Fund Adventure Portal

Terms of Service & Box Operating Rights Agreement

Daily Adventure Box, Inc.

Document ID: DAB-FA-TOS-2026-01 Version: 2.1 Effective: April 24, 2026

This Fund Adventure Portal Terms of Service & Box Ownership Agreement (this "Agreement") is entered into as of the date of electronic acceptance (the "Effective Date"), by and between:

Daily Adventure Box, Inc., a North Carolina corporation, with its principal place of business at 2884 North Carolina Highway 210, Smithfield, NC 27577 ("DAB," "Company," "we," "us," or "our"); and

The individual electronically accepting this Agreement through the Fund Adventure Portal ("you," "Operator," or "Member"), whose name, email, and identity are recorded at the time of account registration and digital signature.

WHEREAS, DAB owns and operates the Fund Adventure Portal at www.dailyadventurebox.com/fund-adventure (the "Portal"), through which individuals may purchase operating rights to outdoor equipment rental units ("Boxes") installed at real-world locations. DAB retains ownership of all physical equipment and infrastructure; and

WHEREAS, Operator desires to purchase operating rights to one or more Boxes and engage as an independent contractor of DAB for the purpose of marketing the applicable location(s); and

WHEREAS, the parties wish to set forth the terms governing this relationship;

NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:

1. Definitions

As used throughout this Agreement, the following terms have the meanings set forth below:

1. "Activation Deposit" means the minimum deposit of One Hundred Fifty Dollars ($150.00) required to activate an account, applied toward your first Box operating rights purchase.
2. "Box" or "DAB Box" means a self-contained outdoor equipment rental unit at a DAB Location, consisting of the physical box infrastructure, electronic lock and circuit board, and the gear stored inside.
3. "Box ID" means the unique alphanumeric identifier assigned to each Box (e.g., CLJ-01, PNS-02).
4. "Box Position" has the meaning set forth in Section FA-3.1 and, for purposes of this Agreement, is used interchangeably with references to a purchased Box or operating rights.
5. "Buyback" means DAB's sole and absolute discretionary option, as described in Section FA-6, to offer to repurchase a Box Position. Buyback is not a promise, obligation, schedule, or guaranteed pathway, and no price, multiple, or timeline is fixed, formulaic, or owed.
6. "Equipment" means the specific recreational items reference-tagged to a Box Position at the time of purchase, which DAB may substitute, replace, retire, relocate, reconfigure, or discard pursuant to Section FA-8.
7. "Investor" is used interchangeably with "Operator" and "Member" in respect of a Person holding one or more Box Positions and acknowledging the representations in Section FA-15.
8. "Confidential Information" has the meaning set forth in Section 11.
9. "Location" means the physical site where one or more Boxes are installed and operated by DAB.
10. "Portal" means the Fund Adventure web application at www.dailyadventurebox.com/fund-adventure.
11. "Operating Threshold" means an internal operational benchmark used by DAB, at DAB's sole discretion, as one of several factors it may consider when evaluating whether to extend a discretionary Buyback offer under Section FA-6. The Operating Threshold creates no obligation, scheduled event, or guaranteed pathway to Buyback and is not a representation or warranty.
12. "Restricted Area" has the meaning set forth in Section 12(a).
13. "Restricted Period" has the meaning set forth in Section 12(a).

2. Eligibility

By accepting this Agreement, you represent and warrant that:

1. You are at least eighteen (18) years of age and legally competent to enter into binding contracts under the laws of your jurisdiction of residence;
2. You are a United States citizen or lawful permanent resident;
3. You are entering into this Agreement in your individual capacity, or, if applicable, as a duly authorized representative of a legal entity with the power and authority to bind such entity;
4. You have the financial capacity and understanding to make the purchases contemplated herein;
5. You understand that this is a business participation and operating rights program, and not a security, investment contract, investment product, or passive income opportunity. DAB retains ownership of all physical equipment and infrastructure;
6. You have not relied upon any representations or statements by DAB other than those expressly set forth in this Agreement; and
7. You have had the opportunity to consult with independent legal, financial, and tax advisors before entering into this Agreement.

