Terms of service

1. What TakePublic is, and what it is not

TakePublic is a technology platform, not a law firm, broker-dealer, or auditor. Forms 3, 4 and 5 prepared in TakePublic file only after the reviewer the company designates, such as its securities counsel, signs off; any other filing prepared in TakePublic files only after a licensed securities attorney signs off.

TakePublic does not provide legal, tax, investment, accounting, or auditing advice. No attorney-client relationship is created between you and TakePublic, and communications with TakePublic are not protected by attorney-client privilege or as attorney work product. Licensed securities attorneys who review and sign filings through the Service are independent professionals; their professional relationship and duties run to you, not to TakePublic.

TakePublic is not a registered securities broker-dealer, investment adviser, or transfer agent. Nothing on the Service is an offer to sell or a solicitation to buy any security. You alone are responsible for all corporate, tax, securities, and other legal reporting, payment, and compliance obligations of your business.

2. The Service

TakePublic provides software for tracking, preparing, reviewing, and coordinating SEC filings and related compliance work. Every plan includes a compliance calendar, tracking of your company's SEC filings, deadlines, and insider activity from SEC EDGAR, and an audit trail. Depending on your plan, the Service also includes preparing Forms 3, 4 and 5 from your insider records, a counsel review and sign-off workflow, electronic signing by insiders, collecting director and officer questionnaire responses and Form 5 representations, coordination of submission to SEC EDGAR, AI-assisted drafting of other reports, and tools for connecting accounting data. The features available to you are those included in your plan. At present we sell the Monitor and Section 16 plans. The Core plan is not for sale, and the features that come only with Core, such as AI-assisted drafting of other reports, director and officer questionnaires, tools for connecting accounting data, board approvals, and auditor access, are not offered.

The Service is a tool that assists you in meeting compliance obligations for which you are solely responsible. You are responsible for the accuracy, completeness, and timeliness of every filing made with the SEC, whether submitted through TakePublic or through your own filing agent.

A company that reports to the SEC as a foreign private issuer, on Forms 20-F, 40-F and 6-K, cannot subscribe at present; it may join our email waitlist. If we open sign-up to foreign private issuers, they may use the Section 16 plan only. Whether each of a foreign private issuer's directors and officers must file Forms 3, 4 and 5, including whether an SEC exemptive order relieves them, is for the company and its counsel to decide; what the Service shows about an exemptive order is information, not legal advice.

We may add, change, or discontinue features of the Service as it evolves. For a material change that adversely affects your use of the Service, we will give you at least 30 days advance notice.

3. Filing authorization and EDGAR credentials

When you ask TakePublic to submit a filing, you authorize us to transmit it to SEC EDGAR on your behalf. The Service is designed so that a filing prepared in TakePublic is transmitted only after a sign-off on the exact document being submitted: by the reviewer you designate, such as your securities counsel, for a Form 3, 4 or 5, and by a licensed securities attorney for any other filing. A Form 3, 4 or 5 you upload as already reviewed and signed is transmitted exactly as uploaded, after you attach the signed signature page or a power of attorney and attest that it was reviewed and signed. You remain the filer of record for every submission, except that the reporting person is the filer of record for a Form 3, 4 or 5, and acceptance of any filing is decided by the SEC, not by TakePublic.

You are responsible for your EDGAR account, including keeping your CIK, CCC, access tokens, and EDGAR Next account administrator designations accurate and current, completing EDGAR Next annual account confirmations, and telling us promptly if any credential is compromised or any authorization changes. EDGAR credentials you provide to us are stored encrypted and are used solely to provide the Service.

SEC EDGAR is a government system outside our control. Its availability, processing windows, and rules are set by the SEC, and your submissions are also governed by the SEC's own regulations and EDGAR requirements. TakePublic is not liable for EDGAR outages, SEC processing delays, rejections, or other actions of the SEC.

4. AI-generated drafts

Where your plan includes AI drafting, drafts produced by the Service are machine-generated starting points that require human review. Forms 3, 4 and 5 are prepared from the insider and transaction records you and your insiders provide, and you are responsible for their accuracy. AI-generated content, including drafts and answers from the Service's assistants, may be inaccurate or incomplete, and you are responsible for reviewing it before relying on it. The Service is designed so that no filing prepared in TakePublic is transmitted to the SEC without a sign-off bound to the exact document being submitted, by the reviewer you designate for a Form 3, 4 or 5 and by a licensed securities attorney for any other filing.

