Terms of Service

1. Acceptance of Terms

By accessing or using any website, portal, dashboard, mobile application, or service operated by Ironborne Industries LLC ("Ironborne," "we," "us," or "our"), you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you must not access or use our services.

These Terms constitute a legally binding agreement between you and Ironborne Industries LLC, a Texas limited liability company with its principal place of operations in Hudspeth County, Texas, and a wholly owned subsidiary of Ironborne Holdings LLC, a Wyoming limited liability company.

Your continued use of our services after any modifications to these Terms constitutes acceptance of those modifications. We will notify registered users of material changes via the email address on file.

2. Description of Services

Ironborne Industries operates an iron extraction and foundry operation in Hudspeth County, Texas, utilizing electromagnetic drum harvesters and proprietary production processes. We provide the following digital services ("Services"):

• Investor Portal: A secure dashboard providing accredited investors with access to production reports, revenue data, distribution schedules, and investment documentation.
• Worker Portal: A platform for field and foundry workers to access schedules, timekeeping records, safety documentation, training materials, and payroll information.
• Admin Portal: An internal management system for authorized administrators to oversee operations, personnel, investor relations, and compliance.
• Real-Time Production Dashboard: A monitoring interface displaying live production metrics, equipment status, inventory levels, and operational data.

The specific features and functionality available to you depend on your account type and role within the Ironborne organization.

3. Account Registration and Security

3.1 Account Types

We maintain three categories of user accounts:

• Admin Accounts: Reserved for authorized management and operations personnel of Ironborne Industries. Admin accounts are created internally and are not available through self-registration.
• Investor Accounts: Available to qualified and accredited investors who have completed the full onboarding process, including identity verification, accreditation confirmation, and execution of all required investment documents.
• Worker Accounts: Created for employees and authorized contractors of Ironborne Industries upon commencement of their engagement. Worker accounts require completion of all onboarding documentation including safety waivers and NFC timekeeping consent.

3.2 Registration Obligations

You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. You are responsible for safeguarding the password and any other credentials used to access your account.

3.3 Account Security

You must immediately notify Ironborne at legal@ironborne.us if you become aware of any unauthorized access to or use of your account. You are responsible for all activity that occurs under your account, whether or not you authorized that activity.

We reserve the right to disable any account at any time if, in our sole judgment, you have violated any provision of these Terms or if your account poses a security risk.

4. Investor-Specific Terms

The following terms apply specifically to users with Investor accounts, in addition to all other provisions of these Terms.

4.1 Accredited Investor Representations

By creating an Investor account and accessing investment-related materials, you represent and warrant that you are an "accredited investor" as defined in Rule 501(a) of Regulation D under the Securities Act of 1933, as amended. You agree to provide documentation supporting your accredited status upon request and to promptly notify Ironborne if your accredited investor status changes.

4.2 Securities Exemption Disclosures

Any investment interests offered through the Ironborne platform are offered in reliance on exemptions from registration under the Securities Act of 1933, specifically Regulation D, Rule 506(b) and/or Rule 506(c), as applicable. These offerings:

• Are not registered with the Securities and Exchange Commission (SEC) or any state securities regulatory authority.
• Do not constitute a public offering of securities.
• Are subject to restrictions on transferability and resale as set forth in the applicable offering documents.
• Have not been approved or disapproved by the SEC or any state securities commission, nor has any such authority passed upon the accuracy or adequacy of any offering materials.

4.3 Auto-Exit Mechanism

You acknowledge and agree that certain investment structures offered by Ironborne may include an automatic exit mechanism triggered upon achievement of a 5x return multiple on your original capital contribution (the "5x Auto-Exit"). The specific terms, calculation methodology, and timeline for any auto-exit mechanism are governed by the applicable operating agreement, subscription agreement, or offering memorandum executed in connection with your investment. Nothing in these Terms modifies or supersedes those documents.

