BalancedTrust Service Terms and Agreement

Last updated July 31, 2025

Terms of Service

The BalancedTrust Service Terms and Agreement ("Terms") are between you ('you") and BalancedTrust, Inc. ("BT") and govern your use of all versions of the BT software and services, including, but not limited to, BT RiskScale (collectively, the "Services"). These Terms are effective and accepted as of the date you or any of your Users initially access or use any of the Services. By accepting these Terms, you acknowledge and agree that you have read, understand, and agree to be bound by these Terms, and you acknowledge that you have read and understand our Privacy Policy. Your acceptance of these Terms confirms that these Services are for your organization's use only.

Definitions

Affiliate

means any Person that, directly or indirectly, controls, is controlled by, or is under common control with another Person.

API

means application program interface.

Applicable Law

means all applicable laws, rules, regulations, opinions, directives, and other binding requirements of, or administered or enforced by, and Governmental Authority.

BT Account

means a Person's account that you create that enables the Person to access and use the Services.

BT Betas

means software, services, or features identified as alpha, beta, preview, early access, or evaluation, or words or phrases with similar meanings.

Control

means, with respect to any Person, or any other Person having either directly or indirectly, the power to direct or cause the direction of the management and policies of such Person, whether through ownership of voting securities, by contract, or otherwise.

BT Data

means any data or information collected, received, or otherwise obtained independent of these Terms.

Data Subject

means an identified or identifiable natural person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his or her physical, physiological, mental, economic, cultural or social identity.

Effective Date

means the date you accept these Terms.

Governmental Authority

means any relevant federal, state, or local governmental, regulatory, administrative, or judicial authority.

Intellectual Property Rights

means any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter in existence, under or relating to any patent, copyright, trademark, trade secret, database protection, rights in content, or other intellectual property rights laws, and all similar or equivalent rights or forms of protection, in any part of the world.

Person

means an individual, or a corporation, partnership, limited liability company, association, trust, unincorporated organization, or other legal entity or organization.

Personal Data

means any data or information about or related to an identified or identifiable individual.

Security Incident

means any actual or potential security breach that results in, or would reasonably be expected to result in, the unauthorized access to or use, disclosure, destruction, loss, control, alteration, acquisition, exfiltration, theft, or retention of any Personal Data, Services Data, or Confidential Information.

Services Data

means any data or information about or related to User, any Customer of User, or any Transaction collected, received, or otherwise obtained by or on behalf you in connection with this Terms of Service.

Use of Service

Licensing

Subject to your compliance with these Terms and paying the applicable fees, BT grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to use the Services only as expressly permitted by and in accordance with these Terms. Except for the limited rights expressly set out in these Terms, BT grants you no other license or right in the Services. Your rights will end when these Terms are terminated, even if there are terms to the contrary set out elsewhere in these Terms or in other documentation entered into between BT and you.

Licensing Restrictions

User will not, and will not allow any third party to: (a) access or use all or any part of the BT Services in a manner that is not expressly permitted under these Terms; (b) remove, deactivate, or otherwise circumvent any license restrictions or mechanisms intended to limit access to or use of all or any part of the Services; (c) create derivative works of all or any part of the Services; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available all or any part of the Services to any third party except as otherwise expressly permitted under these Terms; (e) reverse engineer, disassemble, or decompile all or any part of the Services; or (f) misuse, damage, disrupt, or impair all or any part of the Services or interfere with any other Person's access to or use of the Services.

BT Account

The Services allow a User to create an individual account ("Account"). The information you provide to BT when you create an Account must be accurate, complete, and current. You also have the obligation to keep your Account information accurate, complete, and current at all times. If any of the information you submit to us changes, you must promptly update the same.

BT Account Admin User

The User who will be responsible for the establishment and management of your BT Account is referred to as an Admin User. Once your Admin User has created your BT Account, they can add other Users to Use the Services. The Admin User will be required to provide the name, email address, and any other information required by BT for each User.

An Admin User shall be entitled to designate more than one Admin User. Upon such designation, each new Admin User will be able to do everything that any other Admin User is permitted to do by the Services and these Terms.

