EVOLVED DECKS TERMS & CONDITIONS

THESE TERMS AND CONDITIONS (“TERMS”) FOR THE SALE OF PRODUCTS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS WHICH MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY. BY AGREEING TO THESE TERMS, YOU (REFERRED TO AS “CUSTOMER” OR “CLIENT” AS THE CONTEXT MAY REQUIRE) AGREE: (I) YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS AND CONSENT TO BE LEGALLY BOUND BY THESE TERMS; AND (II) YOU ACCEPT AND ARE BOUND BY THESE TERMS BY PLACING AN ORDER FOR PRODUCTS FROM OUR COMPANY YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS COMPANY IF YOU: (A) DO NOT AGREE TO THESE TERMS; (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS SITE OR ANY OF THIS COMPANY’S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW. These Terms apply to the purchase and sale of all products, including, components, parts, kits, spare and repair parts, and other items (“product(s)”) manufactured by EvolvedDecks LLC, “Company,” “us”, “we”, or “our” as the context may require). 2. o Order Acceptance, and Cancellation: “ALL SALES ARE FINAL” ALL KIT ORDERS ARE “CUSTOM ORDERS”. EvolvedDecks LLC DOES NOT KEEP AN INVENTORY. EACH ORDER FOR KITS AND/OR COMPONETS WILL BE MANUFACTURED UPON RECEIPT OF PAYMENT FOR THE ORDER. 3. o Prices and Payment Terms: 1. All prices posted by us are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. 2. Posted prices do not include taxes or installation fees. All such taxes and charges will be added to your merchandise total and will be itemized in your receipt and in your order confirmation e-mail, if applicable. 3. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors. 4. Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us and have cleared our bank account before an order is finalized and produced. i. We accept Visa, Mastercard, OR Discover. You may also pay for your purchases via bank transfer. In our sole discretion, we may accept personal checks or business checks. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 2 | Page 1. You represent and warrant the following: 1. the credit card information you supply to us is true, correct, and complete, 2. you are duly authorized to use such credit card for the purchase, 3. charges incurred by you will be honored by your credit card company, and 4. you will pay charges incurred by you at the posted prices, including all applicable taxes, if any. 5. We will calculate and collect sales or use tax in every jurisdiction as currently required by state and local law. You agree to pay these taxes. 6. For those areas in which EvolvedDecks LLC has not established nexus, all prices quoted are exclusive of all taxes including, but not limited to, federal, state, provincial and local sales, excise, value added, goods and services taxes and any other taxes. You agree to indemnify and hold us harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. 7. When applicable, transportation and taxes shall appear as separate items on our invoice. 8. Customer agrees to pay, or reimburse us for, all costs of collection, including actual out-of-pocket attorneys’ fees and expenses, the fees and expenses of any collection agency, and other collection costs. 9. Any credit terms provided by EvolvedDecks LLC may be changed or eliminated at any time if your creditworthiness changes. At its option at any time, EvolvedDecks LLC may require a guarantor of your account. 4. o Shipments, Delivery, Title, Risk of Loss, and Inspection: 1. In most cases, we will arrange for shipping of products purchased from us. It is your responsibility, however, to unload the product from the freight truck. 2. Unless otherwise noted, the order will ship FOB destination, meaning title and risk of loss for the products ordered will pass to you upon delivery to you. 3. Lead times, shipping and delivery dates provided are estimates only and cannot be guaranteed, therefore, we are not liable for any delays in shipments. 4. Most shipments are delivered by an LTL common carrier using standard trailers. Some shipments may require a flatbed truck. The shipper will determine the appropriate delivery vehicle in its sole discretion. i. If your destination cannot accommodate the delivery vehicle, you will be responsible for providing an alternate delivery location, or arranging pick up at the nearest terminal, in which case redelivery fees and storage charges may apply. ii. iii. EvolvedDecks LLC shall not be responsible for any losses, costs or damages due to geographic location, local covenants, neighborhood association rules, or any other restrictions (such as dirt roads, wooden bridges, or low power lines) which delay or prevent the delivery of your order. You will be solely responsible for selecting appropriate site location for the product, including obtaining all required permits or licenses and locating any gas, cable or electrical lines. