TERMS AND CONDITIONS

Last updated September 2, 2026

AGREEMENT TO OUR LEGAL TERMS

Daylight Bucks, LLC (“Company”) operates the mobile application Daylight Bucks (the “App”), as well as any other related products and services that refer or link to these legal terms (the “Legal Terms”) (collectively, the “Services”).

User can contact Company by phone at (+1)270-349-6566, email at team@daylightbucks.com, or by mail sent to 4500 Clarks River Rd, Paducah, KY 42003, United States.

These TERMS AND CONDITIONS constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“User”), and Company, concerning User access to and use of the Services. By clicking ‘I Agree,’ checking the box to accept these Legal Terms, creating an account, or otherwise affirmatively accepting these Legal Terms, you acknowledge that you have read, understand, and agree to be bound by all of these Legal Terms.

Supplemental terms and conditions or documents that may be posted on the Services from time to time are hereby expressly incorporated herein by reference. Company reserves the right, in its sole discretion, to make changes or modifications to these Legal Terms at any time and for any reason. If Company makes material changes, Company will provide User with clear notice via prominent notice in the App and may require User to affirmatively click to accept the updated Legal Terms before continuing to use the Services. Non-material changes will become effective upon posting, and User’s continued use of the Services following such posting constitutes User’s acceptance of the revised Legal Terms.

The Services are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Services.

We recommend that User print a copy of these Legal Terms for his, hers, or its records.

Because Company prioritizes transparency, Company’s complete and official Privacy Policy is integrated directly into these Legal Terms. By agreeing to these Legal Terms, User explicitly acknowledges and agrees to Company’s data collection, use, and sharing practices as thoroughly detailed in Section 14 below.

1. OUR SERVICES

1.1 The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

1.2 Company operates a marketplace that serves as a broker between two willing parties to the transaction. Company does not verify, represent, or otherwise acknowledge the accuracy of any information that is present on the App. Landowners (as defined below) and Hunters (as defined below) are specifically responsible for knowing, understanding, and abiding by all hunting laws and regulations of the state in which the hunt occurs. In no event shall Company have any liability relating to any hunting laws or regulations relating to User’s use of the Services.

1.3 Company does not endorse any User, Landowner, Hunter, or Landowner property. Company does not routinely perform criminal background checks, sex offender registry checks, or identity verifications on its users, nor does Company inquire into the backgrounds of its users or attempt to verify the statements of its users. Company makes no representations or warranties as to the conduct, history, or safety of any User. User is solely responsible for exercising common sense, caution, and taking all necessary safety precautions when interacting with other users, whether online or in person. Company shall not be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of User or anyone else in connection with the use of the Services, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users of the Services.

2. INTELLECTUAL PROPERTY RIGHTS

2.1 Company’s Intellectual Property

(a) Company is the owner or the licensee of all intellectual property rights in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the “Content”), as well as the trademarks, service marks, and logos contained therein (the “Marks”).

(b) Company’s Content and Marks are protected by copyright and trademark laws (and various other intellectual property rights and unfair competition laws) and treaties in the United States and around the world.

(c) The Content and Marks are provided in or through the Services “AS IS” for User’s personal, non-commercial use only.

2.2 Subject to User’s compliance with these Legal Terms, Company grants User a non-exclusive, non-transferable, revocable license to: (a) access the Services; and (b) download or print a copy of any portion of the Content to which User has properly gained access, solely for User’s personal, non-commercial use. For clarity purposes and without limiting the generality of the foregoing, the commercial resale of hunts a Hunter books via the Services or any other activities intended to generate profit – whether for User’s personal use or for third parties – is not permitted under any circumstances.

2.3 Except as expressly permitted in these Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Company’s express prior written permission, which may be withheld by Company in its sole and absolute discretion.

2.4 If User wishes to make any use of the Services, Content, or Marks other than as permitted in these Legal Terms, User must send a request to: team@daylightbucks.com. If Company grants User the permission to post, reproduce, or publicly display any part of our Services or Content, User must identify Company as the owner or licensor of the Services, Content, or Marks and ensure that any copyright or proprietary notice appears or is visible on posting, reproducing, or displaying such Content.

2.5 Company reserves all rights not expressly granted to User in and to the Services, Content, and Marks. Any breach of the intellectual property limitations set forth in this Section 2 will constitute a material breach of the Legal Terms and User’s right to use our Services will terminate immediately.

2.6 By sending or submitting any question, comment, suggestion, idea, feedback, or other information about the Services (“Submissions”) to Company, User assigns Company all intellectual property rights in such Submission. User hereby agrees that Company owns all Submissions and is entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to User.

2.7 The Services may invite User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which User may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material (“Contributions”). Any Submission that is publicly posted shall also be treated as a Contribution. User understands that Contributions may be viewable by other users of the Services and possibly through third-party websites. By posting any Contributions, Users grant Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit User’s Contributions (including, without limitation, User’s image, name, and voice) for any purpose, commercial, advertising, or otherwise; to prepare derivative works of, or incorporate into other works; and to sublicense the licenses granted in this Section 2. Company’s use and distribution may occur in any media formats and through any media channels. This license includes Company’s use of User’s name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images User provides.

