Public.com Terms of Service

Last Updated: March 1, 2024

Welcome, and thank you for your interest in Public Holdings Inc. (“Public.com,” “we,” “our,” or

“us”) and our website at www.mtcbigbook.com, our mobile application, and our Services

(defined below). This Terms of Service is a legally binding contract between you and

Public.com regarding your use of the Services.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE

ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND

UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU

AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING

PUBLIC.COM’S PRIVACY POLICY (TOGETHER, THESE “TERMS”). IF YOU ARE NOT

ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR

PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND

PUBLIC.COM’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN

AGREEMENT BY PUBLIC.COM AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. WITH THE EXCEPTION OF DISPUTES ARISING FROM THE

BROKERAGE SERVICE (WHICH ARE RESOLVED IN ACCORDANCE WITH THE PUBLIC

BROKERAGE AGREEMENT) AND CERTAIN OTHER KINDS OF DISPUTES DESCRIBED

IN SECTION 18, YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL

BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE

TERMS, YOU AND PUBLIC.COM ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY

OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND

YOUR RIGHTS UNDER THIS CONTRACT (EXCEPT FOR MATTERS THAT MAY BE

TAKEN TO SMALL CLAIMS COURT). YOUR RIGHTS WILL BE DETERMINED BY A

NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. (SEE SECTION 18.)

LEGAL DISCLAIMER. YOU ACKNOWLEDGE AND AGREE THAT: (1) THE CONTENT

PRESENTED ON THE SERVICES ARE NOT INTENDED TO PROVIDE YOU OR ANYONE

ELSE WITH INVESTMENT, LEGAL, TAX, INSURANCE OR ANY OTHER KIND OF

PROFESSIONAL ADVICE; AND (2) PUBLIC.COM IS NOT RESPONSIBLE FOR AND

DISCLAIMS ANY AND ALL LIABILITIES FOR ACTIONS TAKEN BY YOU BASED ON

CONTENT PRESENTED ON THE SERVICES.

ADDITIONAL TERMS. Your use of the Services are subject to all additional terms and

conditions, policies, rules, or guidelines applicable to the Services or certain features of the

Services together with any that we may post on or link to from the Services including the

disclosures made available here: https://public.com/disclosures (collectively the “Additional

Terms”). All Additional Terms are incorporated by this reference into, and made a part of,

these Terms. For the avoidance of doubt, if you are using the Brokerage Service, you are

subject to these Terms and Additional Terms including the Open to the Public Investing, Inc.

Brokerage Agreement (“Public Brokerage Agreement”) available here:

https://public.com/disclosures. To the extent that any Additional Terms conflict with these

Terms, the terms contained in the Additional Terms will control.

Public.com Services Overview. Public.com is a social investing app. It lets you follow

other users on the app, see what they are investing in and allows you to place your

own investments in the US stock market. The “Public Service” includes our website

at www.public.com, general news and information, commentary, educational material

and information and data concerning the financial markets, securities and other

subjects, market data such as quotations for securities transactions and/or last sale

information for completed securities transactions reported in accordance with federal

securities regulations, along with our related websites, networks, applications, mobile

applications, and other social media services. The Public Service does not, however,

include our online and mobile application-based discount stock brokerage services

(the “Brokerage Service”). Together the Public Service and Brokerage Service are

referred to as the “Services”

Eligibility. You must be at least 18 years old to use the Services. By agreeing to these

Terms, you represent and warrant to us that: (a) you are at least 18 years old; (b) you

have not previously been suspended or removed from the Services; and (c) your

registration and your use of the Services is in compliance with any and all applicable

laws and regulations. You may not authorize another user to use the Services on

your behalf.

Accounts and Registration. To access most features of the Services, you must

provide us with some information about yourself, such as your name, email address,

phone number, or other contact information. You agree that the information you

provide to us is accurate and that you will keep it accurate and up-to-date at all times.

When you register, you will be asked to provide a password. You are solely

responsible for maintaining the confidentiality of your account and password, and you

accept responsibility for all activities that occur under your account. If you believe that

your account is no longer secure, then you must immediately notify us at

hello@public.com. For details about your brokerage account, see the Public

Brokerage Agreement.

General Payment Terms. Certain features of the Services may require you to pay

fees. Before you pay any fees, you will have an opportunity to review and accept the

fees that you will be charged. All fees are in U.S. Dollars and are non-refundable.

The fees set forth in this Section 4 are independent from all brokerage fees and

charges described in the Public Brokerage Agreement.

Price. Public.com reserves the right to determine pricing for the Services.

Public.com will make reasonable efforts to keep pricing information published

on the website up to date. We encourage you to check our website

periodically for current pricing information. Public.com may change the fees

for any feature of the Services, including additional fees or charges, if

Public.com gives you advance notice of changes before they apply.

Public.com, at its sole discretion, may make promotional offers with different

features and different pricing to any of Public.com’s customers. These

promotional offers, unless made to you, will not apply to your offer or these

Terms.

Authorization. You authorize Public.com and its third party payment

processors to charge all sums for the orders that you make and any level of

Services you select as described in these Terms or published by Public.com,

including all applicable taxes, to the payment method specified in your

account. If you pay any fees with a credit card, Public.com or its third party

payment processors may seek pre-authorization of your credit card account

prior to your purchase to verify that the credit card is valid and has the

necessary funds or credit available to cover your purchase.

Delinquent Accounts. Public.com may suspend or terminate access to the

Services, including fee-based portions of the Services, for any account for

which any amount is due but unpaid. In addition to the amount due for the

Services, a delinquent account will be charged with fees or charges that are

incidental to any chargeback or collection of any the unpaid amount, including

collection fees.