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 3 | Page 5. We will attempt to coordinate multiple shipments to arrive within the same delivery window. However, we cannot guarantee arrival times or same-day delivery of multiple shipments. i. ii. If for some reason your shipment is undeliverable, storage charges and redelivery fees may apply. You will be responsible for rescheduling the delivery or rerouting the delivery to another location, as well as all additional costs or fees. 6. Shipping damage must be reported to us within three (3) calendar days of delivery. i. ii. iii. EvolvedDecks LLC will not be held responsible for any shipping or material costs associated with the replacement of such parts if you fail to comply with the time limits set forth in this provision. You must identify any damage to your order on the bill of lading or delivery receipt. If damage is suspected due to outside appearance of pallet wrap or otherwise, you must note on the bill of lading that your acceptance of the order is “subject to concealed or hidden damage.” EvolvedDecks LLC will not be held responsible for any freight or material costs associated with replacing damaged component(s) if: 1. The damage is not noted on the bill of lading or delivery receipt at the time of delivery and 2. You do not contact us as outlined herein. 7. Before rejecting a shipment, immediately contact EvolvedDecks LLC Customer Service at 1-530-270-9050. 5. o Third-Party Products and Services: 1. EvolvedDecks LLC does not provide engineering for kits sizes of two hundred square (200 s.f.) feet or under. 2. EvolvedDecks LLC is not responsible for any local rules or requirements that may affect Customer’s ability or right to install or use the products, including obtaining any permits and compliance with any building codes, subdivision rules, homeowner association rules, and similar restrictions. EvolvedDecks LLC is not responsible for any property conditions or restrictions that may affect Customer’s ability or right to install or use the products, including deed restrictions, real estate covenants, soil conditions, right of way restrictions, or setback restrictions. EvolvedDecks LLC is not responsible for any delay or inability to install or use the products due to cables, water lines, sewer lines, gas lines, or other utility lines, or because of the presence of tree canopies or roots, or any other above ground or underground conditions. You are solely responsible for all of the foregoing matters, and you assume the risk that you may not be able to use the products because of any of the foregoing matters. 3. Stem walls and concrete foundations must be built in compliance with local building code requirements and in accordance with design specifications provided by EvolvedDecks LLC for the applicable framing system or structure being constructed. You acknowledge that any pre-existing stem wall or concrete foundation may not be suitable for the framing system or structure being constructed. 4. EvolvedDecks LLC is not responsible for any matters relating to installation of the products. Due to potential delivery delays, we recommend scheduling installation only after receipt of all ordered products. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 4 | Page 5. EvolvedDecks LLC will not be responsible for any costs, liabilities, damages, or expenses for forklift rentals, installation (including, electrical and wiring installations), engineering and design services (including assessment and evaluation of load limits and on-site inspections), lifting equipment, delivery delays or other damages, costs, expenses or liabilities resulting from, in connection with, or arising from the actions or omissions of third-party vendors. You agree to release us from all such damage, costs, expenses, or liabilities resulting from, in connection with or arising from such services performed by such third-party vendors. 6. You acknowledge that local building codes and requirements are subject to change at any time. You acknowledge that information provided on our website, or otherwise made available to you, may be outdated. You are solely responsible for any additional parts, bracing, drawing changes, or other matters that may be required because of local building codes or requirements. 7. You acknowledge that local rules may require Ground Rebar anchors to be set in concrete piers and/or accompanied by additional cabling anchoring (such as Bill Anchors). You are solely responsible for complying with any such local rules. 8. Other items may be ordered by us on your behalf. Those items may have a separate and distinct warranty which will be disclosed upon request from the item manufacturer. See the limited warranty and exclusions in Sections 6 and 7, below. 6. o Limitation of Liability: 1. IN NO EVENT SHALL EvolvedDecks LLC, ITS PARENTS, AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT EvolvedDecks LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. 