2.8 By sending us Submissions and/or posting Contributions through any part of the Services and/or making Contributions accessible through the Services by linking User’s account through the Services to any of User’s social networking accounts, User hereby:

(a) confirms that he, she, or it has read and agree with these Legal Terms and will not post, send, publish, upload, or transmit through the Services any Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

(b) to the extent permissible by applicable law, waives any and all moral rights to any Submission and/or Contribution;

(c) warrants that any Submission and/or Contribution is original to User, or User has the necessary rights and licenses to submit such Submissions and/or Contributions, and that User has full authority to grant Company the above-mentioned rights in relation to User Submissions and/or Contributions; and

(d) warrant and represent that User Submissions and/or Contributions do not constitute Confidential Information (as defined below).

2.9 User is solely responsible for User Submissions and/or Contributions and User expressly agrees to reimburse Company for any and all losses that it may suffer because of User’s breach of (a) these Legal Terms, (b) any third party’s intellectual property rights, or (c) applicable law.

2.10 Company has no obligation to monitor any Contributions, by Company has the right to remove or edit any Contributions at any time without notice to User, if in Company’s reasonable opinion it considers such Contributions harmful or in breach of these Legal Terms. If Company removes or edits any such Contributions, Company may also suspend or disable User’s account and report User to the authorities.

2.11 Company respects the intellectual property rights of others. If User believes that any material available on or through the Services infringes upon any copyright User owns or controls, User shall immediately refer to Section 15 below.

3. USER REPRESENTATIONS

3.1 By using the Services, User represents and warrants that: (a) all registration information User submits is and will be true, accurate, current, and complete; (b) User will maintain the accuracy of such information and promptly update such registration information as necessary; (c) User has the legal capacity to agree to these Legal Terms and User does agree to comply with these Legal Terms; (d) User is at least 18 years of age and is not a minor in the jurisdiction in which User resides; (e) User will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; (f) User will not use the Services for any illegal or unauthorized purpose; and (g) User’s use of the Services does not and will not violate any applicable law or regulation.

3.2 If User provides any information that is untrue, inaccurate, not current, or incomplete, Company has the right to suspend or terminate User’s account and refuse any and all current or future use of the Services (or any portion thereof).

3.3 In addition to the foregoing representations and warranties, each User creating an account to post pictures of bucks, land, or potential bucks (each, a “Landowner”) hereby also represents, warrants, and acknowledges that, by creating an account on the App and posting photographs and other information therein for potential hunters or users to purchase or bid upon, such Landowner either owns, leases, or otherwise has the right to control access and allow deer hunting on and to the land upon which the posting is granting access. Each Landowner hereby acknowledges and understands that by creating a post, he, she, or it expects and will experience hunters on the applicable land or property that are in possession of firearms, bows, or other weapons that may be discharged. Each Landowner is solely responsible for communicating safety expectations that are unique to such Landowner’s post. Each Landowner hereby acknowledges that posting fake, fraudulent, severely outdated, or otherwise misleading pictures of bucks is strictly prohibited. Company’s confirmation of such misleading pictures will result in the removal of the Landowner’s account and the potential withholding of payouts to such Landowner for hunts booked. Each Landowner further hereby agrees to indemnify, defend, and hold Company, its members, agents, employees, managers, and others harmless from any claims, damages, suits, fines, or other harm that occurs from (a) Landowner improperly creating posts for land or property for which it does not have the authority to grant access for deer hunting, (b) any claims from any third-parties who are harmed by Landowner’s creation of a post for access to property that the Landowner does not own, lease, or control, and (c) claims by a Landowner, a Hunter, or any third-party for damage to property, personal effects, or personal injury (including death) occurring or relating to a transaction on the App. Landowner acknowledges that standard homeowner’s, farm, or personal liability insurance policies frequently exclude coverage for fee-based hunting activities, commercial leasing, or third-party recreational access. Landowner hereby assumes all risks associated with granting Hunters access to the property and is solely responsible for determining their own insurance needs. While Company strongly recommends that Landowner obtains and maintains a specific hunting lease liability policy or commercial general liability insurance, it is not currently a prerequisite to utilizing the Services.