BT Account Credentials

You must keep your BT Account Credentials safe and secure and you may not share your Credentials with others. You are responsible for all actions taken through your BT Accounts. You are required to promptly inform BT and modify your BT Account login credentials or those of a permitted User if such login credentials are compromised and/or misused, or likely to be misused by a third party to improperly access the Services through your BT Account. You also agree that your profile information will be accurate.

Purpose

Users may only access and use the Services for business and commercial purposes. Users will not access or use or permit any other Person to access or use the Services for any other purposes.

Integrating the Services

To the extent User is required to perform any steps or functions to integrate the Services with User's applications, websites, and other digital commerce platforms, through which User accesses and uses the Services will be responsible for communicating such requirements to User and User will be responsible for performing such steps and functions to integrate the Services with User's applications, websites, and other digital commerce platforms.

Compliance with Certain Requirements

Users will access and use the Services and will otherwise exercise their rights and perform its obligations in connection with these Terms in accordance with all Applicable Laws and with these Terms Service.

Prohibited and Restricted Use

Without limiting any other provision of these Terms, User will not access or use the Services as follows: (1) in, by, or for any country or Person sanctioned, embargoed, or blocked by any Governmental Authority, including by reason of inclusion on a list maintained by the U.S. Office of Foreign Asset Control ("OFAC"), (2) by or for any Person who is or has been convicted of a criminal offense involving dishonesty, a breach of trust, money laundering, or that is otherwise financial in nature, (3) in any manner that violates, or could reasonably be expected to violate Applicable Law, or (4) in violation of any other restrictions, whether applicable to the Services generally or from time to time.

Information provided by User

User will provide or otherwise make available all information and data about or related to User requested by BT in connection with the Services or these Terms as indicated within the Privacy Policy.

Use of Third Parties

User will not use any third party to exercise User's rights or perform User's obligations in connection with these Terms without obtaining BT's prior written consent. If User is permitted to and does use a third party in connection with these Terms, then User will be responsible and liable for the acts and omissions of such third party as if such acts or omissions were the acts or omissions of User.

Free Services

You may receive access to certain products or product features on a free, fully discounted, and/or trial basis, including products or product features that are offered on a temporary basis, or as BT Betas. Participation in and/or use of Free Services and BT Betas are subject to these Terms and any additional terms specified by BT, such as the applicable scope and term of use.

At any time, BT may terminate or modify your access to and/or use of BT's Free Services or BT Betas or modify Free Services or BT Betas, with or without notice, and with no liability to you. With respect to any such modifications, you must accept those modifications to continue accessing or using the Free Services or BT Betas and, to the extent applicable, your use of the Free Services or BT Betas following such modifications shall constitute your acceptance of any such changes. Your use of any BT Betas following BT's notification to you that you will begin to be charged fees on or after the date upon which BT has indicated such BT Betas shall no longer be free of charge or otherwise provided on an unlimited basis, shall constitute your acceptance of such Fees. BT reserves the right to discontinue any Free Service and/or BT Betas at any time, with or without notice.

Free Services or BT Betas may be inoperable, incomplete, or include errors and bugs or features that BT may never release, and their features and performance information are BT's Confidential Information.

Notwithstanding anything else in these Terms, to the maximum extent permitted by Applicable Law, BT provides no warranty, indemnity, service level agreement, or support for Free Services or BT Betas. BT's security measures and obligations do not encompass BT Betas, except to the extent applicable to the underlying Services, and by using a BT Preview, you do so at your own risk.

Ownership

BT Intellectual Property Rights

The Services are licensed to you and you acknowledge and agree that BT retains all legal right, title and interest in the Services including but not limited to any ideas, concepts, inventions, systems, platforms, interfaces, patents, utility models, designs and any other industrial property rights and all improvements thereto, all registrations, applications, renewals, extensions, continuations, divisions, or reissues now or in the future, trademarks, trade name rights and similar rights, copyrights and other rights associated with works of authorship, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein as well as any tools, features, and functionalities that leverage artificial intelligence technologies and any resulting usage data, characteristic and behavior aggregate data, whether registered or not, and wherever in the world they may exist. As between you and BT, BT reserves all rights in and to the Services that it does not expressly grant you in these Terms.

