WEBSITE TERMS OF SERVICE AND USER AGREEMENT (WASHINGTON)

Effective Date: 1/5/2026

1. ACCEPTANCE AND SCOPE OF AGREEMENT

Welcome to fletcherquillgroup.com (the "Site"). This Site is owned and operated by Fletcher Quill Group Inc., a Washington Business Corporation ("FQG"). These Terms of Service ("Terms"), together with our Privacy Policy and any other legal notices published by FQG, constitute a legally binding agreement between you ("User," "you," or "your") and FQG, including its parent, subsidiaries, and affiliates: Fletcher Quill Inc. (WY), Fletcher Quill Estates Inc. (WY), and Fletcher Quill Global Inc. (WY) (collectively, the "Fletcher Quill Entities").

1.1 Legal Affirmation. By accessing, browsing, or using the Site, or by clicking "I Agree" when prompted, you acknowledge that you have read, understood, and agree to be bound by these Terms and to comply with all applicable laws and regulations of the State of Washington and the United States. If you do not agree, you must immediately cease use of the Site.

1.2 Capacity. You represent and warrant that you are at least 18 years of age and possess the legal capacity to enter into this agreement. If you are accessing the Site on behalf of an entity, you represent that you have the authority to bind that entity to these Terms.

2. DESCRIPTION OF SERVICES

The Site serves as a centralized hub for the marketing and delivery of two primary service categories provided by the Fletcher Quill Entities.

2.1 The Ink Scratch Application (SaaS)

The "Ink Scratch" application is a proprietary Software-as-a-Service (SaaS) platform designed for left-handed users to optimize writing ergonomics and digital journaling. This service is provided on a subscription basis. FQG manages the operational delivery, while the underlying Intellectual Property is held by Fletcher Quill Inc. (WY).

2.2 Optimize Living (Property & REIT Services)

"Optimize Living" refers to the mixed-use communities and real estate investment products managed by Fletcher Quill Estates Inc. (WY). The Site provides information regarding membership buy-ins and rental opportunities.

• Non-Binding Information: Unless explicitly stated otherwise, information regarding Optimize Living on this Site does not constitute a real estate offering or a securities solicitation. All property-related transactions are governed by the Property Rental Agreement and REIT Membership Documentation, which are separate from these Terms.

3. WASHINGTON PRIVACY & DATA SECURITY

Washington maintains some of the nation’s strictest data privacy laws. Our handling of your data is governed by the Washington Consumer Protection Act (RCW 19.86) and the Washington My Health My Data Act (MHMDA).

3.1 Consumer Health Data (MHMDA Compliance)

Because the Ink Scratch application may track physical movements, grip patterns, or personal reflections that could be interpreted as "Health Data" under Washington law:

• Consent: We will not collect "Consumer Health Data" without your prior, affirmative, and voluntary consent.
• Revocation: You have the right to revoke consent and request the deletion of such data at any time.
• No Sale: FQG does not sell Consumer Health Data.

3.2 Privacy Policy Incorporation

Your use of the Site is also governed by our Privacy Policy, which describes our collection of "Personal Information" as defined under RCW 19.255.010. By using the Site, you consent to the collection and use of information as detailed therein.

4. SUBSCRIPTIONS, BILLING, AND CANCELLATION

All financial transactions are conducted in USD. FQG utilizes Stripe as a third-party payment processor.

4.1 Automatic Renewal (RCW 19.346 Compliance)

Washington law requires "clear and conspicuous" disclosure of automatic renewal terms.

• Renewal Terms: If you purchase a subscription for Ink Scratch, your subscription will automatically renew at the end of each billing cycle (monthly or annually).
• Payment Authorization: You authorize FQG to charge your payment method on file for the renewal term.
• Price Changes: We reserve the right to change our subscription fees. We will provide at least 30 days’ notice of any price increase.

4.2 Cancellation Policy

You may cancel your subscription at any time via your account dashboard.

• Effect of Cancellation: Cancellation will stop future billing. You will retain access to the service until the end of your current paid period.
• Notice for Annual Plans: For annual subscriptions, FQG will provide a reminder notice via email between 30 and 60 days prior to the renewal date.

4.3 Identity Validation

Per Stripe’s security protocols and our internal compliance, we may require identity validation. You agree to provide accurate, current, and complete information. Failure to do so may result in the suspension of your account.

5. USE BY MINORS AND EDUCATIONAL USERS

5.1 Parental Consent

The Ink Scratch application may be used by minors (individuals under 18) through a "Family" or "Educational" package. In accordance with the Children’s Online Privacy Protection Act (COPPA) and Washington law:

• The purchase must be made by a parent or legal guardian.
• The parent or guardian is responsible for supervising the minor’s use of the Site.
• The parent or guardian agrees to be bound by these Terms on behalf of the minor.

5.2 Educational Institutional Use

If you are an educational institution using Ink Scratch, you represent that you have the authority to provide consent for the collection of student data for educational purposes.

6. INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership

All content on the Site, including but not limited to the "Ink Scratch" software code, "Optimize Living" trademarks, text, graphics, logos, and the "look and feel" of the Site, is the exclusive property of the Fletcher Quill Entities or their licensors.