3. Nature of the Transaction — Securities Disclaimer

3-bis. Operating Location Reality — On-Base Under the MCCS Contract

1. Federal Enclave Acknowledgment. You acknowledge that USMC installations operated by MCCS are federal enclaves or federally controlled properties. The performance of the Service, the Boxes, and any equipment thereon is subject to plenary federal authority under 10 U.S.C. § 5013, 10 U.S.C. § 5063, and applicable installation regulations. Claims arising from acts or omissions of the United States, its agencies, MCCS as a non-appropriated fund instrumentality ("NAFI"), or federal personnel are governed by the Federal Tort Claims Act, 28 U.S.C. § 2671 et seq., the Military Claims Act, 10 U.S.C. § 2733, or applicable MCCS / NAFI claims procedures, and shall not be asserted against DAB.
2. Anti-Deficiency Act. DAB is a private contractor and not an agency or instrumentality of the United States. No provision of this Agreement obligates any appropriated or non-appropriated federal funds, consistent with the Anti-Deficiency Act, 31 U.S.C. § 1341.
3. MCCS Contract Controls Operations. The MCCS Contract — including Section B.3.4 thereof and any successor or amended provision — controls operational, OPSEC, signage, photo-restriction, insurance, conduct, environmental, hazardous-materials, and patron-interaction requirements applicable to all Boxes and Equipment. In any conflict between this Agreement and the MCCS Contract, the MCCS Contract controls as to subject matter committed exclusively to MCCS authority.
4. Termination by U.S. Authority. DAB may suspend or terminate operations at any Locker, or this Agreement entirely, immediately and without liability beyond Section FA-7.2, if (i) any installation commander, MCCS official, Provost Marshal, security forces officer, or U.S. governmental authority directs, requests, or causes such suspension or termination; (ii) the MCCS Contract is suspended, modified, terminated, not renewed, or de-scoped for any reason; (iii) any FPCON elevation, base closure, deployment, mass-casualty, exercise, deployment cycle, or military operation makes performance impractical or restricted; or (iv) any change in DoD, Department of the Navy, USMC, or installation policy renders operation inconsistent with applicable law or regulation.
5. OPSEC for Operators. Operator shall not, in any marketing, social media, podcast, livestream, public post, photograph, or other public medium: (i) publish real-time or precise location data for any Locker beyond DAB's own approved public coordinates; (ii) photograph or post images of installation gates, security infrastructure, motor pools, sensitive equipment, military personnel (in or out of uniform) without their consent, unit-identifying signage, or installation layout; (iii) reveal patron, operator, or revenue data not made public by DAB; or (iv) publish any image or information that violates OPSEC requirements of any installation. Violation is grounds for immediate termination of this Agreement under Section 21(b) and indemnification under Section 16.
6. No Civilian-Venue Promise. Any reference in DAB marketing materials, prior drafts, oral statements, or social-media posts to future civilian, non-base, glamping, surf-park, resort, hotel, municipal-park, or commercial-pier expansion is forward-looking and aspirational only, is not a representation or warranty, and is expressly superseded by this Section 3-bis and Section FA-18 (No Reliance). The Box Position is purchased on the basis of present on-base operations only.
7. Patron SCRA / Patron Mix. Operator acknowledges that the patron base served by DAB Locations consists predominantly of active-duty servicemembers, dependents, retirees, DoD civilians, and authorized civilian guests, and that all such patrons enjoy the protections of the Servicemembers Civil Relief Act ("SCRA"), 50 U.S.C. § 3901 et seq., the Military Lending Act, 10 U.S.C. § 987, and other federal and state servicemember-protection statutes. Operator shall conduct all marketing in a manner consistent with these protections and shall not solicit any patron in any manner inconsistent with DoD Instruction 1344.07 (Personal Commercial Solicitation on DoD Installations).
8. Active-Duty Operator Status. If Operator is an active-duty servicemember (regular component, Reserve, or National Guard on federal orders), Operator represents that participation in Fund Adventure is consistent with DoD Instruction 1344.07, DoD 5500.07-R (Joint Ethics Regulation), and any branch-, command-, or unit-specific outside-employment, conflict-of-interest, or ethics approval requirement applicable to Operator. Operator shall not perform marketing in uniform or in any manner suggesting endorsement by the Department of Defense, the United States Marine Corps, or any unit thereof.

4. Account Registration & Profile-Completion Gate

1. Account Required. You must create an account through the Portal to purchase Boxes. You must provide accurate, current, and complete information during registration and maintain the accuracy of such information.
2. Profile-Completion Gate. Before purchasing any Box Position or any DAB Team Member tier, you shall provide and verify the following profile fields, all of which DAB collects to satisfy tax-reporting, fulfillment, base-access, anti-fraud, age-verification, OPSEC, and SCRA-compliance requirements: (i) full legal name; (ii) date of birth (for 18+ verification under Section 2); (iii) phone number; (iv) shipping address (used solely for any physical fulfillment, including DAB Team Member apparel and any mailed notices under Section 27); (v) T-shirt size (for any apparel fulfillment associated with a tier); (vi) military affiliation (active duty, reserve / national guard, retired, veteran, DoD civilian, military dependent, civilian guest, or none); and (vii) marketing-communications opt-in preference (compliant with CAN-SPAM, 15 U.S.C. § 7701 et seq., and the Telephone Consumer Protection Act, 47 U.S.C. § 227 ("TCPA")). The Portal will not advance any purchase or membership flow until the foregoing fields are complete; this is a non-waivable safeguard against the legal-compliance exposures referenced in this Agreement.
3. Apparel and Physical Fulfillment. Where a tier or promotion includes physical apparel or merchandise, DAB will use the shipping address and T-shirt size you provide to fulfill the item. Fulfillment timing is best-effort and is not a condition to the validity of the underlying purchase. Failure to receive apparel does not entitle Operator to refund of the underlying tier or Box Position.
4. Account Security. You are solely responsible for maintaining the confidentiality of your account credentials. You accept responsibility for all activity occurring under your account.
5. Notice of Compromise. You must notify DAB immediately at support@dailyadventurebox.com if you suspect unauthorized access.
6. Suspension or Termination. DAB reserves the right to suspend or terminate any account at its sole discretion for violation of this Agreement, suspected fraudulent activity, failure to maintain a complete and accurate profile under subsection (b), or for any lawful reason.
7. State Privacy Rights. Where applicable under the California Consumer Privacy Act / California Privacy Rights Act, the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, or any other state consumer-privacy statute, you may exercise statutory access, deletion, correction, and opt-out rights by contacting support@dailyadventurebox.com. DAB does not "sell" personal information within the meaning of any such statute.