Licenses

Limited License. Subject to your complete and ongoing compliance with these

Terms, Public.com grants you, solely for your personal, non-commercial use,

a limited, non-exclusive, non-transferable, non-sublicensable, revocable

license to: (a) install and use one object code copy of any mobile application

associated with the Services obtained from a legitimate marketplace (whether

installed by you or pre-installed on your mobile device by the device

manufacturer) on a mobile device that you own or control; and (b) access and

use of the Services.

License Restrictions. Except and solely to the extent such a restriction is

impermissible under applicable law, you may not: (a) reproduce, distribute,

publicly display, or publicly perform the Services; (b) make modifications to

the Services; or (c) interfere with or circumvent any feature of the Services,

including any security or access control mechanism. If you are prohibited

under applicable law from using the Services, you may not use it.

Feedback. We welcome your feedback, comments and suggestions. If you

choose to contribute by sending Public.com or our employees any ideas for

products, services, features, modifications, enhancements, content,

refinements, technologies, content offerings, promotions, strategies or

product/feature names or any related documentation, artwork, computer

code, diagrams or other materials (collectively “Feedback”), then regardless

of what your accompanying communication may say, you hereby grant

Public.com an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid,

royalty-free right to exploit the Feedback in any manner and for any purpose,

including to improve the Services and create other products and services.

Feedback is provided on a non-confidential basis, and Public.com is not

under any obligation to keep any Feedback you send confidential or to refrain

from using or disclosing it in any way. Public.com has no obligation to review,

consider or implement your Feedback, or to return to you all or part of any

Feedback for any reason.

Ownership; Proprietary Rights. The Services are owned and operated by Public.com.

The visual interfaces, graphics, design, compilation, information, data, computer

code (including source code or object code), products, software, services, and all

other elements of the Services (“Materials”) provided by Public.com are protected by

intellectual property and other laws. All Materials included in the Services are the

property of Public.com or its third party licensors. Except as expressly authorized by

Public.com, you may not make use of the Materials. Public.com reserves all rights to

the Materials not granted expressly in these Terms.

Third Party Terms

Third Party Services and Linked Websites. Certain content is furnished by

third parties (each, a “Third-Party Provider” and collectively, the “Third-Party

Providers”). Such content (“Third Party Content”) includes, without limitation,

any information, content, service or software made available by or through

social media websites, blogs, wikis, online conferences, telecasts, podcasts,

and other forums (collectively, the “Forums”). Third Party Content may be

available through framed areas or through hyperlinks to the Third-Party

Providers’ websites. Third-Party Content is not advice created or provided by

Public.com and does not constitute a recommendation to buy, sell, or hold

any security or securities. All communications made at or through the Forums

are public. Neither Public.com nor the Third-Party Providers screen, review,

approve or endorse any Third Party Content available on or through the

Forums. Third Party Providers are not supervised or monitored by Public.com

or any affiliate of Public.com. Public does not monitor, supervise or endorse

any Third Party Content or any posts in the Forums, and users of Third Party

Content are not supervised persons of Public.com or any affiliate, including

without limitation Open to the Public Investing, Inc. No affiliate of Public.com

is responsible or will be liable for any Third Party Content. Reliance on any

Third Party Content available on or through the Forums is at your own risk.

Public.com may provide tools through the Services that enable you to export

information, including User Content, to third party services, including through

features that allow you to link your account on Public.com with an account on

the third party service, such as Twitter or Facebook, or through our

implementation of third party buttons (such as “like” or “share” buttons). By

using one of these tools, you agree that Public.com may transfer that

information to the applicable third party service. Third party services are not

under Public.com’s control, and, to the fullest extent permitted by law,

Public.com is not responsible for any third party service’s use of your

exported information. The Services may also contain links to third party

websites. Linked websites are not under Public.com’s control, and Public.com

is not responsible for their content.

Third Party Software. The Services may include or incorporate third party

software components that are generally available free of charge under

licenses granting recipients broad rights to copy, modify, and distribute those

components (“Third Party Components”). Although the Services are provided

to you subject to these Terms, nothing in these Terms prevents, restricts, or is

intended to prevent or restrict you from obtaining Third Party Components

under the applicable third party licenses or to limit your use of Third Party

Components under those third party licenses.

User Content

User Content Generally. Certain features of the Public Services may permit

users to upload and post content to the Public Service. “User Content” means

any content that you upload, post or transmit to or through the Services

including, without limitation, any text, photographs, audio files, graphics,

videos and any other works subject to protection under the laws of the United

States or any other jurisdiction, including, copyright, trademark, trade secret

and patent laws, and excludes any and all Public.com Materials. Public.com

does not guarantee the accuracy, integrity, appropriateness, availability or

quality of any User Content, and under no circumstances will Public.com be

liable in any way for any User Content. User Content is not advice created or

provided by Public.com and does not constitute a recommendation to buy,

sell, or hold any security or securities. Users creating User Content are not

supervised or monitored by Public.com or any affiliate. Users are not

supervised or monitored by Public.com. Public does not monitor, supervise or

endorse any User Content, and Users are not supervised persons of

Public.com or any affiliate, including without limitation Open to the Public

Investing, Inc. No affiliate of Public.com is responsible or will be liable for any

User Content.

Screening User Content. Public.com offers you and other users the ability to

submit User Content to or transmit through the Services. Public.com does not

pre-screen any User Content, but reserves the right to remove, disallow, block

or delete any User Content in its sole discretion. Public.com reserves the right

to disable the ability to upload and post User Content for specific users at its

sole discretion. Any User Content deemed to be misleading, an attempt to

cause movement in a stock price, or a general falsehood regarding a security

or the markets at large may lead to a restriction, closure or a potential

escalation to enforcement authorities depending on the severity of the case.

In addition, we have the right—but not the obligation—in our sole discretion to

remove, disallow, block or delete any User Content (i) that we consider to

violate these Terms or applicable law or to otherwise constitute Objectionable

Content; or (ii) in response to complaints from third parties, with or without

notice and without any liability to you. Without limiting the preceding

sentences of this Section, Public.com also has the right—but not the

obligation—to take remedial action in connection with any Objectionable

Content posted on the Service as described more fully in Section 8.5 below.