3.4 In addition to all other representations and warranties of User herein, each User creating an account to bid on posts created by Landowners (each, a “Hunter”) hereby warrants, represents, and agrees that such Hunter is lawfully permitted to possess a firearm or other type of hunting weapon based on the laws of his, her, or its state and the laws of the United States of America. Each Hunter hereby warrants, represents, and agrees that he, she, or it possesses the appropriate government tags, licenses, or other forms of approval necessary to hunt, kill, or otherwise harvest the animal(s) that he, she, or it seeks to hunt, kill, or harvest as part of his, her, or its purchase on the App. Any Hunter who, upon arrival, determines that a Landowner’s property is unsafe for hunting or discharging a weapon shall refrain from discharging a weapon and immediately report the unsafe condition to Company. Each Hunter hereby acknowledges that Company does not and cannot verify the accuracy or legitimate nature of a Landowner’s posts and such Hunter agrees that only he, she, or it is responsible for the verification of the legitimate nature of the posts that he, she, or it chooses to purchase. Each Hunter hereby further agrees to indemnify, hold harmless, defend, and otherwise protect Company, and its members, employees, insurers, managers, and agents from any damage, claim, cause of action, fine, or other harm that may occur as a result of (a) his, her, or its improper possession of a firearm or other hunting weapon, (b) his, her, or its attempt to kill, hunt, or harvest an animal for which he, she, or it does not possess the appropriate federal, state, or local government approval and/or licensure, (c) his, her, or its trespass, improper use of, or otherwise prohibited access to land that may occur as a result his, her, or its transaction with a Landowner via the App, (d) his, her, or its’ ultimate determination that a Landowner’s post was misleading or fabricated or (e) any injury to himself, herself, or itself or to another Hunter or third party (including death) or his, her, or its or another Hunter’s or another third party’s personal property that occurs as a result of him, her, or it engaging in a transaction that is consummated on the App. Hunter also hereby acknowledges and agrees that the Landowner is an intended third-party beneficiary of the release of liability, indemnification, and assumption of risk provisions contained in these Legal Terms. By agreeing to these Legal Terms, each Hunter acknowledges that he, she, or it is the “You” referenced in the following statutory notice: WARNING: Under Kentucky law, there is no liability for an injury to or death of a participant in an agritourism activity conducted at this agritourism location if the injury or death results exclusively from the inherent risks of the agritourism activity and in the absence of negligence. You are assuming the risk of participating in this agritourism activity. Furthermore, User acknowledges that other jurisdictions possess similar agritourism, equine, or recreational use statutes that limit a Landowner’s liability for inherent risks, and User expressly agrees to assume all such risks and be bound by the applicable liability limitations of the state or jurisdiction in which the hunt occurs. In addition to the foregoing, no Hunter shall bring, permit, or invite any unregistered guest, observer, or minor onto a Landowner’s property unless such individual is expressly disclosed and approved during the booking process on the App. Hunter represents and warrants that any permitted guest or minor shall strictly comply with these Legal Terms and all applicable hunting safety regulations. Each Hunter assumes full responsibility and liability for the conduct, safety, and actions of all accompanied guests and hereby agrees to defend, indemnify, and hold Company harmless from any and all claims, injuries, or property damage caused by or sustained by each Hunter’s guests.

3.5 Each Hunter acknowledges and agrees that a confirmed booking through the App grants only a limited, temporary, non-transferable, and revocable license to enter and use the specified Landowner property solely for the designated dates, times, and permitted hunting activities. A booking does not create a lease, tenancy, easement, or any real property interest. Landowner and Company reserve the absolute right to revoke such license and require Hunter to immediately vacate the property at any time for safety violations, illegal conduct, or breach of these Legal Terms. Any Hunter who fails to vacate property upon expiration or revocation of the license shall be deemed a trespasser under applicable state law.

4. USER REGISTRATION AND ACCOUNT INFORMATION

User may be required to register to use the Services. User agrees to keep User’s password confidential and will be responsible for all use of User’s account and password. User is responsible for maintaining the confidentiality of User’s account credentials and for all activities that occur under User’s account. User hereby agrees to notify Company immediately of any unauthorized use of User’s account. User may be required to create a username associated with his, her, or its account. Company reserves the right to remove, reclaim, or change a username User selects if Company determines, in its sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Additionally, Company reserves the right to suspend or terminate User’s account in its sole and absolute discretion. User may delete his, her, or its account at any time by utilizing the account deletion feature within the App settings or by submitting a verifiable written request to team@daylightbucks.com. Upon account deletion, Company will process the deletion of User’s personal information in accordance with Section 14 and applicable state law. Notwithstanding the foregoing, Company reserves the right to retain certain transactional, financial, and safety-related data following account deletion as required for tax reporting, legal compliance, fraud prevention, or dispute resolution.

5. PURCHASES AND PAYMENT

5.1 Company accepts the following forms of payment:

(a) Visa;

(b) Mastercard;

(c) American Express;

(d) Discover; and

(e) PayPal

5.2 User agrees to provide current, complete, and accurate purchase and account information for all purchases made via the Services. User further agrees to promptly update its account and payment information, including email address, payment method, and payment card expiration date, so that Company can complete User’s transactions and contact User as needed. Sales tax will be added to the price of purchases as necessary in Company’s sole discretion and Company may charge User additional fees for the right to use the Services. Company may change prices at any time. Service fees are non-refundable. Company may change such service fees at any time without providing notice of such change to User.

5.3 All payments shall be in US dollars.

5.4 User hereby agrees to pay all charges at the prices then in effect for User purchases and any applicable shipping fees, and User authorizes Company to charge User’s chosen payment provider for any such amounts upon User finalizing a transaction. Company reserves the right to correct any errors or mistakes in pricing, even if Company has already requested or received payment.

5.5 Company reserves the right to refuse any order placed through the Services. Company may, in its sole and absolute discretion, limit or cancel hunts purchased per User or per order. Any hunting credits, tokens, or virtual currency purchased or earned via the Services hold no real-world cash value, are strictly non-transferable outside of the App, and cannot be redeemed for flat currency. These restrictions may include orders placed by or under the same User account, the same payment method, and/or orders that use the same billing or shipping address.

