TERMS AND CONDITIONS OF BERRY EARN

In force from: 01/08/2026]

NOTICE OF ACCEPTANCE: By activating Berry Earn on the Platform and checking the acceptance box, the User declares that they have read, understood and fully accepted these Terms and Conditions of Berry Earn (the “Earn T&C”). These Earn T&C supplement the General Terms and Conditions of the Platform (the “General T&C”) and Berry's Privacy Policy, without amending or replacing them. In the event of a conflict between these Earn T&C and the General T&C, these Earn T&C shall prevail solely with respect to Berry Earn.

THE USER ACKNOWLEDGES THAT ENROLLMENT IN BERRY EARN INVOLVES THE ASSUMPTION OF RISKS THAT MAY RESULT IN THE PARTIAL OR TOTAL LOSS OF THE ENROLLED DIGITAL DOLLARS.

These Earn T&C govern the conditions under which Berry Tech Inc. (“Berry”), a company incorporated and registered in the British Virgin Islands (BVI) under BVI Company Number 2142653, with registered office at OMC Chambers, Wickhams Cay 1, Road Town, Tortola, British Virgin Islands, makes available to the Users of the Platform the feature called “Berry Earn” (the “Program” or “Earn”).

Berry Earn allows the User who so decides to enroll their Digital Dollars available on the Platform in the Program, for the purpose of generating a daily yield on those balances, under the conditions and with the risks detailed in these Earn T&C.

Enrollment in Berry Earn is voluntary and requires express activation by the User. No balance of the User shall be directed to Berry Earn without their prior activation. The User may use all of the Services of the Platform without enrolling in the Program.

Once the Enrollment has taken place, all of the Digital Dollars that the User keeps available on the Platform shall be subject to the regime of these Earn T&C for as long as they remain there, in accordance with Article 3.4.

The Program is available only in those jurisdictions in which the Platform is enabled in accordance with the General T&C. Berry may restrict its availability in particular jurisdictions, at its sole discretion and without stating a reason.

For the purposes of these Earn T&C, the following terms shall have the meaning assigned to them below:

Terms not defined herein shall have the meaning given to them in the General T&C.

3.1. Voluntary nature of the Enrollment

Enrollment in Berry Earn takes place exclusively through the express activation of the Program by the User on the Platform and the acceptance of these Earn T&C. Berry shall not direct any balance of the User to Berry Earn in the absence of such activation.

3.2. Eligible balances

Only the User's Digital Dollars available on the Platform are eligible for Berry Earn. Balances in stocks, ETFs or prediction markets are not eligible, nor is any asset other than Digital Dollars.

3.3. Exclusions

The following may not enroll in Berry Earn: (i) Disqualified Persons within the meaning of the General T&C; and (ii) Users whose accounts are suspended, blocked or subject to restrictive measures.

The accrual of Daily Yield is subject to meeting a Minimum Balance, in accordance with the following regime:

Compliance with the Minimum Balance is verified daily on the Weighted Average Balance. On the days on which the Weighted Average Balance is lower than the applicable Minimum Balance, the User shall not accrue Daily Yield, without this implying the cessation of their participation in the Program or giving rise to any claim or compensation.

A User who has stopped accruing due to failure to meet the Minimum Balance shall resume accruing Daily Yield automatically from the day on which their Weighted Average Balance again reaches the applicable Minimum Balance, with no need for a new Enrollment.

There is no maximum limit on the Enrolled Balance per User. Berry reserves the right to set maximum limits in the future, announcing this on the Platform.

5.1. Publication

The Current Rate applicable to Berry Earn is the rate that Berry publishes on the Platform. That rate constitutes the only rate applicable to the calculation of the Daily Yield.

5.2. Management Fee

Berry receives, as the Management Fee and as its sole remuneration for the operation of the Program, a fixed nominal annual fee of one point five percent (1.5%), calculated on the Enrolled Balance and deducted from the gross yield obtained from the Allocation Destinations prior to the determination of the Current Rate. The Management Fee is not debited from the Enrolled Balance, is not invoiced separately to the User and does not give rise to any additional charge payable by the User.

