Givest Terms of Service

Effective date: Winter 2026 (launch)

These Terms of Service are an agreement between you and Givest Technologies, Inc. ("Givest," "we," "us"). They govern your use of the Givest app, the givest.app website, and the services we provide (together, the "Service"). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy.

Please read Section 14. It contains an arbitration agreement and class action waiver that affect your legal rights, and it explains how to opt out.

1. What Givest is

Givest lets a person (a "giver") send a monetary gift with a stock suggestion to another person (a "recipient"). The recipient can claim the gift, open a brokerage account, and receive fractional shares of a stock they choose. Stock suggestions are made by givers. They are not recommendations from Givest.

The Service involves several companies with distinct roles:

• Givest Technologies, Inc. operates the app and website.
• Givest Advisors, Inc., an investment adviser registering with the U.S. Securities and Exchange Commission, provides limited, impersonal investment advisory services described in its Form ADV.
• Alpaca Securities LLC, a registered broker-dealer and member of FINRA and SIPC, provides brokerage services, including identity verification, account opening, and the purchase and custody of securities. Your brokerage relationship is governed by Alpaca's customer agreement, which you accept when your brokerage account is opened.
• Cross River Bank holds gift funds in transit in a custody account for the benefit of Givest customers, as described at checkout.
• Plaid Inc. provides bank account connection services, governed by Plaid's end user terms.

2. Eligibility and accounts

You must be at least 18 years old, a U.S. resident, and able to form a binding contract to create a Givest account. You agree to provide accurate information and to keep your account credentials secure. You are responsible for activity on your account. Custodial brokerage accounts for minors may be opened only by an adult custodian as described in Section 6.

Opening a brokerage account requires identity verification under federal law. You authorize us to share the information you provide with Alpaca Securities LLC for that purpose. We may decline, suspend, or close accounts to comply with law, prevent fraud or abuse, or protect the Service, subject to Section 15.

3. How gifts work

• Creating a gift. A giver selects a stock suggestion from the Givest catalog, sets a dollar amount, adds a recipient and an optional message, connects a bank account, and confirms. When the gift is created, the giver's bank account is charged the gift amount plus the platform fee shown at checkout.
• Holding. Gift funds are held in a custody account for the benefit of Givest customers at Cross River Bank until the recipient claims the gift and the funds are delivered to the recipient's brokerage account.
• Claiming. The recipient receives a claim link by email. To claim, the recipient creates an account, completes identity verification, and opens a brokerage account. The recipient may accept the suggested stock or choose a different one from the catalog. The stock suggestion belongs to the giver; the choice belongs to the recipient.
• Delivery. After claim and verification, the gift amount is transferred to the recipient's brokerage account and invested in the recipient's chosen stock, purchasing fractional shares at the market price at the time of execution. The number of shares received depends on the share price at execution.
• Unclaimed gifts. If a gift is not claimed within 90 days, the gift amount is refunded to the giver's original payment method. The platform fee is not refundable.
• Failed refunds and unclaimed property. If we cannot return funds to a giver (for example, a closed bank account), we will attempt to contact the giver. Funds that remain unclaimed may be reported and delivered to the applicable state as unclaimed property, as state law requires.

4. Fees

The platform fee for each gift is shown at checkout before you confirm, and it is charged when the gift is created. The platform fee is not refundable, including when a gift goes unclaimed and the gift amount is refunded. Any future subscription features will have their prices and terms shown before you subscribe.

5. Investment disclosures

• Investing involves risk. Stock values can go up or down, and growth is not guaranteed. You can lose money, including the full amount invested.
• No recommendations. The stock catalog mirrors the membership of established market indexes. A giver's stock suggestion is the giver's choice, not advice from Givest. Givest does not provide personalized investment advice, and nothing in the Service is a recommendation to buy, sell, or hold any security.
• Not a bank. Givest is not a bank. Securities in your brokerage account are not bank deposits, are not FDIC insured, and may lose value. Securities and cash in your brokerage account are protected by SIPC up to applicable limits, which protects against the failure of the broker-dealer, not against market losses.
• Not tax advice. Givest does not provide tax advice. Gifts may have tax consequences, including federal gift tax rules for large gifts. Consult a tax professional about your situation.
• Execution. Orders are executed by Alpaca Securities LLC. Prices shown in the app before execution are indicative; the execution price is the market price at the time the order fills.

6. Custodial accounts for minors

An adult may open a custodial brokerage account for a minor under the Uniform Gifts to Minors Act or Uniform Transfers to Minors Act of the applicable state. The custodian controls the account and must use it for the benefit of the minor. Assets in a custodial account belong to the minor. When the minor reaches the age of majority under applicable state law, the account is converted or transferred as that law and the broker-dealer's procedures require. The custodian is responsible for the accuracy of the minor's information and for their obligations as custodian under state law.