We recommend that you save copies of any User Content that you Post to the

Service on your personal device(s) in the event that you want to ensure that

you have permanent access to copies of such User Content.

Intellectual Property Rights and License. You retain ownership of any rights

you may have in your user content and submitting your User Content to the

Services does not transfer ownership of your rights. You hereby grant

Public.com an unrestricted, assignable, sublicensable, revocable, royalty-free

license throughout the universe to reproduce, distribute, publicly display,

communicate to the public, publicly perform (including by means of digital

audio transmissions and on a through-to-the-audience basis), make available,

create derivative works from, retransmit, and otherwise exploit and use all or

any part of all User Content you post to or through the Services by any means

and through any media and formats now known or hereafter developed, for

any purposes including (i) advertising, marketing and promoting Public.com

and the Services; (ii) displaying and sharing your User Content to other users

of the Services; and (iii) providing the Services as authorized by these Terms.

By posting User Content to or through the Services, you waive any rights to

prior inspection or approval of any marketing or promotional materials related

to such User Content. You also waive any and all rights of privacy, publicity or

any other rights of a similar nature in connection with your User Content, or

any portion thereof. You further grant Public.com a royalty-free license to use

your user name, image and likeness to identify you as the source of any of

your User Content. To the extent any moral rights are not transferable or

assignable, you hereby waive and agree never to assert any and all moral

rights, or to support, maintain or permit any action based on any moral rights

that you may have in or with respect to any User Content you post to or

through the Services.

You Must Have Rights to the Content You Post. You must not post any User

Content on or through the Service or transmit to Public.com any User Content

that you consider to be illegal, confidential or proprietary. Any User Content

posted by you to or through the Services or transmitted to Public.com will be

considered non-confidential and non-proprietary, and treated as such by

Public.com, and may be used by Public.com in accordance with these Terms

without notice to you and without any liability to Public.com. You must not post

any User Content to the Services if you are not the copyright owner of or are

not fully authorized to grant rights in all of the elements of the User Content

you intend to post to the Services. You represent and warrant that: (i) you own

the User Content Posted by you on or through the Services or otherwise have

the right to grant the licenses set forth in these Terms; (ii) the posting and use

of your User Content on or through the Services does not infringe any privacy

rights, publicity rights, copyrights, contract rights, intellectual property rights or

any other rights of any person, or third party including, the rights of any

person visible in any of your User Content; (iii) the posting of your User

Content on the Services will not require us to obtain any further licenses from

or pay any royalties, fees, compensation or other amounts or provide any

attribution to any third parties; and (iv) the posting of your User Content on

the Services does not result in a breach of contract between you and a third

party. You agree to pay all monies owing to any person or company as a

result of posting your User Content on the Services.

Objectionable Content. You are not permitted to and agree not to post any

User Content to the Services that is or could be interpreted by a reasonable

person to be (i) abusive, bullying, defamatory, harassing, harmful, hateful,

inaccurate, infringing, libelous, objectionable, obscene, offensive,

pornographic, shocking, threatening, unlawful, violent, vulgar or in violation of

any applicable laws (including laws related to speech); (ii) bigotry,

discrimination, hatred, intolerance, racism or inciting violence (including

suicide), (iii) in violation of federal or state securities laws (including without

limitation based on activities distributing insider information or providing

content that could be considered attempts to manipulate the market), in each

of clauses (i), (ii) and (iii) of this Section, as Public.com may determine in its

sole and absolute discretion (collectively, “Objectionable Content”). The

posting of any Objectionable Content may subject you to third party claims

and none of the rights granted to you in these Terms may be raised as a

defense against any third party claims arising from your posting of

Objectionable Content. You also agree not to use the Services for illegal or

unlawful purposes, including, without limitation, to stalk any other users or to

encourage any user to harm themselves or any other person. Except as

provided for in Section 10 below, if you encounter any Objectionable Content

on the Public Service, then please immediately email Public.com at

hello@public.com or inform us through the functionality offered on the Public

Service. You acknowledge and agree that Public.com provides you with the

ability to report Objectionable Content as a courtesy, and Public.com has no

obligation to remove or take any other action with respect to any

Objectionable Content on the Public Service that you report to us. However,

Public.com in its sole discretion may take any actions it deems necessary

and/or appropriate against any user who posts Objectionable Content on the

Service, including, warning the user, suspending or terminating the user’s

account, removing all of the user’s User Content posted on the Public Service

and/or reporting the user to law enforcement authorities, either directly or

indirectly.

User Content Representations and Warranties. Public.com disclaims any and

all liability in connection with User Content. For the avoidance of doubt,

Public.com will not be liable for any unauthorized use of User Content by any

user. You are solely responsible for your User Content and the consequences

of providing User Content via the Services. By posting User Content via the

Services, you affirm, represent, and warrant that you will fully comply with

Sections 8 and 9, and these Terms.

