End User License Agreement

END USER LICENSE AGREEMENT

Updated August 22, 2025

Your access to and use of this My Banyan software (“MY BANYAN LIFE”), including any updates or support you may receive from My Banyan, Inc. a Delaware corporation (“Company”), is governed by the terms and conditions of this End-User License Agreement between you and Company (the “Agreement”). As used in this Agreement, “you” refers to you as an individual, and any legal entity you control, work for, or represent when you access or use MY BANYAN. The terms “us” and “we” refer to Company.

NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND TIME LIMIT ON SUBMITTING CLAIMS THAT AFFECT YOUR RIGHTS.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY.

By selecting “I Accept” or otherwise installing and using MY BANYAN LIFE, you accept the terms and conditions of this Agreement. If you do not accept the terms and conditions of this Agreement, do not select “I Accept” and you shall not thereafter make any use of My Banyan.

1. Licensed Use Rights and Limits. MY BANYAN LIFE is licensed to you on a subscription basis for installation, access, and permitted use by you for your individual purposes on electronic equipment which you own, and/or control (your “System”). Your permitted use of MY BANYAN LIFE is subject to the limits of the subscription you selected when ordering or downloading MY BANYAN LIFE in terms of the duration of your subscription (the “Term”). If you accept and continually comply with all the terms and conditions of this Agreement, then you may use MY BANYAN LIFE on your System. You may not share your license with any third party (including, without limitation, permitting, whether directly or indirectly, third-party users of your license), nor may you install, access, or use MY BANYAN LIFE on equipment that you do not solely own and control, unless expressly authorized by MY BANYAN LIFE. If you violate the terms and conditions of this Agreement at any time, MY BANYAN LIFE reserves the right to immediately terminate your license upon written notice before the end of the Term. At the time of such termination of this Agreement, your license to use MY BANYAN LIFE terminates, and all copies must be removed from your System, including without limitation, any data obtained by you from your license.

(a) Subscription License; Support. If you acquire a Subscription License of MY BANYAN LIFE, you will receive access to the product with full functionality, during the Term of the subscription you ordered. You will also be entitled during the Term to limited customer support in the English language made available through our website including support forums, product documentation, tutorials, community pages, and product updates if and when available. If your license to the Subscription License expires and is not renewed, your right to use MY BANYAN LIFE, together with any access to customer support, will be terminated.

2. Other License Limitations. MY BANYAN LIFE is licensed, not sold. MY BANYAN LIFE is protected by copyright and other intellectual property laws and treaties. This Agreement only gives you limited rights to use MY BANYAN LIFE. We reserve all other rights. Unless applicable law gives you more rights despite this limitation, you may use MY BANYAN LIFE only as expressly permitted in this Agreement. In doing so, you must comply with technical limitations in MY BANYAN LIFE that only allow you to use it in certain ways. You may not:

work around the technical limitations in MY BANYAN LIFE;
reverse engineer, decompile or disassemble MY BANYAN LIFE, except and only to the extent that applicable law expressly permits, despite this limitation;
install on unauthorized computers (including without limitation, any other such electronic device) or use MY BANYAN LIFE beyond the limits specified in this Agreement;
use MY BANYAN LIFE to develop or disclose the results of any benchmarking of performance;
obtain a MY BANYAN LIFE license in order to engage in, assist with, or in otherwise any manner contribute to the development of a competitive product or endeavor;
publish MY BANYAN LIFE for others to copy;
distribute MY BANYAN LIFE to any third party;
rent, lease or lend MY BANYAN LIFE; or
transfer MY BANYAN LIFE or this Agreement to any third party.

3. Privacy. Information collected in relation to your use of MY BANYAN LIFE will be handled in accordance with MY BANYAN’s privacy policy. Prior to agreeing to these terms and conditions, please refer to our privacy policy for a more detailed explanation of how your information is collected, stored and used by us and any third-party service providers. Further, the Parties agree that after Term expires, MY BANYAN may retain any data subject to MY BANYAN’s privacy policy and Agreement, for up to a period of six-months, at its sole discretion, unless otherwise required or permitted by law.

4. Your Feedback. If you provide us with feedback on the operation of MY BANYAN LIFE, you also thereby give us, without charge, the right to use that feedback for any purpose. You shall not provide us with feedback if such feedback is subject to a third-party license that requires us to license our software or documentation to third parties. All such rights pursuant to this Section 4 shall survive the termination of this Agreement.

5. Customer Service. If you purchase a Subscription License, we will use commercially reasonable efforts during our normal business hours to provide to you, or make available to you, limited customer support services upon request related to MY BANYAN LIFE during the Term. Any supplemental software code, updates or materials provided to you under this Customer Service provision shall be considered part of MY BANYAN LIFE and subject to the terms and conditions of this Agreement.