4.4 Non-Disclosure Requirement

Access to detailed production data, financial projections, operational processes, and proprietary business information through the Investor Portal requires execution of a separate Non-Disclosure Agreement ("NDA"). Until the NDA is fully executed, your access may be limited to summary-level information. You agree to abide by the terms of any NDA executed in connection with your investment.

4.5 No Guarantee of Returns

5. Worker-Specific Terms

The following terms apply specifically to users with Worker accounts, in addition to all other provisions of these Terms.

5.1 Employment Relationship

Your engagement with Ironborne Industries LLC is at-will, meaning either party may terminate the relationship at any time, with or without cause, and with or without notice, to the extent permitted by applicable law. Nothing in these Terms creates an employment contract for a definite term. The specific terms of your engagement are governed by your employment agreement or contractor agreement, as applicable.

5.2 Personal Protective Equipment (PPE) Compliance

You acknowledge that foundry and iron extraction operations involve inherently hazardous conditions. You agree to comply with all PPE requirements, safety protocols, and operational procedures established by Ironborne and applicable regulatory authorities, including the Occupational Safety and Health Administration (OSHA). Failure to comply with safety requirements may result in immediate removal from the worksite and termination of your engagement.

5.3 NFC Timekeeping Consent

Ironborne uses NFC (Near Field Communication) keychain lanyards for employee time tracking and facility access. As a condition of your engagement, you consent to the use of NFC-based timekeeping, which records check-in and check-out timestamps and your proximity to NFC readers located within the facility. This data is used for payroll processing, attendance tracking, safety compliance, and emergency roll call purposes.

For additional details regarding how NFC proximity data is collected, used, and retained, see our Privacy Policy and Biometric Information Privacy Policy.

5.4 Medical Implant Disclosure

Due to the presence of high-powered electromagnetic equipment on-site, you are required to disclose any medical implants, devices, or conditions that may be affected by electromagnetic fields. This includes, but is not limited to, cardiac pacemakers, defibrillators, insulin pumps, cochlear implants, and metallic orthopedic implants. Failure to disclose relevant medical information may result in serious injury and will be considered a material breach of your employment terms.

5.5 OSHA Compliance

Ironborne is committed to providing a safe and healthful workplace in compliance with the Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et seq.) and applicable Texas state occupational safety requirements. You agree to participate in all required safety training, report unsafe conditions promptly, and cooperate fully with any safety investigations or audits.

6. Intellectual Property

All content, features, functionality, software, designs, text, graphics, logos, icons, images, and data available through the Services (collectively, "Ironborne Content") are the exclusive property of Ironborne Industries LLC or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

This includes, without limitation:

• The Ironborne name, logo, and all related brand identifiers.
• Proprietary iron extraction and foundry production processes and methodologies.
• Dashboard software, user interfaces, data visualizations, and underlying technology.
• Production data, operational metrics, and analytical tools.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for their intended purpose and in accordance with these Terms. You may not reproduce, distribute, modify, create derivative works of, publicly display, reverse engineer, or otherwise exploit any Ironborne Content without our prior written consent.

7. User Content and Data

You retain ownership of any content, data, or materials you submit through the Services ("User Content"). By submitting User Content, you grant Ironborne a non-exclusive, royalty-free, worldwide license to use, store, process, and display such content solely for the purpose of providing and improving the Services.

You represent and warrant that you have all necessary rights to submit any User Content and that such content does not violate any third-party rights or applicable law.

We handle your personal information in accordance with our Privacy Policy, which is incorporated into these Terms by reference.

8. Prohibited Conduct

You agree not to engage in any of the following activities:

• Using the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
• Interfering with or disrupting the integrity or performance of the Services or the data contained therein.
• Uploading or transmitting viruses, malware, or other malicious code.
• Scraping, data mining, or using automated means to access the Services without our prior written consent.
• Sharing, selling, or otherwise distributing your account credentials to any third party.
• Sharing confidential production data, investor information, or proprietary business information with unauthorized parties.
• Misrepresenting your identity, accredited investor status, qualifications, or affiliations.
• Impersonating another user or person, or falsely claiming an affiliation with Ironborne.
• Using the Services to engage in any form of market manipulation, fraud, or deceptive practice.
• Tampering with, disabling, or interfering with NFC timekeeping equipment or safety monitoring systems.
• Photographing, recording, or documenting proprietary processes or equipment without written authorization.