2. IN NO EVENT SHALL EvolvedDecks LLC AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID TO EvolvedDecks LLC FOR THE PRODUCTS SOLD HEREUNDER. 7. o Disclaimer of Liability for Misuse: 1. The individual components and accessories are designed to be assembled as a complete framing system per Company specifications. Components which EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 5 | Page are manipulated, eliminated, or utilized in any manner outside the standard design of a Company structure can cause the unit and/or structure not to perform correctly, fail, and/or cause personal injury or death. It is the buyer(s), end user(s), and/or installer(s) sole responsibility to determine the specific building code requirements applicable in the city and/or county of the state in which his/her intended use of the product and/or components are erected; and to ensure the product is installed with adequate materials and in such a manner as to comply with those codes. Eliminating components or choosing not to utilize components required within the structure may impair the structure’s ability to meet specified and required by local building codes. Any departure from the Company provided instructions will void any warranty provided by the Company, and all liability from the use of an improperly constructed or modified structure will be the responsibility of the buyer(s), end user(s) and/or installer(s). 2. Any other structural modification not approved by the Company, including adding extension pieces to increase the “width”, “length”, and/ or “height” of an existing structure, utilizing parts not produced by the Company, or otherwise changing the structure beyond its structural capability may impair its ability to meet sufficient load requirements and/or performance under that load rating required by the local building code. This may cause the unit to fail and cause harm to surrounding contents and/or property, cause personal injury and/or death. Any departure from the Company provided instructions will void any warranty provided by the Company and all liability from the structure will be the responsibility of the buyer(s), end user(s) and/or installer(s). 3. EvolvedDecks LLC parts and components have been designed to work with only EvolvedDecks LLC products. EvolvedDecks LLC parts and components may not integrate with or attach to other structures, supports, or brackets. All parts orders are final and are non-returnable and non-refundable. 8. o Indemnification: To the maximum extent permitted under applicable law, you agree to fully indemnify, defend, and hold us, our agents, successors, and assigns and our and their directors, officers, employees, consultants, and other representatives, harmless from and against all claims, damages, losses, costs, attorneys’ fees and other expenses arising out of, relating to, or in connection with: 1. Your breach or alleged breach of these Terms. Personal injury or death, or destruction of any property caused by your/ the end user (or your direct or indirect employees’) conduct, actions (or inaction), performance (or failure to perform) and/or negligence with regard to the transportation, construction, resale or other use of materials or products supplied by the Company; 2. Any allegation or any materials you submit to us or transmit through the company or allegedly infringe the intellectual property rights of any third party; or 3. Your negligence or willful misconduct. 9. o Attorneys’ Fees: If EvolvedDecks LLC brings any action to enforce its rights under these Terms, EvolvedDecks LLC shall be entitled to recover all fees and expenses in bringing and pursuing such action, including attorneys’ fees incurred to enforce the indemnity provision in Section 7 above or any other provision of these Terms. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 6 | Page 10. o Products Not for Resale or Export: You agree to comply with all applicable laws and regulations of the various states and of the United States including all Export Regulations, as defined below. You represent and warrant you are buying products or services from the company for your own personal or household use only, and not for sales or export. Products and services purchased from the company may be controlled for export purposes by export regulations, including but not limited to, the Export Administration Act of 1979 (50 U.S.C. 2401-2410), the Export Administration Regulations promulgated thereunder (15 C.F.R. 768-799), the International Traffic in Arms Regulations (22 C.F.R. 120-128 and 130) and their successor and supplemental regulations (collectively, “Export Regulations”). 11. o Intellectual Property Use and Ownership: You acknowledge and agree with the following: 1. You will comply with all terms and conditions of specific license agreements, if any, for any product or service you obtain through this company, including, but not limited to, all confidentiality obligations and restrictions on resale, use, reverse engineering, copying, making, modifying, improving, sublicensing and transfer of those licensed products and services. 