Prohibited Conduct. In addition to any other restrictions set forth in these Terms, and

without limiting those restrictions, when using the Services, you agree not to (and not

to attempt to or assist or permit any person to):

use the Services for any illegal purpose or violate any applicable federal,

state, local, national, or international laws or regulations, or these Terms;

violate any rules, regulations or laws of the Financial Industry Regulatory

Authority, Inc., the Securities and Exchange Commission, the Commodities

Futures Trading Commission, any state securities agency, any securities

exchange or association, or any commodities or futures contract market or

association;

violate any terms and conditions of any Additional Terms including the Public

Brokerage Agreement;

violate, or encourage others to violate, any right of a third party, including by

(i) infringing or misappropriating any third party intellectual property right, (ii)

use any trademarks, service marks, design marks, logos, photographs or

other content belonging to Public.com or obtained from the Services, (iii)

make unauthorized copies of any content made available on or through the

Services;

provide any false personal information to Public.com, create a false identity or

impersonate another person or entity in any way or perform any fraudulent

activity including claiming a false affiliation, accessing any other Services

account without permission, or falsifying your age or date of birth;

interfere with security-related features of the Services or any user’s

enjoyment of the Services, including by: (i) use any device, software or

routine to interfere or attempt to interfere with the proper working of the

Services, or any activity conducted on the Services, (ii) disabling or

circumventing features that prevent or limit use or copying of any content, (iii)

attempt to decipher, decompile, disassemble or reverse engineer any of the

software or source code comprising or making up the Services except to the

extent that the activity is expressly permitted by applicable law, (iv) uploading

or otherwise disseminating any virus, adware, spyware, worm, or other

malicious code, (v) disrupting any network, equipment, or server connected to

or used to provide the Services, (vi) disable, overburden, impair, damage or

hijack the operation of any hardware, software or telecommunications

equipment or any other aspect of the Services or communications equipment

and computers connected to the Services, (vii) access, tamper with or use

non-public areas of the Services, Public.com’s (and its hosting company’s)

computer systems and infrastructure or the technical delivery systems of

Public.com’s providers, (viii) create a new account with Public.com, without

Public.com’s express written consent, if Public.com has previously disabled or

suspended an account of yours, or (ix) use the Services, without Public.com’s

express written consent, for any commercial or unauthorized purpose,

including communicating or facilitating any commercial advertisement or

solicitation or spamming, (x) gain unauthorized access to the Services, to

other Users’ accounts, names or personally identifiable information, or to

other computers or websites connected or linked to the Services, (xi) bypass

any approved software through which the Services is made available, (xii)

frame or link to any of the materials or information available on the Services,

or (xiii) interfere with or disrupt the Services, networks or servers connected

to the Services or violate the regulations, policies or procedures of those

networks or servers;

interfere with any user’s enjoyment of the Services by: (i) restrict, discourage

or inhibit any person from using the Services, disclose personal information

about a third person on the Services or obtained from the Services without

the consent of that person, or collect information about or threaten, harass,

demean, embarrass, menace or intimidate users of the Services; (ii) making

any unsolicited offer or advertisement to another user of the Services, (iii)

collecting personal information about another user or third party without

consent, (iv) solicit, or attempt to solicit, personal information from other users

of the Services, (v) use the Services to send communications to persons who

have requested that you not send them communications; or

sell or otherwise transfer the access granted under these Terms or any

Materials (as defined in Section 6) or any right or ability to view, access, or

use any Materials;

Digital Millennium Copyright Act

Respect of Third Party Rights.. Public.com respects the intellectual property

of others and takes the protection of intellectual property very seriously. We

ask you to do the same. Infringing activity will not be tolerated on or through

the Service. In accordance with the Digital Millennium Copyright Act of 1998

(the “Copyright Act”), the text of which may be found on the U.S. Copyright

Office website at http://www.copyright.gov/legislation/dmca.pdf, Public.com

will promptly respond to claims of copyright infringement if such claims are

properly reported to Public.com’s Designated Copyright Agent identified

below.

Repeat Infringer Policy. If Public.com learns of potential copyright

infringement, then Public.com will take whatever action, in its sole discretion,

it deems appropriate, including, for example: (i) removing or disabling access

to material that Public.com believes in good faith or upon notice from an

intellectual property owner or his or her agent, is infringing the intellectual

property of a third party by being made available through the Services; and (ii)

removing any User Content uploaded to the Services by “repeat infringers.”

Public.com considers a “repeat infringer” to be any User that has uploaded

User Content or Feedback to or through the Services and for whom

Public.com has received more than two takedown notices compliant with the

provisions of 17 U.S.C. § 512 with respect to such User Content or Feedback.

Public.com has discretion, however, to terminate the Account of any User

after receipt of a single notification of claimed infringement or upon

Public.com’s own determination.

Procedure for Reporting Claimed Infringement.. If you believe that any

content made available on or through the Services has been used or

exploited in a manner that infringes an intellectual property right you own or

control, then please promptly send a “Notification of Claimed Infringement”

containing the following information to the Designated Agent identified below.

Your Notification of Claimed Infringement may be shared by Public.com with

the User alleged to have infringed a right you own or control, and you hereby

consent to Public.com making such disclosure. Your communication must

include substantially the following:

a. A physical or electronic signature of a person authorized to act on

behalf of the owner of the work(s) that has/have been allegedly

infringed;

b. Identification of works or materials you believe are being infringed, or,

if multiple works are covered by a single notification, then a

representative list of such works;

c. Identification of the specific material that is claimed to be infringing or

to be the subject of infringing activity and that is to be removed or

access to which is to be disabled, and information reasonably

sufficient to permit Public.com to locate the material;

d. Information reasonably sufficient to permit Public.com to contact you,

such as an address, telephone number and, if available, an electronic

mail address, at which you may be contacted;

e. A statement that you have a good faith belief that the use of the

material in the manner complained of is not authorized by the

f. A statement that the information in the notification is accurate, and

under penalty of perjury, that you are authorized to act on behalf of the

owner of an exclusive right that is allegedly infringed. You should

consult with your own lawyer and/or see 17 U.S.C. § 512 to confirm

your obligations to provide a valid notice of claimed infringement. If

you fail to comply with the requirements of 17 U.S.C. § 512 (c)(3),

your notice may not be effective.

Designated Agent Contact Information. Public.com’s designated agent for

receipt of Notifications of Claimed Infringement (the “Designated Agent”) can

be contacted at the below address. Please send a copy of your mailed notice

via email.

Public Holdings Inc.