Your rights under these Terms are non-exclusive. There is no prohibition or restriction on BT to provide the same or similar rights as set out in these Terms to any other Person.

To the extent such restrictions are permitted under Applicable Law, scraping, data mining, extraction, duplication, or copying of any Services, including but not limited to any ideas, concepts, inventions, utility models, systems, platforms, interfaces, designs, trademarks, tools, utilities, user interface, algorithms, logic, formula, scripts, work flows, processes, software, methodologies, databases, know-how, trade secrets and other technology and information including any and all intellectual property rights that exist therein, is strictly prohibited absent explicit authorization and written consent of BT.

Feedback

If any Feedback is provided to BT by the User, then User hereby grants to BT a perpetual, worldwide license to use, disclose, publish, profit from, and otherwise exploit such Feedback, without restriction and without any attribution or compensation to User or any applicable individual, for any purpose.

Publicity Rights

We may identify you as a BT customer on our website and/or in our promotional materials. You may request that we stop doing so by submitting an email to legal@balanced-trust.com.

Data Rights and Restrictions

Ownership of BT Data

BT will own all rights, title, and interest in and to all BT Data and BT will not be subject to any restrictions under these Terms with respect to such BT Data.

Ownership and Use of Services Data

The BT Privacy Policy explains how and for what purposes BT may collect, use, retain, disclose, and safeguard certain data, including Personal Data, in connection with these Services. User acknowledges and agrees that BT may collect, use, retain, and disclose data to the extent not prohibited by Applicable Law or the BT Privacy Policy.

Data Security and Privacy

Data Procedures and Monitoring

Each Party shall maintain written operating standards and security procedures for its data centers, data management, security, handling and protection practices that comply with all Privacy and Information Security Requirements that include technical, physical, and administrative/organizational safeguards designed to:

• Ensure the security and confidentiality of Personal Data;
• Protect against any anticipated threats or hazards to the security and integrity of Personal Data;
• Protect against any actual or suspected unauthorized Processing, loss, or acquisition of any Personal Data; and
• Ensure the proper disposal of Personal Data.

Each Party shall regularly test or otherwise monitor the effectiveness of such operating standards and security procedures. Each Party will comply with all Privacy and Information Security Requirements and all provisions of such Party's written operating standards and security procedures to the extent applicable to the activities contemplated by this Agreement.

Data Privacy

Each Party will comply with all Privacy Laws related to its Personal Data received on behalf of or for the benefit of the other Party or in connection with its activities contemplated by this Agreement. Except as expressly permitted by this Agreement, you shall not share, transfer, disclose or otherwise provide access to any Personal Data to any third party unless BT has authorized you to do so in writing. You agree that it shall comply with the terms of the Agreement, including in particular with respect to any Personal Data contemplated by such agreement.

Information Security Breach

Except to the extent prohibited by Applicable Law, you shall promptly notify BT in the event you learns or have reason to believe that an Information Security Breach has occurred. Upon any such discovery, you will: (i) investigate, remediate, and mitigate the effects of the Information Security Breach, and (ii) provide BT with information to reasonably assure that such Information Security Breach will not recur. Additionally, if and to the extent any Information Security Breach or other unauthorized access, acquisition or disclosure of Personal Data occurs as a result of an act or omission of you or and if BT determines that notices or other remedial measures (including notice, credit monitoring services, fraud insurance and the establishment of a call center to respond to inquiries) are warranted, then the you will, at your cost and expense, undertake such notices and remedial actions upon BT's request.

Fraud Monitoring

The Parties shall cooperate in good faith and provide reasonable assistance in each other's fraud detection and prevention efforts on a reasonable basis. Subject to each Party's confidentiality obligations hereunder and subject to all Applicable Laws (including Privacy Laws), each Party agrees to keep the other Party reasonably informed of the progress of any fraud investigation to the extent it affects the rights, Customers, Personal Data or other information of the other Party.

Disaster Recovery

Each Party shall maintain a disaster recovery plan, which it shall test regularly, as well as systems, equipment, facilities and trained personnel that shall enable it to perform its basic obligations under this Agreement consistent with the disaster recovery plan continuously through a disaster.