5. Box Purchases

1. Activation Deposit. A minimum activation deposit of $150.00 is required to activate your account. This amount is applied toward your first Box purchase(s).
2. Pricing. Box positions are priced by box size. Prices are displayed in the Portal at the time of purchase and are subject to change without notice for future purchases. DAB retains ownership of all physical equipment and infrastructure.
3. Platform & Processing Fee. A non-refundable Platform & Processing Fee of $14.99 per box position applies to each purchase. This fee covers portal access, real-time dashboard, performance tracking, and operator support services. The Platform & Processing Fee is, in any event, not refundable and not included in any discretionary Buyback offer DAB may extend under Section FA-6.
4. Payment Processing. All payments are processed through Stripe, Inc., a PCI DSS Level 1 compliant payment processor. DAB does not store credit card numbers, CVV codes, or full bank account details on its servers. By making a purchase, you authorize DAB and Stripe to charge your selected payment method for the box position purchase price, Platform & Processing Fee, and applicable taxes.
5. Tax. Applicable sales, use, or transaction tax is calculated and collected at checkout based on the taxable nature of the underlying transaction and the Operator's billing address and Location jurisdiction. North Carolina sales-and-use tax obligations are determined under NCGS Chapter 105, Article 5, and DAB collects and remits as required by the North Carolina Department of Revenue. If a state, local, MCCS, or DoD authority later determines that a transaction is taxable in a jurisdiction not initially collected, Operator shall remain responsible for any unpaid tax, interest, or penalty assessed against Operator's account.
6. Allocation of Funds. Funds received from Box purchases are immediately allocated toward equipment manufacturing, procurement, deployment, and operational infrastructure. This immediate allocation forms the basis for the refund limitations in Section 6.
7. Operating Rights. Upon completed purchase and expiration of the 24-hour grace period, you obtain operating rights to the Box as described at the time of purchase. DAB retains full ownership of all physical equipment, kiosk infrastructure, and gear. DAB retains operational control as described in Section 8.

6. Refund Policy

1. Post-Grace Period. After the 24-hour grace period expires, all purchases are final and non-refundable. Funds are immediately allocated toward equipment manufacturing, procurement, and deployment upon the grace period's expiration.
2. Discretionary Review. Post-grace-period refund requests may be submitted through the Portal's Support section and are handled at DAB's sole and absolute discretion based on available funds and operational needs. DAB may offer equipment rotation or location transfer as an alternative. DAB will respond within five (5) business days.
3. No Cooling-Off Period Beyond 24 Hours. You acknowledge that no federal or state cooling-off law applies to this transaction beyond the 24-hour grace period provided herein, as this constitutes a business-to-business operating rights agreement, not a door-to-door consumer sale subject to the FTC Cooling-Off Rule (16 C.F.R. §429).
4. Chargebacks. You agree not to initiate a chargeback or payment dispute with your bank or credit card company for purchases governed by this Agreement without first exhausting the refund and dispute resolution procedures herein. Fraudulent chargebacks may result in account termination and pursuit of all available legal remedies.

7. Operator Responsibilities — Independent Contractor Relationship

1. Independent Contractor. As a DAB Micro-Owner, you become an independent contractor of DAB responsible for marketing your Location(s) to drive rentals. You are not an employee, agent, partner, joint venturer, or franchisee of DAB. Nothing in this Agreement shall be construed to create any such relationship.
2. Marketing Obligations. You agree to actively promote your Location(s) through personal networks, social media, local outreach, and other lawful marketing efforts. Location revenue performance — one of many discretionary factors DAB may consider under Section FA-6 — may be influenced by your marketing efforts, but no level of marketing effort obligates DAB to extend a Buyback offer or to do so on any particular timeline or at any particular price. All marketing must comply with: (i) DAB's brand guidelines; (ii) the FTC Endorsement Guides disclosure requirements in Section FA-16 (16 CFR Part 255); (iii) the OPSEC restrictions in Section 3-bis(e); (iv) DoD Instruction 1344.07 to the extent Operator is an active-duty servicemember; (v) CAN-SPAM (15 U.S.C. § 7701 et seq.) for any email solicitation Operator initiates; (vi) the TCPA (47 U.S.C. § 227) for any SMS or call solicitation Operator initiates; and (vii) the compliance rules set forth in the Portal. Operator shall obtain consent for any image of an identifiable third party before publishing it.
3. No Tax Withholding. DAB will not withhold any federal, state, or local taxes from any payments made to you. You are solely responsible for all tax obligations arising from your participation, including income tax, self-employment tax, and any applicable state or local taxes. DAB may issue IRS Form 1099-NEC as required by law.
4. No Benefits. You are not entitled to employee benefits of any kind, including health insurance, retirement benefits, workers' compensation, or unemployment insurance from DAB.
5. Control of Methods. DAB does not control the manner, method, means, or schedule by which you perform marketing activities — only the results to be achieved and compliance with brand guidelines.
6. Compliance with Law. You agree to comply with all applicable federal, state, and local laws in connection with your activities, including FTC guidelines on endorsements and testimonials (16 C.F.R. §255), truth-in-advertising laws, and all applicable tax laws.

8. DAB's Operational Rights

You acknowledge and agree that DAB retains full and exclusive operational control of all Locations and Boxes, including the right to:

1. Rotate, modify, upgrade, replace, substitute, retire, relocate, reconfigure, or discard equipment within any Box or Location to optimize rental revenue, in accordance with the equipment-swap authority set forth in Section FA-8;
2. Relocate a Box to a different position within the same Location, or to a comparable Location, if operational needs require, with notice to you;
3. Handle all customer-facing rental operations, maintenance, equipment replacement, and insurance;
4. Set, adjust, and modify rental pricing for all Locations at its sole discretion;
5. Temporarily or permanently suspend operations at any Location due to (i) weather, safety, environmental, or hazardous-condition concerns; (ii) regulatory requirement; (iii) order, request, or direction of any installation commander, MCCS official, Provost Marshal, security forces officer, or U.S. governmental authority; (iv) FPCON elevation or base closure; (v) suspension, modification, termination, or non-renewal of the MCCS Contract; (vi) deployment, exercise, or military operation; or (vii) force majeure events under Section 22; and
6. Make all operational decisions in its sole discretion to optimize Location performance.