Berry may modify the percentage of the Management Fee on a minimum of seven (7) calendar days' prior notice given through the Platform and/or by email, in accordance with Article 14.

5.3.Determination of the Current Rate

The Current Rate that Berry passes on to the User results from deducting the Management Fee from the gross yield that Berry obtains from the Allocation Destinations, in accordance with the following formula:

Current Rate = Gross Yield − Management Fee

Consequently, variations in the gross yield obtained from the Allocation Destinations are passed on to the User directly, and the Current Rate increases or decreases to the same extent, without Berry retaining any additional share on that account.

The Management Fee may under no circumstances exceed the gross yield obtained. If the gross yield is lower than the Management Fee, the latter shall be reduced to that amount and the Current Rate shall be zero percent (0%), and under no circumstances may the Current Rate be negative or give rise to any charge payable by the User.

Notwithstanding the foregoing, Berry may, at its sole discretion and at any time, publish and pay a Current Rate higher than the one resulting from the preceding formula. The difference constitutes a promotional initiative funded with Berry's own resources, separate from and independent of the Program and the Management Fee. That promotional initiative does not give rise to any vested right in favor of the User, does not oblige Berry to maintain it for any period, does not constitute a commitment of future yield and may be discontinued at any time in accordance with Article 5.4.

The Current Rate applicable at any given time —whether or not it includes a promotional component— is the rate that Berry publishes on the Platform in accordance with Article 5.1, and constitutes the only rate applicable to the calculation of the Daily Yield.

5.4. Modification

Berry may modify the Current Rate at any time, at its sole discretion and with no need for prior notice. Any modification applies exclusively going forward, from its publication on the Platform, and does not affect the Daily Yields already accrued and credited previously.

The User acknowledges that the Current Rate does not constitute a promise, guarantee or commitment of future yield, and that its publication does not give rise to any right to have it maintained for any period.

6.1. Calculation basis

The Daily Yield is calculated on the Weighted Average Balance, that is, on the User's balance weighted by the time during which it remained enrolled over the last twenty-four (24) hours. The deposits, withdrawals, transactions and movements that the User makes during that period affect the calculation in proportion to the time elapsed.

6.2. Crediting

The Daily Yield is credited daily to the User's Platform account, in Digital Dollars, regardless of the frequency with which Berry receives the yields from the Allocation Destination. Once credited, the Daily Yield forms part of the User's available balance and becomes subject to the general regime of the Platform.

Berry does not guarantee any specific crediting time. Delays arising from technical interruptions, maintenance or force majeure events do not give rise to any claim or compensation.

6.3. Accrual in progress

The Daily Yield accrues and becomes final only at the time it is credited. The yield in progress corresponding to the day not yet credited is forfeited in the event of deactivation of the Program, suspension or closure of the User's account, whatever the cause, without this giving rise to any claim, proportional settlement or compensation.

7.1. Deployment of the funds

The User expressly acknowledges and accepts that, as a consequence of the Enrollment, the funds corresponding to their Enrolled Balance shall be deployed by Berry in the Allocation Destinations.

7.2. Categories of Destinations

The Allocation Destinations are limited to “cash sweep programs” through which the available balances are deposited in interest-bearing deposit accounts (deposit accounts) opened at one or more banking institutions in the United States (deposit banks).

To that end, Berry converts the enrolled Digital Dollars into United States dollars and directs them, through its intermediation and custody providers, whose terms and conditions are available at https://alpaca.markets/disclosures and are made available to the User for information purposes only.

The User acknowledges and accepts that, under this arrangement, each deposit account constitutes a direct obligation of the banking institution at which it is opened, and not an obligation of the intermediation and custody provider acting as agent. The participating banking institutions are determined by that provider and may vary over time.

7.3. Operating conditions of the Destinations

The User acknowledges that the Allocation Destinations set their own cut-off times, settlement periods and operating conditions that Berry does not control, and that those conditions may affect the moment from which a balance begins or ceases to accrue yield, as well as the crediting and withdrawal periods.

This Article is of an essential nature. The User declares that they fully understand it as a condition of their Enrollment in the Program.