2. You will not cause, induce, or permit others’ noncompliance with the terms and conditions of any of these Product and service license agreements. 3. EvolvedDecks LLC and its licensor(s) are and will remain the sole and exclusive owner(s) of all intellectual property rights in and to each product and service made available by our company and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks and other intellectual property rights, subject only to the limited license, granted under the product’s or service’s license agreement. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products or services made available through our company or of any intellectual property rights relating to such products or services. 12. o Privacy: We respect your privacy and are committed to protecting it. Our privacy policy governs the processing of all personal data collected from you in connection with your purchase of products or services through the website (if applicable). 13. o Force Majeure: We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 7 | Page 14. o Governing Law and Jurisdiction: All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than those of the State of California. 15. o Dispute Resolution and Binding Arbitration: 1. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN LAW OR EQUITY, EXCLUDING CLAIMS FOR INJUNCTIVE RELIEF, AND WHETHER PRE-EXISTING, PRESENT OR FUTURE) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH OUR COMPANY, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. 2. The arbitration will be conducted pursuant to the American Arbitration Association (“AAA”) Consumer Arbitration Rules (the “AAA Rules”), then in effect, except as may be modified by this Section Fourteen (14), before a single arbitrator, and in a location to be agreed to by the parties. If the parties cannot agree upon a location within fifteen (15) days, the arbitration will be conducted in Nevada City, California, USA. The Federal Arbitration Act will govern the interpretation and enforcement of this section. Each party will bear the cost and expenses incurred under the AAA and of the arbitrator, and each party will bear its own costs and expenses; provided, however: i. The failure by one party to pay its share of arbitration fees constitutes a waiver of such party’s claim or defense in the arbitration, and ii. iii. The arbitrator may award attorneys’ fees and costs to the prevailing party. In no event will any party be awarded punitive or exemplary damage, or any other damage not measured by the prevailing party’s actual damages. All arbitration proceedings shall be confidential, except to the extent disclosure is necessary to enforce an arbitration award in a court of competent jurisdiction. In all other cases seeking injunctive relief, the parties agree and consent to exclusive jurisdiction of the circuit courts of Nevada City, California. 3. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge which the arbitration provision or the Terms are void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. 16. o Assignment: You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of Section Fourteen (14) is null and void. No assignment or delegation relieves you of any of your obligations under these Terms. EvolvedDecks Purchase Terms & Conditions Rev. 12/10/25 8 | Page 17. o No Waivers: The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of the right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of EvolvedDecks LLC. 18. o No Third-Party Beneficiaries: These Terms do not and are not intended to confer any rights or remedies upon any person other than you. 19. o Severability: If any provision of these Terms is found to be unenforceable, the unenforceable provision will be severed, and the remaining provisions of these Terms will remain valid and be enforced. 20. o Notices: 1. To You. We may provide any notice to you under these Terms by: i. Sending a message to the e-mail address you provide or ii. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting will be effective upon posting. It is your responsibility to keep your e-mail address current. 2. To Us. To give us notice under these Terms, you must contact us as follows: i. By personal delivery, overnight courier or registered or certified mail to EvolvedDecks, LLC, P.O. BOX 660 Grass Valley, Ca 95945. We may update our address for notices to us by posting a notice on the website www.evolveddecks.com. Notices provided by personal delivery, overnight courier or registered or certified mail will be effective upon confirmed receipt. 21. o Entire Agreement: Order confirmations and these Terms relate to any product or service you obtain through our company and will be deemed the final and integrated agreement between you and us on the matters contained in these Terms. EvolvedDecks Purchase Terms & Conditions

Rev. 12/10/25