Data Requests

Except to the extent prohibited by applicable legal, regulatory or law enforcement requirements, you shall promptly inform BT in writing following the request if any competent authority, regulator or public authority of any jurisdiction requests disclosure of, or information about Personal Data from you. Each Party shall, without limiting its rights under Applicable Law, cooperate as reasonably necessary to comply with any direction or ruling made by such authorities.

Data Sharing

Each Party is authorized to use subcontractors and shall impose on its subcontractors at least the same level of data protection including, but not limited to, the same confidentiality and security obligations as required under this Agreement and shall prohibit its subcontractors to Process Personal Data other than as instructed where such subcontractors constitute data processors for the purposes of applicable data protection law.

Confidentiality

Confidential Information

A Disclosing Party may disclose or otherwise make available information or material to the Receiving Party, and such information and material will be deemed to be "Confidential Information" if, when disclosed or otherwise made available, whether in writing, verbally, or otherwise, (a) it contains proprietary information of the Disclosing Party, including trade secrets, software, object code, source code, file specifications, installation and operating instructions, end-user manuals, end-user agreements, training materials, guides, listings, functional and technical specifications relating to BT, systems, procedures, manuals, confidential reports, business plans, or customer lists; (b) it is designated as confidential by the Disclosing Party; or (c) it should reasonably be understood by the Receiving Party, given the nature of the information or material or the circumstances surrounding its disclosure, to be confidential. As between BT and User, BT Data, and BT Services Data will constitute BT's Confidential Information.

Confidentiality Obligations

You agree that any non-public Beta Preview information we give you, such as information about a private Beta Preview, will be considered Postman's confidential information (collectively, "Confidential Information"), regardless of whether it is marked or identified as such. You agree to only use such Confidential Information for the express purpose of testing and evaluating the Beta Preview (the "Purpose"), and not for any other purpose. You should use the same degree of care as you would with your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of our Confidential Information. You promise not to disclose, publish, or disseminate any Confidential Information to any third party, unless expressly permit such disclosure (for example, you might be part of a Postman-organized group discussion about a private Beta Preview feature).

Exclusions

The obligations under these Terms with respect to Confidential Information, including the restrictions on use and disclosure thereof, will not apply to information or material that (a) is or becomes publicly known through no wrongful act or omission of the Receiving Party, (b) is or becomes rightfully known by the Receiving Party, without restriction on disclosure or use, from a Person other than the Disclosing Party, or (c) is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information, as can be shown by documentary evidence. The Receiving Party will have the burden of establishing that any information does not constitute Confidential Information under these Terms.

Use and Disclosure

Each Receiving Party will hold the Confidential Information it receives in strict confidence and take appropriate precautions to protect such Confidential Information, which precautions will include, at a minimum, such precautions as such Receiving Party employs to protect its own Confidential Information but no less than commercially reasonable precautions. Except as otherwise expressly permitted in these Terms, a Receiving Party will not use or disclose to any third party any Confidential Information of the Disclosing Party. A Receiving Party may use and disclose Confidential Information of a Disclosing Party only to the extent necessary for such Receiving Party to exercise its rights or perform its obligations under these Terms; provided, that, the Receiving Party may not disclose Confidential Information of the Disclosing Party to any Person unless such Person (a) has a "need to know" such Confidential Information for the purposes of the Receiving Party exercising its rights or performing its obligations under these Terms, and (b) is subject to confidentiality obligations that offer at least the same degree of protection as the confidentiality obligations set forth in these Terms.

Disclosure Required by Applicable Law

If any Governmental Authority requires a Receiving Party to disclose Confidential Information of a Disclosing Party, the Receiving Party will: (a) notify the Disclosing Party in writing as soon as practicable after learning of the existence or likely existence of such requirement (unless prohibited by Applicable Law); (b) use all reasonable efforts to limit the scope of such disclosure, disclose only the Confidential Information reasonably required to comply with the requirement, and use reasonable efforts to obtain confidential treatment of or protection by order of any Confidential Information; and (c) permit, subject to Applicable Law, the Disclosing Party to seek a protective order or to otherwise challenge or limit the disclosure of the Confidential Information prior to the disclosure thereof.