9. Buyback Option — Discretionary; Not a Promise

1. Discretionary Option. DAB may, at its sole and absolute discretion, offer to repurchase any Box Position at any time. No such offer is guaranteed, promised, scheduled, or owed. The absence of any Buyback offer, in whole or in part, at any time, shall not constitute a breach of this Agreement, a default, a failure of consideration, or a basis for rescission. The controlling terms of the Buyback option are set forth in Section FA-6.
2. No Fixed Price or Multiple. Any Buyback price shall be determined by DAB in its sole discretion at the time of offer and is not fixed, formulaic, or reference-indexed. Any reference in marketing materials, prior drafts, or oral communications to a "1.25x," "ROI Pathway," "target multiple," or similar figure is aspirational and illustrative only, is not a representation or warranty, and is superseded by Sections FA-6 and FA-18 (No Reliance).
3. Conditions to Any Offer. Any Buyback offer DAB elects to extend is expressly conditioned upon, and subject to DAB's satisfaction as to: (i) verification of Locker revenue performance against DAB's then-current operational targets; (ii) physical inspection and condition of the Equipment; (iii) DAB's then-current financial capacity, working-capital position, and board approval; (iv) absence of regulatory, legal, or contractual restriction; and (v) your compliance with all obligations under this Agreement.
4. Payment Mechanics (If Offer Accepted). If DAB extends, and you accept, a discretionary Buyback offer, the offered amount will be credited to your Portal balance. Withdrawal to your original payment method may be requested by contacting support@dailyadventurebox.com.
5. Reinvestment. If you receive a Buyback credit, you may use your Portal balance to purchase additional Box Positions, subject to availability.
6. Waiver of Claims. You waive any claim, including without limitation claims sounding in contract, promissory estoppel, detrimental reliance, quasi-contract, unjust enrichment, fraud, negligent misrepresentation, or violation of NCGS § 75-1.1, based on any expectation of Buyback, Buyback price, Buyback timing, or Buyback multiple.

10. Premium DAB Partner Status

Premium status may be extended, at DAB's sole discretion, to members who meet both: (a) total purchases of $10,000.00 or more; AND (b) acceptance of at least one discretionary Buyback offer extended by DAB under Section FA-6. Eligibility does not create any right or entitlement, does not obligate DAB to extend a Buyback offer, and Premium status is revocable at DAB's discretion. Benefits may include 1:1 meetings with DAB leadership, priority access to new locations, speaking rights at company meetings, and a dedicated location consultant. DAB reserves the right to modify or discontinue Premium benefits at any time with thirty (30) days' notice.

11. Confidentiality & Non-Disclosure

1. Definition. "Confidential Information" means all non-public information disclosed by DAB to you, or accessed by you through the Portal, including but not limited to: business operations; revenue data and financial information; rental performance metrics; customer and renter data; vendor relationships; proprietary technology and systems; meeting content; strategic discussions; internal communications; pricing structures; marketing strategies; and trade secrets.
2. Exclusions. Confidential Information does not include information that: (i) is or becomes publicly available through no breach by you; (ii) you independently develop without use of Confidential Information; (iii) you lawfully receive from a third party without restriction; or (iv) is required to be disclosed by law, provided you give DAB prompt written notice and cooperate with efforts to obtain protective treatment.
3. Obligations. You shall: (i) hold all Confidential Information in strict confidence; (ii) not disclose Confidential Information to any third party without DAB's prior written consent; (iii) use Confidential Information solely for purposes related to your participation in Fund Adventure; (iv) use at least the same degree of care to protect Confidential Information as you use for your own confidential information, but in no event less than reasonable care; and (v) not take screenshots, recordings, or copies of Portal data except as necessary for your authorized marketing activities.
4. Duration. Confidentiality obligations survive for the duration of your operating rights and for three (3) years thereafter, except that obligations regarding trade secrets survive for as long as such information qualifies as a trade secret under applicable law (including the federal Defend Trade Secrets Act, 18 U.S.C. §1836).
5. Remedies. You acknowledge that unauthorized disclosure would cause irreparable harm. DAB shall be entitled to injunctive relief without bond, in addition to all other remedies.
6. Integration. If you have separately executed DAB's standalone Confidentiality Agreement, the terms of that agreement shall control to the extent of any conflict.

12. Non-Competition & Non-Solicitation

(a) Non-Competition Covenant

During the term of your operating rights and for two (2) years following termination (the "Restricted Period"), you shall not, directly or indirectly, engage in, establish, own, manage, operate, finance, control, advise, render services to, or assist any business that directly competes with DAB's outdoor equipment rental box model within a fifty (50) mile radius of any active DAB installation (the "Restricted Area"). Competing activities include, without limitation: automated outdoor equipment kiosks; QR-based outdoor gear rental platforms; self-service equipment rental lockers; and similar self-service outdoor recreation equipment rental concepts.

(b) Non-Solicitation Covenant

During the Restricted Period, you shall not, directly or indirectly: (i) solicit, recruit, or encourage any DAB employee, contractor, vendor, or business partner to terminate or reduce their relationship with DAB; (ii) solicit or divert any DAB customer, operator, or prospective member for the benefit of a competing business; or (iii) use Confidential Information to benefit any competing business.

(c) Consideration

You acknowledge adequate consideration for these restrictions, including: access to the Portal and its proprietary data; access to Confidential Information and trade secrets; DAB's discretionary Buyback option framework under Section FA-6; and the mutual promises in this Agreement.