ATTN: Legal Department (Copyright Notification)

6 Harrison Street, 5th Floor

New York, NY 10013

Email: legal@public.com

Subject line: Copyright Notification

Counter Notification. If you receive a notification from Public.com that material

made available by you on or through the Services has been the subject of a

Notification of Claimed Infringement, then you will have the right to provide

Public.com with what is called a “Counter Notification.” To be effective, a

Counter Notification must be in writing, provided to Public.com’s Designated

Agent through one of the methods identified in Section 10.4 and include

substantially the following information:

a. A physical or electronic signature of the subscriber;

b. Identification of the material that has been removed or to which

access has been disabled and the location at which the material

appeared before it was removed or access to it was disabled;

c. Adequate information by which we can contact you (including your

name, address and telephone number, and email address, if

available);

d. A statement under penalty of perjury that the subscriber has a good

faith belief that the material was removed or disabled as a result of

mistake or misidentification of the material to be removed or disabled;

and

e. A statement that the subscriber consents to the jurisdiction of Federal

District Court for the judicial district in which the address is located, or

if the subscriber’s address is outside of the United States, then for any

judicial district in which Public.com may be found, and that the

subscriber will accept service of process from the person who

provided notification under Section 10.3 above or an agent of such

person. A party submitting a Counter Notification should consult a

lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to

provide a valid counter notification under the Copyright Act.

Reposting of Content Subject to a Counter Notification. If you submit a

Counter Notification to Public.com in response to a Notification of Claimed

Infringement, then Public.com will promptly provide the person who provided

the Notification of Claimed Infringement with a copy of your Counter

Notification and inform that person that Public.com will replace the removed

User Content or Feedback or cease disabling access to it in 10 business

days. Unless Public.com’s Designated Agent receives notice from the party

that submitted the Notification of Claimed Infringement that such person has

filed an action seeking a court order to restrain the User from engaging in

infringing activity relating to the material on Public.com’s Services then

Public.com will replace the removed User Content or Feedback and cease

disabling access to it not less than 10, nor more than 14, business days

following receipt of the valid Counter Notification.

False Notifications of Claimed Infringement or Counter Notifications.

Please be aware that if you knowingly materially misrepresent that material or

activity on the Services was removed or disabled by mistake or

misidentification, then you may be held liable for damages (including costs

and attorneys’ fees) under U.S.C. § 512(f) of the Copyright Act.

17 U.S.C. § 512(f).

Public.com reserves the right to seek damages from any party that submits a

Notification of Claimed Infringement or Counter Notification in violation of the

law.

For clarity, only Notifications of Claimed Infringement and Counter Notices

should be sent to the Designated Agent. Any other feedback, comments,

requests for technical support or other communications should be directed to

support@public.com.

Communications

Push Notifications. When you install our app on your mobile device, you

agree to receive push notifications, which are messages an app sends you on

your mobile device when the app is not on. You can turn off notifications by

visiting your mobile device’s “settings” page.

Email. We may send you emails concerning out products and services, as

well as those of third parties. You may opt out of promotional emails by

following the unsubscribe instructions in the promotional email itself.

Brokerage Account. Any and all electronic communications and

documentation (including tax documentation) regarding investments made

through the Brokerage Service will be made available to you as set forth in

the Public Brokerage Agreement.

Modification of these Terms. We reserve the right to change these Terms on a

going-forward basis at any time upon 7 days’ notice. Please check these Terms

periodically for changes. If a change to these Terms materially modifies your rights or

obligations, we may require that you accept the modified Terms in order to continue

to use the Service. Material modifications are effective upon your acceptance of the

modified Terms. Immaterial modifications are effective upon publication. Except as

expressly permitted in this Section 11, these Terms may be amended only by a

written agreement signed by authorized representatives of the parties to these

Terms. Disputes arising under these Terms will be resolved in accordance with the

version of these Terms that was in effect at the time the dispute arose.

Term, Termination and Modification of the Service

Term. These Terms are effective beginning when you accept the Terms or first

download, install, access, or use the Service, and ending when terminated as

described in Section 13.2.

Termination. If you violate any provision of these Terms, your authorization to

access the Services and these Terms automatically terminate. In addition,

Public.com may, at its sole discretion, terminate these Terms or your account

on the Service, or suspend or terminate your access to the Service, at any

time for any reason or no reason, with or without notice. You may terminate

your account and these Terms at any time by contacting customer service at

hello@public.com.

Effect of Termination. Upon termination of these Terms: (a) your license rights

will terminate and you must immediately cease all use of the Service; (b) you

will no longer be authorized to access your account or the Service; (c) you

must pay Public.com any unpaid amount that was due prior to termination;

and (d) all payment obligations accrued prior to termination. Sections 5.3, 6,

8.3, 13.3, and 14 through 20 will survive expiration or termination of these

Terms.

Modification of the Service. Public.com reserves the right to modify or

discontinue the Services at any time (including by limiting or discontinuing

certain features of the Service), temporarily or permanently, without notice to

you. Public.com will have no liability for any change to the Services or any

suspension or termination of your access to or use of the Services.

Indemnity. In addition to your indemnification obligations under the Public Brokerage

Agreement, to the fullest extent permitted by law, you are responsible for your use of

the Service, and you will defend and indemnify Public.com and its officers, directors,

employees, consultants, affiliates, subsidiaries and agents (together, the “Public.com

Entities”) from and against every claim brought by a third party, and any related

liability, damage, loss, and expense, including reasonable attorneys’ fees and costs,

arising out of or connected with: (a) your unauthorized use of, or misuse of, the

Service; (b) your violation of any portion of these Terms, any representation,

warranty, or agreement referenced in these Terms, or any applicable law or

regulation; (c) your violation of any third party right, including any intellectual property

right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or

issue between you and any third party. We reserve the right, at our own expense, to

assume the exclusive defense and control of any matter otherwise subject to

indemnification by you (without limiting your indemnification obligations with respect

to that matter), and in that case, you agree to cooperate with our defense of those

claims.