Equitable Remedies

Each party acknowledges that breach by it of one or more obligations in this section will cause the other party to suffer immediate and irreparable harm for which money damages would be an inadequate remedy. Therefore, if a party breaches one or more obligations under this section, the other party will be entitled to injunctive or equitable relief as well as any additional relief that may be appropriate or otherwise available to such party.

Representations and Warranties

User represents and warrants, on the Effective Date and on each day during the Term (as applicable), that:

• User and any representative of User responsible for accessing or using the BT Services on behalf of User is at least 18 years old;
• If User is a corporate entity, User is validly existing, in good standing, and free to enter into these Terms.
• The User executing these Terms has been duly authorized to do so by all required corporate action.
• User has the full right, power, and authority to enter into, and perform the obligations and grant the rights under, these Terms.
• When executed and delivered by User, these Terms are legally binding upon and enforceable against User and does not conflict with any agreement, instrument, or understanding, oral or written, to which User is a party or by which User is bound.
• There are no proceedings pending or, to User's knowledge, threatened or reasonably anticipated that would challenge or that may have a material adverse effect on User's performance under these Terms.
• User has obtained and maintains all consents, authorizations, permissions, and approvals necessary for BT to exercise its rights and perform its obligations in connection with these Terms.
• User is accessing and using the BT Services in compliance with all Applicable Law, rules, regulations, and with these Terms.
• With respect to any information or data provided or otherwise made available to BT in connection with these Services: (a) such information and data is accurate, complete, authentic, valid, and timely; (b) such information and data has been provided in the form, format, and method required under Applicable Law, rules and regulations; (c) User has obtained all consents, authorizations, permissions, and approvals necessary to provide or otherwise make available such information and data to BT; and (d) BT may access, use, and disclose such information and data as necessary to exercise its rights and perform its obligations in connection with these Terms.
• User accepts the inherent risk associated with accessing and using the BT Services through the internet, including the unreliability of hosting services, internet intermediaries, internet service providers, and other service providers and accepts all responsibility and liability for choosing to use a technology that does not guarantee the security or reliability of the BT Services at all times.

Indemnification

User's Obligations

User will indemnify, defend (at BT's election), and hold harmless BT and its Affiliates from and against all damages, losses, liabilities, penalties, fines, assessments, judgments, interest, costs, expenses (including reasonable attorneys' fees and the cost of defense), and other amounts (collectively, "Losses") in connection with any claim, action, demand, investigation, or proceeding (each, a "Claim") arising out of, relating to, or alleging: (a) any breach of these Terms by User; (b) any matter, issue, act, or omission for which User has been allocated responsibility under these Terms; (c) any fines, penalties, assessments, or other amounts assessed or imposed by any Governmental Authority in connection with User's access to or use of the BT Services; (e) any relationship or agreement between User and any Customer or third party; (g) any of User's products or services; (f) any infringement, misappropriation, or other violation of any Intellectual Property Rights of any third party by User; and (i) any negligence, willful misconduct, or fraud of User, or User's directors, officers, employees, agents, and representatives.

Process

If any Claim is asserted against a BT Indemnitee, then BT will promptly notify User in writing of such Claim. Upon receipt of notice of any Claim from BT, User will assume the defense of such Claim except as otherwise elected by BT. If BT elects to require User to defend any Claim, then BT may participate, at its own cost and expense, in the defense of such Claim and retain counsel of its own choosing. If BT elects to require User to defend any Claim, then User will not agree to settle or compromise any Claim without BT's prior written consent, which will not be unreasonably withheld, conditioned, or delayed, unless such settlement or compromise (a) is only for the payment of money damages for which BT will be released and fully indemnified under these Terms; (b) includes an unconditional release of BT from all liability on claims that are the subject matter of such Claim; (c) does not include any statement as to or admission of fault, culpability, or failure to act by or on behalf of BT, and; (d) does not require BT to take any action or inaction.