(d) Nationwide Enforceability — Reformation & Severability

1. Judicial Reformation. If any court or arbitrator determines that the scope, duration, geographic area, or any aspect of this Section 12 is unreasonable or unenforceable, the parties expressly authorize and request the court or arbitrator to reform (blue-pencil) the restriction to the minimum extent necessary to render it enforceable, rather than voiding it.
2. State-Specific Adjustments. In jurisdictions that restrict or prohibit non-compete covenants (including but not limited to California, Minnesota, North Dakota, Oklahoma, Colorado, Oregon, Washington, Illinois, Maine, Maryland, New Hampshire, Rhode Island, Virginia, and any state enacting such restrictions hereafter), the non-competition covenant in Section 12(a) shall automatically narrow or become inapplicable to the extent required. However, the non-solicitation covenant (Section 12(b)) and confidentiality obligations (Section 11) remain in full force in all jurisdictions.
3. Separability. Each restriction is a separate and independent covenant. Invalidity of any one restriction does not affect the others.
4. Injunctive Relief. Breach of this Section would cause irreparable harm. DAB is entitled to temporary and permanent injunctive relief without bond, in addition to all other remedies at law or in equity.

13. Intellectual Property

1. DAB owns and retains all right, title, and interest in and to the Portal, its content, design, code, trademarks, service marks, logos, trade dress, and all related intellectual property ("DAB IP").
2. You receive a limited, non-exclusive, non-transferable, revocable license to access and use the Portal solely as contemplated by this Agreement. This license terminates upon termination of this Agreement.
3. You may not reproduce, modify, distribute, reverse engineer, or create derivative works of any DAB IP.
4. Marketing materials using DAB branding require DAB's prior written approval and must comply with brand guidelines.

14. Data Privacy

1. Your use of the Portal is subject to DAB's Privacy Policy at www.dailyadventurebox.com/privacy-policy, which is incorporated herein by reference.
2. You consent to the collection, use, and processing of your personal data as described in the Privacy Policy, including: name; email address; account activity; transaction history; digital signatures; Box ownership records; and IP address.
3. DAB uses Supabase (database/authentication), Stripe (payment processing), and GitHub Pages (hosting). Your data may be shared with these processors as necessary.
4. Data requests (access, correction, deletion) may be submitted to support@dailyadventurebox.com, subject to DAB's legal retention obligations.

15. Limitation of Liability

16. Indemnification

You agree to indemnify, defend, and hold harmless DAB, its officers, directors, employees, contractors, agents, affiliates, successors, and assigns (collectively, "DAB Parties") from and against any and all claims, demands, actions, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:

1. Your breach of any term, representation, or warranty in this Agreement;
2. Your marketing activities in connection with Fund Adventure;
3. Your violation of any applicable law, rule, regulation, or third-party right;
4. Any tax liability arising from your participation in Fund Adventure;
5. Any misrepresentation you make to any third party regarding DAB, Fund Adventure, or the nature of Box operating rights; or
6. Any claim by a third party arising from your acts or omissions as an independent contractor of DAB.

DAB shall provide you with prompt written notice of any claim subject to indemnification and shall permit you to control the defense, provided that DAB may participate at its own expense and that you may not settle any claim without DAB's prior written consent.

17. Dispute Resolution & Binding Arbitration

1. Informal Resolution. Before initiating formal proceedings, you agree to first contact DAB at support@dailyadventurebox.com and attempt to resolve the dispute informally for at least thirty (30) days.
2. Binding Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, or the breach, termination, or validity thereof, that cannot be resolved informally, shall be resolved by final and binding arbitration conducted in accordance with the Federal Arbitration Act (9 U.S.C. §1 et seq.) and administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. Arbitration shall take place in Johnston County, North Carolina, before a single neutral arbitrator selected in accordance with AAA procedures. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.
3. CLASS ACTION WAIVER. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
4. JURY TRIAL WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ALL RIGHTS TO A JURY TRIAL FOR ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT.
5. Small Claims Exception. Either party may bring an individual action in small claims court for disputes within that court's jurisdictional limits.
6. Injunctive Relief. Nothing herein prevents DAB from seeking injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.
7. Attorneys' Fees. In any action or proceeding to enforce this Agreement, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

18. Governing Law & Nationwide Applicability

1. Choice of Law. This Agreement shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to conflict-of-law principles, except where a mandatory provision of your state of residence cannot be waived by contract (e.g., state-specific non-compete restrictions, consumer protection statutes, or data privacy laws), in which case such mandatory provision applies solely to that specific issue.
2. Venue. To the extent any dispute is not subject to arbitration, exclusive venue shall be the state or federal courts located in Johnston County, North Carolina. You consent to personal jurisdiction in such courts.
3. Nationwide Scope. This Agreement is intended to be enforceable in all fifty (50) U.S. states, the District of Columbia, and U.S. territories. If any provision requires modification to be enforceable in a particular jurisdiction, it shall be automatically modified to the minimum extent necessary.

19. Electronic Signature & Consent

By typing your full legal name and checking the agreement checkbox in the Portal, you consent to electronic signatures pursuant to the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §7001 et seq.) and the Uniform Electronic Transactions Act (UETA) as adopted by the applicable state. You agree that: (a) your typed name constitutes a legally binding signature with the same force and effect as a handwritten signature; (b) electronic records of this Agreement satisfy any requirement that this Agreement be in writing; and (c) you will not contest the validity of this Agreement solely on the basis that it was executed electronically.