6.2 Limited License

FQG grants you a limited, non-exclusive, non-transferable, and revocable license to access the Site and use the Ink Scratch application for personal, non-commercial use.

6.3 Prohibitions

You shall not:

• Copy, modify, or create derivative works of the Site or software.
• Reverse-engineer or decompile the Ink Scratch application.
• Use any "robot," "spider," or other automated device to monitor or copy our web pages.

6.4 Work for Hire & Executive IP

Any intellectual property created by employees, executives, or contractors during their engagement with FQG or its affiliates is considered a "Work Made for Hire" under 17 U.S.C. § 101 and remains the sole property of the Fletcher Quill Entities.

7. OPTIMIZE LIVING DISCLOSURES

7.1 Real Estate and REIT Information

The Site provides information regarding Fletcher Quill Estates Inc. (a Wyoming REIT).

• Washington Real Estate Law: This Site is not an offer to lease property in the State of Washington unless a specific listing is identified as being located within Washington and complies with RCW 18.85.
• Membership Buy-in: The Membership Buy-in component for Optimize Living is a contractual arrangement that locks in rental rates. This is a separate financial product governed by its own subscription and disclosure documents.

7.2 Tenant Screening

If the Site is used to facilitate rental applications for Washington-based properties, FQG complies with RCW 59.18.257. We will provide you with the name and address of the consumer reporting agency used and the right to dispute the report.

8. USER CONDUCT AND PROHIBITED ACTIVITIES

You agree that you will not:

1. Use the Site for any fraudulent or illegal purpose.
2. Interfere with the operation of the Site or the servers hosting it.
3. Post or transmit any material that is defamatory, obscene, or infringing on the rights of others.
4. Violate the Washington Consumer Protection Act by engaging in unfair or deceptive trade practices.

9. DISCLAIMER OF WARRANTIES

9.1 "As Is" Basis. TO THE FULLEST EXTENT PERMITTED BY THE LAWS OF THE STATE OF WASHINGTON, THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE FLETCHER QUILL ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 No Guarantee of Outcome. FQG DOES NOT WARRANT THAT THE INK SCRATCH APPLICATION WILL PERMANENTLY CORRECT WRITING ISSUES OR THAT OPTIMIZE LIVING MEMBERSHIPS WILL RESULT IN SPECIFIC FINANCIAL GAINS. YOUR RESULTS MAY VARY.

10. LIMITATION OF LIABILITY

10.1 Exclusion of Certain Damages. UNDER NO CIRCUMSTANCES SHALL FQG, ITS AFFILIATES, OFFICERS, DIRECTORS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR USE, EVEN IF FORESEEABLE.

10.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY WASHINGTON LAW, THE TOTAL AGGREGATE LIABILITY OF THE FLETCHER QUILL ENTITIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS SHALL BE LIMITED TO THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FQG IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100.00).

10.3 Washington Law Exception. SOME JURISDICTIONS (INCLUDING WASHINGTON IN CERTAIN CONSUMER CONTEXTS) DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless FQG, its parent company, and their respective officers, directors, and employees from and against any third-party claims, liabilities, damages, or expenses (including reasonable attorneys' fees) arising out of:

1. Your breach of these Terms.
2. Your use or misuse of the Ink Scratch application.
3. Your violation of any law or the rights of any third party.

12. TERMINATION

12.1 Termination by FQG. We reserve the right, in our sole discretion and without notice, to terminate or suspend your access to the Site or your Ink Scratch subscription for any reason, including violation of these Terms.

12.2 Termination by User. You may terminate your account at any time. Upon termination, your right to use the Services will immediately cease.

13. GOVERNING LAW AND DISPUTE RESOLUTION

13.1 Governing Law. These Terms and any dispute arising out of your use of the Site shall be governed by the laws of the State of Washington, without regard to its conflict of law principles.

13.2 Venue. Any legal suit, action, or proceeding shall be instituted exclusively in the state or federal courts located in King County, Washington. You waive any objection to the exercise of jurisdiction over you by such courts.

13.3 Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

14. ACCESSIBILITY (WADAA COMPLIANCE)

FQG is committed to making our digital services accessible to all individuals. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1, Level AA. If you encounter any accessibility barriers on our Site, please contact us at the address below.

15. ELECTRONIC COMMUNICATIONS (UETA)

By using the Site, you consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, and disclosures provided electronically satisfy any legal requirement that such communications be in writing, pursuant to the Washington Uniform Electronic Transactions Act (RCW 1.80).

16. MISCELLANEOUS PROVISIONS

16.1 Entire Agreement. These Terms constitute the entire agreement between you and FQG regarding the Site and supersede all prior agreements.

16.2 Severability. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16.3 Assignment. FQG may assign its rights and obligations under these Terms without notice. You may not assign your rights without our prior written consent.

16.4 Force Majeure. FQG shall not be liable for any failure to perform its obligations where such failure results from any cause beyond FQG’s reasonable control, including acts of God, war, riot, or technical failures.

17. CONTACT INFORMATION

For questions regarding these Terms, or to exercise your rights under the Washington My Health My Data Act, please contact:

Fletcher Quill Group Inc. 

11700 7th Avenue Suite 2100

Seattle WA 98101-1360

termsofservice@fletcherquillgroup.com