PLEASE NOTE: If you are registering to use and/or using our Services (as defined below) on behalf of your employer or a third-party by which you are engaged: (i) you agree to these Terms of Use on behalf of yourself individually and the company by which you are employed or engaged (“Customer”) and for whose benefit you are using the Services, (ii) you represent and warrant that you have the authority to bind Customer to these Terms of Use, and (iii) references below to “you” refer to both you and Customer.

By entering and using the websites, including www.octavehi.com, octavebuilt.com and plnms.com (the “Sites”) or by using the investor portal (the “Services”) of Octave Holdings and Investments, Inc. (collectively, “Octave” or “we,” “us,” or “our”), you accept and agree to follow the terms and conditions described in these Terms of Use (“Terms of Use”). If you do not agree to these Terms of Use, you may not use our Sites or Services. These Terms of Use are a binding agreement between you and Octave, and govern your access and use of the Sites and Services, which includes any information, data, tools, products, services and other content (together, “Content”) available on or through the Sites and Services. You may contact Octave at the address provided below with questions about the terms and conditions of these Terms of Use. These Terms of Use include and incorporate Octave’s Privacy Policy.

YOU MUST BE AT LEAST 18 YEARS OF AGE TO USE OR ACCESS THE SERVICES. YOU MAY ONLY ACCESS AND USE OUR SERVICES IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS.

1. Limited License to Use the Sites and Services

The Sites are owned by Octave and its affiliates. The Sites, Services, and the Content are protected by one or more copyrights, patents, database rights, trademarks, service marks and/or other intellectual property and proprietary rights that are owned by Octave, its affiliates and/or third parties.

Octave grants you a limited right to use the Sites and Services only for your own personal or business purposes, and to print pages from the Sites only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content, including any text, graphics, logos and other source- identifying symbols, designs, icons, images, or other information, software or code obtained from the Sites or Services. You are prohibited from removing any copyright, trademark or other proprietary notice or legend contained on (or printed from) the Sites or Services or on any printed pages. In addition, you are prohibited from decomposing, decompiling, reverse engineering, disassembling or otherwise deconstructing all or any portion of the Sites or Services.

You hereby grant Octave its affiliates, and their respective successors and assigns, a non- exclusive, royalty-free, fully-paid license to use, analyze, modify, display, create derivative works from, and transmit any data that you transmit to the Sites or Services, subject to Octave’s Privacy Policy.

All Content on the Sites and Services are meant to be reviewed in their entirety, including any footnotes, legal disclaimers, restrictions or disclosures, and any copyright or proprietary notices. Any disclaimers, restrictions or disclosures apply to any partial document or material in the same manner as they do the whole, and will be deemed incorporated in the portion of any material or document that you consult or download.

Your continuing right to use the Sites and Services is subject to your agreement to abide by

these Terms of Use in their entirety, as well as any other rules, procedures, policies, terms or conditions that govern all or any portion of the Sites or Services. At any time and for any reason we may revoke your right to use all or any portion of the Sites or Services.

2. Ownership

Other than those rights expressly granted to you under these Terms of Use, Octave, its subcontractors, its service providers, and its licensors (as the case may be), retain all right, title, and interest in and to: (i) the Content and the Sites and Services and their components (including the visual interfaces, graphics, other content, design, compilation, computer code (including source code or object code), products, software, and information services), and all intellectual property rights embodied therein; (ii) any modifications, enhancements, updates, and other improvements to Sites and Services; and (iii) data you provide through the Sites and Services (except personal data).

3. Restrictions on Use

In addition to the restrictions set forth in Section 1, you agree not to (directly or indirectly), in connection with your use of the Site or Services:

• sell, rent, lease, sublicense, transfer, modify, create derivative works of, or redistribute the Site or Services or any component thereof;
• use or exploit the Site or Services, or any component thereof except solely as expressly permitted pursuant to these Terms of Use;
• allow any person to access or otherwise use the Site or Services or any component thereof;
• use the Site or Services in a manner that could, directly or indirectly, generate results or engage in activities that may pose financial harm or other safety concerns, including but not limited to, actions that could reasonably be anticipated to result in financial loss, damage to property, or bodily harm, or compromise the security and integrity of any confidential or legally protected data or computer systems;
• use the Site or Services to upload or transfer any “Sensitive Information” (defined as (i) personal or confidential information that, if lost or damaged, could trigger a notification obligation under applicable law or any contract; (ii) any information, the loss, damage, or unavailability of which, could negatively impact personal health or safety; and (iii) any information essential for the operation of any computer systems or any equipment or other tangible property);
• access or use the Site or Services contrary to these Terms of Use;
• use or access the Site or Services (i) from a jurisdiction where such use or access is not authorized, (ii) for any illegal purpose, or (iii) in violation of any local, state, national, or international law;
• conduct activities that may be harmful to others or that could damage Octave’s

reputation;

• use scrapers, robots, or other data gathering devices not provided by Octave’s on or through the Site or Services;
• interfere with security-related features of the Site or Services, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering, decompiling, or otherwise attempting to discover the source code of any portion of the Site or Services, except to the extent that such activity is expressly permitted by applicable law notwithstanding this restriction;
• interfere with the operation of the Site or Services or any user’s use of the Site or Services, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or

advertisement to another user of the Site or Services; (iii) attempting to collect personal information or other information about another user or third party without their consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site or Services, or violating any regulation, policy, or procedure of any such network, equipment, or server;

• perform any fraudulent activity, including impersonating any person or entity; or
• attempt to do any of the acts described in this section, or assist or permit any person in engaging in any of the acts described in this section.

