KINETIQ TERMS OF SERVICE

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "Member," or "you") and KINETIQ [INSERT LEGAL ENTITY NAME] ("KINETIQ," "we," "us," or "our") governing your access to and use of the Platform.

By accessing, registering for, or using the Platform, you acknowledge reading these Terms, understand these Terms, accept these Terms, and agree to be legally bound. If you do not agree, you must not use the Platform.

Supplemental terms may apply to specific services.

2. Eligibility

To access or use the Platform, you represent and warrant that:

• you are at least eighteen (18) years old unless expressly authorized otherwise
• you possess legal capacity to enter binding agreements
• you are not prohibited from using the Platform under applicable law
• you will provide accurate and current information
• you will comply with Platform rules and policies
• you are not using the Platform for unlawful purposes

KINETIQ may impose additional eligibility standards based on governance participation requirements, jurisdictional restrictions, operational risk, institutional partner requirements, or legal obligations.

Access may be denied, limited, or revoked at KINETIQ’s discretion consistent with applicable law.

3. Definitions

4. Platform Purpose & Role

KINETIQ is a governance technology platform.

The Platform is designed to support structured governance participation, community coordination, governance accountability, digital decision-making infrastructure, transparency systems, oversight workflows, governance analytics, and community coordination architecture.

KINETIQ’s role is governance infrastructure - not regulated financial services. Platform participation constitutes governance participation, not regulated financial participation unless independently offered by regulated third parties.

5. Regulatory Boundary Disclaimer

KINETIQ is not a bank, a depository institution, a broker-dealer, an investment adviser, a securities issuer, a money transmitter, a payment processor, a custodial institution, a fiduciary financial services provider, or a regulated financial institution.

KINETIQ does not directly accept deposits, custody assets, hold customer funds, move customer funds, transmit money, execute regulated transactions, provide KYC/CIP, perform AML monitoring, conduct OFAC screening, manage investments, recommend securities, provide financial advice, provide tax advice, or provide fiduciary investment services.

Any regulated financial services available in connection with Platform participation are provided exclusively by regulated third parties.

KINETIQ is a financial navigation and education platform. KINETIQ is not a bank, broker-dealer, registered investment adviser, money transmitter, or financial planner.

KINETIQ does not hold, pool, manage, or transmit member funds. KINETIQ does not provide personalized investment advice or recommendations.

Any FBO accounts established through partner instructions are held at independently chartered financial institutions under those institutions' own terms.

Any introductions to licensed third-party investment firms, lenders, insurance carriers, or other financial service providers are informational only. Members make all financial decisions independently.

KINETIQ does not guarantee any financial outcome, return, or result from use of the Platform or engagement with any introduced partner.

6. Third-Party Financial Partner Responsibilities

Independent Financial Partners may provide regulated services such as banking services, custodial services, payment processing, investment management, identity verification, compliance onboarding, and regulated financial account servicing.

KINETIQ does not control KYC/CIP outcomes, AML monitoring, OFAC determinations, account approvals, financial underwriting, transaction approvals, custodial decisions, portfolio management decisions, or regulated compliance actions.

Users interacting with Financial Partners are subject to those providers’ independent terms, privacy policies, and legal obligations. Financial disputes must be directed to the relevant regulated provider.

7. Limited Financial Data Display Disclaimer

Where contractually authorized, the Platform may display limited information supplied by Financial Partners.

Examples may include account status indicators, eligibility signals, read-only summaries, aggregated financial metrics, and partner-supplied participation indicators.

KINETIQ does not independently originate regulated financial records, validate regulated financial balances, calculate investment performance, create regulated account records, or maintain primary regulated books and records. Display of partner-provided information does not create regulated financial responsibility for KINETIQ.

8. Account Registration & Security

Users may be required to create accounts. Users agree to provide accurate information, maintain updated records, protect credentials, avoid unauthorized credential sharing, and notify KINETIQ of suspected compromise.

Users are responsible for activity occurring under their credentials unless prohibited by law.

KINETIQ may require reauthentication, suspend accounts, restrict access, require additional verification, or revoke credentials. Platform identity verification does not constitute regulated financial identity verification.

9. Community Governance Participation

The Platform may provide structured governance participation opportunities, including voting, proposal review, committee service, recusal processes, governance feedback, governance oversight, accountability systems, and governance education.

Participation is subject to eligibility standards, standing requirements, conduct rules, governance integrity requirements, recusal obligations, anti-collusion protections, and DGOS enforcement. Governance participation is a governed privilege - not an unconditional right.