As between you and TakePublic, you own the drafts and other output the Service generates for you, once incorporated into your documents, subject to TakePublic's ownership of the underlying Service. Copyright law on AI-generated content is still developing, and TakePublic makes no representation about whether any particular output is protectable by copyright or other intellectual property law; this paragraph allocates rights between you and TakePublic only.

We do not use your content to train AI models, and our agreements with our AI model providers prohibit them from using your content to train theirs.

5. Deadlines, the compliance calendar, and text messages

Deadline dates shown in the Service are computed from public rules and the information you provide, and are displayed in Eastern Time (ET). They are provided for your convenience and do not constitute legal advice. You are responsible for confirming and meeting every statutory deadline that applies to your company. TakePublic is not liable for any missed deadline, late filing, or consequence of either.

The Service tracks federal SEC obligations. State securities notice filings, commonly called blue sky filings, and their fees and timing, including pre-sale notice requirements in some states, are your responsibility with your counsel.

Text messages. TakePublic sends these text messages through its subprocessor Twilio. One-time security codes: when you ask for a code on a signing, sign-off or response page, a code is texted to the mobile number on file for you or, if there is none or you have replied STOP, emailed to you. Contact change notices: when a company changes your mobile number on file while a request for your signature is open, a text to the number being replaced, only if you opted in to request notices at that number and have not replied STOP. Request notices: only after you opt in on one of those pages, a text when a company emails you a request to sign off on a filing or to enter your EDGAR codes, and again with each reminder. Deadline reminders: if you opt in, reminders about your company's filing deadlines 3 days and 1 day before each deadline, on the due date, and 1, 3, and 7 days past due until resolved, plus any other reminder days you choose. Service status updates: if you turn them on after opting in. Two-step sign-in codes for your account are sent by Google Cloud Identity Platform, not Twilio.

Message frequency varies. Message and data rates may apply. Consent to receive text messages is not a condition of using the Service, and a request notice opt-in is never needed to sign or respond. Each consent is recorded with its time and the version of the words you agreed to; the current versions are dated September 29, 2026, and their words are quoted at takepublic.com/legal/sms-opt-in.

Reply STOP to any message to stop receiving texts, clear the box where you opted in, or remove your number in account settings. Reply HELP for help, or contact hello@takepublic.com. Wireless carriers are not liable for delayed or undelivered messages, and delivery depends on networks outside our control. Text messages supplement the email alerts and the in-product calendar; do not rely on text messages alone to meet a deadline.

6. Electronic signatures and records

6.1 Which law governs. A reporting person's or attorney-in-fact's signature on a Form 3, 4 or 5, a signature-page signature, and an officer certification each authenticate a typed signature in an SEC filing. They are authentication documents under Rule 302(b) of Regulation S-T and, for Forms 3, 4 and 5, Exchange Act Rule 16a-3(i), and the signing process follows the EDGAR Filer Manual. The SEC's position is that the federal E-SIGN Act does not apply to them (Release 33-10889, notes 7 and 14). Counsel sign-off through the Service is an electronic signature to which the E-SIGN Act (15 U.S.C. 7001) and applicable state electronic transactions law apply: it may not be denied legal effect solely because it is electronic. Those laws do not decide a signer's authority or professional duties. On plans that include it, a board approval records a director's approval of the exact document for the filing record. The corporate action itself is taken under your charter, bylaws and the corporate law of your state of incorporation (for a Delaware corporation, including sections 116 and 141(f) of the Delaware General Corporation Law).

6.2 What is recorded. Each signature or approval is bound to a SHA-256 hash of the exact document, timestamped, and recorded in an append-only audit log with the signer's typed name, the statement the signer adopted, and the account or signing link it was made from. A signature made from a link without an account also records how the signer was verified, including the mobile number or email address a one-time code went to, and the signer's IP address and browser. The audit log shows that number or address masked; for a Form 3, 4 or 5 signature and a signature-page signature, the signed record also keeps it in full, encrypted. The Service keeps the signed document itself, not only its hash. You agree that these records may be used as evidence of the signature or approval, and you agree to conduct these transactions electronically. A signer who is not a party to these Terms agrees to sign electronically on the page where they sign, and may sign on paper instead by telling the company that sent the request. A reporting person's signing statement also authorizes the filing of that report through the Service.

