Terms of Service

Effective Date: June 3, 2026

Welcome to Provision. Please read on to learn the rules and restrictions that govern your use of our website(s) (the "Site"). If you have any questions, comments, or concerns regarding these terms or the Site, please contact us at privacy@joinprovision.com.

These Terms of Use (the "Terms") are a binding contract between you and Provision Technologies PBC ("Provision," "we" and "us"). Your use of the Site in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Site. These Terms include the provisions in this document as well as those in the Privacy Policy. Your use of or participation in our products, services and applications ("Services") will be subject to our Terms of Service.

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SITE IS SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SITE IN ANY MANNER. These Terms do not govern the use of the hosted application or other services (the "Service") operated by Provision. If you are accessing or using the Service then you are subject to the Terms of Service between you and Provision or such other written contract as may be separately agreed and signed between you and Provision.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION AGREEMENT SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Will These Terms Ever Change?

We are constantly trying to improve our Site, so these Terms may need to change along with our Site. We reserve the right to change the Terms at any time, but if we do, we will update the Terms available to all users, and indicate the Effective Date of the updated Terms. If you don't agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Site. If you use the Site in any way after a change to the Terms is effective, that means you agree to all of the changes.

What About My Privacy?

Provision takes the privacy of its users very seriously. For the current Provision Privacy Policy, please see our Privacy Policy page.

Children

The Site and Services are intended for businesses and the professionals who use them on a business's behalf, and are not directed to, marketed to, or intended for use by individuals under 18 years of age. We do not knowingly collect or solicit personal information from anyone under 18 years of age. If you are under 18 years of age, please do not attempt to register for or otherwise use the Site or Services or send us any personal information. If we learn we have collected personal information from a person under 18 years of age, we will delete that information as quickly as possible. If you believe that a person under 18 years of age may have provided us personal information, please contact us at privacy@joinprovision.com.

What Are the Basics of Using Provision?

You represent and warrant that you are an individual of legal age to form a binding contract. If you're agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization's or entity's behalf and bind them to these Terms. You will only use the Site in a manner that complies with all laws that apply to you. If your use of the Site is prohibited by applicable laws, then you aren't authorized to use the Site. As part of the Site, you may receive communications through the Site, including messages that Provision sends you (for example, via email). When providing us with your email address on the Site, you will receive a welcome message and instructions on how to stop receiving messages.

Site Restrictions

You represent, warrant, and agree that you will not provide or contribute anything, including any Content, to the Site, or otherwise use or interact with the Site, in a manner that: infringes or violates the intellectual property rights or any other rights of anyone else (including Provision); violates any law or regulation, including any applicable export control laws, privacy laws or any other purpose not reasonably intended by Provision; is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; impersonates any person or entity, or falsely states or misrepresents your affiliation with a person or entity; attempts to obtain the password, account, or other security information from any other user; violates the security of any computer network, or cracks any passwords or security encryption codes; introduces any viruses, malware, worms, Trojan horses, or other harmful code to the Site; runs Maillist, Listserv, any form of auto-responder or "spam" on the Site, or any processes that otherwise interfere with the proper working of the Site; crawls, scrapes, or spiders any page, data, or portion of the Site or Content; copies or stores any significant portion of the Content; uses any automated system to access the Site in a manner that sends more request messages to our servers than a human could reasonably produce in the same period; circumvents, disables, or interferes with security-related features of the Site; or decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas of the Site. A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

What Are My Rights on This Site?

All materials on this Site, including text, graphics, photos, images, articles, and other content (collectively, "Content"), are protected by copyright and other intellectual property laws. When you use this Site, you agree to respect all copyright notices and trademark rules; not use, copy, reproduce, modify, publish, distribute, sell, or exploit any Content you don't own without permission from the owner; and not use any Content in a way that violates someone else's rights, including ours.

What you can do: We give you permission to view and download Content solely for your personal use of the Site and to learn about our Services. Any other use, reproduction, modification, distribution, or storage of Content requires our written permission.

What you can't do: You may not modify, publish, sell, reproduce (beyond personal viewing), or create derivative works from any part of the Site. Provision owns the Site and all its Content unless otherwise noted.

Who Is Responsible for What I See and Do on the Site?

Your Content: You are responsible for all Content you contribute to the Site in any manner. You represent and warrant that you have all necessary rights to contribute such Content.

Third-Party Links and Services: The Site may contain links to third-party websites or services that Provision does not own or control. When you access these third-party sites or services, you do so at your own risk. Provision has no control over and assumes no responsibility for the content, accuracy, privacy policies, practices, or opinions of any third-party websites or services. By using the Site, you release Provision from any liability arising from your use of third-party websites or services.

Third-Party Interactions: Your interactions with organizations or individuals found through the Site are solely between you and those third parties. Provision is not responsible or liable for any loss or damage resulting from such dealings.

Disputes: If a dispute arises between Site users, or between you and any third party, Provision has no obligation to become involved. You release Provision, its directors, officers, employees, agents, and successors from all claims, demands, and damages arising from such disputes or related to the Site. YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542 (or any similar law in other jurisdictions), which 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."

Will Provision Ever Change the Site?