20. Insurance

DAB maintains the following insurance coverage:

1. Commercial General Liability ("CGL"): $2,000,000 per occurrence / $5,000,000 general aggregate (Markel Insurance Company, Policy No. M1RPA0000550378300), with MCCS / United States additional-insured endorsements as required by the MCCS Contract.
2. Workers' Compensation: per North Carolina statutory requirements (National Specialty Insurance Company), covering DAB W-2 employees only. DAB does not carry workers' compensation, occupational accident, or short-term-disability coverage for any Operator, contractor, vendor, or third party.
3. Other Coverages. DAB may, in its sole discretion, carry additional coverages (commercial property, inland marine, cyber liability, umbrella, directors-and-officers, employment-practices liability) at limits and from carriers DAB selects. The presence or absence of any such coverage is not a representation, warranty, or undertaking running to Operator and shall not be relied upon.

Scope of DAB Coverage. DAB's insurance covers DAB-owned Equipment, DAB-controlled operations on each Premises, and the patron-rental experience as required by the MCCS Contract. DAB's insurance does not cover: (i) Operator's marketing activities, social-media or endorsement statements, or third-party claims arising from Operator's acts or omissions; (ii) Operator's vehicle, transit, or in-person promotional activities; (iii) Operator's personal injury, property damage, or business interruption; or (iv) any claim that Operator is an employee of DAB. Operator is solely responsible for any insurance Operator elects to carry for Operator's own marketing activities. Equipment replacements within Operator's Box are at DAB's cost, and Operator's Locker continues accruing toward operational thresholds regardless.

21. Termination

1. By You. You may terminate by contacting support@dailyadventurebox.com. Termination does not entitle you to a refund of purchases made outside the 24-hour grace period and does not create any entitlement to a Buyback offer under Section FA-6.
2. By DAB. DAB may terminate for: (i) material breach; (ii) fraudulent or illegal activity; (iii) misrepresentation of Fund Adventure; (iv) violation of confidentiality or non-compete provisions; or (v) as otherwise permitted in Section FA-7. Upon termination for cause, DAB may, in its sole discretion, extend a Buyback offer limited to the original purchase price (less any amounts owed by you), without any multiple or premium; acceptance of such an offer is at your election, and nothing in this subsection creates an obligation on DAB to extend such an offer.
3. Survival. Sections 3, 6, 11, 12, 15, 16, 17, 18, and 19 survive termination.

22. Force Majeure

DAB shall not be liable for delay or failure to perform due to causes beyond reasonable control, including: natural disasters; hurricanes; flooding; extreme weather; pandemics; government, federal-agency, MCCS, Department of Defense, or installation-commander orders; FPCON elevations; military base closures, lockdowns, or access restrictions; suspension, modification, termination, or non-renewal of the MCCS Contract; deployment, exercise, or military operation; supply-chain disruption; cyber-attack; acts of war or terrorism; power outages; or equipment manufacturing delays.

23. Modification

DAB may modify this Agreement by posting revised terms and updating the "Last Updated" date. Material changes require thirty (30) days' advance email notice. Continued use after notice constitutes acceptance. If you disagree, your sole remedy is termination per Section 21(a).

24. Severability

If any provision is held invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be reformed to the minimum extent necessary to be enforceable, or if reformation is not possible, severed. The remaining provisions continue in full force.

25. Entire Agreement & Integration

This Agreement, together with the Privacy Policy and any separately executed Confidentiality Agreement, constitutes the entire agreement between the parties regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, negotiations, discussions, representations, and warranties, whether written or oral. No oral representations, promises, or inducements not contained herein shall be binding upon either party.

26. Assignment

You may not assign, transfer, or delegate any rights or obligations without DAB's prior written consent. DAB may assign this Agreement in connection with a merger, acquisition, reorganization, or sale of all or substantially all assets. Any purported assignment in violation of this Section is void.

27. Notices

All notices shall be in writing. Notices to DAB: Daily Adventure Box, Inc., 2884 North Carolina Highway 210, Smithfield, NC 27577, or support@dailyadventurebox.com. Notices to you: the email address on file. Email notices are effective upon sending. Mailed notices are effective five (5) business days after mailing via USPS first-class mail.

28. Waiver

No failure or delay by either party in exercising any right shall constitute a waiver. No waiver is effective unless in writing signed by the waiving party. A waiver of any term on one occasion shall not be a waiver on any other occasion.

FA-3. Nature of the Box Position; No Security Intended

1. FA-3.1 Definitions. "Box Position" means the contractual revenue-share and asset-reference right purchased by Investor under this Agreement. "Equipment" means the specific recreational items reference-tagged to a Box Position at time of purchase. "Buyback" has the meaning set forth in Section FA-6.
2. FA-3.2 Characterization. The parties characterize the Box Position as a contractual right to share in rental revenue generated by Equipment at a specified Locker, together with a tangible-property interest in the Equipment itself as a chattel, and not as an investment contract, note, security, or franchise. The parties do not intend for the Box Position to constitute a "security" under § 2(a)(1) of the Securities Act of 1933, § 3(a)(10) of the Securities Exchange Act of 1934, or any state blue-sky analog, nor a "franchise" under the FTC Franchise Rule, 16 CFR Part 436, nor any state franchise disclosure statute.
3. FA-3.3 Investor Rights Indicative of Non-Passive Role. Investor acknowledges and affirmatively elects the following rights, the exercise of which distinguishes this arrangement from a passive investment: (i) right to inspect Equipment upon reasonable notice; (ii) right to direct substitution of Equipment within defined categories, subject to operational feasibility; (iii) right to withdraw the Box Position and take physical possession of Equipment in accordance with the withdrawal procedures published by DAB; and (iv) right to approve material changes to Locker location beyond the operational radius defined in the applicable purchase schedule.
4. FA-3.4 Fractional Franchise Positioning. To the extent the FTC Franchise Rule is argued to apply, the parties intend, and the facts support, treatment as a "fractional franchise" under 16 CFR § 436.8(a)(2): Investor has more than two (2) years of experience in the type of business or is otherwise sophisticated (as represented in Section FA-15), and the parties anticipate that revenue from the Box Position will not exceed twenty percent (20%) of Investor's total gross sales in dollar volume for the first year of operation.