5.6 All sales are final and no refunds will be issued for any reason.

5.7 In addition to the foregoing rights and obligations, each Landowner may link his, her, or its bank account to its User account for payments made by Hunters. Landowners operate as independent parties and are not employees, partners, or agents of Company. Landowners are solely responsible for determining, reporting, and paying all applicable local, state, and federal income taxes arising from their use of the Services and the receipt of payouts. Company may be required by law to report payments made to Landowners to the appropriate tax authorities (including issuing an IRS Form 1099-K). Landowner agrees to promptly provide Company with all necessary tax identification information (such as a W-9) upon request, and Company reserves the right to withhold payouts until such information is provided

5.8 Company reserves the right to hold, delay, or forfeit payouts to Landowners in the event of suspected fraud, misleading postings, breach of these Legal Terms, or open user disputes. If a Hunter initiates a payment chargeback or dispute with their financial institution due to a Landowner’s breach or misrepresentation, Landowner agrees that Company may deduct the disputed amount, plus any associated administrative fees, from Landowner’s account balance or linked bank account. Furthermore, Company reserves the right to immediately suspend or terminate the account of any Hunter who initiates an unwarranted, fraudulent, or bad-faith chargeback.

5.9 User agrees that all bookings, payments, and financial transactions between a Hunter and a Landowner arising from, related to, or initiated through the Services must be processed exclusively through the App. No Landowner or Hunter shall solicit, negotiate, accept, or make payments outside of the Services to circumvent, evade, or reduce Company’s service fees. Any violation of this Section 5.9 constitutes a material breach of these Legal Terms and may result in immediate account termination, forfeiture of pending payouts, and liability for liquidated damages equal to the fee amount Company would have earned had the transaction been completed through the App.

6. SUBSCRIPTIONS

6.1 User may be permitted to purchase a subscription on the App. Subscriptions will continue and automatically renew annually unless canceled. User hereby consents to Company automatically charging User’s payment method on a recurring basis without requiring User’s prior approval, until such time as User cancels the applicable order. The length of User billing cycle is annual.

6.2 User can cancel his, her, or its subscriptions at any time by logging into his, her, or its account. User’s cancellation will take effect at the end of the current paid term.

6.3 Company may, from time to time, make changes to subscription fees and will communicate any price changes to User in accordance with applicable law.

7. PROHIBITED ACTIVITIES

7.1 User shall use the Services strictly in accordance with applicable law at all times and User may not access or use the Services for any purpose other than that for which is permitted under these Legal Terms. The Services may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company.

7.2 User hereby agrees not to:

(a) Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without Company’s prior written approval;

(b) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

(c) Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein;

(d) Disparage, tarnish, or otherwise harm, as determined in Company’s absolute discretion, Company and/or the Services;

(e) Use any information obtained from the Services in order to harass, abuse, or harm another person; make improper use of Company’s support services or submit false reports of abuse or misconduct; or use the Services in a manner inconsistent with any applicable laws or regulations;

(f) Engage in unauthorized framing of or linking to the Services;

(g) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any user’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

(h) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools;

(i) Delete the copyright or other proprietary rights notice from any Content;

(j) Attempt to impersonate another user or person or use the username of another user;

(k) Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”);

(l) Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services;

(m) Harass, annoy, intimidate, or threaten any of Company’s employees or agents engaged in providing any portion of the Services to User;

(n) Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services;

(o) Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code;

(p) Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services;

(q) Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software; or use a buying agent or purchasing agent to make purchases on the Services;

(r) Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;

(s) Use the Services as part of any effort to compete with Company or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise; or

(t) Possess, carry, discharge, or handle any firearm, bow, crossbow, or other hunting weapon while under the influence of alcohol, cannabis, illegal drugs, or any prescription medication that impairs physical or mental capabilities; or engage in any reckless, negligent, or unlawful handling of weapons on or around any Landowner property.

8. USER-GENERATED CONTRIBUTIONS

8.1 The Services may invite User to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide User with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to Company or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Services and through third-party websites. As such, Contributions may be treated as non-confidential and non-proprietary. All Contributions must comply with the Content Standards set out in these Legal Terms.

8.2 Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. When User creates or makes available any Contributions, User thereby represents and warrants that:

(a) The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of his, her, or its Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights, of any third party.

(b) User is the creator and owner of, or has the necessary licenses, rights, consents, releases, and permissions, to use and to authorize Company to use, and thereby does authorize Company, and other users of the Services to use his, her, or its Contributions in any manner contemplated by the Services and these Legal Terms.

(c) User have the written consent, release, and/or permission of each and every identifiable individual person in User Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of User Contributions in any manner contemplated by the Services and these Legal Terms.

(d) The Contributions are not false, inaccurate, or misleading.

(e) The Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

(f) The Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable, as determined in Company’s sole discretion.

(g) The Contributions do not ridicule, mock, disparage, intimidate, or abuse any person.

(h) The Contributions are not used to harass or threaten any other person or to promote violence against a specific person or class of people.

(i) The Contributions do not violate any applicable law, regulation, or rule.

(j) The Contributions do not violate the privacy or publicity rights of any third party.

(k) The Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.

(l) The Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

(m) The Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

8.3 Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of User’s right to use the Services.

8.4 The information presented on or through the Services is made available solely for general information purposes. Company does not guarantee the accuracy, completeness, or usefulness of this information and all information is provided “AS IS”. Any reliance User places on such information is strictly at User’s own risk. Company hereby expressly disclaims all liability and responsibility arising from any reliance placed on such materials by User or any third parties, or by anyone who may be informed of any of its contents.

