Terms of Service

The website located at www.lettucecare.com (the “Website”) and the Lettuce mobile application (together with the Website, the “Platform”) are operated by Lettuce Inc. and our corporate affiliates (“Lettuce” or “we”, “us” or “our”). These terms of service (these “Terms of Service”) set forth the general terms and conditions of your use of the Platform and the services offered therefrom (the “Services”).

BY USING THE PLATFORM OR THE SERVICES OR BY CLICKING TO ACCEPT THESE TERMS OF SERVICE, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE IN ALL RESPECTS. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MUST NOT ACCESS OR USE THE PLATFORM OR THE SERVICES.

1. Services

Lettuce provides unsecured consumer financing for healthcare and healthcare adjacent services. Lettuce funds and acts as the lender of record for all financing offered from the Platform. If Lettuce grants you financing, such financing shall be governed by the terms and conditions contained in a separate loan agreement between us and you (a “Loan Agreement”). Any terms presented to you prior to entering into a Loan Agreement are indicative only and are subject to change based on final underwriting and verification. All applications for financing are subject to approval by Lettuce based on its credit policies and applicable law, and Lettuce is under no obligation to extend credit to any applicant. Lettuce does not provide healthcare or healthcare-adjacent services, does not endorse any service provider, and is not responsible or liable for the quality, safety, legality, efficacy, or outcomes of any services financed through the Platform.

2. Data Authorization

• Credit Information Authorization. By applying for credit through the application, you consent to Lettuce obtaining consumer reports and other credit information (collectively, “Credit Information”) from one or more consumer reporting agencies. This constitutes a “soft” inquiry and will not affect your credit score. If you choose (or, if you are a co-signor, the primary borrower chooses) to proceed with a financing offer greater than $17,500 from Lettuce by requesting a Loan Agreement, you consent to Lettuce obtaining your Credit Information through a “hard” credit inquiry, which may affect your credit score. You further authorize Lettuce to obtain updated Credit Information on an ongoing basis in connection with the servicing and collection of any loan or account.

• Bank Account and Transaction Data Authorization. You acknowledge and agree that, where you choose to link or otherwise provide access to your bank or financial account(s), you authorize Lettuce and its service providers, including data aggregation service providers (such as Plaid or Prism), to collect and process information from such account(s), including your account balances, transaction history, and information with respect to mortgage payments and other expenses (collectively, “Financial Account Information”). You acknowledge that you are responsible for ensuring that you have the authority to provide access to such account(s).

• Permitted Purposes. You acknowledge and agree that we may collect and process your Credit Information and Financial Account Information for the following purposes: (i) to verify your identity and authenticate your financing application; (ii) to assess your creditworthiness and make credit decisions; (iii) to develop and use internal proprietary automated models, analytics, and risk scores (including assigning you a proprietary risk score); (iv) the ongoing administration, servicing, and collection of your loan or account; and (v) compliance with legal and regulatory requirements, including fraud prevention. You further authorize us to verify your Credit Information, Financial Account Information or any other information provided by you with third parties, including financial institutions, credit reporting agencies, and other service providers, as reasonably necessary for the purposes described above. We will treat all Credit Information and Financial Account Information as personal information in accordance with our Privacy Policy (as defined below).

3. Accounts

• Account Creation. You are required to create an account (an “Account”) to use the Services. You may only create one Account and you agree not to allow any third party to use your Account or to use your Account on behalf of any third party. It is a condition of your use of the Services that any information you submit in connection with the creation or updating of your Account or verification by us of your identity (“Registration Data”) is correct, current and complete. Lettuce may verify your identity and the information you provide, including by making reasonable enquiries directly or through third parties, as necessary for the purposes described in Section 2.3. You agree to promptly update your information if it becomes inaccurate, incomplete or out of date. Failure to provide requested information or cooperate with verification may result in refusal of your application or suspension or termination of your access to the Services. All Registration Data will be treated as personal information in accordance with our Privacy Policy.