Nothing in these Terms of Use shall be construed as granting you any rights other than those expressly provided herein, and there are implied rights pursuant to these Terms of Use based on any course of conduct or other construction or interpretation thereof. All rights and licenses not expressly granted herein are expressly reserved by Octave.

4. No Offer of Securities

Octave and its affiliates at times raise capital to fund projects. Nothing on the Sites, in relation to the Services, or in these Terms of Use shall be construed as an offer to sell securities, a recommendation regarding any securities, or a solicitation of an offer to buy securities in any Octave fund or account. All such offers may be made only to privately solicited investors who have been pre-qualified as to both investment suitability and net worth, including, without limitation, qualifying as accredited investors within the meaning of the Securities Act of 1933, as amended, after delivery of required disclosure documents and offering memoranda, and only in such jurisdictions in which such an offer would be lawful.

5. No Reliance

All Content provided on the Sites and through the Services is for informational purposes only.

Any estimates, projections or predictions on these Sites or the Services are intended to be forward-looking statements. Although Octave believes that the expectations in such forward- looking statements are reasonable, it can give no assurance that any forward-looking statements will prove to be correct. Such estimates are subject to actual known and unknown risks, uncertainties and other factors that could cause actual results to differ materially from those projected. Octave expressly disclaims any obligation or undertaking to update or revise any forward-looking statement contained herein to reflect any change in its expectations or any change in circumstances upon which such statement is based.

No statement contained on the Sites or in relation to the Services should be construed as a guarantee or assurance of future performance or future results. Octave’s past performance is not indicative of future results.

There are various risks you assume when reviewing the Content on the Sites and in relation to the Services.

Dated Content speaks only as of the date indicated. We may modify the Content on the Sites and Services at any time and without notice to you.

We make reasonable efforts to provide accurate Content, but at times we may not promptly update or correct the Sites and Services even if we are aware that it is inaccurate, outdated or otherwise inappropriate. In addition, we do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party.

You agree that we are not liable for any action you take or decision you make in reliance of any Content on the Sites and Services.

The Content on the Sites and Services is not intended to be, and you should not consider any

Content to be, investment, accounting, tax or legal advice. You are encouraged to discuss information that you learn from the Sites and Services with your financial, legal or tax advisors and others with whom you share investment decisions.

6. Your Representations and Warranties

You represent and warrant that you have full authority and all rights necessary to enter into and fully perform all of your obligations pursuant to these Terms of Use.

You represent and warrant that you have not and you will not enter into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Use. You represent and warrant that you will not delete any Content from the Sites or the Services.

7. Account Registration and Passwords

The Services are password protected and the content of such areas are subject to the confidentiality provisions of the respective Octave fund documents. You will need to be registered for an account in order to access the Services. Data will be provided by Customers when registering for an account and data will be collected when you use the Services (“User Data”). You must update your User Data as necessary so that all User Data remains accurate and up-to-date. Octave may use User Data to send notices, statements, and other information by email or through your account. By using the Services, you are agreeing to be bound by the confidentiality provisions of the respective fund documents.

If you are provided a password by Octave, you must keep your password confidential.

You may not disclose your password to any third party. You accept full responsibility for any use of your password. You agree to notify Octave immediately of any actual or suspected loss, theft or unauthorized use of your password. You are responsible for all use of the Services that occurs as a result of access to it using your credentials.

Without limiting the generality of any other disclaimers in these Terms of Use, Octave is not responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions regarding maintaining the security and confidentiality of your password.

We reserve the right to reject or otherwise terminate access to your account at any time. If you provide any information that is untrue, inaccurate, not current, or incomplete, or that violates applicable law, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

8. Third Party Links

Octave is not responsible for information on any third party website that is referred in, or accessible or connected by hyperlink to, the Sites or the Services.

If you access any third party website through the Sites, Services, or otherwise, you do so at your own risk. Hyperlinks to or from the Sites do not constitute third party endorsement of, sponsorship by or affiliation with us.

9. No Warranty

OCTAVE DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITES AND SERVICES THAT THE LAW ALLOWS IT TO DISCLAIM.

THE SITES AND SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO THE SITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND PROPRIETARY

RIGHTS, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THE AVAILABILITY, ACCURACY, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, SEQUENCING OR SPEED OF DELIVERY OF THE SITES, THE SERVICES, OR ANY PART OF THE CONTENT.