10. DGOS Automated Governance Systems

KINETIQ may rely on DGOS to support governance enforcement. DGOS may support eligibility logic, governance standing, participation controls, recusal enforcement, anomaly detection, anti-collusion monitoring, governance accountability, workflow execution, and integrity controls.

DGOS does not independently perform regulated financial determinations. Material governance enforcement actions may include human oversight where appropriate.

11. Oversight Committees & Governance Authority

KINETIQ may establish oversight structures including governance review committees, ethics bodies, dispute panels, integrity oversight groups, and advisory committees. Such bodies may oversee governance disputes, conduct reviews, recusal enforcement, anti-collusion investigations, accountability reviews, and governance appeals.

KINETIQ reserves authority to define governance structures and hierarchy.

12. Membership Standing, Access Restrictions, Suspension & Termination

KINETIQ may assign governance standing classifications, access levels, eligibility tiers, participation privileges, or integrity designations.

Standing may be affected by governance participation, accountability history, conduct compliance, recusal obligations, governance integrity indicators, policy compliance, risk assessments, Platform misuse, partner-related restrictions, or institutional partner requirements.

KINETIQ may suspend, restrict, limit, revoke, or terminate access where reasonably necessary. Grounds may include policy violations, governance abuse, fraud indicators, anti-collusion concerns, false statements, identity misuse, abuse of Platform systems, unlawful conduct, security concerns, regulatory obligations, or institutional partner requirements.

KINETIQ may act immediately where risk warrants urgent intervention. Consequences may include account suspension, governance disqualification, committee removal, access restrictions, or permanent termination. Where legally required, additional procedural rights may apply.

13. Acceptable Use Policy

Users agree to use the Platform lawfully, ethically, and consistent with governance integrity. Users may not violate law, impersonate others, provide false information, access unauthorized systems, circumvent controls, scrape data, harvest information, abuse APIs, interfere with Platform security, deploy malware, disrupt services, compromise infrastructure, attempt credential theft, or interfere with governance neutrality.

Use inconsistent with Platform integrity is prohibited.

14. Anti-Collusion, Governance Manipulation & Integrity Enforcement

KINETIQ prohibits conduct intended to distort governance outcomes, including coordinated voting manipulation, hidden governance alliances, invitation abuse, proxy manipulation, recusal evasion, governance stacking, synthetic identity participation, bot activity, deceptive influence campaigns, disguised coordinated behavior, and artificial participation inflation.

KINETIQ may investigate suspected manipulation through automated monitoring, DGOS anomaly review, audit analysis, governance review, and oversight committee investigation. KINETIQ may take enforcement action without prior warning where governance integrity is threatened.

15. Fraud, Misrepresentation & False Statements

Users may not provide false identity information, misrepresent eligibility, conceal conflicts of interest, falsify governance qualifications, misstate authority, impersonate organizations, create deceptive participation activity, or misuse institutional affiliations.

Fraudulent or deceptive conduct may result in immediate enforcement action. KINETIQ may cooperate with legal authorities where legally appropriate.

16. Prohibited Financial Conduct

Users may not use the Platform to solicit securities, market investments, conduct unauthorized financial promotions, facilitate fraud, attempt money laundering, misrepresent regulated products, impersonate Financial Partners, create unauthorized fundraising schemes, offer unapproved financial products, or exploit partner integrations.

KINETIQ may interpret prohibited financial misuse broadly where risk exists.

17. No Financial Advice / No Investment Advice

KINETIQ does not provide financial advice, investment advice, securities advice, tax advice, accounting advice, portfolio recommendations, wealth management guidance, or regulated financial planning.

Nothing on the Platform constitutes investment recommendations, financial suitability analysis, financial advisory guidance, securities promotion, or tax strategy advice. Users are solely responsible for consulting appropriately licensed professionals regarding regulated financial matters.

18. No Securities Offering / No Investment Solicitation

KINETIQ is not an investment platform. KINETIQ does not offer securities, sell securities, solicit securities transactions, sponsor pooled investment offerings, market regulated investment products, or facilitate regulated offerings.

Governance participation does not constitute investment participation. Nothing on the Platform shall be interpreted as an offer to buy securities, an offer to sell securities, investment solicitation, capital raising participation, or securities marketing. Where independent regulated offerings exist, they remain solely under regulated third-party responsibility.

19. No Fiduciary Relationship

Use of the Platform does not create fiduciary duties, trustee obligations, advisory duties, investment management obligations, banking obligations, or custodial duties.