8.5 To maintain a safe and respectful marketplace, Company provides in-app features that allow User to flag or report inappropriate Contributions and block abusive users. Company reserves the right, but has no obligation, to investigate reported Contributions or users and take appropriate action, including the immediate removal of content or suspension of the offending user’s account without notice.

9. CONTRIBUTION LICENSE

9.1 By posting User Contributions to any part of the Services, User automatically grants, and User represents and warrants that he, she, or it has the right to grant and does grant to Company an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute his, her, or its Contributions (including, without limitation, User’s image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, and grant and authorize sublicenses of the foregoing. Company’s use and distribution may occur in any media format and through any media channels. This license will apply to any form, media, or technology now known or hereafter developed, and includes Company’s use of User’s name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images User provides. User hereby waives all moral rights in his, her, or its Contributions, and User warrants that moral rights have not otherwise been asserted in his, her, or its Contributions.

9.2 Company does not assert any ownership over User’s Contributions and User retains full ownership of all of his, her, or its Contributions and any intellectual property rights or other proprietary rights associated therewith. Notwithstanding the foregoing, Company shall have a non-exclusive, perpetual, worldwide license to use, process, analyze, and transform the Contributions for any purpose, subject to applicable laws and regulations, and shall own all derivative contributions, insights, models, or other outputs created by enriching, transforming, analyzing, or combining the Contributions with Company’s own data. In no event, shall Company be liable for any statements or representations in User’s Contributions. User is solely responsible for his, her, or its Contributions and User expressly agrees to exonerate, indemnify, defend, and hold Company harmless from any and all responsibility and to refrain from any legal action against Company regarding his, her, or its Contributions.

9.3 Company has the right, in its sole and absolute discretion, (a) to edit, redact, or otherwise change any Contributions; (b) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (c) to pre-screen or delete any Contributions at any time and for any reason, without notice. Company has no obligation to monitor User Contributions and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, Company shall not have liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. Further, Company shall have no liability or responsibility to any person for performance or nonperformance of the activities described in this Section 9.

10. GUIDELINES FOR REVIEWS

10.1 Company may provide User areas on the Services to leave reviews or ratings. When posting a review, User must comply with the following criteria: (a) User shall have firsthand experience with the person/entity being reviewed; (b) User’s reviews shall not contain offensive profanity, or abusive, racist, offensive, or hateful language; (c) User’s reviews shall not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (d) User’s reviews must not contain references to illegal activity; (e) User shall not be affiliated with competitors if posting negative reviews; (f) User shall not make any conclusions as to the legality of conduct; (g) User shall not post any false or misleading statements; (h) User shall not organize a campaign encouraging others to post reviews, whether positive or negative; and (i) User shall clearly and conspicuously disclose any material connection, financial incentive, or compensation received in exchange for posting a review, in strict compliance with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising.

10.2 User shall ensure that he, she, or it has the necessary usage rights for any images before uploading them as Contributions. Images or photos showing other people shall only be uploaded if those individuals have given their written consent. If User desires to use pictures taken by someone else, User shall also obtain that person’s consent.

10.3 Company may accept, reject, or remove reviews in its sole and absolute discretion. Company has no obligation to screen reviews or to delete reviews. Reviews are not endorsed by Company, and do not necessarily represent Company’s opinions or the views of any of its affiliates or partners. Company does not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, User hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to review.

11. MOBILE APPLICATION LICENSE

11.1 If User accesses the Services via the App, then Company grants User a revocable, non-exclusive, non-transferable, limited right to install and use the App on wireless electronic devices owned or controlled by User, and to access and use the App on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Legal Terms. User shall not: (a) except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the App; (b) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the App; (c) violate any applicable laws, rules, or regulations in connection with User’s access or use of the App; (d) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by Company or the licensors of the App; (e) use the App for any revenue-generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended; (f) make the App available over a network or other environment permitting access or use by multiple devices or users at the same time; (g) use the App for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the App; (h) use the App to send automated queries to any website or to send any unsolicited commercial email; or (i) use any proprietary information or any of Company’s interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the App.

11.2 The following terms apply when User uses the App obtained from either the Apple Store or Google Play (each, an “App Distributor”) to access the Services: (a) the license granted to User for the App is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service; (b) Company is responsible for providing any maintenance and support services with respect to the App as specified in the terms and conditions of this mobile application license contained in these Legal Terms or as otherwise required under applicable law, and User hereby acknowledges that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the App; (c) in the event of any failure of the App to conform to any applicable warranty, User may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the App, and to the maximum extent permitted by applicable law, User acknowledges and agrees that the App Distributor will have no other warranty obligation whatsoever with respect to the App; (d) User represents and warrants that (i) he, she, or it is not located in a country that is subject to a US government embargo, or that has been designated by the US government as a “terrorist supporting” country and (ii) he, she, or it is not listed on any US government list of prohibited or restricted parties; (e) User must comply with applicable third-party terms of agreement when using the App, e.g., if User have a VoIP application, then User must not be in violation of their wireless data service agreement when using the App; and (f) User acknowledges and agrees that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Legal Terms, and that each App Distributor has the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Legal Terms against User as a third-party beneficiary thereof.

