Fund Adventure Portal

Terms of Service & Box Operating Rights Agreement

Daily Adventure Box, Inc.

Document ID: DAB-FA-TOS-2026-01 Version: 1.0 Effective: March 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. "Buyback" means DAB's contractual option, exercisable at its discretion, to repurchase operating rights from a box operator upon that Box's Location reaching its cumulative Operating Threshold, at the Buyback Price.
5. "Buyback Multiplier" means the multiplier applied to the original purchase price to calculate the Buyback Price, as defined in your agreement at the time of purchase.
6. "Buyback Price" means the original Box purchase price multiplied by the Buyback Multiplier.
7. "Confidential Information" has the meaning set forth in Section 11.
8. "Location" means the physical site where one or more Boxes are installed and operated by DAB.
9. "Portal" means the Fund Adventure web application at www.dailyadventurebox.com/fund-adventure.
10. "Operating Threshold" means the cumulative operating target for a Location, as defined in your agreement at the time of purchase, that may trigger DAB's Buyback option at DAB's discretion.
11. "Restricted Area" has the meaning set forth in Section 12(a).
12. "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

4. Account Registration

1. 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. You are solely responsible for maintaining the confidentiality of your account credentials. You accept responsibility for all activity occurring under your account.
3. You must notify DAB immediately at support@dailyadventurebox.com if you suspect unauthorized access.
4. DAB reserves the right to suspend or terminate any account at its sole discretion for violation of this Agreement, suspected fraudulent activity, or for any lawful reason.

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. Individual Box prices vary based on the physical infrastructure, electronic components, and gear contained inside. Prices are displayed in the Portal at the time of purchase and are subject to change without notice for future purchases.
3. 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 purchase price plus applicable taxes.
4. Tax. Applicable sales tax is calculated and collected at checkout based on the Location's jurisdiction.
5. 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.
6. 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 box operator, 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. The timeline to Buyback is directly influenced by your marketing efforts. All marketing must comply with DAB's brand guidelines and the compliance rules set forth in the Portal.
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, or swap equipment within any Box or Location to maximize rental revenue and accelerate Buyback timelines;
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 suspend operations at any Location due to weather, safety concerns, regulatory requirements, base closures, or force majeure events; and
6. Make all operational decisions in its sole discretion to optimize Location performance.

9. Buyback

1. Buyback Option. When a Location reaches its cumulative Operating Threshold, DAB may exercise its contractual Buyback option at its discretion and repurchase the operating rights at the Buyback Price. Buyback is not automatic or guaranteed.
2. Buyback Price Calculation. Buyback Price = Original Purchase Price × Buyback Multiplier as defined in your agreement at the time of purchase. The applicable Buyback Multiplier is fixed for that transaction.
3. No Timeline Guarantee. The timeline to Buyback is variable and depends on: Location traffic and foot count; seasonal and weather factors; your marketing efforts; rental pricing; equipment condition; local economic conditions; and other factors beyond DAB's control. DAB makes no guarantee, representation, or warranty regarding the timeline to Buyback.
4. Payment. Upon Buyback, the Buyback Price will be credited to your Portal balance. Withdrawal to your original payment method may be requested by contacting support@dailyadventurebox.com.
5. Reinvestment. After Buyback, you may use your Portal balance to purchase additional Boxes.

10. Premium DAB Partner Status

Premium status is available to members who meet both: (a) total purchases of $10,000.00 or more; AND (b) completion of at least one full Buyback cycle. Benefits 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 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; the Buyback arrangement; 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: $2,000,000 per occurrence / $5,000,000 general aggregate (Markel Insurance Company, Policy No. M1RPA0000550378300).
2. Workers' Compensation: Per North Carolina statutory requirements (National Specialty Insurance Company).

DAB handles all equipment maintenance, replacement, and operational insurance. Equipment replacements within your Box are at DAB's cost, and your Location continues accruing toward the Revenue Threshold 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. Your operating rights continue and boxes continue to accrue toward the Operating Threshold.
2. By DAB. DAB may terminate for: (i) material breach; (ii) fraudulent or illegal activity; (iii) misrepresentation of Fund Adventure; or (iv) violation of confidentiality or non-compete provisions. Upon termination for cause, DAB may exercise early Buyback at the original purchase price, without the Buyback Multiplier.
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 orders; military base closures; supply chain disruptions; 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.

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

Insured by Markel Insurance Company (CGL) & National Specialty Insurance Company (WC)
DAB-FA-TOS-2026-01 • Version 1.0 • Effective March 2026