6.3 How a signer is verified. A signer who signs from a link, without a TakePublic account, asks for a one-time code on the signing page, enters it to open the page, and signs with their typed name. The code goes to the mobile number you record for the signer or, if you record none or the signer has replied STOP, to the email address you record. A signer who signs from their own TakePublic account is verified through that account. The process is designed to meet the EDGAR Filer Manual's requirements for an electronic signing process, including a credential that only the signer possesses and controls, and that depends on the contact details you record. You are responsible for recording a mobile number and an email address that belong to the signer and that only the signer uses, not a number or address that you, an assistant or anyone else can read, and for correcting them promptly. By recording a signer's mobile number you confirm that the signer has agreed to receive one-time codes from TakePublic at that number. When you change a signer's mobile number or email address while a signature request to them is open, TakePublic emails the signer at the address being replaced, or at the address on file when only the mobile number changes, and, when the mobile number changes, also texts the number being replaced if its owner opted in there to notices about requests and has not replied STOP. When you cannot confirm that a contact is the signer's alone, ask the signer to sign from their own TakePublic account or on paper.

6.4 Rule 302(b) records. Rule 302(b)(1) requires each signatory to sign an authentication document before or at the time of filing, and the filer must keep it for five years. Rule 302(b)(2) requires each signatory, before first signing an authentication document electronically, to sign by hand a document attesting that the use of an electronic signature constitutes the legal equivalent of their manual signature for purposes of authenticating the signature to any filing for which it is provided. A typed or electronic signature on that attestation does not count; it may be kept as a scan. An electronic filer must keep that attestation for as long as the signatory may use an electronic signature to sign authentication documents and for at least seven years after the date of the most recent electronically signed authentication document. On request, the filer must furnish copies to the SEC or its staff (Rule 302(b)(3); Rule 16a-3(i)).

6.5 Who the filer is, and who keeps what. For your company's own filings, including a signature page or an officer certification, you are the filer, these duties are yours, and you keep your own copy of each signatory's attestation. For a Form 3, 4 or 5, the reporting person is the filer and these duties are that person's; using the Service does not make you the filer. An attorney-in-fact who signs for a reporting person is a separate signatory and signs their own attestation. When you prepare Forms 3, 4 and 5 for a reporting person through the Service, you authorize TakePublic to keep that person's attestation and signed authentication documents as a service to you and to that person, and to give that person access to them and copies of them, including after the person leaves your company, after you revoke their other access, after your subscription ends and after your workspace is closed. This section 6.5 is also for the benefit of each such reporting person, who may enforce it despite section 21. Keeping these records in the Service does not relieve a reporting person of their own duty; each reporting person should keep the paper attestation they signed and download each signed record.

6.6 One attestation for several companies. A reporting person signs one attestation in ink. Its words are not limited to filings made by or for one company. At the reporting person's direction, each company that files for them through the Service keeps its own electronic copy as that filer's record under Rule 302(b)(2) and (b)(3). An attestation signed on an earlier version of the page that names one company covers that company's filings only. TakePublic does not verify the handwriting on an uploaded page.

6.7 How long records are kept, and copies. TakePublic keeps signed records, attestations and the audit log for as long as it provides the Service, and in any case for at least seven years after a record is made and, for an attestation, at least seven years after the signer's most recent electronic signature through the Service. They are not deleted when an account, subscription or workspace ends, or in response to a request to delete personal information. You may export your records at any time. A filer, including a reporting person for their own records, may ask for copies at hello@takepublic.com, and TakePublic will provide them within five business days of a verified request. If the SEC or its staff asks a filer for these records, TakePublic will help that filer furnish them; TakePublic furnishes records directly to the SEC or its staff only at the filer's direction or when the law requires it. If TakePublic stops providing the Service, it will give each filer and reporting person at least 90 days' notice and an export of their records.

6.8 Questionnaires and representations. D&O questionnaires and Form 5 representation requests collect information and confirmations for your company. They are records of the responses given, not Rule 302(b) authentication documents or hash-bound document signatures.

7. Eligibility, accounts, and security

The Service is for business use. To use the Service you must be at least 18 years old, able to form a binding contract, and, if you act for a company, authorized to act for that company.

You represent that neither you, your company, nor anyone who owns 50% or more of your company is located, organized, or ordinarily resident in Cuba, Iran, North Korea, Syria, or the Crimea, Donetsk, or Luhansk regions of Ukraine, and that none of them is named on, or owned or controlled by a party named on, a United States, United Kingdom, European Union, or United Nations sanctions or restricted-party list. We do not serve companies based in Russia or Belarus, and we may decline companies based in other places where we cannot yet provide the Service lawfully and reliably.

We screen companies at sign-up, and the people a workspace adds or renames, against those lists. A possible match holds the sign-up or the change until our staff review it, and we may refuse, suspend, or end the Service where sanctions or export control laws require. The statements you make at sign-up, including about your company and your authority to act for it, must be accurate, and we may suspend the Service if one is not.