6. U.S. Government Restricted Rights. MY BANYAN LIFE and its accompanying documentation are deemed to be commercial computer software as defined in FAR 12.212 and subject to restricted rights as defined in FAR Section 52.227-19 “Commercial Computer Software – Restricted Rights” and DFARS 227.7202, “Rights in Commercial Computer Software or Commercial Computer Software Documentation,” as applicable, and any successor regulations. Any use, modification, reproduction release, performance, display or disclosure of MY BANYAN by the U.S. Government shall be solely in accordance with the terms of this Agreement.

7. Export Restrictions. MY BANYAN LIFE is subject to applicable U.S. export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to MY BANYAN LIFE. These laws include restrictions on destinations, end users and end use. You agree not to export MY BANYAN LIFE to any prohibited country, entity, or person for which an export license or other governmental approval is required.

8. DISCLAIMER OF WARRANTIES. MY BANYAN LIFE IS LICENSED “AS-IS.” TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, AND WE MAKE NO WARRANTIES THAT: (I) OUR PRODUCTS, SERVICES, AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS; (II) OUR PRODUCTS, SERVICES, AND/OR WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE PRODUCTS, SERVICES, AND/OR USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE; (IV) THE QUALITY OF ANY PRODUCTS AND/OR SERVICES PURCHASED OR INFORMATION OBTAINED BY YOU THROUGH THE PRODUCTS, SERVICES, AND/OR WEBSITE WILL MEET YOUR EXPECTATIONS; AND/OR (V) ANY ERRORS IN THE PRODUCTS, SERVICES, AND/OR WEBSITE WILL BE CORRECTED.

MY BANYAN LIFE IS NOT DESIGNED, INTENDED OR LICENSED FOR USE IN HAZARDOUS ENVIRONMENTS WHERE A SOFTWARE MALFUNCTION COULD CAUSE PROPERTY DAMAGE OR PERSONAL INJURY, AND WE SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR SUCH PURPOSES.

WE DO NOT WARRANT, IN ANY WAY THIRD-PARTY PRODUCTS, INCLUDING, BUT NOT LIMITED TO, “INTEGRATIONS” OR ANY “ADD-ONS” YOU MAY DEVELOP YOURSELF OR OBTAIN FROM ANY THIRD PARTIES THROUGH OUR WEBSITE OR ELSEWHERE. YOU ASSUME ALL RISKS IN USING THIRD-PARTY PRODUCTS OR SERVICES WITH MY BANYAN LIFE.

9. LIMITATION ON AND EXCLUSION OF DAMAGES. OUR LIABILITY UNDER THIS AGREEMENT IS LIMITED. YOU CAN RECOVER ONLY DIRECT DAMAGES UP TO THE AMOUNT THAT YOU PAID FOR MY BANYAN LIFE. YOU CANNOT RECOVER ANY OTHER DAMAGES, INCLUDING CONSEQUENTIAL, LOST PROFITS, SPECIAL, INDIRECT OR INCIDENTAL DAMAGES. THIS LIMITATION APPLIES TO ALL CLAIMS RELATED TO MY BANYAN LIFE, INCLUDING WITHOUT LIMITATION CLAIMS FOR BREACH OF CONTRACT, BREACH OF WARRANTY, GUARANTEE OR CONDITION, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER TORT TO THE EXTENT PERMITTED BY APPLICABLE LAW. IT ALSO APPLIES EVEN IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF ANY SUCH DAMAGES.

10. Dispute Resolution and Binding Arbitration Provision.

(a) Definitions. As used in this Arbitration Provision, “Claims” means all claims, disputes, or controversies between you and us of any nature or kind, whether pre-existing, present, or future, that arise from or relate only to your use of MY BANYAN LIFE or any of our products or services. This includes, without limitation, disagreements about the validity, enforceability, or scope of this Arbitration Provision.

(b) Informal Efforts to Resolve Dispute. If a dispute arises between you and us, you should first attempt to resolve it by contacting us with written notice (in accordance with Section 10(i) of this Agreement, citing the details of your complaint, including your contact information. We shall attempt in good faith to resolve all Claims submitted this way within fifteen (15) days of receipt, if possible, under the circumstances.

(c) Agreement to Arbitrate; Right to Opt-Out. If informal efforts to resolve Claims fail or are not used, you agree that any and all Claims will be resolved exclusively by binding arbitration as described herein, except that: (i) you may assert Claims in a small claims court in the United States if your Claims meet the court’s jurisdictional requirements; and (ii) either party may pursue Claims and relief in a court of competent jurisdiction regarding the validity and/or infringement of a party’s intellectual property rights.

THERE IS NO JUDGE OR JURY IN ARBITRATION; COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD TO YOU, ON AN INDIVIDUAL-BASIS, THE SAME DAMAGES AND FORMS OF RELIEF AS A COURT COULD (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF AS WELL AS STATUTORY DAMAGES) AND MUST FOLLOW THE LAW AND TERMS OF THIS AGREEMENT AS A COURT WOULD.

ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS AND PRIVATE ATTORNEY GENERAL ACTIONS INITIATED BY YOU ARE NOT PERMITTED.

IF YOU DO NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, YOU MUST NOTIFY US IN WRITING WITHIN THIRTY (30) DAYS FROM THE DATE THAT YOU FIRST ACCEPT OR HAVE ACCESS TO THIS AGREEMENT BY MAILING AN OPT-OUT REQUEST TO OUR CUSTOMER SERVICE CENTER LISTED BELOW. YOUR WRITTEN NOTIFICATION MUST INCLUDE YOUR NAME, ADDRESS, THE EMAIL ADDRESS YOU USED TO REGISTER WITH US, AND A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH US THROUGH ARBITRATION. YOUR DECISION TO OPT OUT OF THIS ARBITRATION PROVISION WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH US OR THE DELIVERY OF SERVICES TO YOU BY US.

(d) Arbitration Fees. The allocation and payment of all filing, administration and arbitrator fees will be governed by the rules of the American Arbitration Association (“AAA”) which limit the amount a consumer is required to pay.

(e) Arbitration Rules. If you are a resident of the United States of America, the arbitration will be conducted by the American Arbitration Association (“AAA”) in Wilmington Delaware under its rules. If you are a resident of a country other than the United States, the arbitration will be conducted by the AAA’s International Centre for Dispute Resolution in Dover, Delaware, under its rules for international arbitration, and you agree to submit to the personal jurisdiction of the U.S. federal court in, Wilmington, Delaware, in order to compel arbitration, to stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In the event of a conflict or inconsistency between the applicable arbitration rules and this Arbitration Provision, this Arbitration Provision shall govern and control.

(f) Arbitration Process. Since appearing in-person for arbitration can be unduly burdensome in the circumstances, arbitration under this Arbitration Provision shall not require any personal appearance by the parties or witnesses unless mutually agreed. Either or both parties may participate by written submissions, telephone calls, or other means of remote communication as allowed by the arbitrator. The arbitration proceedings will be conducted in the English language at a location designated by the AAA in the County of Kent, Delaware.

The arbitration can only decide Claim(s) between you and us, and may not consolidate or join the claims of other persons that may have similar claims. There shall be no pre-arbitration discovery except as provided for in the applicable AAA rules. The arbitrator will honor claims of privilege recognized by law and will take reasonable steps to protect customer account information and other confidential or proprietary information.

In conducting the arbitration proceeding, the arbitrator will apply the laws of the State of Delaware (without regard to its conflicts of law provisions) and U.S. federal law for matters covered by federal law (for example, the Federal Arbitration Act). At the request of any party, the arbitrator shall provide a brief written explanation of the basis for the decision and award. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction. The arbitrator’s decision will be final and binding on the parties except for any right to appeal under the AAA rules or the Federal Arbitration Act.

(g) Confidentiality. You shall keep confidential any information exchanged during the arbitration as well as the decision of the arbitrator made with respect to any Claim(s) arbitrated under this Arbitration Provision. With the exception of disclosure to your attorneys, accountants, auditors, and other legal or financial advisors, you shall not disclose such information or decision to any other person unless you are required to do so by law.

(h) Continuing Obligation to Arbitrate; Severability. This Arbitration Provision shall survive termination of your access to, or use of, any services pursuant to this Agreement. If any portion of this Arbitration Provision is deemed invalid or unenforceable at law, such invalid or unenforceable provision will be interpreted, construed or reformed to the extent required to make it valid and enforceable, and this shall not invalidate the remaining portions of this Arbitration Provision.

(i) Notice Address:

MY BANYAN, Inc.

8 The Green Ste-A

Dover, Delaware 19901

11. Applicable Law; Forum. Delaware state law governs the interpretation of this Agreement and applies to claims for breach of it, regardless of any conflict of laws principles. Without limiting the parties’ rights and obligations under the Arbitration Provision of this Agreement, you agree that any lawsuit filed to resolve any Claim you have with us arising out of or relating to this Agreement will be brought exclusively in a state or federal court located in or for the State of Delaware, and you agree to submit to the personal jurisdiction of such courts for the purpose of such Claims.

12. Entire Agreement; Severability. This Agreement as well as any ordering documents prepared or signed by MY BANYAN LIFE specifying the Term of the subscription and applicable limitations (such as the maximum number of daily Actions) constitutes a complete and exclusive statement of the terms of the Agreement between the parties with respect to its subject matter. This Agreement may not be amended, supplemented or otherwise modified except by a written Agreement executed by an authorized representative of both parties. If for any reason any provision of this Agreement is held to be invalid or unenforceable to any extent, then (a) such provision will be interpreted, construed or reformed to the extent reasonably required to render the same valid, enforceable and consistent with the original intent underlying such provision; (b) such provision will remain in effect to the extent that it is not invalid or unenforceable; and (c) such invalidity or unenforceability will not affect any other provision of this Agreement.