Disclaimers of WarrantiesWITHOUT LIMITING ANY DISCLAIMER OF

WARRANTIES MADE BY US IN ANY ADDITIONAL TERMS, THE SERVICES AND

ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICES ARE

PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PUBLIC.COM

DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED, RELATING TO THE SERVICES AND ALL MATERIALS AND CONTENT

AVAILABLE THROUGH THE SERVICES, INCLUDING: (A) ANY IMPLIED

WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,

TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY

ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PUBLIC.COM

DOES NOT WARRANT THAT THE SERVICES OR ANY PORTION OF THE

SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE

SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS,

VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PUBLIC.COM DOES NOT

WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.NO ADVICE

OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM

THE SERVICES OR PUBLIC.COM ENTITIES OR ANY MATERIALS OR CONTENT

AVAILABLE THROUGH THE SERVICES WILL CREATE ANY WARRANTY

REGARDING ANY OF THE PUBLIC.COM ENTITIES OR THE SERVICES THAT IS

NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR

ANY DAMAGE THAT MAY RESULT FROM THE SERVICES AND YOUR DEALING

WITH ANY OTHER SERVICES USER. YOU UNDERSTAND AND AGREE THAT

YOU USE ANY PORTION OF THE SERVICES AT YOUR OWN DISCRETION AND

RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR

PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE

USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA,

INCLUDING USER CONTENT.THE LIMITATIONS, EXCLUSIONS AND

DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED

BY LAW. PUBLIC.COM DOES NOT DISCLAIM ANY WARRANTY OR OTHER

RIGHT THAT PUBLIC.COM IS PROHIBITED FROM DISCLAIMING UNDER

APPLICABLE LAW.

Legal DisclaimerINVESTMENTS IN SECURITIES ARE NOT INSURED OR

GUARANTEED BY THE FEDERAL DEPOSIT INSURANCE CORPORATION (FDIC)

OR ANY OTHER GOVERNMENTAL AGENCY. PUBLIC.COM PROVIDES

SELF-DIRECTED INVESTORS WITH A DISCOUNT BROKERAGE SERVICE, AND

DOES NOT MAKE RECOMMENDATIONS OR OFFER INVESTMENT ADVICE OF

ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE MERITS

AND RISKS ASSOCIATED WITH THE USE OF ANY INFORMATION, MATERIALS,

CONTENT, USER CONTENT, OR THIRD PARTY CONTENT (COLLECTIVELY

“CONTENT”) PROVIDED THROUGH THE SERVICES BEFORE MAKING ANY

DECISIONS BASED ON SUCH CONTENT.AS A USER OF THE SERVICES, YOU

ALONE ARE RESPONSIBLE FOR DETERMINING WHETHER ANY CONTENT,

PRODUCT, SERVICE, SECURITY, OR OTHER FINANCIAL INSTRUMENT

MENTIONED ON THE PUBLIC SERVICE IS SUITABLE FOR YOUR PERSONAL

FINANCIAL PURPOSES. PAST PERFORMANCE DATA SHOULD NOT BE

CONSTRUED AS INDICATIVE OF FUTURE RESULTS. YOU SHOULD CONSIDER

YOUR INDUVIAL INVESTMENT OBJECTIVES AND RISK TOLERANCE BEFORE

INVESTING. THE CONTENT PRESENTED ON THE PUBLIC SERVICE IS NOT

INTENDED TO PROVIDE YOU OR ANYONE ELSE WITH INVESTMENT, LEGAL,

TAX, INSURANCE OR ANY OTHER KIND OF PROFESSIONAL ADVICE. YOU

SHOULD CONSULT WITH A FINANCIAL, TAX OR LEGAL PROFESSIONAL FOR

ADVICE REGARDING YOUR SPECIFIC FINANCIAL, TAX OR LEGAL POSITIONS

AND CIRCUMSTANCES.TO THE FULLEST EXTENT PERMITTED BY LAW,

NEITHER PUBLIC.COM NOR THE THIRD PARTY PROVIDERS MAKE ANY

REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES AS TO (1) THE

ACCURACY OR TIMELINESS OF ANY PRICE QUOTES; (2) THE ACCURACY,

TIMELINESS, COMPLETENESS OR USEFULNESS OF ANY CONTENT MADE

AVAILABLE ON THE SERVICES; OR (3) THE PRESENT OR FUTURE VALUE OR

SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY

PARTICULAR SECURITY OR ANY OTHER INVESTMENT. ANY AND ALL

CONTENT PROVIDED TO YOU IS EXCLUSIVELY FOR INFORMATIONAL,

PERSONAL AND NONCOMMERCIAL ACCESS AND USE. YOU AGREE THAT

ANY RELIANCE BY YOU ON ANY PRICE QUOTES, CONTENT OR USE OF THE

SERVICES IS AT YOUR OWN RISK. PRICE QUOTES MAY BE DELAYED 20

MINUTES OR LONGER, ACCORDING TO THE RULES AND REGULATIONS

APPLICABLE TO EXCHANGES AND THIRD PARTY PROVIDERS.PUBLIC.COM

ALLOWS ITS USERS TO HAVE OTHER USERS ‘FOLLOW’ THEIR TRADE

ACTIVITY. YOU AND OTHER USERS HAVE THE OPTION TO ALLOW YOUR

TRANSACTIONS TO BE SEEN ON THE PUBLIC SERVICE BY OTHER USERS

WHO HAVE FOLLOWED YOU. PUBLIC.COM DOES NOT RECOMMEND OR

ENDORSE THESE SHARED TRANSACTIONS. YOU AND OTHER USERS ARE

FREE TO DISCLOSE OR NOT DISCLOSE TO YOUR FOLLOWERS YOUR

TRADING INFORMATION AND DO SO AT YOUR OWN DISCRETION AND RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, PUBLIC.COM IS NOT

RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITIES FOR

REFERENCES TO OR INCLUSION OF SECURITIES WITHIN CONTENT.