• Representations. By creating and using an Account, you represent and warrant to Lettuce that: (i) if you are an individual, that you are at least 18 years old, and have the legal capacity to enter into binding agreements; (ii) if you are an entity, that you are validly existing and have the legal capacity and all necessary authorizations to enter into these Terms of Service; (iii) all Registration Data is correct, current and complete; (iv) you do not have an existing Account, and have not previously been suspended or removed from the Platform; (v) you are a resident of, and physically located in, Canada while using the Platform and the Services; and (vi) you will comply with these Terms of Service. You further covenant that you will not use the Platform for any fraudulent, unlawful, or unauthorized purpose.

• Account Security. Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that your Account is personal to you and you agree not to provide any other person with access (including partial access) to the Platform or the Services using your Account. You agree to notify us immediately of any unauthorized access to or use of your Account or any other breach of security. You also agree to ensure that you logout from your Account at the end of each session. You are solely responsible for any password misuse or any unauthorized access to your Account. We reserve the right at any time and from time to time, to disable or terminate your Account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion.

4. Privacy and Security.

You consent to the collection, use and disclosure of your personal information in compliance with our privacy policy found at www.lettucecare.com/privacy (our “Privacy Policy”) as reasonably necessary to provide the Platform and the Services and as otherwise described in our Privacy Policy or permitted by applicable law. The Privacy Policy is hereby incorporated by reference herein.

It is possible that Lettuce, its affiliates or their respective assets may be acquired or transferred as part of a merger, acquisition or other change of control transaction. You understand that your personal information (including Registration Data) may be disclosed and transferred to the succeeding entity or proposed succeeding entity in connection with such a transaction or proposed transaction and hereby consent to such transfer.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information (including Registration Data) transmitted to us. Any transmission of personal information (including Registration Data) is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform.

You may contact us using the information set out under the heading “Contact Us” to discuss any questions or concerns related to the Privacy Policy, how your information is being handled, or to request that your personal information be revised or removed from our promotional list.

5. Intellectual Property

Rights and Ownership. You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Lettuce, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by Lettuce. Any use of the Platform not expressly permitted by these Terms of Service is a breach of these Terms of Service and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Notwithstanding anything else in these Terms of Service, “Lettuce”, the Lettuce logo and design and all related names, logos, product and service names, designs, images, and slogans are trademarks of Lettuce or its affiliates or licensors. You must not use such marks without the prior written consent of Lettuce.

Subject to these Terms of Service, you are granted a non-exclusive, non-transferable, non- sublicensable, revocable, limited right and license to use the Platform and the Services for your own personal and noncommercial use. You are also granted a limited, non-exclusive right to create a hyperlink to the homepage of the Website, provided that you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a hyperlink in such a way as to suggest any form of association, approval, or endorsement on our part where none exists and you must not frame our Platform on any other site. Other than as set out in this paragraph, nothing in these Terms of Service gives you any licence, right, title, or ownership of, in, or to the Platform or the Services. You may not use the Platform or the Services without our prior written consent except as explicitly contemplated by these Terms of Service.

Without limiting the generality of the foregoing, you shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, in any form or medium whatsoever except: (a) your computer and browser may temporarily store or cache copies of materials being accessed and viewed; and (b) a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non- commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever.

6. Geographic Restrictions

The owner of the Platform is based in Ontario, Canada. We provide the Platform and the Services for use only by persons located in Canada. The Platform and the Services are not intended for use in any jurisdiction where their use is not permitted. If you access
the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

7. Third-Party Websites

For your convenience, the Platform may provide links or pointers to third- party sites. We make no representations about any other websites that may be accessed from the Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

8. No Reliance

The content on the Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Platform.

We make no representations, warranties, or guarantees, whether express or implied, that the content on the Platform is accurate, complete, or up to date. Your use of the content on the Platform and the Services is at your own risk and neither Lettuce nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the content on the Platform or the Services.