8.1. No capital guarantee

THE USER EXPRESSLY ASSUMES THE RISK OF PARTIAL OR TOTAL LOSS OF THE DIGITAL DOLLARS ENROLLED IN BERRY EARN.

If, as a consequence of the materialization of any of the risks described in Article 9, a loss is incurred on the deployed funds, that loss shall be borne by the enrolled Users and shall be reflected in a reduction of their Enrolled Balances, in accordance with the procedure provided for in Article 9.6.

8.2. No banking nature

Berry Earn does not constitute a bank deposit, a savings account, a time deposit, a mutual fund or any other product subject to banking or deposit guarantee regulation. Berry is not a financial, banking or insurance institution, and is not subject to the deposit guarantee schemes of any jurisdiction.

8.3. No insurance, guarantee or reserve fund

Berry does not provide any insurance, guarantee, surety, reserve fund or compensation mechanism in respect of the Enrolled Balances.

To the extent that the Allocation Destination has protection, insurance or guarantee schemes provided by third parties or public bodies, those schemes are governed exclusively by their own terms, conditions and limitations. Berry does not represent, warrant or ensure that those schemes cover the User individually, or to what extent.

8.4. No advice

Making Berry Earn available does not constitute financial advice, an investment recommendation, an offer of securities or an invitation to invest of any nature. The provisions of the General T&C on the absence of financial or legal advice apply in full.

The decision to enroll in Berry Earn is the User's exclusive, free and informed decision, and the User declares that they have sufficient knowledge to assess the risks described and the financial capacity to bear them.

The User declares that they know and accept, without the list being exhaustive, the following risks:

9.1. Counterparty and custody risk

The deployed funds are deposited with brokers (stockbroker), banking institutions through the intermediation and custody providers used by Berry. The insolvency, default, suspension of activities, regulatory intervention, cessation of operations or misconduct of any of those entities, of their affiliated companies or of their employees may result in the partial or total loss of the deployed funds.

9.3. Conversion risk

The operation of the Program requires the conversion of Digital Dollars into United States dollars and vice versa. Those conversions are subject to the market, liquidity and operating conditions prevailing at the time they are carried out, and may give rise to differences with respect to the nominal values involved.

9.4. Regulatory and force majeure risk

Regulatory changes, decisions of regulatory or governmental authorities, judicial measures, international sanctions, restrictions on digital assets or force majeure events may affect the operation of the Allocation Destination, the availability of the Enrolled Balances or the continuity of the Program.

9.6. Pro rata distribution of losses

In the event that a loss is incurred on the deployed funds for any of the causes described in this Article, that loss shall be distributed among all of the Users enrolled in Berry Earn in proportion to their respective Enrolled Balance at the time of the event, by means of the proportional reduction of those balances.

The User expressly authorizes Berry to apply that reduction to their Enrolled Balance, with no need for additional consent, instruction or prior notice, and waives any claim on that account. Berry shall inform the User of the occurrence of the event and of the magnitude of the reduction applied within a reasonable time after it is determined.

Berry assumes no obligation to refund, compensate or cover with its own resources the losses distributed in accordance with this Article, without prejudice to its discretionary power to do so in whole or in part, which shall not give rise to any vested right or precedent for future events.

10.1. General availability

The User may withdraw their Enrolled Balances at any time, with no minimum holding period, subject to the provisions of this Article, to the operating periods and cut-offs provided for in Article 7.4 and to the general withdrawal conditions provided for in the General T&C. The withdrawal of Digital Dollars from the Platform results, with respect to the amounts withdrawn, in the cessation of their status as Enrolled Balance.

10.2. Liquidity risk

The User acknowledges and accepts that, because the funds are deployed in the Allocation Destination, their immediate availability depends on the liquidity existing in that Destination and on its operating conditions, both of which are beyond Berry's control. Circumstances such as operating restrictions of the depositary or banking institutions involved, market closures, technical interruptions or market events may prevent or delay the recovery of the deployed funds.

10.3. Power of suspension

Berry may suspend, in whole or in part, the execution of credits linked to Berry Earn, for as long as necessary, where the liquidity or the operating conditions of the Allocation Destinations do not allow the recovery of the deployed funds.