Access to the Service is through named user accounts. You are responsible for the activity on your accounts, for keeping credentials confidential, and for promptly telling us about any unauthorized use. Your organization's administrators control who has access to your workspace and at what role, including invited outside professionals such as your securities counsel and outside preparers, and, on plans that include auditor access, your audit firm. Privileged roles are required to use multi-factor authentication in production.

8. Invited users and individuals

Your administrators may invite others into your workspace, including your officers, directors, employees, securities counsel, and outside preparers, and the Service may send tokenized links to individuals at your direction, such as signing requests for Forms 3, 4 and 5, director and officer questionnaires, and Form 5 representation requests. Your audit firm may be invited only on a plan that includes auditor access. Everyone who accesses the Service through your workspace or at your direction is your authorized user. You are responsible for their compliance with these Terms, and their access ends when you or we revoke it. Ending access does not end a reporting person's access to their own records under section 6.5.

Individuals who respond to a questionnaire or attestation request use the Service to provide information to the company that requested it. That company, not TakePublic, decides how the information is used.

9. Your data and confidentiality

You own the content you put into the Service, including filing drafts, financial data, insider information, and questionnaire responses ("Customer Data"). You grant TakePublic a limited license to host and process Customer Data solely to provide the Service, comply with law, and respond to your requests. We treat Customer Data as your confidential information.

Signed records, attestations and the audit log described in section 6 are Customer Data. You license TakePublic to keep them for the periods in section 6.7, to provide them to the reporting person as section 6.5 describes, and to use them as evidence of the signatures and approvals they record.

We recognize that Customer Data can include material nonpublic information. We handle it under a written policy with least-privilege access, and our personnel are prohibited from trading in your securities, or tipping others, on the basis of information learned through the Service.

You represent that you have the rights and consents needed to provide Customer Data to us, including personal information about your personnel and insiders.

We may use aggregated, de-identified usage data, such as feature usage counts and performance metrics, to operate, secure, and improve the Service. This data never includes the content of Customer Data and is never presented in a way that identifies you or any individual.

The service providers that process Customer Data on our behalf are listed in our privacy policy. We keep that list current and will notify account owners before a new subprocessor processes Customer Data.

10. Confidentiality between the parties

In addition to our obligations for Customer Data above, each party may receive non-public information from the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Data is your Confidential Information. TakePublic's pricing, security practices, and non-public product information are TakePublic's Confidential Information.

The receiving party will protect the other party's Confidential Information with at least the care it uses for its own similar information, and never less than reasonable care; will use it only to perform under these Terms; and will share it only with employees, contractors, and advisors who need it and are bound by obligations at least as protective as this section.

These obligations do not apply to information that is or becomes public through no fault of the receiving party, was known to the receiving party without restriction before disclosure, is independently developed without using the other party's Confidential Information, or is received from a third party without a duty of confidentiality.

If the receiving party is legally required to disclose Confidential Information, it will notify the other party promptly where legally permitted, reasonably cooperate in seeking protective treatment, and disclose only what is required.

11. Security incidents

A "Security Incident" means confirmed unauthorized access to, or disclosure, alteration, or destruction of, Customer Data on systems we control. If a Security Incident affects your Customer Data, we will notify you without undue delay, and in any case within 72 hours of confirming the incident, with a summary of what happened, the data involved so far as then known, and the steps we are taking. We will keep you reasonably informed as the investigation progresses, and we will not name you in connection with an incident without your consent unless the law requires it.

12. Fees and payment

Paid plans are billed through Stripe under the pricing agreed with you before signing. Fees are stated in US dollars, are exclusive of taxes, including value added, goods and services, and withholding taxes, and are non-refundable for partial billing periods except where these Terms, our refund policy at takepublic.com/legal/refunds (which is part of these Terms), or applicable law require otherwise. If your account is past due, we may suspend access after notice.

Unless your order form says otherwise, subscriptions renew automatically for successive terms of the same length, a month or, on annual billing, a year. You may cancel at any time: a company admin cancels from Settings, Billing, and the subscription then runs to the end of the term you have already paid for and does not renew, as our refund policy describes. We may choose not to renew by giving you written notice at least 30 days before the end of the current term. Renewals are at our then-current pricing, and we will tell you about a price change at least 30 days before it applies.