Disclaimer of Warranties

BT SERVICES ARE AND WILL BE PROVIDED "AS IS" AND "AS AVAILABLE" AND BT HEREBY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING: (a) BT MAKES NO REPRESENTATION OR WARRANTY THAT THE BT SERVICES WILL PERFORM WITHOUT INTERRUPTION OR ERROR, AND (b) USER ACKNOWLEDGES THAT HOSTING OR TRANSMITTING DATA ONLINE INVOLVES RISKS OF UNAUTHORIZED ACCESS, USE, DISCLOSURE, OR EXPOSURE AND USER HEREBY ACCEPTED SUCH RISKS. BT MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE THAT THE BT SERVICES ARE COMPATIBLE WITH USER'S EQUIPMENT, THAT THE BT SERVICES ARE FREE OF VIRUSES, WORMS, BOTS, OR ANY OTHER HARMFUL, INVASIVE, MALICIOUS, OR CORRUPTED FILES, OR THAT DATA SENT THROUGH THE BT SERVICES WILL NOT BE ACCESSED, USED, DISCLOSED, OR EXPOSED THROUGH THE ERRORS OR ACTIONS OF THIRD PARTIES. USER ACKNOWLEDGES AND AGREES THAT USER HAS INDEPENDENTLY EVALUATED BT AND THE BT SERVICES AND THE BT SERVICES' APPLICATION TO USER'S NEEDS. TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, THE UNIFORM COMMERCIAL CODE AND THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT WILL NOT APPLY TO THESE TERMS.

Fees and Payments

Fees

Your use of the Services is subject to you paying the fees applicable to the Services plan selected and/or used by you ("Subscription Fee"). BT's pricing for Subscription Fees, permitted usage, and available features for each Services plan are listed at balanced-trust.com/pricing or pricing provided directly to you (the "Pricing").

You will pay all fees in United States Dollars per the payment terms on a Purchase or otherwise agreed at the time of purchase. The amount of fees payable by you shall vary depending upon the number of Users and the period for which you are authorized to use the Services ("Subscription Term"). Payment obligations are non-cancelable and, except as expressly stated in these Terms, fees paid are non-refundable. In making payment, you acknowledge that you are using the Services only for the purposes of your enterprise and that you are not relying on being able to use the Services beyond the Subscription Term or on the availability of any future enhancements or upgrades. If you fail to pay any fees on time, BT or as applicable reserves the right, in addition to taking any other action at law or equity, to (i) charge interest on past due amounts at 1.0% per month or the highest or minimum interest rate allowed by law, whichever is less, and to charge all expenses of recovery, and (ii) suspend or terminate the applicable Services. If you add Services during a Subscription Term, such subscriptions will be billed at the then-current rate listed in the Pricing for your Services plan or as applicable and shall be co-termed to the end of the applicable Subscription Term.

Except as otherwise specified in a Purchase, all subscriptions will automatically renew for periods equal to your initial Subscription Term, and you will be charged at the then-current rates set forth in the Pricing.

Taxes

Our fees are exclusive of all taxes that are payable in respect of the Services or its Use in the jurisdiction in which the payment is either made or received ("Taxes"). To the extent that any Taxes may be payable, you must pay BT or as applicable the amount of such Taxes in addition to any Subscription Fees owed by you hereunder. Any applicable tax-exempt certificates must be provided to BT, who will make reasonable efforts to provide you with such invoicing documents as may enable you to seek an applicable refund or credit for the amount of Taxes paid from any relevant revenue authority.

Payment

We require automatic payment for all invoiced fees via ACH or by your credit card number that we keep on file. If you authorize payment by credit card and ACH, then the ACH payment method will be attempted first. If that attempt fails for any reason, then we will process payment using your designated credit card.

Payment by Credit Card

When you purchase a subscription ("Purchase") from BT, you expressly authorize BT (or our third party payment processor) to charge you the Subscription Fee at the then-current Pricing, plus Taxes, as follows: (i) monthly in advance for monthly plans, and (ii) annually in advance for annual plans. Subscription Fees are subject to change, although BT will notify you in advance of any such change.

BT may ask you to supply additional information relevant to your Purchase, including your credit card number, expiration date, Card Verification Value (CVV), and your billing address (such information, "Payment Information"). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Purchase, you authorize BT to provide your Payment Information to our third party service providers so BT can complete your Purchase and to charge your payment method for the type of Purchase you have selected (plus any Taxes and other applicable charges).