7. Electronic delivery

You consent to receive all agreements, disclosures, statements, confirmations, tax documents, and other communications electronically, by email to the address on your account or within the app. You may withdraw this consent by closing your account. Keep your email address current; notices sent to the address on file are considered delivered.

8. Acceptable use

You agree not to: use the Service for money laundering, fraud, or any unlawful purpose; provide false identity information; use the Service on behalf of someone else without authority; attempt to access other users' accounts or data; probe, disrupt, reverse engineer, or overload the Service; scrape the Service; or use the Service to send unsolicited communications. We may investigate violations and suspend or terminate accounts involved in them.

9. Intellectual property

The Service, including its software, design, text, graphics, and trademarks, is owned by Givest Technologies, Inc. and its licensors. We grant you a limited, personal, non-transferable, revocable license to use the app and website to access the Service. You may not copy, modify, distribute, or create derivative works from the Service except as the law allows.

10. Third-party services

The Service depends on third parties, including Alpaca Securities LLC, Cross River Bank, our payment infrastructure providers, Plaid, and app store providers. Their services are governed by their own terms and privacy policies. We are not responsible for third-party services we do not control, but we choose and oversee our service providers with care.

11. Disclaimers

The Service is provided "as is" and "as available." To the fullest extent permitted by law, Givest disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure. Nothing in this section limits obligations that cannot be disclaimed under applicable law, including obligations of Givest Advisors, Inc. under the Investment Advisers Act.

12. Limitation of liability

To the fullest extent permitted by law, Givest and its officers, directors, employees, and agents will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising from your use of the Service. To the fullest extent permitted by law, our total liability for any claim arising out of the Service is limited to the greater of one hundred dollars or the platform fees you paid to Givest in the twelve months before the claim arose. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you. Nothing in this section limits liability that cannot be limited under applicable law, including under the federal securities laws.

13. Indemnification

You agree to indemnify and hold Givest harmless from claims, damages, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms, your misuse of the Service, or your violation of law or the rights of a third party.

14. Arbitration agreement and class action waiver

Please read this section carefully.

• Informal resolution first. Before filing a claim, you agree to contact us at support@givest.app and give us 30 days to work with you to resolve the dispute informally.
• Binding arbitration. Any dispute arising out of or relating to these Terms or the Service that is not resolved informally will be resolved by binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court. The arbitration will be conducted by a single arbitrator, remotely or in the county where you live, at your choice. The AAA rules govern payment of arbitration fees; Givest will pay fees the rules assign to us and will not seek attorneys' fees or costs from you in arbitration unless the arbitrator finds your claim frivolous.
• Class action waiver. Disputes will be arbitrated on an individual basis. Neither you nor Givest may participate in a class action, class arbitration, or representative action. If this waiver is found unenforceable as to a particular claim, that claim, and only that claim, shall proceed in court.
• Exceptions. This section does not apply to claims that may not be arbitrated as a matter of law, and does not prevent either party from seeking equitable relief in court for intellectual property infringement or unauthorized access to the Service.
• Opt-out. You may opt out of this arbitration agreement by emailing support@givest.app with the subject "Arbitration opt-out" within 30 days of first accepting these Terms, stating your name and account email. Opting out will not affect any other part of these Terms.

15. Suspension, termination, and account deletion

You may stop using the Service at any time and may request account deletion in the app or at givest.app/account/delete. Account deletion is subject to the completion of gifts in flight and to record retention required of a registered investment adviser (records are retained for at least five years under SEC rules, with access restricted).

We may suspend or terminate your access to the Service if you violate these Terms, if required by law, or to protect the Service or its users. If we terminate your account without cause, we will give you reasonable notice. Termination does not affect assets in your brokerage account, which remain governed by your agreement with Alpaca Securities LLC.

16. Changes to the Service and these Terms

We may change the Service over time. If we make material changes to these Terms, we will notify you in the app or by email before the changes take effect. Your continued use of the Service after the effective date of changes constitutes acceptance. If you do not agree to changed Terms, stop using the Service and, if you wish, request account deletion.

17. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, except that the arbitration agreement is governed by the Federal Arbitration Act. Where a claim proceeds in court, it must be brought in the state or federal courts located in Delaware, and both parties consent to their jurisdiction, except for small claims as provided above.

18. Miscellaneous

These Terms, together with the Privacy Policy and any product-specific terms we present to you, are the entire agreement between you and Givest Technologies, Inc. regarding the Service. If any provision is found unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a corporate transaction. Section headings are for convenience only.

19. Contact

Givest Technologies, Inc.

Kansas City, MO

support@givest.app