12. THIRD-PARTY WEBSITES, CONTENT, AND ADVERTISERS

12.1 The Services may contain (or User may be sent via the App) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Company, and in no event shall Company be responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by Company. If User decides to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, User does so at User’s own risk, and User should be aware these Legal Terms no longer govern. User should review the applicable terms and policies, including privacy and data gathering practices, of any website to which User navigates to from the Services or relating to any applications User uses or installs from the Services. Any purchases User makes through Third-Party Websites will be through other websites and from other companies, and in no event shall Company have any responsibility in relation to such purchases which are exclusively between User and the applicable third party. User hereby agrees and acknowledges that Company does not endorse the products or services offered on Third-Party Websites and User shall indemnity and hold Company harmless from any harm caused by User’s purchase of any products or services therein. Additionally, User shall have no claim against Company relating to or arising from any losses sustained by User or harm caused to User relating to or resulting in any way from any Third-Party Content or any Third-Party Websites.

12.2 Company allows advertisers to display their advertisements and other information in certain areas of the Services, such as sidebar advertisements or banner advertisements. Company has no control over the contents of those sites or resources and shall have no responsibility for them or for any loss or damage that may arise from User’s use, view, or interaction of or with them.

13. SERVICES MANAGEMENT

Company reserves the right, but not the obligation, to: (a) monitor the Services for violations of these Legal Terms; (b) take appropriate legal action against anyone who, in our sole and absolute discretion, violates the law or these Legal Terms, including without limitation, reporting any such user to law enforcement authorities; (c) in Company’s sole and absolute discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of User’s Contributions or any portion thereof; (d) in Company’s sole and absolute discretion and without limitation, notice, or liability, remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to Company’s systems; and (e) otherwise manage the Services in a manner designed to protect Company’s rights and property and to facilitate the proper functioning of the Services.

14. PRIVACY POLICY AND DATA USE

14.1 To operate the Services and facilitate transactions between Landowners and Hunters, Company collects various types of information, including: (a) personal information provided by User, such as name, email address, phone number, physical address, date of birth, and government-issued identification (where required for verification or tax purposes); (b) financial information, such as payment card details, bank routing numbers, and transaction history, which is processed by our third-party payment processors; (c) location data, including precise geolocation data if User grants the App permission to access it, to show relevant properties and verify hunt boundaries; (d) User-generated content, including photos, property details, reviews, and messages sent through the App; and (e) automatically collected data, such as IP addresses, device identifiers, operating systems, and App usage statistics.

14.2 Company uses the collected information to: (a) create and maintain user accounts; (b) facilitate property listings, bookings, and payments between Landowners and Hunters; (c) communicate with User regarding account updates, transactional notices, and customer support; (d) monitor for fraud, spam, and safety violations to protect our marketplace; (e) improve, optimize, and debug the Services; and (f) comply with applicable legal obligations, including tax reporting and law enforcement requests.

14.3 To the fullest extent permitted by applicable law, Company reserves the right to use, share, and monetize User’s information for its business purposes. Company may create, license, and sell aggregated, de-identified, or anonymized data (such as general market trends, pricing analytics, and regional hunting statistics) to third parties for commercial purposes. However, to comply with mobile platform policies, Company explicitly does not sell User’s precise geolocation data or sensitive financial information to third-party data brokers. In addition to the foregoing, Company may share User’s information in the following circumstances: (a) between users: when a hunt is booked, Company will share necessary details between the specific Hunter and Landowner to facilitate the transaction; (b) service providers: Company may share data with third-party vendors who perform services on our behalf; (c) legal and safety: Company may disclose information if required by law, subpoena, or court order, or to protect the rights, property, or safety of Company, our users, or the public; and (d) corporate transfers: in the event of a merger, acquisition, reorganization, or sale of assets, User’s data may be transferred to the acquiring or surviving entity.

14.4 State consumer privacy and data security laws provide their residents with specific rights regarding their personal information. Depending on User's state of residence (including but not limited to California, Virginia, Colorado, Connecticut, Utah, Texas, Oregon, Montana, Tennessee, Indiana, Delaware, Iowa, Florida, Massachusetts, New York, Nevada, Illinois, Washington, and Maryland), User may have the right to request access to his, her, or its data, request deletion of his, her, or its data, and strictly opt-out of the sale or sharing of his, her, or its personal information for cross-context behavioral advertising. If User desires to exercise his, her, or its right to opt-out of the sale or sharing of their personal data, or exercise any other statutory privacy right, must submit a verifiable request to team@daylightbucks.com or utilize the opt-out mechanisms provided within the App. Company will not discriminate against User for exercising such statutory privacy right.

15. COPYRIGHT INFRINGEMENTS

15.1 Company respects the intellectual property rights of others. If User believes, in good faith, that any material available on or through the Services infringes upon any copyright User owns or controls, User shall immediately notify Company using the contact information provided in these Legal Terms (a “Notification”). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. (“DMCA”), the written notice shall include the following:

(a) User’s physical or electronic signature;

(b) Identification of the copyrighted work User believes to have been infringed or, if the claim involves multiple works on the Services, a representative list of such works;

(c) Identification of the material User believes to be infringing in a sufficiently precise manner to allow Company to locate that material;

(d) Adequate information by which we can contact User (including User’s, mailing address, telephone number, and, if available, email address);

(e) A statement that User has a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;

(f) A certification that the information in the written notice is accurate; and

(g) A statement, under penalty of perjury, that User is, or is authorized to act on behalf of, the copyright owner.