Payment by ACH

When enrolled in an ACH payment processing method, you authorize us to electronically debit your designated checking or savings account for any payments due for the Purchase. This authorization will continue until otherwise terminated in writing by you. We will apply a $20.00 service charge (or the maximum amount permitted by law, whichever is less) to your account for any electronic debit that is returned unpaid due to insufficient funds or due to your bank's electronic draft restrictions.

Authorization for Recurring Payments

By agreeing to these Terms and purchasing a subscription, you acknowledge that your subscription has recurring payment features and you accept responsibility for all recurring payment obligations prior to cancellation or termination of your subscription by you or BT. BT or our third-party payment processor will automatically charge you in accordance with your Subscription Term (e.g., each month or year), on the calendar day corresponding to the Effective Date of your Subscription Term, using the payment information you have provided. In the event your Subscription Term begins on a day not contained in a given month, your payment method will be charged on such other day as we deem appropriate. For example, if you started a monthly subscription on January 31st, your next payment date is likely to be February 28th, and your payment method would be billed on that date. Your subscription continues until cancelled by you or BT terminates your access to or use of the Services or the subscription in accordance with these Terms.

Term and Termination

Term

The term of this Terms of Service will begin as of the Effective Date and will continue for a period of twelve (12) months and automatically review for twelve (12) months until terminated by User or BT (the "Term").

BT Termination Rights

BT will not terminate these Terms except as set forth in this section below. Should you wish to terminate these Terms, you are required to provide the appropriate notice for your Services as set forth in the section below.

BT has the right to terminate these Terms, if (i) you have breached any term in these Terms, (ii) it is required to do so under law, or (iii) BT decides to discontinue the Services, subject to giving fourteen (14) days' notice. Notwithstanding the above, BT has the right to terminate the Terms for convenience at any time, subject to giving fourteen (14) days' prior notice.

Monthly Payment Plan

Should you wish to terminate a Monthly Payment Plan under these Terms, you are required to provide thirty (30) days' notice to BT by sending an email with subject line "Services Termination" to legal@balanced-trust.com and specifically mention the Services you are using.

Annual Payment Plan

Should you wish to terminate an Annual Payment Plan under these Terms, you are required to provide thirty (30) days' notice to BT by sending an email with subject line "Services Termination" to legal@balanced-trust.com and specifically mention the Services you are Using. If you cancel auto-renewal, your subscription will terminate at the end of then-current billing cycle, or immediately if you so choose, however you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.

Disclosures and Notices

Consent to Electronic Disclosures, Notices, and Information

By establishing a BT Account or by accessing and using the BT Services, User hereby agrees that BT may provide these Terms and all disclosures, notices, and other information arising out of or relating to these Terms, including any disclosures or notices required to be provided as a matter of Applicable Law (collectively, "Notices"), through electronic methods, including by emailing these Terms and Notices to User's designated email address, by posting these Terms and Notices on BT website, or by providing these Terms and Notices through User's BT Account or otherwise through the BT Services. User acknowledges and agrees that these Terms and any Notice provided by electronic methods will be effective within 24 hours following the provision of the same by BT or such other period as may be specified by BT therein and will have the same effect as if BT had provided User with paper copies of these Terms or such Notices. User further acknowledges and agrees that User's electronic acceptance of or consent to these Terms and any Notices (if applicable) provided electronically will have the same legal effect as a physical signature. If User has any issues viewing or accessing these Terms or any Notices, then User will contact BT at legal@balanced-trust.com. If User wishes to withdraw User's consent to receive these Terms and Notices through electronic methods, then User will contact BT at legal@balanced-trust.com. Due to the nature of the BT Services, User will not be able to access the BT Services if User withdraws its consent to receive these Terms and all Notices electronically.

Text Message

User hereby authorizes BT to provide Notices to User via text message, including as may be necessary or appropriate to verify User's or its representative's control over User's BT Account (e.g., two-step verification) and to provide User with other critical information about User's BT Account. Standard text or data charges may apply to any Notices provided via text message. Where offered, User may disable text message notifications by responding to any such message with "STOP" or by following instructions provided in the text message. However, by disabling text messaging, User may be deactivating important security features associated with User's BT Account, which may increase the risk of loss to User. User will need a computer or mobile device, internet connectivity, and an updated browser to access and review Notices.