CONTENT MADE IN ASSOCIATION WITH ANY TRADE OR SECURITY DOES NOT

REPRESENT A SOLICITATION OR RECOMMENDATION BY PUBLIC.COM TO

BUY OR SELL ANY SECURITY.

YOU REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND

THE DISCLAIMERS PROVIDED IN THIS SECTION 16. FURTHERMORE, YOU

REPRESENT AND WARRANT THAT YOU WILL NOT DISCLOSE, BUY OR SELL

ANY SECURITY, IN BREACH OF A FIDUCIARY DUTY OR OTHER RELATIONSHIP

OF TRUST AND CONFIDENCE, WHILE IN POSSESSION OF MATERIAL,

NONPUBLIC INFORMATION ABOUT THE SECURITY. YOU ASSUME ALL RISKS

IN TRADES DONE VIA THE BROKERAGE SERVICE.

Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO

EVENT WILL THE PUBLIC.COM ENTITIES BE LIABLE TO YOU FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES

(INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER

INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR

USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE PUBLIC SERVICE OR

ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON

WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY

OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PUBLIC.COM ENTITY

HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.EXCEPT AS

PROVIDED IN SECTION 18.5 AND TO THE FULLEST EXTENT PERMITTED BY

LAW, THE AGGREGATE LIABILITY OF THE PUBLIC.COM ENTITIES TO YOU FOR

ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY

INABILITY TO USE ANY PORTION OF THE PUBLIC SERVICE OR OTHERWISE

UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS

LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO

PUBLIC.COM FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS

PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; OR (B)

$100.EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION

OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS

INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES

UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF

THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE

PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS

OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 17 WILL APPLY EVEN

IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

Dispute Resolution and Arbitration

Generally. In the interest of resolving disputes between you and Public.com in

the most expedient and cost effective manner, and except as described in

Section 18.2 and 18.3, you and Public.com agree that every dispute arising in

connection with these Terms will be resolved by binding arbitration.

Notwithstanding the foregoing, this Section 18 is not intended to resolve

disputes arising out of Brokerage Service, such disputes are to be resolved

as set forth in the Public Brokerage Agreement. Arbitration is less formal than

a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or

jury, may allow for more limited discovery than in court, and can be subject to

very limited review by courts. Arbitrators can award the same damages and

relief that a court can award. This agreement to arbitrate disputes includes all

claims arising out of or relating to any aspect of these Terms, whether based

in contract, tort, statute, fraud, misrepresentation, or any other legal theory,

and regardless of whether a claim arises during or after the termination of

these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO

THESE TERMS, YOU AND PUBLIC.COM ARE EACH WAIVING THE RIGHT

TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions. Despite the provisions of Section 18.1, nothing in these Terms

will be deemed to waive, preclude, or otherwise limit the right of either party

to: (a) bring an individual action in small claims court; (b) pursue an

enforcement action through the applicable federal, state, or local agency if

that action is available; (c) seek injunctive relief in a court of law in aid of

arbitration; or (d) to file suit in a court of law to address an intellectual property

infringement claim.

Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may

opt out of the provisions of this Section 18 within 30 days after the date that

you agree to these Terms by sending a letter to Public Holdings Inc.,

Attention: Legal Department – Arbitration Opt-Out, 6 Harrison Street, New

York, NY that specifies: your full legal name, the email address associated

with your account on the Service, and a statement that you wish to opt out of

arbitration (“Opt-Out Notice”). Once Public.com receives your Opt-Out Notice,

this Section 18 will be void and any action arising out of these Terms will be

resolved as set forth in Section 19.2. The remaining provisions of these Terms

will not be affected by your Opt-Out Notice.

Arbitrator. Any arbitration between you and Public.com will be settled under

the Federal Arbitration Act and administered by the American Arbitration

Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA

Rules”) as modified by these Terms. The AAA Rules and filing forms are

available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by

contacting Public.com. The arbitrator has exclusive authority to resolve any

dispute relating to the interpretation, applicability, or enforceability of this

binding arbitration agreement.

Notice of Arbitration; Process. A party who intends to seek arbitration must

first send a written notice of the dispute to the other party by certified U.S.

Mail or by Federal Express (signature required) or, only if that other party has

not provided a current physical address, then by electronic mail (“Notice of

Arbitration”). Public.com’s address for Notice is: Public Holdings Inc., 6

Harrison Street, New York, NY. The Notice of Arbitration must: (a) describe

the nature and basis of the claim or dispute; and (b) set forth the specific relief

sought (“Demand”). The parties will make good faith efforts to resolve the

claim directly, but if the parties do not reach an agreement to do so within 30

days after the Notice of Arbitration is received, you or Public.com may

commence an arbitration proceeding. All arbitration proceedings between the

parties will be confidential unless otherwise agreed by the parties in writing.

During the arbitration, the amount of any settlement offer made by you or

Public.com must not be disclosed to the arbitrator until after the arbitrator

makes a final decision and award, if any. If the arbitrator awards you an

amount higher than the last written settlement amount offered by Public.com

in settlement of the dispute prior to the award, Public.com will pay to you the

higher of: (i) the amount awarded by the arbitrator; or (ii) [$10,000].

Fees. If you commence arbitration in accordance with these Terms,

Public.com will reimburse you for your payment of the filing fee, unless your

claim is for more than $10,000, in which case the payment of any fees will be

decided by the AAA Rules. Any arbitration hearing will take place at a location

to be agreed upon in New York, New York, but if the claim is for $10,000 or

less, you may choose whether the arbitration will be conducted: (a) solely on

the basis of documents submitted to the arbitrator; (b) through a

non-appearance based telephone hearing; or (c) by an in-person hearing as

established by the AAA Rules in the county (or parish) of your billing address.