FA-6. Buyback Option (Discretionary; Not a Promise)

1. FA-6.1 Discretionary Only. DAB may, at its sole and absolute discretion, offer to repurchase any Box Position at any time. No such offer is guaranteed, promised, scheduled, or owed. The absence of any Buyback offer, in whole or in part, at any time, shall not constitute a breach of this Agreement, a default, a failure of consideration, or a basis for rescission.
2. FA-6.2 Conditions. Any Buyback offer extended by DAB is expressly conditioned upon, and subject to DAB's satisfaction as to: (i) verification of Locker revenue performance against DAB's then-current operational targets; (ii) physical inspection and condition of the Equipment; (iii) DAB's then-current financial capacity, working-capital position, and board approval; (iv) absence of regulatory, legal, or contractual restriction; and (v) Investor's compliance with all obligations under this Agreement.
3. FA-6.3 No Fixed Price. Any Buyback price shall be determined by DAB in its sole discretion at time of offer and is not fixed, formulaic, or reference-indexed. Any reference in marketing materials, prior drafts, or oral communications to a "1.25x," "ROI Pathway," "target multiple," or similar figure is aspirational and illustrative only, is not a representation or warranty, and is superseded by this Section FA-6 and Section FA-18 (No Reliance).
4. FA-6.4 Waiver of Claims. Investor waives any claim, including without limitation claims sounding in contract, promissory estoppel, detrimental reliance, quasi-contract, unjust enrichment, fraud, negligent misrepresentation, or violation of NCGS § 75-1.1, based on any expectation of Buyback or Buyback price.

FA-7. Discretionary Location Termination

1. FA-7.1 Discretionary Termination. DAB may, in its sole discretion and at any time, terminate operations at any Locker or venue for any reason, including without limitation: (i) lease, license, permit, or concession termination by the Premises operator, MCCS, MWR, or any governmental authority; (ii) Equipment damage, loss, theft, or obsolescence; (iii) unprofitability or adverse change in unit economics; (iv) force majeure (as defined in Section XC-8); (v) policy or regulatory change; or (vi) DAB's strategic repositioning, consolidation, or wind-down of a geographic market.
2. FA-7.2 Sole Entitlement on Termination. Upon termination, Investor's sole entitlement shall be (i) the pro-rata share of any undistributed, earned rental revenue attributable to the Box Position through the date of termination, and (ii) DAB's good-faith effort to relocate the Box Position to a comparable Locker, if available, or, at DAB's election, to tender the Equipment to Investor under the withdrawal procedures referenced in Section FA-3.3.
3. FA-7.3 No Consequential Damages. Termination shall not give rise to a claim for lost profits, expectation damages, consequential damages, or any Buyback obligation.

FA-8. Equipment Swap Authority

1. FA-8.1 Authority. DAB may, at any time and without notice to Investor, substitute, replace, retire, relocate, reconfigure, or discard Equipment at any Locker with comparable or alternative gear.
2. FA-8.2 Economic Interest Attaches to the Position, Not the Unit. Investor acknowledges that the Box Position is a revenue-share and reference-right position, and that the specific physical Equipment tagged to it at time of purchase may change during the term. Investor's economic interest attaches to the Box Position and the revenue stream, not to any specific physical unit, except upon withdrawal under Section FA-3.3.

FA-9. UCC Article 2 — AS-IS Sale

1. FA-9.1 AS-IS, WHERE-IS. To the extent any portion of the Box Position constitutes a sale of "goods" under NC UCC Article 2, NCGS § 25-2-101 et seq., such sale is AS-IS, WHERE-IS, WITH ALL FAULTS.
2. FA-9.2 Warranty Disclaimer. DAB expressly disclaims all implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, under NCGS § 25-2-314 and § 25-2-315. No affirmation of fact, sample, or model shall create an express warranty except as explicitly set forth in this Agreement.

FA-14. SCRA Carve-Out for Active-Duty Investors

1. FA-14.1 SCRA Rights Preserved. Any Investor who is an active-duty servicemember (including Reserve and National Guard on federal orders) at execution, or who enters active duty during the term, is protected by the Servicemembers Civil Relief Act, 50 U.S.C. § 3901 et seq. ("SCRA"). No waiver, arbitration clause, or forum-selection provision herein waives any non-waivable SCRA right. Interest on any amount owed by such Investor shall be capped at six percent (6%) per annum in accordance with 50 U.S.C. § 3937 where applicable.

FA-15. Investor Representations; Accredited / Sophisticated Status

1. FA-15.1 Investor Representations. Investor represents and warrants that: (i) Investor has received, read, and understood all offering materials, risk disclosures, and this Agreement; (ii) Investor has consulted with independent legal, tax, and financial advisors, or has knowingly waived the right to do so; (iii) Investor can bear the risk of total loss of the amount invested; (iv) Investor's accredited-investor status under 17 CFR § 230.501(a) shall be affirmed or declined by Investor at the time of purchase through the Portal; and (v) Investor is purchasing for Investor's own account and not with a view to distribution.

