Technology Agreement

Last modified: December 1, 2025

 

With respect to the “Baby on the Way Accounts” referred to above (collectively, the “Account”), the undersigned (“Client”) and Fabric Technologies, Inc. (“Fabric”) agree as follows:

  1. The Account. Client has executed certain agreements with third parties necessary to open, fund, and manage the Account, which is a taxable brokerage account limited to Apex Clearing Corporation’s (“Apex”) FDIC Insured Deposit Sweep Program. Client has retained Apex as custodian for the Account pursuant to a separate custody agreement. Client understands that neither Fabric nor its affiliates shall act as the custodian for the Account and Fabric shall not be liable for any act, error, or omission of such custodian. Client acknowledges that neither Fabric nor any of Fabric’s affiliates provided Client with any investment advice regarding the Account.
  2. Payment of Fee. For platform services hereunder, Client will pay Fabric a monthly fee in advance at a rate of $3.00 per month for Accounts comprised of a single Baby on the Way account or $5.00 per month for Accounts comprised of more than one Baby on the Way account (the “Monthly Fee”).
  3. Transaction Procedures. All transactions will be consummated by payment to, or delivery by, Apex on behalf of Client, of all cash due to or from the Account. Fabric shall not be responsible for any loss incurred by reason of any act or omission of any broker or dealer or Apex; provided, however, that Fabric will make reasonable efforts to require that such parties perform their obligations with respect to the Account. Withdrawal of cash from the Account may be made at any time upon advance notice to Fabric.
  4. Confidential Relationship. All information furnished by either party to the other hereunder, including their respective agents and employees, shall be treated as confidential and shall not be disclosed to third parties except as required by law.
  5. Other Fees and Charges. Any fees charged by Apex for the Account will be paid out of the Monthly Fee and not the assets of the Account.
  6. Termination. Client may terminate this Agreement immediately upon giving notice to Fabric within five business days of the date of this Agreement. In addition, either Fabric or Client shall both have the right, on giving thirty days written notice to each other, to terminate this Agreement.
  7. Governing Law. Client agrees that this Agreement shall be governed by the laws of the State of Ohio, without regard to principles of conflicts of laws, and Client submits to the exclusive jurisdiction of the courts of the State of Ohio for the resolution of any dispute in this Agreement.
  8. Notices/Electronic Delivery. Notices or any disclosures required to be given under this Agreement in writing or by law or regulation may be given (i) in a writing hand delivered or sent via first-class mail or express mail; or (ii) in a writing delivered via facsimile, email or other electronic means. Notices shall be deemed given when received. Notification as to any change in an address to be used for notices shall be given in accordance with this provision. A faxed or electronically transmitted signed document sent to Fabric Technologies, Inc. has the same legal force and effect as the original signed document, and once received, is the controlling record. Client further acknowledges that it is Client’s obligation to notify Fabric in writing of any changes to Client’s contact information, including email address. Until so notified, Adviser shall rely on the last provided email address.
  9. Entire Understanding and Modification. This Agreement constitutes and contains the entire understanding between the parties and supersedes all prior oral or written statements dealing with the subject matter herein. This Agreement can be amended or modified upon advance written notice from Fabric to Client setting forth the amendments. Client acknowledges that, by using meetfabric.com, Client is also subject to the Gerber Life Agency, LLC Terms of Use available at meetfabric.com/legal and, by using the Fabric by Gerber Life mobile application, Client is also subject to the End User License Agreement that you may access on the Apple App Store or Google Play Store, as applicable. In the event of a conflict between this Agreement and the Terms of Use and/or End User License Agreement, this Agreement shall govern.
  10. Severability. If any one or more of the provisions of this Agreement shall, for any reason, be illegal or invalid, such illegality or invalidity shall not affect any other provision of this Agreement, and this Agreement shall be enforced as if such illegal or invalid provision had not been contained herein.
  11. Additional Representations and Acknowledgements. Client hereby represents that is has full power and authority to enter into this Agreement with respect to the Account. Client further acknowledges that: (i) Fabric shall have no responsibility whatsoever for the management of the assets in the Account and shall incur no liability for any loss or other damage which may result from the management of such assets; (ii) Fabric does not guarantee any particular rate of return concerning the Account; (iii) Client has read and understands the Apex FDIC-Insured Sweep Program terms and conditions; and (iv) Client has received a current copy of the Fabric Privacy Policy upon signing this Agreement.