If the arbitrator finds that either the substance of your claim or the relief

sought in the Demand is frivolous or brought for an improper purpose (as

measured by the standards set forth in Federal Rule of Civil Procedure 11(b)),

then the payment of all fees will be governed by the AAA Rules. In that case,

you agree to reimburse Public.com for all monies previously disbursed by it

that are otherwise your obligation to pay under the AAA Rules. Regardless of

the manner in which the arbitration is conducted, the arbitrator must issue a

reasoned written decision sufficient to explain the essential findings and

conclusions on which the decision and award, if any, are based. The arbitrator

may make rulings and resolve disputes as to the payment and reimbursement

of fees or expenses at any time during the proceeding and upon request from

either party made within 14 days of the arbitrator’s ruling on the merits.

No Class Actions. YOU AND PUBLIC.COM AGREE THAT EACH MAY

BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS

INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER

IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Further, unless both you and Public.com agree otherwise, the arbitrator may

not consolidate more than one person’s claims, and may not otherwise

preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision. If Public.com makes any future

change to this arbitration provision, other than a change to Public.com’s

address for Notice of Arbitration, you may reject the change by sending us

written notice within 30 days of the change to Public.com’s address for Notice

of Arbitration, in which case your account with Public.com will be immediately

terminated and this arbitration provision, as in effect immediately prior to the

changes you rejected will survive.

Enforceability. If Section 18.7 or the entirety of this Section 18 is found to be

unenforceable, or if Public.com receives an Opt-Out Notice from you, then the

entirety of this Section 18.7 will be null and void and, in that case, exclusive

jurisdiction and venue described in Section 19.2 will govern any action arising

out of or related to these Terms.

Miscellaneous

General Terms. These Terms, together with the Privacy Policy and any other

agreements expressly incorporated by reference into these Terms, are the

entire and exclusive understanding and agreement between you and

Public.com regarding your use of the Services. You may not assign or transfer

these Terms or your rights under these Terms, in whole or in part, by

operation of law or otherwise, without our prior written consent. We may

assign these Terms at any time without notice or consent. The failure to

require performance of any provision will not affect our right to require

performance at any other time after that, nor will a waiver by us of any breach

or default of these Terms, or any provision of these Terms, be a waiver of any

subsequent breach or default or a waiver of the provision itself. Use of section

headers in these Terms is for convenience only and will not have any impact

on the interpretation of any provision. Throughout these Terms the use of the

word “including” means “including but not limited to”. If any part of these

Terms is held to be invalid or unenforceable, the unenforceable part will be

given effect to the greatest extent possible, and the remaining parts will

remain in full force and effect.

Governing Law. These Terms are governed by the laws of the State of New

York without regard to conflict of law principles. You and Public.com submit to

the personal and exclusive jurisdiction of the state courts and federal courts

located within New York, New York for resolution of any lawsuit or court

proceeding permitted under these Terms. We operate the Service from our

offices in New York, and we make no representation that Materials included in

the Service are appropriate or available for use in other locations.

https://public.com/privacy-policy) carefully for information relating to our

collection, use, storage, disclosure of your personal information. The

Public.com Privacy Policy is incorporated by this reference into, and made a

part of, these Terms.

Consent to Electronic Communications. By using the Service, you consent to

receiving certain electronic communications from us as further described in

our Privacy Policy. Please read our Privacy Policy to learn more about our

electronic communications practices. You agree that any notices,

agreements, disclosures, or other communications that we send to you

electronically will satisfy any legal communication requirements, including that

those communications be in writing.

No Email Orders. Public.com will not accept any orders placed by email as

the time of order placement cannot be guaranteed. All orders not placed

through the Brokerage Service must be made by phone.

Contact Information. The Services are offered by Public Holdings Inc., located

at 6 Harrison Street, New York, NY. You may contact us by sending

correspondence to that address or by emailing us at hello@public.com.

Notice to California Residents. If you are a California resident, under

California Civil Code Section 1789.3, you may contact the Complaint

Assistance Unit of the Division of Consumer Services of the California

Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite

S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in

order to resolve a complaint regarding the Service or to receive further

information regarding use of the Service.

No Support. We are under no obligation to provide support for the Service. In

instances where we may offer support, the support will be subject to

published policies.

International Use. The Service is intended for visitors located within the

United States. We make no representation that the Service is appropriate or

available for use outside of the United States. Access to the Service from

countries or territories or by individuals where such access is illegal is

prohibited.

Notice Regarding Apple. This Section 19 only applies to the extent you are using our

mobile application on an iOS device. You acknowledge that these Terms are between

you and Public.com only, not with Apple Inc. (“Apple”), and Apple is not responsible

for the Service or the content thereof. Apple has no obligation to furnish any

maintenance and support services with respect to the Service. If the Service fails to

conform to any applicable warranty, you may notify Apple and Apple will refund any

applicable purchase price for the mobile application to you; and, to the maximum

extent permitted by applicable law, Apple has no other warranty obligation with

respect to the Service. Apple is not responsible for addressing any claims by you or

any third party relating to the Service or your possession and/or use of the Service,

including: (a) product liability claims; (b) any claim that the Service fails to conform to

any applicable legal or regulatory requirement; or (c) claims arising under consumer

protection or similar legislation. Apple is not responsible for the investigation,

defense, settlement and discharge of any third party claim that the Service and/or

your possession and use of the Service infringe a third party’s intellectual property

rights. You agree to comply with any applicable third party terms when using the

Service. Apple and Apple’s subsidiaries are third party beneficiaries of these Terms,

and upon your acceptance of these Terms, Apple will have the right (and will be

deemed to have accepted the right) to enforce these Terms against you as a third

party beneficiary of these Terms. You hereby represent and warrant that: (i) you are

not located in a country that is subject to a U.S. Government embargo, or that has

been designated by the U.S. Government as a “terrorist supporting” country; and (ii)

you are not listed on any U.S. Government list of prohibited or restricted parties.