FA-16. Promotion by Investor; FTC Endorsement Guides

1. FA-16.1 Endorsement Disclosure. If Investor publishes statements about DAB, the Box Position, or the Fund Adventure program on social media, a website, podcast, or other public medium, Investor shall comply with the FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising, 16 CFR Part 255, including clear and conspicuous disclosure of Investor's material connection to DAB (e.g., "#ad," "#partner," or equivalent plain-language disclosure).
2. FA-16.2 No Unauthorized Projections; Indemnity. Investor shall not make any performance projection, ROI claim, or forward-looking statement about DAB that is not expressly set forth in DAB's written marketing materials current as of the date of the statement. Investor indemnifies DAB for any claim arising from Investor's non-compliant promotional statements.

FA-18. No Reliance; Integration

1. FA-18.1 No Reliance. Investor has not relied, and shall not rely, on any representation, projection, forecast, pitch deck, slide, social-media post, oral statement, or prior draft not expressly embodied in this Agreement. All projections (including, without limitation, 1.25x ROI references, franchise earnings claims, payback period estimates, and location count targets) are forward-looking and speculative, are subject to substantial risk and uncertainty, and are expressly disclaimed.
2. FA-18.2 Integration. This Agreement, together with its Schedules and the incorporated DAB Privacy Policy and Confidentiality Agreement, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior agreements, understandings, representations, and warranties, written or oral.
3. FA-18.3 Material Inducement Acknowledgment. Investor acknowledges that the "No Reliance" and integration provisions are a material inducement to DAB's entry into this Agreement and a critical defense against claims sounding in fraud, misrepresentation, or securities liability.

Legal — Cross-Cutting Provisions

The following cross-cutting provisions apply to this Agreement and, where applicable, to the Privacy Policy, Confidentiality Agreement, any subscription documents, side letters, and other DAB investor- or operator-facing documents incorporated by reference. Where an earlier numbered section of this Agreement addresses the same subject matter, this Legal section supplements rather than supplants such section, unless the context requires otherwise.

XC-1. Severability; Reformation; Blue-Pencil

If any provision of this Agreement is held invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it enforceable, and, if such modification is not possible, severed from this Agreement, with all remaining provisions continuing in full force and effect. The parties expressly authorize the tribunal to "blue-pencil" any restrictive covenant, limitation of liability, waiver, or release to the maximum scope permissible under controlling law.

XC-2. Choice of Law; Forum Selection; Venue

This Agreement is governed by the laws of the State of North Carolina, without regard to conflict-of-laws principles, and, where applicable, federal law. Except as provided in Section XC-3 (Arbitration) and any injunctive-relief carve-out in the Confidentiality Agreement, the exclusive venue for any action shall be: (a) for claims of Ten Thousand Dollars ($10,000) or less, the Small Claims Division of the Onslow County District Court, North Carolina; and (b) for all other claims, the Superior or District Courts of Onslow County, North Carolina, or the U.S. District Court for the Eastern District of North Carolina. The parties consent to personal jurisdiction in such courts and waive any objection based on inconvenient forum.

XC-3. Mandatory Arbitration; Class-Action Waiver; Jury-Trial Waiver

1. XC-3.1 Arbitration. Except for (i) claims within the Small Claims jurisdiction of Onslow County, (ii) DAB's claims for injunctive relief to protect Confidential Information or intellectual property, and (iii) non-waivable statutory claims, any dispute shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Jacksonville, North Carolina, before a single arbitrator. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.
2. XC-3.2 Class, Collective, and Representative Waiver. The parties waive any right to assert claims on a class, collective, consolidated, mass, or representative basis. The arbitrator shall have no authority to hear or adjudicate class, collective, or representative claims.
3. XC-3.3 Jury-Trial Waiver. To the fullest extent permitted by law, the parties waive any right to trial by jury.
4. XC-3.4 SCRA / Non-Waivable Rights. This Section XC-3 does not waive any non-waivable right under the Servicemembers Civil Relief Act, the Military Lending Act, 10 U.S.C. § 987, or other non-waivable federal or state law.

XC-4. Contractual Limitations Period

Any claim arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues, or shall be forever barred, except where a shorter or longer period is mandated by non-waivable law.

XC-5. Liquidated Damages Cap

XC-6. No Reliance (Investor-Facing)

The substantive "No Reliance" and integration provisions of Section FA-18 are incorporated by reference into any other investor-facing document (including marketing materials, subscription documents, and side letters) and govern notwithstanding any inconsistent statement elsewhere.

XC-7. Electronic Signatures and Records

The parties consent to the use of electronic signatures and records pursuant to the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., and the NC Uniform Electronic Transactions Act, NCGS § 66-311 et seq. Electronic assent via click-through, tap-to-accept, or digital-signature platform constitutes a signed writing for all purposes.

XC-8. Force Majeure

Neither party shall be liable for delay or failure in performance (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government order, labor dispute, infrastructure failure, cyber-attack, supply-chain disruption, or closure or restriction of any military installation or venue by order of its operator or commander.

Daily Adventure Box®, Inc.
2884 North Carolina Highway 210, Smithfield, NC 27577
support@dailyadventurebox.com • www.dailyadventurebox.com

Privacy Policy  •  General Terms  •  Federal Terms

Insured by Markel Insurance Company (CGL) & National Specialty Insurance Company (WC)
PATENT PENDING • © 2026 Daily Adventure Box®, Inc. All rights reserved. • DAB-FA-TOS-2026-01 • Version 2.1 • Effective April 24, 2026 • Last updated May 1, 2026