Lifetime Purchase Agreement

Falken Avionics, LLC — Falken EFB Lifetime Plan

Effective date: June 1, 2026

This Lifetime Purchase Agreement ("Agreement") is between you and Falken Avionics, LLC, a Texas limited liability company located at 2901 Kenai Dr., Cedar Park, TX 78613 ("Falken," "we," "us," or "our"). It governs your purchase of the Falken EFB Lifetime Plan ("Lifetime Plan").

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PURCHASING. THE LIFETIME PLAN IS A ONE-TIME PURCHASE WITH SPECIFIC TERMS THAT DIFFER FROM A SUBSCRIPTION. THIS AGREEMENT DEFINES WHAT "LIFETIME" MEANS, A LIMITED PERIOD OF GUARANTEED ACCESS, A TIERED REFUND SCHEDULE, AND HOW YOUR RIGHTS ARE TREATED IF FALKEN IS SOLD, ITS ASSETS ARE TRANSFERRED, IT DISCONTINUES THE SERVICE, OR IT CEASES TO OPERATE.

By purchasing a Lifetime Plan you agree to this Agreement, to the Falken EFB Terms of Service (the "Terms of Service"), to the Falken EFB Privacy Policy, and to the Falken EFB Liability Disclaimer, each of which is incorporated by reference. To the extent of any conflict between this Agreement and the Terms of Service with respect to the Lifetime Plan, this Agreement controls.

1. Definitions

Capitalized terms not defined here have the meanings set out in the Terms of Service. The following terms have the meanings set out below:

• "Asset Transfer" means a sale, license, assignment, or other transfer by Falken of the App, the Service, or substantially all of the assets used to operate the Service, to a third party in a transaction that is not an Equity Event, and as a result of which Falken ceases to operate the Service.
• "Equity Event" means any transaction or event by which the equity of Falken Avionics, LLC is transferred to another person or entity in whole or in substantial part, including without limitation a sale of equity interests, a merger or acquisition involving Falken Avionics, LLC, a change of control, or a transfer by operation of inheritance, trust, or estate distribution, in each case after which the resulting owner continues to operate the Service. A transfer that does not result in continuation of the Service is not an Equity Event and is governed by Section 6.2 or Section 6.3, as applicable.
• "Lifetime Price" means the one-time price paid by you for the Lifetime Plan, currently three hundred ninety-nine dollars and ninety-nine cents ($399.99 USD) plus any applicable taxes. Falken may change the Lifetime Price prospectively; the price applicable to you is the price stated at the point of your purchase.
• "Purchase Date" means the date on which Falken (or the applicable payment processor) accepts your payment for the Lifetime Plan and your Lifetime Plan becomes active.
• "Service Period" means the eighty (80) consecutive months beginning on the Purchase Date.
• "Standard Entitlement" means the level of access to the Service made available to holders of Falken's then-current paid Subscriptions of any tier (or, if Falken offers more than one paid Subscription tier with differing entitlements, the lowest paid Subscription tier offering access to all of Falken's then-current weather, charting, and aeronautical data products).

2. The Lifetime Plan

Subject to this Agreement, the Lifetime Plan grants you the Standard Entitlement, without recurring fees, beginning on the Purchase Date and continuing for the period described in Section 3.

The Lifetime Plan is offered for a limited time. Falken may discontinue offering new Lifetime Plans at any time, with or without notice, and may limit the total number of Lifetime Plans sold. Discontinuation of new sales does not affect any Lifetime Plan previously purchased.

3. Period of Guaranteed Access and Open-Ended Access

3.1 Service Period (guaranteed). Falken guarantees you the Standard Entitlement throughout the Service Period (80 months from the Purchase Date), subject only to (a) your compliance with the Terms of Service, (b) the refund elections in Section 5, and (c) the dissolution risk disclosed in Section 6.4. The Service Period is unconditional with respect to changes in Falken's ownership: it binds Falken and any successor entity resulting from an Equity Event, and it is supported by the refund obligation in Section 6.2 in the event of an Asset Transfer.

3.2 Access beyond the Service Period. Following the Service Period, your Lifetime Plan continues to provide you with the Standard Entitlement for as long as Falken Avionics, LLC (or any successor entity continuing the Service following an Equity Event) continues to offer the App as a commercially available product. Falken makes no commitment to continue offering the App beyond the Service Period. Falken may discontinue the Service after the Service Period at any time, with or without notice, without further obligation under this Agreement.

3.3 Service evolution. Throughout the Service Period and any subsequent open-ended period, the Standard Entitlement reflects Falken's then-current paid Subscription offering. Falken may add, modify, or remove individual features, data products, and integrations consistent with how Falken treats its paid Subscription users generally. A Lifetime Plan does not entitle you to features, data products, or services offered above the Standard Entitlement (for example, in any premium tier Falken may introduce in the future).