Governance participation alone does not create fiduciary obligations between KINETIQ and users.

20. Privacy Policy Incorporation

Use of the Platform is subject to the KINETIQ Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. By using the Platform, users acknowledge review of applicable privacy disclosures. Where conflict exists between these Terms and privacy disclosures, applicable law controls where required.

21. Intellectual Property Ownership

All KINETIQ intellectual property remains exclusively owned by KINETIQ or its licensors. Protected property includes software, DGOS architecture, governance frameworks, algorithms, workflows, APIs, interfaces, analytics systems, trademarks, branding, documentation, design assets, and governance methodologies. No ownership rights are transferred except expressly granted. Unauthorized use is prohibited.

22. Limited License to Use Platform

Subject to compliance with these Terms, KINETIQ grants users a limited, revocable, non-exclusive, non-transferable license to access authorized Platform functionality. Users may not reverse engineer, decompile, scrape systems, reproduce Platform architecture, copy governance methodologies, exploit APIs without authorization, resell access, or create derivative services. KINETIQ may revoke this license at any time consistent with applicable law.

23. User Content, Submissions & Governance Materials

Users may submit content including governance proposals, comments, committee materials, feedback, support submissions, and communications. Users represent they possess rights to submitted content. By submitting content, users grant KINETIQ a license to host, process, store, display, analyze, reproduce, and operationally use such materials for legitimate Platform purposes. Users remain responsible for submitted content. KINETIQ may remove content at its discretion.

24. Security Expectations & User Responsibilities

Users agree to maintain reasonable security practices including safeguarding credentials, using secure devices, protecting account access, reporting suspected compromise, and complying with security requirements. KINETIQ may require reauthentication, credential resets, access restrictions, additional verification, or temporary security holds. Failure to maintain reasonable security may affect liability allocation where permitted by law.

25. Service Availability, Downtime & Operational Interruptions

KINETIQ does not guarantee uninterrupted Platform availability. Interruptions may occur due to scheduled maintenance, emergency maintenance, software updates, cyber incidents, infrastructure failures, cloud outages, vendor failures, telecommunications disruptions, partner service interruptions, regulatory intervention, or force majeure events. KINETIQ may modify, suspend, restrict, or discontinue services at any time, subject to applicable law. No guarantee exists regarding uninterrupted service, continuous feature availability, error-free operation, or preservation of specific features indefinitely.

26. Beta Features, Pilot Programs & Experimental Services

KINETIQ may provide beta, pilot, experimental, or pre-release functionality. Such offerings may contain defects, operate with limited support, change materially, be discontinued without notice, perform unpredictably, or carry elevated operational risk. Beta services are provided “as available” and “as is.” Use occurs at user risk.

27. API Access, Partner Integrations & Connectivity

Where APIs or integrations are available, users may not abuse API access, exceed authorized usage, bypass authentication, interfere with integrations, scrape connected systems, compromise connectivity, or misuse partner integrations. KINETIQ may restrict API access, suspend integrations, modify endpoints, revoke connectivity, or impose technical requirements. Third-party integrations remain subject to independent provider terms.

28. Disclaimers of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” KINETIQ DISCLAIMS ALL WARRANTIES INCLUDING merchantability, fitness for a particular purpose, non-infringement, uninterrupted availability, error-free operation, data accuracy, governance outcome guarantees, partner approval guarantees, financial suitability, and security perfection. KINETIQ DOES NOT GUARANTEE governance outcomes, committee decisions, institutional partner decisions, Financial Partner approvals, investment outcomes, uninterrupted service, or availability of specific features.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, KINETIQ SHALL NOT BE LIABLE FOR indirect damages, incidental damages, consequential damages, punitive damages, exemplary damages, lost profits, lost opportunities, business interruption, governance dissatisfaction, data loss, third-party misconduct, partner decisions, Financial Partner actions, investment firm decisions, or regulatory actions beyond KINETIQ control.

TOTAL LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) amounts paid by the user to KINETIQ during the preceding twelve (12) months or (B) $100 USD. Some jurisdictions may prohibit certain limitations.

30. Indemnification

Users agree to defend, indemnify, and hold harmless KINETIQ, its affiliates, officers, directors, employees, contractors, licensors, advisors, committee participants, and agents from claims arising out of violation of these Terms, misuse of the Platform, unlawful conduct, fraud, governance manipulation, anti-collusion violations, third-party rights violations, submitted content, or security compromise caused by user misconduct. KINETIQ reserves the right to control defense of covered matters.