15.2 Our designated copyright agent to receive DMCA Notices is: Jared Sigler.

15.3 A copy of User’s Notification will be sent to the person who posted or stored the material addressed in the Notification. Pursuant to applicable law, User may be held liable for damages if User makes material misrepresentations in a Notification.

15.4 In appropriate circumstances, Company may disable and/or terminate the accounts of users who are repeat infringers.

16. TERM AND TERMINATION

16.1 These Legal Terms shall remain in full force and effect while User uses the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, COMPANY RESERVES THE RIGHT TO, IN ITS SOLE AND ABSOLUTE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE LEGAL TERMS OR ANY APPLICABLE LAW OR REGULATION. COMPANY MAY TERMINATE USER’S USE OR PARTICIPATION IN THE SERVICES OR DELETE USER’S ACCOUNT AND ANY CONTENT OR INFORMATION THAT USER POSTED AT ANY TIME, WITHOUT WARNING, IN COMPANY’S SOLE AND ABSOLUTE DISCRETION.

16.2 In the event Company terminates or suspends User’s account for any reason, User is prohibited from registering and creating a new account under User’s name, a fake or borrowed name, or the name of any third party, even if User may be acting on behalf of the third party. In addition to terminating or suspending User’s account, Company reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

17. MODIFICATIONS AND INTERRUPTIONS

17.1 Company reserves the right to change, modify, or remove the contents of the Services at any time or for any reason in its sole and absolute discretion without notice. Notwithstanding the foregoing, Company has no obligation to update any information on the Services. Company also reserves the right to modify or discontinue all or part of the Services without notice at any time. In no event shall Company be liable to User or any third party for any modification, price change, suspension, or discontinuance of the Services.

17.2 Company does not guarantee the Services will be available at all times. User hereby acknowledges that the Services may experience hardware, software, or other problems or need maintenance, resulting in interruptions, delays, or errors. Company reserves the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to User. User agrees that Company shall have no liability whatsoever for any loss, damage, or inconvenience arising from User’s inability to access or use the Services. Nothing in these Legal Terms shall be construed to as an obligation requiring Company to maintain or support the Services or to supply any corrections, updates, or releases in connection therewith.

18. GOVERNING LAW

These Legal Terms and User use of the Services are governed by and construed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of law principles.

19. DISPUTE RESOLUTION

Any legal action arising out of or in connection with the Services shall be commenced or prosecuted in the state and federal courts located in Jefferson County, Kentucky, and User and Company hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Legal Terms. In no event shall any claim, action, or proceeding related in any way to the Services be commenced more than one (1) year after the cause of action arose. USER AND COMPANY EACH HEREBY EXPRESSLY AND UNCONDITIONALLY WAIVES, IN CONNECTION WITH ANY SUIT, ACTION, OR PROCEEDING BROUGHT UNDER, RELATING TO, OR IN CONNECTION WITH THE SERVICES, ANY AND EVERY RIGHT IT MAY HAVE TO A TRIAL BY JURY. ADDITIONALLY, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, USER AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVELY, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

20. CORRECTIONS

There may be information on the Services that contain typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. Company has the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

21. DISCLAIMER

21.1 THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. USER AGREES THAT USER’S USE OF THE SERVICES WILL BE AT USER’S SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND USER’S USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES AND COMPANY HAS NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM USER’S ACCESS TO AND USE OF THE SERVICES, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF COMPANY’S SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN USER AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT INCLUDING WITHIN THE SERVICES, USER SHOULD USE USER’S BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21.2 User hereby acknowledges and agrees that participating in hunting activities, entering land owned or controlled by third parties, and using firearms, bows, or other weapons involve inherent risks of severe physical injury, illness, disability, property damage, and death. User voluntarily assumes all risks associated with accessing any property or participating in any hunt booked or facilitated through the Services. User hereby forever releases, waives, and discharges Company, its officers, directors, members, managers, employees, and agents from any and all claims, liabilities, demands, or causes of action arising out of or related to any personal injury, death, or property damage sustained in connection with the Services or any hunt organized through the App. If User is a California resident, User hereby waives California Civil Code Section 1542, as amended, which, as of August 2026, states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” User similarly waives any similar rights under the laws of any other jurisdiction.

22. LIMITATIONS OF LIABILITY

IN NO EVENT SHALL COMPANY OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM OR RELATING TO USER’S USE OF THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THESE LEGAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, COMPANY’S LIABILITY TO USER FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF (A) TEN THOUSAND DOLLARS ($10,000) OR (B) THE AMOUNT PAID, IF ANY, BY USER DIRECTLY TO COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO THE LIABILITY.