4. Price and Payment

The Lifetime Price is payable in full at the time of purchase. The Lifetime Plan is purchased through the Apple App Store and is processed by Apple as a non-consumable in-app purchase under Apple's terms. Falken does not receive or store your payment-card details.

Applicable sales, use, value-added, or similar taxes will be added at the point of purchase based on your billing address. Apple collects and remits applicable taxes in most jurisdictions.

5. Refund Schedule

Apple processes refunds for App Store purchases at its sole discretion under its own policies — see Section 5.4. Subject to that, you may request a refund of the Lifetime Plan only as set out in this Section 5 and Section 6. All refund requests must be submitted to [email protected].

5.1 Within 30 days of the Purchase Date. You may request a refund and receive the Lifetime Price minus a service fee equal to one month of the current monthly Subscription rate ($5.99 as of the Effective Date), for a refund of $394.00.

5.2 More than 30 days but not more than 90 days after the Purchase Date. You may request a refund and receive the Lifetime Price minus a service fee equal to three months of the current monthly Subscription rate (3 × $5.99 = $17.97 as of the Effective Date), for a refund of $382.02.

5.3 More than 90 days after the Purchase Date. No refund is available under this Section 5. Refund rights in the event of corporate events affecting Falken are governed exclusively by Section 6.

5.4 Apple App Store purchases. For Lifetime Plans purchased through the Apple App Store, Apple processes refunds at its sole discretion under its own policies, which may differ from this Section. If Apple does not grant a refund consistent with the schedule above, Falken will, upon receipt of documentation reasonably satisfactory to Falken, make up the difference directly so that you receive the refund amount set out in this Section.

5.5 Effect of refund. On the effective date of any refund under this Section 5, your Lifetime Plan terminates and the post-cancellation access provisions of Section 6.5 of the Terms of Service apply.

5.6 Non-waivable rights. Nothing in this Section limits any non-waivable refund or cancellation right you may have under applicable consumer-protection law.

6. Corporate Events Affecting Falken

This Section governs your rights if Falken's ownership, structure, or commitment to the Service changes during the Service Period. The provisions in this Section apply during the Service Period only; after the Service Period, your continued access is governed solely by Section 3.2 and no refund obligation arises under this Section.

6.1 Equity Event (sale of the company or merger). This Agreement, including the Service Period and all of Falken's obligations under it, binds any successor entity resulting from an Equity Event. The successor entity may make changes to the Service consistent with how it treats its paid Subscription users generally (see Section 3.3) but may not deny Lifetime Plan customers the Standard Entitlement during the Service Period.

6.2 Asset Transfer. If Falken consummates an Asset Transfer during the Service Period and consequently ceases to operate the Service, Falken will, at its election:

(a) require, as a condition of the Asset Transfer, that the acquirer continue to provide each Lifetime Plan customer the Standard Entitlement for the remainder of the Service Period; or

(b) pay you a pro-rata refund equal to:

Refund = $399.99 × (months remaining in the Service Period at the time of the Asset Transfer ÷ 80)

calculated using whole months remaining (rounded up to the next whole month).

Falken's election under (a) or (b) is at Falken's sole discretion. Falken's obligations under this Section 6.2 are obligations of Falken Avionics, LLC and survive the Asset Transfer until satisfied.

6.3 Voluntary discontinuance. If, during the Service Period, Falken voluntarily ceases to offer the App as a commercially available product other than as part of an Equity Event or Asset Transfer, Falken will pay you a pro-rata refund calculated in the same manner as in Section 6.2(b). Falken will satisfy refund obligations under this Section from Falken Avionics, LLC's available assets in accordance with applicable wind-up procedure under Texas law. If those assets are insufficient to satisfy all refund obligations under this Section in full, Section 6.4 applies to the unsatisfied portion.

6.4 Insufficient assets, dissolution, and insolvency (disclosed risk). You acknowledge that Falken Avionics, LLC is a privately-held limited liability company. IN THE EVENT OF INVOLUNTARY DISSOLUTION, BANKRUPTCY, RECEIVERSHIP, OR SIMILAR INSOLVENCY PROCEEDINGS AFFECTING FALKEN AVIONICS, LLC, OR IN THE EVENT OF A VOLUNTARY DISSOLUTION OR WIND-UP IN WHICH FALKEN AVIONICS, LLC'S AVAILABLE ASSETS ARE INSUFFICIENT TO SATISFY REFUND OBLIGATIONS UNDER THIS AGREEMENT IN FULL, YOUR UNSATISFIED RIGHTS UNDER THIS AGREEMENT RANK AS A GENERAL UNSECURED CLAIM AGAINST FALKEN AVIONICS, LLC, PAID PRO-RATA WITH OTHER UNSECURED CREDITORS TO THE EXTENT PERMITTED BY LAW, AND FALKEN MAKES NO REPRESENTATION REGARDING THE LIKELIHOOD OF RECOVERY. This is the same risk that attends any commercial relationship with a privately-held company. Falken commits to behave in good faith with respect to its Lifetime Plan customers as long as it remains operational, but cannot insure against involuntary failure or against a wind-up in which assets prove insufficient.