We're always improving our Site, so it may change over time. We may suspend or discontinue any part of the Site, or introduce new features or impose limits on certain features or restrict access to parts of the Site. We reserve the right to remove any Content from the Site at any time, for any reason, in our sole discretion, and without notice.

What If I Want to Stop Using the Site?

Your Right to Stop: You may stop using the Site at any time. Please refer to our Privacy Policy and the licenses above to understand how we treat information you've provided after you stop using the Site.

Our Right to Terminate: Provision may also terminate or suspend your access to the Site at any time for any reason, including if you breach these Terms. Provision has sole discretion to determine whether you've violated these Terms.

What Happens After Termination: Certain provisions of these Terms will survive termination, including your obligations to pay us or indemnify us; limitations on our liability; terms regarding ownership and intellectual property rights; and dispute resolution terms, including the arbitration agreement.

Warranty Disclaimer

Provision and its licensors, suppliers, partners, parent, subsidiaries or affiliated entities, and each of their respective officers, directors, members, employees, consultants, contract employees, representatives and agents, and each of their respective successors and assigns (Provision and all such parties together, the "Provision Parties") make no representations or warranties concerning the Site, including any Content contained in or accessed through the Site. THE SITE AND CONTENT ARE PROVIDED BY PROVISION (AND ITS LICENSORS AND SUPPLIERS) ON AN "AS-IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, PROVISION PARTIES WILL NOT BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, (C) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF ONE-HUNDRED ($100) DOLLARS OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL OR CERTAIN OTHER DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS APPLIES UNDER ANY LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE.

Indemnity

You agree to indemnify and hold the Provision Parties harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys' fees) arising from or in any way related to any claims relating to (a) your use of the Site, and (b) your violation of these Terms.

Assignment

You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Site account, in any way (by operation of law or otherwise) without Provision's prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.

Choice of Law

These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of Delaware, without regard to the conflicts of laws provisions thereof.

Arbitration Agreement

PLEASE READ CAREFULLY: This section requires you to arbitrate disputes with Provision and limits how you can seek relief. Both you and Provision agree that Provision's officers, directors, employees, and independent contractors ("Personnel") are third-party beneficiaries of these Terms. This means Personnel can enforce these Terms against you.

(a) How Disputes Are Resolved. Before starting arbitration, both parties must first try to resolve disputes through good-faith negotiations. If negotiations fail, the dispute will be settled by binding arbitration in Wilmington, Delaware, using the JAMS Streamlined Arbitration Rules and Procedures. The arbitration will be conducted in English, use one commercial arbitrator experienced in intellectual property and commercial contract disputes, and result in a decision that can be enforced in any court with proper jurisdiction. Before initiating arbitration, the party seeking resolution must send a written Notice of Dispute to the other party. If you are notifying Provision, send to privacy@joinprovision.com. If Provision is notifying you, we'll use your account contact information. The other party has 10 business days to respond. If both parties engage in negotiations but don't resolve the dispute within 30 days of the Notice, either party may proceed to arbitration.

(b) Who Pays for Arbitration. The JAMS Rules determine how arbitration fees are paid.

(c) Small Claims Court and Intellectual Property. Either party may bring qualifying claims in small claims court in Wilmington, Delaware, or proceedings can be conducted remotely. Either party can seek injunctive or equitable relief in any competent court to prevent infringement, misappropriation, or violation of intellectual property rights.

(d) No Jury Trial. YOU AND PROVISION WAIVE YOUR RIGHTS TO A COURT TRIAL BEFORE A JUDGE OR JURY. If there's litigation over whether to vacate or enforce an arbitration award, YOU AND PROVISION WAIVE ALL RIGHTS TO A JURY TRIAL; a judge will decide instead.

(e) No Class Actions. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY—NOT AS A CLASS ACTION. If this waiver is found invalid or unenforceable, then neither party is entitled to arbitration, and all claims will be resolved in court as described in section (g) below. Neither party may bring claims as part of a collective, coordinated, consolidated, or mass arbitration.

(f) How to Opt Out. You can opt out of this arbitration agreement by sending written notice within 30 days of first accepting these Terms to privacy@joinprovision.com, including your name and residence address, the email address and/or phone number associated with your account, and a clear statement that you want to opt out of the arbitration agreement.

(g) Court Venue. If you opt out or if circumstances allow court litigation, any judicial proceeding (except small claims actions) must be brought in the state or federal courts located in the State of Delaware.

(h) Severability. If the prohibition against class actions is found unenforceable, this entire Arbitration Agreement section becomes null and void. This arbitration agreement survives even after your relationship with Provision ends.

(i) Confidentiality. The existence and all information regarding any arbitration will be held in strict confidence by both parties, except as reasonably necessary to conduct the arbitration or enforce any award.

(j) Prevailing Party Costs. The prevailing party in arbitration is entitled to recover reasonable attorney fees, expert witness fees, and out-of-pocket costs.

Miscellaneous

You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Site, provided that Provision may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect. You and Provision agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Provision, and that these Terms supersede and cancel all previous written and oral agreements relating to the subject matter of these Terms. You acknowledge and agree that you are not an employee, agent, partner, or joint venture of Provision. Except as expressly set forth in the section above regarding the arbitration agreement, you and Provision agree there are no third-party beneficiaries intended under these Terms.