Wireless Service Providers

User acknowledges and agrees that BT may communicate with User or User's representative via SMS messages transmitted by wireless service providers (e.g., AT&T, Sprint, Verizon, etc.). Without limiting BT's other rights under these Terms, User hereby authorizes BT to disclose information about User to wireless service providers used in connection with the BT Services, including as necessary for BT to comply with the privacy and usage policies of such wireless service providers.

General Terms

Updates to Terms

BT reserves the right to modify these Terms at its discretion. If BT makes any material changes to these Terms, we will notify you, including without limitation by email or posting a notice on the Service. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect upon their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you. Your continued use of the Services after any such update constitutes your acceptance of such changes. You may refuse to accept the new Terms by waiving the use of the Services as of the effective date of the new Terms. If you continue using the Services as of the effective date of the new Terms, you shall be deemed to have accepted the new Terms. We will inform you of this effect of your continued use of the Services when notifying you of the respective changes.

Force Majeure

Neither party will be liable to the other party for delays or failures to perform its obligations because of circumstances beyond such party's reasonable control. Such circumstances include, but will not be limited to, any intentional or negligent act committed by the other party, or any acts or omissions of any governmental authority, natural disaster, act of a public enemy, acts of terrorism, riot, sabotage, disputes or differences with workmen, power failure, communications delays/outages, delays in transportation or deliveries of supplies or materials, cyberwarfare, cyberterrorism, or hacking, malware or virus-related incidents that circumvent then-current anti-virus or anti-malware software, and acts of God.

Third-Party Services

When User accesses or uses the BT Services, User may be made aware of services, products, offers, or promotions provided or otherwise made available by third parties ("Third-Party Services"). If User decides to access or use any Third-Party Services, then User is responsible for reviewing and understanding the terms, conditions, and fees applicable to such Third-Party Services. User acknowledges and agrees that BT is not responsible or liable for any Third-Party Services.

Not a Substitute for Professional Advice

Although BT may provide information concerning product usage and specifications, it is not a substitute for advice from a qualified professional, and you should not act or refrain from acting based on any content included in the Services without seeking advice from a qualified professional.

Remedies

The rights and remedies of BT in connection with these Terms are cumulative, and BT may enforce any of its rights or remedies under these Terms, along with any other rights and remedies available to it at law or in equity.

Governing Law

The Services are operated by us from our offices within the United States of America. We make no representation that these Services are appropriate or available for use in other locations, and access to the Services from territories where the Services may be illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. By using the Services, regardless of where you live or are located, you consent to these Terms and any claims relating to the information, services or products made available through the Services will be governed by the laws of the State of Florida, U.S.A., excluding the application of its conflicts of law rules. Any disputes or claims arising out of or relating to these Terms, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Your rights will be determined by a panel of no less than three (3) neutral arbitrators and judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

No Waiver

The failure of either party to enforce or insist upon compliance with any of the terms and conditions of this Agreement, the temporary or recurring waiver of any term or condition of this Agreement, or the granting of an extension of the time for performance, will not constitute an Agreement to waive such terms with respect to any other occurrences.

Severability

If any provision in this Agreement, any Purchase, or the Services is declared invalid by a court of competent jurisdiction, such provision will be ineffective only to the extent of such invalidity, illegibility or unenforceability so that the remainder of that provision and all remaining provisions will be valid and enforceable to the fullest extent permitted by applicable law.

Assignment

Neither this Agreement nor any Quote may be assigned or transferred by a party without the prior written consent of the other party. This Agreement will be binding upon and inure to the benefit of the parties hereto, their legal representatives, and permitted successors and assigns. Notwithstanding the foregoing, we may assign our rights and obligations hereunder to a successor in ownership in connection with any merger, consolidation, or sale of substantially all of the assets of our business or any other transaction in which ownership of more than fifty percent (50%) of our voting securities are transferred; provided, however, that the assignee expressly assumes our obligations hereunder.

Entire Agreement

These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior communication, correspondence, and instruments in their entirety.