6.5 Notice and process. Falken will use commercially reasonable efforts to provide Lifetime Plan customers with at least sixty (60) days' advance notice of any Equity Event, Asset Transfer, or voluntary discontinuance affecting the Service, including the customer's rights and the process for receiving any applicable refund. Notice may be given by email to the address associated with your Account and through the App.

7. No Investment; No Securities

The Lifetime Plan is a one-time purchase of access to a software service. It is not an investment, a security, a financial instrument, or an interest in Falken Avionics, LLC, and confers no ownership, voting, dividend, distribution, governance, or profit-sharing rights. You are not entitled to any return on, or appreciation in the value of, your purchase, other than the access to the Service described in this Agreement.

8. Your Account; Transferability

The Lifetime Plan is granted to the Account that completed the purchase and is personal to that Account. Consistent with Section 4 of the Terms of Service, Accounts may not be shared, sold, or transferred. The Lifetime Plan may not be separately transferred, gifted, resold, or assigned, and any attempt to do so is void. On request, Falken will use commercially reasonable efforts to assist with administrative changes (such as updating the email address associated with an Account) but is not obligated to permit a transfer of the Lifetime Plan to a different person.

9. Service Availability; Aviation Use

The Service, including as accessed by a Lifetime Plan customer, is subject in all respects to the Terms of Service, the Privacy Policy, and the EFB Liability Disclaimer. Nothing in this Agreement modifies the disclaimers, warranty exclusions, limitations of liability, or indemnification provisions in those documents. In particular, THE APP IS NOT CERTIFIED AVIONICS AND IS NOT APPROVED FOR USE AS A PRIMARY MEANS OF NAVIGATION OR FOR INSTRUMENT FLIGHT, AND THE PILOT IN COMMAND REMAINS SOLELY RESPONSIBLE FOR THE SAFE CONDUCT OF EVERY FLIGHT. See the EFB Liability Disclaimer for details.

10. Limitation of Liability

THE LIMITATION OF LIABILITY IN SECTION 12 OF THE TERMS OF SERVICE APPLIES TO THIS AGREEMENT AND TO THE LIFETIME PLAN. FOR THE AVOIDANCE OF DOUBT, FALKEN'S MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE LIFETIME PLAN AND THIS AGREEMENT IS NOT INCREASED BY THE LIFETIME PRICE OR BY ANY PROVISION OF THIS AGREEMENT, EXCEPT THAT FALKEN'S OBLIGATION TO PAY ANY REFUND EXPLICITLY REQUIRED BY SECTION 5 OR SECTION 6 IS NOT LIMITED BY SECTION 12 OF THE TERMS OF SERVICE.

11. Governing Law and Dispute Resolution

The governing law, informal-resolution, arbitration, class-action waiver, carve-out, opt-out, and venue provisions of Section 16 of the Terms of Service apply to this Agreement. Disputes arising under this Agreement are governed by Texas law and resolved as provided in those provisions.

12. Apple App Store Additional Terms

If you obtained the Lifetime Plan through the Apple App Store, the Apple App Store additional terms in Section 17 of the Terms of Service apply to this Agreement and the Lifetime Plan as well, including the acknowledgment that Apple is a third-party beneficiary of these terms with the right to enforce them.

13. General

Entire agreement. This Agreement, together with the Terms of Service, the Privacy Policy, and the EFB Liability Disclaimer, is the entire agreement between you and Falken regarding the Lifetime Plan and supersedes prior agreements on the subject.

Severability. If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary.

No waiver. Falken's failure to enforce any provision is not a waiver.

Assignment. You may not assign this Agreement. Falken may assign this Agreement in connection with an Equity Event or, subject to Section 6.2, an Asset Transfer.

Notices. Falken may provide notices through the App or by email to the address associated with your Account.

Changes. Except for changes required by law, Falken will not make material changes to this Agreement that reduce your rights under an existing Lifetime Plan without your consent. Falken may revise this Agreement prospectively for Lifetime Plans sold after the revision's effective date.

Contact:

Falken Avionics, LLC

2901 Kenai Dr., Cedar Park, TX 78613

[email protected] · (816) 336-9447