9. Disclaimers and Limitation of Liability

9.1 General Disclaimer

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

9.2 Investment Disclaimer

IRONBORNE DOES NOT GUARANTEE ANY INVESTMENT RETURNS. ALL PRODUCTION FIGURES, REVENUE PROJECTIONS, AND FINANCIAL ESTIMATES DISPLAYED THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT PROMISES, GUARANTEES, OR BINDING COMMITMENTS. ACTUAL RESULTS MAY DIFFER MATERIALLY FROM ANY PROJECTIONS. INVESTMENT IN IRONBORNE CARRIES SIGNIFICANT RISK, INCLUDING THE POTENTIAL FOR TOTAL LOSS OF INVESTED CAPITAL.

9.3 Operational Risk Disclaimer

IRON EXTRACTION AND FOUNDRY OPERATIONS ARE INHERENTLY DANGEROUS. IRONBORNE DOES NOT WARRANT THAT ITS FACILITIES, EQUIPMENT, OR OPERATIONS ARE FREE FROM ALL RISK OF INJURY OR HARM. WHILE WE MAINTAIN SAFETY PROTOCOLS IN COMPLIANCE WITH OSHA AND APPLICABLE REGULATIONS, YOU ACKNOWLEDGE THAT WORKING IN OR VISITING AN INDUSTRIAL FACILITY CARRIES INHERENT RISKS.

9.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL IRONBORNE INDUSTRIES LLC, IRONBORNE HOLDINGS LLC, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT IRONBORNE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO IRONBORNE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

10. Indemnification

You agree to defend, indemnify, and hold harmless Ironborne Industries LLC, Ironborne Holdings LLC, and their respective officers, directors, members, managers, employees, agents, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your access to or use of the Services.
• Your violation of these Terms or any applicable law or regulation.
• Your violation of any third-party rights, including intellectual property rights or privacy rights.
• Any User Content you submit through the Services.
• Any misrepresentation made by you, including regarding your accredited investor status.

11. Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent that matters of LLC governance are implicated, the internal affairs of Ironborne Holdings LLC shall be governed by the laws of the State of Wyoming.

11.2 Binding Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or validity thereof, shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules. The arbitration shall be conducted in El Paso County, Texas, before a single arbitrator. The arbitrator's award shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AND IRONBORNE AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

11.4 Exceptions

Notwithstanding the arbitration provisions above, either party may seek injunctive or other equitable relief in state or federal courts located in El Paso County, Texas, to protect its intellectual property rights or confidential information. Both parties consent to the personal jurisdiction of such courts.

12. Modification of Terms

We reserve the right to modify these Terms at any time at our sole discretion. If we make material changes, we will provide notice by posting the updated Terms on the Services and updating the "Last Updated" date at the top of this page. For registered users, we will also send notice to the email address associated with your account at least thirty (30) days before the changes take effect.

Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Services and contact us to close your account.

13. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision, and the remaining provisions shall continue in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, Biometric Information Privacy Policy, E-Sign Consent, and any applicable investment documents (including subscription agreements, operating agreements, and NDAs), constitute the entire agreement between you and Ironborne Industries LLC regarding your use of the Services. These Terms supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision. Our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

15. Contact Information

If you have questions about these Terms, please contact us:

Ironborne Industries LLC
Hudspeth County, Texas
Email: legal@ironborne.us
Website: ironborne.us

For matters relating to the Wyoming holding entity, direct correspondence to:

Ironborne Holdings LLC
Email: legal@ironborne.us