OCTAVE’S LIABILITY WITH RESPECT TO THE SITES IS LIMITED TO THE MAXIMUM

EXTENT PERMITTED BY LAW.

THIS SECTION APPLIES TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES PROVIDED OR IMPLIED BY LAW OR A DISCLAIMER OF OTHER WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

10. Limitation of Liability

IN NO EVENT SHALL OCTAVE, ITS AFFILIATES, OR ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, PRINCIPALS, AGENTS AND EMPLOYEES BE LIABLE FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES, INCLUDING INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR THE SERVICES OR WITH ANY DELAY OR TECHNICAL PROBLEMS IN USING THE SITES OR SERVICES, OR ANY INFORMATION AND MATERIALS OBTAINED THROUGH THE SITES OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES OR SERVICES. SUCH LIMITATIONS APPLY EVEN IF OCTAVE, ITS AFFILIATES, OR ANY OF ITS OR THEIR OFFICERS, DIRECTORS, MANAGERS, PRINCIPALS, AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

SOME STATES LIMIT THE APPLICABILITY OF DISCLAIMERS OR LIMITATIONS OF LIABILITY, IN WHICH CASE SUCH LIMITATIONS SHALL APPLY ONLY TO THE EXTENT LEGALLY ENFORCEABLE IN THE APPLICABLE JURISDICTION.

IN NO EVENT SHALL OCTAVE BE LIABLE, UNDER ANY LEGAL THEORY (CONTRACT, BREACH OF WARRANTY, NEGLIGENCE OR OTHER TORT, STRICT LIABILITY, OR OTHERWISE) UNDER THESE TERMS OR OTHERWISE FOR ANY DAMAGES IN EXCESS OF [ONE HUNDRED DOLLARS ($100)]. SUCH LIMITATION SHALL EXTEND TO ALL LIABILITY OR POTENTIAL LIABILITY, INCLUDING FOR PERSONAL INJURY OR WRONGFUL DEATH.

EACH PROVISION OF THESE TERMS OF USE 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 OF USE. 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 OF USE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

11. Breach and Indemnification

You will be responsible for any liability to Octave that arises out of your breach of these Terms of Use or your use of the Sites or Services violation of any applicable law, statute, ordinance, regulation.

You agree to indemnify, defend and hold harmless Octave and its affiliates, agents, employees

and third party sources from and against any and all suits, losses, claims, demands, liabilities,

damages, costs and expenses (including reasonable attorneys’ fees) that arise from or relate to:

• your access to or use of the Sites or Services,
• your breach of these Terms of Use or any representation, warranty or covenant made by you in these Terms of Use,
• your violation of any applicable law, statute, ordinance, regulation or of any third

party’s rights,

• claims asserted by third parties which, if proven, would place you in breach of representations, warranties, covenants or other provisions contained in these Terms of Use, or
• all claims pertaining to the Sites and Services or your use of the Sites and Services that arise from or allege negligence, fraud, or intentional misconduct committed by you.

Without limiting the foregoing, 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 that claim.

12. Updates to the Sites and Modifications to these Terms of Use

You acknowledge that Octave may update the Sites, Services, and the Content, and may modify the terms of these Terms of Use at any time. Modifications to these Terms of Use will be effective immediately upon posting unless we indicate otherwise. You agree to review periodically these Terms of Use.

By entering any of the Sites or using the Services you agree to and fully accept these Terms of Use in its then current form each time you enter the Sites or use the Services.

13. General

Governing law. These Terms of Use shall be governed by and construed under the laws of the state of Georgia, without regard to its choice of law rules. Any legal action brought hereunder shall be brought exclusively in the courts in Atlanta, Georgia, and it is agreed that such courts shall have jurisdiction over the parties to these Terms of Use and any dispute arising hereunder.

Monitoring and analytics. Octave may monitor and record activity on the Sites and Services and respond in accordance with our Privacy Policy.

Notices and Contact. Any notice to Octave shall be to the Legal Department, at Admin@dev.octavehi.com; Subject Legal. You may also use this information to contact us.

Severability. If any provision of these Terms of Use is held to be invalid or unenforceable in any jurisdiction, such provision shall be deemed modified to the minimum extent necessary so that such provision shall no longer be held to be invalid or unenforceable, and these Terms of Use shall be interpreted so as to achieve the intent expressed herein to the greatest extent possible in the jurisdiction in question. Any such modification, invalidity or unenforceability shall be strictly limited both to such provision and to such jurisdiction.

Termination of Access and Use; Discontinuation of the Services. If you violate any provision of these Terms of Use, your permission from us to use the Services automatically terminates. We also reserve the right to modify or discontinue the Services at any time (including by limiting or discontinuing certain features of the Services), temporarily or permanently, with or without notice. Upon the termination of your right to use the Services, Octave may at its option delete

any content you submitted to the Services.