31. Dispute Resolution & Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DISPUTES BETWEEN USERS AND KINETIQ SHALL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION RATHER THAN COURT LITIGATION.

Covered disputes include contract claims, governance disputes, privacy disputes, suspension disputes, tort claims, statutory claims, and consumer disputes. Excluded matters may include intellectual property enforcement, emergency injunctive relief, and claims legally excluded from arbitration. Recommended arbitration administrator: American Arbitration Association (AAA). Final arbitration procedures, consumer carveouts, fee allocation, and jurisdictional requirements shall be finalized by legal counsel.

BY AGREEING TO THESE TERMS, USERS WAIVE JURY TRIAL RIGHTS FOR ARBITRABLE CLAIMS.

32. Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. USERS WAIVE PARTICIPATION IN class actions, collective proceedings, representative claims, and consolidated claims. NO ARBITRATION SHALL PROCEED ON A CLASS BASIS UNLESS REQUIRED BY LAW.

33. Governing Law

These Terms shall be governed by the laws of: [INSERT STATE] without regard to conflict-of-law principles. Applicable federal law governs where required. Final jurisdiction selection shall be determined by legal counsel.

34. Venue for Non-Arbitrable Claims

For disputes not subject to arbitration, exclusive venue shall lie in competent courts located in: [INSERT COUNTY / STATE], subject to non-waivable legal protections.

35. Force Majeure

KINETIQ shall not be liable for delays or failures caused by events beyond reasonable control, including cyberattacks, cloud outages, telecommunications failures, utility failures, labor disruptions, natural disasters, pandemics, war, terrorism, civil unrest, acts of government, regulatory intervention, or vendor failures.

36. Regulatory Cooperation & Compliance Actions

KINETIQ may take action necessary to comply with law, satisfy legal process, cooperate with regulators, satisfy institutional partner obligations, preserve governance integrity, prevent abuse, or protect Platform security. Actions may include access restrictions, suspensions, service limitations, disclosures required by law, governance interventions, or record preservation. Such action may occur without prior notice where permitted.

37. Export Controls & Sanctions Compliance

Users represent they are not prohibited persons under applicable sanctions or export laws. Users may not use the Platform in violation of sanctions laws, export controls, anti-terror laws, or prohibited jurisdiction restrictions. KINETIQ may restrict access where compliance concerns arise.

38. Account Assignment & Transfer Restrictions

Users may not assign accounts, transfer governance privileges, delegate credentials, or sell Platform access without written authorization. KINETIQ may assign rights in connection with mergers, acquisitions, restructurings, financings, or asset sales.

39. Modifications to Terms

KINETIQ may update these Terms periodically due to legal changes, governance evolution, service expansion, security improvements, regulatory requirements, or operational changes. Material updates may be communicated through website notices, Platform notices, account communications, or revised effective dates. Continued use may constitute acceptance where legally permissible.

40. Severability

If any provision is invalid or unenforceable, remaining provisions remain effective and invalid terms may be modified to the minimum necessary extent. Arbitration provisions may receive special treatment under applicable law.

41. Waiver

Failure to enforce any provision does not constitute waiver. Waivers must be express unless law requires otherwise.

42. Entire Agreement

These Terms, together with incorporated policies and supplemental notices, constitute the complete agreement governing Platform use. This includes the Privacy Policy, governance rules, supplemental product notices, and partner disclosures where applicable. They supersede conflicting prior understandings.

43. Contact Information

Legal notices and Terms-related inquiries shall be directed to KINETIQ, [INSERT LEGAL ENTITY NAME], [INSERT BUSINESS ADDRESS], [INSERT LEGAL EMAIL ADDRESS], [INSERT CONTACT URL]. Governance disputes may be subject to separate governance procedures. Financial disputes involving Financial Partners must be directed to the relevant provider.

Outside Legal Counsel: Foley & Lardner LLP - Clyde Tinnen, Partner, 777 East Wisconsin Avenue, Milwaukee, WI 53202-5306, Phone: 414.297.5026. Disclosure of counsel does not designate such counsel as a registered agent, legal notice recipient, service-of-process agent, or arbitration notice recipient unless expressly agreed in writing.

44. Acknowledgment of Understanding

BY USING THE PLATFORM, USERS ACKNOWLEDGE THAT THEY have read these Terms, understand these Terms, agree to these Terms, understand KINETIQ is not a bank, understand KINETIQ is not an investment platform, accept DGOS governance enforcement, and accept Platform restrictions and rules. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.