We may at any time without notice or liability decide to alter, amend, restrict, modify, or terminate the Platform or the Services or any functionality or portion of the Platform or the Services, all in our sole discretion, and you understand that there is no guarantee that the Platform or the Services or
any portion or functionality of them will continue to operateor be available for any particular period of time. We will not be liable if, for any reason, all or any part of the Platform is unavailable at any time or for any period.

9. DISCLAIMERS

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NEITHER LETTUCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE
PLATFORM OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER LETTUCE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH
THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE PLATFORM OR THE SERVERS THAT
MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL LETTUCE, ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS,
LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE, OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, AGGRAVATED, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OFWHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT SUCH PARTY HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY REMEDY OF ITS ESSENTIAL PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OF SERVICE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE FEES PAID BY YOU TO LETTUCE DURING THE ONE YEAR PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

11. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Lettuce, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Platform other than as expressly authorized in these Terms of Service.

12. Termination

Lettuce has the right, in its sole discretion, without provision of notice, to terminate or suspend your Account or these Terms of Service for any reason, including but not limited to, as a result of your violation of these Terms of Service or in connection with Lettuce’s compliance with applicable laws.

13. Governing Law

All matters relating to the Platform, the Services and these Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms of Service. Any action or proceeding arising out of or relating to the Platform, the Services or these Terms of Service will be instituted in the courts of the Province of Ontario, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

14. Waiver

No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms of Service operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

15. Conflict

If there is a conflict or inconsistency between any supplementary information on the Platform not explicitly included by reference into these Terms of Service (excluding any Loan Agreement), these Terms of Service shall prevail to the extent of such conflict or inconsistency.

16. Severability

If any term or provision of these Terms of Service is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service or invalidate or render unenforceable such term or provision in any other jurisdiction.

17. Entire Agreement

These Terms of Service, including any terms and conditions incorporated by reference herein, constitute the entire agreement between us and you with respect to your use of the Platform and the Services; provided that any financing made available to you shall be governed exclusively by the terms of any Loan Agreement entered into between you and Lettuce, and in the event of any inconsistency between these Terms of Service and a Loan Agreement, the Loan Agreement shall prevail. For clarity, nothing in these Terms of Service limits any rights or obligations arising under a Loan Agreement or applicable laws governing consumer credit.

18. Headings

The headings in these Terms of Service are inserted for reference only and do not affect the interpretation of these Terms of Service.

19. Notice

We can provide notices to you by personal delivery, mail (including registered mail), phone or by e-mail at the address, phone number or e-mail, as applicable, associated with your Account. If the contact information which you have provided us changes, you agree to promptly update such information associated with your Account.

20. Assignment

We may assign any or all of our rights and obligations under these Terms of Service to an affiliate or a purchaser of substantially all of our assets without your permission. If you want to assign these Terms of Service to anyone else, you will need our written consent to do so.

21. Amendments

We reserve the right in our sole discretion to revise and update these Terms of Service from time to time without further notice. If we do so, we will post the latest version of these Terms of Service on the Platform. Any and all such modifications are effective immediately upon posting or, where required by applicable law, upon notice to you, and your continued use of the Platform constitutes acceptance. You agree to periodically review these Terms of Service in order to be aware of any such modifications and your continued use of the Platform or the Services shall be your acceptance of these Terms of Service as revised. The date of the last revision or modification to these Terms of Service is set out at the top of these Terms of Service.

22. Survival

All provisions of these Terms of Service which by their nature extend beyond the expiration or termination of these Terms of Service, including, without limitation, limitations of liability, indemnities, and dispute resolution provisions, shall survive the termination or expiration of these Terms of Service.

23. Contact Us

You can contact us in respect of feedback, comments, requests for technical support and other communications relating to the Platform or the Services by phone at 1-888-8440 or by email at info@lettucecare.com.