13. Acceptable use

You will not, and will not permit anyone to:

• use the Service to violate any law or regulation, including the securities laws;
• use the Service, including its AI features, to prepare or submit false or materially misleading financial information or disclosures;
• use the Service to manipulate a market, to trade on or tip material nonpublic information, or to evade a disclosure requirement;
• submit content that infringes the rights of others or that you do not have the right to provide;
• interfere with, disrupt, probe, or gain unauthorized access to the Service or its infrastructure;
• reverse engineer or copy the Service, or access it to build a competing product;
• resell or provide access to the Service outside your organization and its authorized advisors;
• misrepresent your identity or your authority to act for a company;
• use or give access to the Service in violation of United States or other applicable sanctions or export control laws.

14. Intellectual property and feedback

TakePublic owns the Service and everything in it other than Customer Data. No rights are granted except those stated in these Terms. If you send us suggestions or feedback, we may use them without restriction or compensation.

15. Third-party services

The Service interacts with government systems such as SEC EDGAR and, on plans that include accounting connections, lets you connect third-party products such as QuickBooks Online and Google Sheets. Your use of third-party products is governed by their terms and privacy policies, and your connections to them are made at your direction. TakePublic is not responsible for third-party products or for the availability or conduct of government systems.

16. Term, suspension, and termination

These Terms apply while you use the Service. Either party may terminate for material breach that is not cured within 30 days of notice. Either party may also terminate immediately if the other becomes insolvent, makes a general assignment for the benefit of creditors, or becomes subject to bankruptcy or similar proceedings. We may suspend access immediately where needed to protect the Service or comply with law, including sanctions and export control laws. After termination, you may export your Customer Data, from the Service or by asking us, within 30 days, after which we may delete it, subject to legal retention obligations and our append-only audit records. Signature, certification and attestation records and the audit log are kept after termination as section 6.7 describes, and section 6.5 continues to apply to them.

17. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKEPUBLIC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TAKEPUBLIC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEADLINE CALCULATIONS ARE COMPLETE FOR YOUR SITUATION, OR THAT ANY FILING WILL BE ACCEPTED BY THE SEC.

18. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA. EACH PARTY'S TOTAL LIABILITY ARISING OUT OF THESE TERMS OR THE SERVICE IS LIMITED TO THE FEES YOU PAID TO TAKEPUBLIC IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. FOR TAKEPUBLIC'S BREACH OF THE "YOUR DATA AND CONFIDENTIALITY" OR "SECURITY INCIDENTS" SECTIONS, TAKEPUBLIC'S TOTAL LIABILITY IS INSTEAD LIMITED TO TWO TIMES THAT AMOUNT. NOTHING IN THESE TERMS LIMITS LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, OR ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

19. Indemnification

TakePublic will defend you against third-party claims that the Service, as provided by us and used as these Terms permit, infringes their intellectual property rights, and will pay resulting damages finally awarded. This obligation does not cover claims arising from Customer Data, from modifications we did not make, or from combining the Service with products we did not supply or approve. If the Service is subject to an infringement claim, we may procure the right for you to keep using it, modify it so it no longer infringes, or terminate the affected part and refund prepaid fees for the unused period.

You will defend TakePublic against third-party claims arising from your Customer Data, your filings, or your breach of these Terms, and will pay resulting damages finally awarded.

The party seeking defense must promptly notify the other party, let it control the defense and settlement, and reasonably cooperate at the defending party's expense. Neither party may settle a claim in a way that imposes obligations on the other without the other's prior written consent.

20. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules.

Any dispute arising out of these Terms or the Service will be resolved by binding arbitration administered by JAMS under its rules, conducted in English on an individual basis. Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court, and either party may seek injunctive or other equitable relief in a court of competent jurisdiction.

CLASS ACTION WAIVER: you and TakePublic each waive the right to participate in a class action, class-wide arbitration, or representative proceeding. You may opt out of this arbitration agreement by emailing hello@takepublic.com with your name and account email within 30 days of first accepting these Terms.

21. General

We may update these Terms; for material changes we will give notice at least 30 days before they take effect, and your continued use after the effective date is acceptance. Notices to you may be sent to the email on your account; notices to us go to hello@takepublic.com. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delay caused by events beyond its reasonable control. A party's failure or delay in enforcing a provision is not a waiver of it. If a provision is unenforceable, the rest remain in effect. These Terms, together with our privacy policy and any signed agreement between us, are the entire agreement about the Service, and they create no rights for anyone other than you and TakePublic, except as section 6.5 provides. The Service is operated from the United States and is directed to companies that report to the SEC on Forms 10-K, 10-Q and 8-K.

Neither party may use the other's name, logo, or trademarks in marketing or publicity without the other's prior written consent. Sections that by their nature should survive termination, including confidentiality, security incidents, disclaimers, limitation of liability, indemnification, and dispute resolution, survive.

Questions about these Terms: hello@takepublic.com.