That suspension is not subject to any maximum period and shall continue until the circumstances that gave rise to it cease or until Berry achieves the recovery of the funds, whichever occurs first. The suspension does not give the User any right to claim, indemnity, compensation, default interest or redress of any nature.

Berry shall inform the User of the existence of the suspension, its scope and, to the extent possible, its progress, through the Platform and/or by email.

10.4. Accrual during the suspension

For the duration of a suspension ordered in accordance with this Article, Berry may suspend the User's participation in the Program, with the accrual and crediting of the Daily Yield likewise ceasing, informing the User of this through the usual channels.

The suspension or cancellation of the User's account under the regime provided for in the General T&C entails the automatic cessation of their participation in Berry Earn and of the accrual of Daily Yield from that moment.

The Daily Yields credited previously form part of the User's balance and follow the fate of that balance in accordance with the General T&C. The uncredited yield in progress is forfeited in accordance with Article 6.3.

The return of the Enrolled Balances in the event of account closure is subject to the provisions of Article 10 regarding the availability of liquidity.

12.1. Prohibited conduct

The following is expressly prohibited and constitutes a breach of these Earn T&C and of the General T&C:

12.2. General power of review and revocation

Berry reserves the right to review, audit and verify, at any time and by such means as it deems appropriate, all transactions, operations, movements of funds, access logs and other actions linked to a User's participation in the Program.

Berry may suspend crediting, revoke and debit any Daily Yield, and exclude the User from the Program, where that review shows, in Berry's reasonable judgment, that the User has not acted in good faith or has obtained or sought to obtain Daily Yields through conduct contrary to the purpose of the Program.

This power applies regardless of whether the conduct in question is expressly listed in Article 12.1. The list contained there is merely illustrative and not exhaustive, and may not be construed as implicit authorization of conduct not set out there.

The User shall be solely responsible for determining, declaring, settling and paying all taxes, duties and contributions that may be payable in their jurisdiction of tax residence as a result of their participation in Berry Earn and of receiving Daily Yields.

Berry assumes no obligation to determine, withhold, collect, report or pay any tax on the User's behalf, or to issue any tax receipt or certificate of any nature.

Berry Earn comes into force on the date indicated at the beginning of these Earn T&C and shall remain in force until December 31, 2026, without prejudice to Berry's power to suspend or terminate it earlier in accordance with this Article.

Berry reserves the right to amend these Earn T&C, as well as the parameters of the Program —including, without limitation, the Minimum Balance, the eligible balances, the methodology for calculating the Weighted Average Balance and the crediting frequency— at any time, on a minimum of seven (7) calendar days' prior notice given through the Platform and/or by email. Amendments shall come into force once that period has elapsed. The modification of the Current Rate is governed exclusively by Article 5.3 and does not require prior notice.

Berry may replace or modify the Allocation Destinations within the categories provided for in Article 7.2, or with others of an equivalent or lower risk profile, announcing this through the Platform. The addition of Allocation Destinations with a higher risk profile is governed by the provisions of Article 7.5.

Berry may suspend or terminate Berry Earn at any time, at its sole discretion and without stating a reason, by notice through the Platform and/or by email. Upon termination, the accrual of Daily Yield shall cease and the Enrolled Balances shall cease to be subject to the regime of these Earn T&C, subject to the provisions of Article 10.

Termination of the Program on expiry of its term or by decision of Berry shall not affect the Daily Yields already credited. The provisions of Articles 8, 9, 10 and 12 shall remain in full force until the actual return of the Enrolled Balances, even where this occurs after December 31, 2026.

The User may direct any inquiry, complaint or claim relating to Berry Earn to [email protected]. Berry will endeavor to respond within a reasonable time.

These Earn T&C are governed by and construed in accordance with the laws of the British Virgin Islands (BVI).

Any dispute arising out of or relating to these Earn T&C shall be resolved in accordance with the direct negotiation and arbitration procedure set out in the General Terms and Conditions of the Platform, available at https://berry.app/terms-and-conditions, the terms of which are deemed incorporated herein in full by reference and which the User declares they know and accept.

If any provision of these Earn T&C is declared void, unlawful or unenforceable, this shall not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.