23. INDEMNIFICATION

In addition to its other indemnification obligations set forth in these Legal Terms, User hereby agrees to defend, indemnify, and hold Company harmless, including its subsidiaries, affiliates, and all of the respective officers, members, managers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) User’s Contributions; (b) User’s use of the Services; (c) User’s breach of these Legal Terms; (d) any breach of User’s representations and warranties set forth in these Legal Terms; (e) User’s violation of the rights of a third party, including but not limited to intellectual property rights; (f) any overt harmful act toward any other user of the Services with whom User connected via the Services; (g) User’s negligence, recklessness, or willful misconduct; or (h) any unauthorized disclosure or misuse of any Confidential Information. Notwithstanding the foregoing, Company reserves the right, at User’s sole expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Company, and User agrees to cooperate, at User’s sole expense, with Company’s defense of such claims. In such an event, Company will use reasonable efforts to notify User of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

24. USER DATA

Company will maintain certain data that User transmits to or under the Services for the purpose of managing the Services, as well as data relating to User’s use of the Services. Although Company performs regular routine backups of such data, User is solely responsible for all data that User transmits or that relates to any activity User has undertaken using the Services. User hereby agrees that Company shall have no liability to User for any loss or corruption of any data, and User hereby waives any right of action against Company arising from or relating to any such loss or corruption of data. Subject to the limitations set forth in Section 14, Company shall be free to use, share, disseminate, or otherwise alter any data it maintains.

25. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Services, sending Company emails, and completing online forms constitute electronic communications. User consents to receive electronic communications, and User agrees that all agreements, notices, disclosures, and other communications by Company provided to User electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. USER HEREBY AGREES TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY COMPANY OR VIA THE SERVICES. User hereby waives any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of hunts by any means other than electronic means.

26. SMS TEXT MESSAGING

26.1 By opting into any Company-provided text messaging program, User expressly consents to receive text messages (SMS) to User’s mobile number. Such text messages may include: account alerts.

26.2 If at any time User desires to stop receiving SMS messages from Company, simply reply to the text with “STOP.” User may receive an SMS message confirming User’s choice to opt out. Thereafter, User will no longer receive SMS messages from Company. If User desires to join such text messaging program again, User shall sign up the same way he, she, or it did the first time, and SMS messages will start being sent to User again.

26.3 Message and data rates may apply to any SMS messages sent or received. The rates are determined by User’s carrier and the specifics of User’s mobile plan. Carriers are not liable for delayed or undelivered messages. If User has any questions about User’s text plan or data plan, User shall contact User’s wireless provider.

26.4 If User has any questions or needs assistance regarding SMS communications, User shall reply with the keyword HELP.

27. FORCE MAJEURE

In no event, shall Company be responsible for delays or failure of performance resulting from acts beyond its reasonable control including, but not limited to, digital attacks, acts of God, strikes, walkouts, labor or material shortages, riots, acts of war, acts of terrorism, epidemics, governmental regulations, power or communications failures, earthquakes, or other disasters (each, a “Force Majeure Event”). Upon the occurrence of a Force Majeure Event, Company shall be excused from any further performance of its obligations affected by the Force Majeure Event for so long as the event continues.

28. CONFIDENTIALITY.

28.1 As used in these Legal Terms, “Confidential Information” shall mean any non-public, proprietary, confidential, or otherwise sensitive information, whether oral, written, digital, or in any other form, whether or not such information is marked, designated, or otherwise identified as “confidential”. Confidential Information does not include information that: (a) is or becomes publicly available through no fault or unauthorized conduct of User or Company, as applicable; (b) was lawfully known to User or Company, as applicable, prior to disclosure; (c) is disclosed to User or Company, as applicable, by a third party legally entitled to make such disclosure; or (d) is independently developed by User or Company, as applicable, without use of or reference to the User’s or Company’s, as applicable, Confidential Information.

28.2 User shall maintain the confidentiality of their account credentials and is strictly prohibited from sharing passwords or granting access to the Services to any third party. User is solely responsible for any and all activity occurring under their account and shall promptly notify Company of any unauthorized access to or use of their account.

29. ATTORNEYS FEES

In the event that any action, suit, or other legal or administrative proceeding is instituted or commenced by either party hereto against the other party arising out of or related to these Legal Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees.

30. MISCELLANEOUS

These Legal Terms and any policies or operating rules posted by Company on the Services or in respect to the Services constitute the entire agreement and understanding between User and Company. Company’s failure to exercise or enforce any right or provision of these Legal Terms shall not operate as a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. Company may assign any or all of its rights and obligations to others at any time. Company shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond Company’s reasonable control. If any provision or part of a provision of these Legal Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Legal Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between User and Company as a result of these Legal Terms or use of the Services. User agrees that these Legal Terms will not be construed against Company by virtue of having drafted them. User hereby waives any and all defenses User may have based on the electronic form of these Legal Terms and the lack of signing by the parties hereto to execute these Legal Terms. The expiration or earlier termination of these Legal Terms shall not affect any rights or obligations that, by their nature, are intended to survive. Without limitation, the following provisions shall survive termination or expiration of these Legal Terms: Data Privacy and Security, Confidentiality, Data Ownership, Liability, Indemnification, and any other provisions by which its terms or context is intended to survive.

31. CONTACT US

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Daylight Bucks, LLC

4500 Clarks River Rd,

Paducah, KY 42003

United States

Phone: (+1)270-349-6566