOU provides only a license and not an assignment or sale. eQual transfers no ownership or intellectual property interest or title in and to the Platform to you or anyone else. Further, eQual reserves all rights not expressly granted by this TOU. Accordingly, you may not modify, translate, decompile, reverse engineer, create derivative work(s) of, copy, distribute, disassemble, broadcast, film, transmit, display, publish, remove, use any data mining, robots or similar data gathering or extraction methods, or alter any proprietary notices or labels, license, sublicense, permit use by any (other) person or entity, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest in, or otherwise use in any manner not expressly permitted herein (or by eQual) the Platform (including any available videos or reading materials). In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering eQual or the use of the Platform (or any part thereof).

3. USER OBLIGATIONS. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Platform. By accessing or using the Platform, you represent that you are at least seventeen (17) years of age (or the legal age of majority, whichever is greater) and will, at all times, provide lawful, true, accurate, current, and complete information when submitting information or materials to or through the Platform, including, without limitation, when you provide information via registration or submission form. Individuals under the age of seventeen (17) (or the applicable age of majority) may utilize the Platform only with the involvement and acceptance of (this TOU by) their parent or legal guardian and then solely under such parent or legal guardian’s supervision or account. You also represent that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials on or through the Platform. You further acknowledge and agree that use of the Internet and the Platform is solely at your own risk. While eQual has endeavored to create a secure and reliable Platform, you should understand that the confidentiality of any communication or material transmitted to/from the Platform over the Internet or other form of global communication network cannot be guaranteed. Accordingly, eQual is not responsible for the security of any information transmitted to or from the Platform. You must make your own determination as to such issues.

4. OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to donations, payment, participation in a program or event, or purchases on or through the Platform. You agree to abide by such other notices, terms, and conditions, as applicable. If there is a conflict between this TOU and other notices, terms, and conditions posted to the Platform, eQual shall resolve any conflict in good faith in eQual’s sole discretion, but the latter terms shall generally control with respect to such donation, payment, or participation.

5. USER CONTRIBUTIONS. The Platform may provide access to communication capabilities and other interactive features and functionality where you can share information on the Platform with other Users (with such shared information referenced collectively as “User Contribution(s)”). You agree that by using the Platform you will not upload, post, display, or transmit any of the following:

• anything which may damage, lessen, or harm the goodwill or reputation of eQual and its Platform;

• anything which defames, harasses, threatens, offends, or in any way violates or infringes on the rights of others;

• anything which involves the impersonation of any other person or entity;

• anything which constitutes junk mail, spam, or unauthorized advertising; or

• anything which is unlawful.

eQual reserves the right to establish additional practices, parameters, and limits in its sole discretion concerning the storage, display, or availability of any User Contribution(s). Further, eQual shall not have any obligation to utilize any User Contribution(s).

6. PERMISSION TO USE USER CONTRIBUTIONS. By submitting any type of a User Contribution(s), you automatically and hereby grant to eQual a perpetual, royalty-free, transferable, sublicensable, and non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on any such User Contribution(s), without additional approval or consideration, in furtherance of, and, in connection with the operation of the Platform, and you hereby waive any claim to the contrary. You are responsible for any User Contribution(s) and represent that you have all necessary rights to make a User Contribution(s) available to eQual. You also acknowledge that eQual has no control over the extent to which any idea or information (in a User Contribution) may be used by any party or person once it is posted or displayed.

7. NO PRE-SCREENING OF USER CONTRIBUTIONS. eQual is not responsible for pre-screening or editing User Contribution(s) and encourages all of its users to use reasonable discretion and caution in evaluating or reviewing any User Contribution(s). Moreover, eQual does not endorse, oppose, or edit any opinion or information provided by you or another User (unless separately and expressly provided by eQual) and does not make any representation with respect to, nor does it endorse the accuracy, acceptability, completeness, timeliness, or reliability of any User Contribution(s) displayed, uploaded, or distributed by you or any other User. Nevertheless, eQual reserves the right to monitor, delete, access, read, preserve, disclose, or take other action with respect to any User Contribution(s) that eQual believes in good faith violates this TOU and/or is, or is potentially, unlawful or harmful to eQual, its services, or goodwill.

8. DMCA TAKEDOWN POLICY. It is eQual’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (DMCA). eQual respects the intellectual property of others. Users who believe that their intellectual property rights have been infringed through the online services provided by eQual may contact eQual through their authorized agent and request that the infringing material be removed or access to it be blocked. eQual’s designated “Agent for Notice” of claims of copyright infringement can be reached as follows: Agent for Copyright Claims; info@equal.us; (401)-216-8745.

Proper notification of copyright infringement must be sent to eQual’s Agent for Notice (as designated above) and must include the following information:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to eQual to locate the material;

• Information reasonably sufficient to permit eQual to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address;

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please place the following label, “Notice of Infringement,” in the subject line of all such communications to eQual. eQual will promptly remove or disable access to materials that are the subject of a proper DMCA notification and notify the User responsible for the material about said removal.

9. FEEDBACK. eQual further welcomes your feedback and suggestions about the Platform. By transmitting any suggestions, information, material, or other content (collectively, “Feedback”) to eQual, you represent and warrant that such Feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to eQual and enable eQual to use such Feedback. In addition, any Feedback received by eQual will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right, and license from you for eQual to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works of, and display (in whole or in part) worldwide, or act on such Feedback without additional approval or consideration, in any form, media, or technology now known or later developed, for the full term of any rights that may exist therein, and you hereby waive any claim to the contrary.

10. PROPRIETARY RIGHTS. The Platform is owned by eQual Public Benefit Corp. and/or its licensor(s). © 2021 Equal Public Benefit Corp. and/or its licensor(s). All rights reserved.

11. PRIVACY POLICY. Please see eQual’s Privacy Policy for a summary of eQual’s personally identifiable information collection and use practices.

12. LINKS TO OTHER SITES. The Platform may connect to certain third-party websites, advertisements, or online networks (collectively, “Third-Party Site(s)”). All Third-Party Sites are owned, controlled, and/or maintained solely by third parties over whom eQual exercises no control. These links do not imply an endorsement with respect to any Third-Party Site(s) or the information, products, or services provided by any Third-Party Site(s). eQual encourages review of the applicable terms, conditions, or notices governing use of these Third-Party Sites. Your correspondence or any other dealings (including any transactions) with third parties found through any Third-Party Site(s) is solely between you and such third party.

13. PLATFORM DISCLAIMER. THE PLATFORM IS PROVIDED “AS-IS” AND “AS AVAILABLE” AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. ANY APPLICABLE STATE LAW IMPLEMENTATION OF THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT (INCLUDING ANY AVAILABLE REMEDIES OR LAWS) SHALL NOT APPLY TO THIS TOU AND IS HEREBY DISCLAIMED. eQUAL, AND ITS SERVICE PROVIDER(S), ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM WILL OPERATE UNINTERRUPTED OR IN A MANNER THAT WILL MEET YOUR PARTICULAR REQUIREMENTS AND/OR NEEDS. eQUAL EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL eQUAL AND ITS LICENSOR(S) OR SERVICE PROVIDER(S) BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE PLATFORM, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF eQual HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, eQUAL’S TOTAL LIABILITY FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO eQUAL IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (US), WHICHEVER IS LESS.

15. GOVERNING LAW. The Platform is controlled and operated by eQual from its offices within the United States. Use of the Platform constitutes agreement to enter into transactions electronically. This TOU has been made in accordance with, and will be construed and enforced in accordance with, the laws of Delaware, as applied to agreements entered into and completely performed in the Delaware. A printed version of this TOU, and of any related notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this TOU, to the same extent as other documents and records originally generated and maintained in printed form. Please print a copy of this TOU or contact eQual if you wish to receive a printed copy of this TOU.

16. ENFORCING SECURITY. eQual reserves the right to view, monitor, and record activity on the Platform without notice or permission from you. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Platform, as well as to disclosures required by, or under applicable law, or related government agency actions. eQual will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, eQual reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation or access to the Platform, or any portion of the Platform in order to protect the Platform or eQual.

17. INJUNCTIVE RELIEF. Notwithstanding the arbitration provision above, any breach, threatened or actual, of this TOU will cause irreparable injury to eQual. Such injury would not be quantifiable in monetary damages and eQual would not have an adequate remedy at law. You therefore agree that eQual shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOU. Accordingly, you hereby waive any requirement that eQual post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to eQual to enforce any provision of this TOU.

18. TERM AND TERMINATION. This TOU will take (re-take) effect at the time you accept or begin using the Platform, whichever is earliest. This TOU will terminate automatically if: (i) you fail to comply with any of its terms; or (ii) cease all use of the Platform. Termination in such event(s) will be effective without notice. In addition, eQual may in its sole discretion terminate this TOU or suspend use of the Platform upon notice to you for any reason. Upon termination of this TOU, any and all right(s) to use the Platform shall immediately cease. The provisions concerning License Grant Restrictions, Feedback, Proprietary Rights, any disclaimer, Limitation of Liability, Arbitration, Governing Law, Indemnity, Enforcing Security, Injunctive Relief, Waiver and Severability, and Entire Agreement will survive the termination of this TOU for any reason.

19. WAIVER AND SEVERABILITY. Failure to insist on strict performance of any of this TOU will not operate as a waiver of any subsequent default or failure of performance. No waiver by eQual of any right under this TOU will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOU is determined to be invalid or unenforceable pursuant to applicable law, including, without limitation, the license grant, warranty disclaimer, or liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOU shall continue in effect.

20. ENTIRE AGREEMENT. You and eQual are independent contractors. No joint venture, partnership, employment, or agency relationship exists between you and eQual as a result of this TOU or your utilization of the Platform. This TOU represents the entire agreement between you and eQual with respect to your individual use of the Platform. This TOU may not be assigned, transferred, conveyed, delegated, or granted by you to another party or person without the prior written consent of eQual. Please note that eQual reserves the right to change this TOU (under and by which the Platform and its offerings are extended to you) by posting online a revised TOU (and an accompanying alert) and/or emailing notice thereof to you. Your continued use of the Platform following any addition, modification, or deletion will be conclusively deemed acceptance of any change to the TOU. Accordingly, please review this TOU on a periodic basis.

21. CONTACT INFORMATION. If you have questions regarding the Platform or if you are interested in obtaining more information concerning eQual, please contact eQual at info@equal.us.