FlikTok Terms of Service

In order to use our Services, you must be at least 18 years of age. If you are under 18 years of age (or the age of legal majority where you live), you may not access or use our Services. If you use our Services on behalf of another person or entity, (a) all references to "you" throughout these Terms will include that person or entity, (b) you represent that you are authorized to accept these Terms on that person's or entity's behalf, and (c) in the event you or the person or entity violates these Terms, the person or entity agrees to be responsible to us.

The Services are not available to residents of countries named on the US Department of the Treasury Sanctions list or named on the Office of Foreign Asset Control's list of Specially Designated Nationals and Blocked Persons ("SDN List").

By accessing the Services, You represent that you are legally permitted to use the Services in your jurisdiction including owning Digital Assets and interacting with the Services in any way. For the avoidance of doubt, the ability to access the Services does not necessarily mean that the Services, or your activities through them, are legal under the laws, regulations or directives relevant to your jurisdiction. All of the Services made available may not be available to all users, and we reserve the right to assess or reassess at any time your eligibility to use all or part of our Network.

Portions of the Services can be used for free without setting up an account. If you want to earn FTC tokens for interacting with the Services, You must set up an account. If you register for an account, you must provide accurate account information and promptly update this information if it changes. You also must maintain the security of your account and promptly notify us if you discover or suspect that someone has accessed your account without your permission. You must not permit others to use your account credentials. You are responsible for the activities of any users that occur in connection with your account.

To access the Services or some of the resources we offer, you may be asked to provide or be assigned a Polygon-compatible wallet address (a "Wallet"). When you create an account via email signup, FlikTok automatically generates a platform-managed Wallet on your behalf. Your managed Wallet's private key is encrypted using AES-256-GCM and stored securely by FlikTok. You may replace your managed Wallet with your own self-custody wallet (e.g., MetaMask, WalletConnect) at any time, at which point any FTC balance will be transferred to your new wallet and FlikTok will no longer hold your private key. If you connect your own Wallet, it is your sole responsibility to maintain the security of that Wallet. If you lose access to a self-custody Wallet, a private key, password, or other method of securing your Wallet, any funds may be irretrievable, and we will be unable to assist you in any way. You hereby irrevocably waive, release and discharge all claims, whether known or unknown to you, against us, our affiliates and their respective shareholders, members, directors, officers, employees, agents and representatives related to your use of any Wallet software, associated loss of funds, transaction failures, or any other defects that arise in the course of your use of your Wallet, including any losses that may obtain as a result of any failure in smart contracts made available on the Services.

By using the Services, you agree to be fully, independently and personally liable for each transaction made by you, and you must make sure that you are the only person with access to your Wallet at all times. You hereby accept responsibility for any activity transacted with the Services through your Wallet.

We will use commercially reasonable technical and physical safeguards to make the Services securely available to users. However, given the inherent risk of transmitting information over the internet and the relatively new and untested nature of decentralized finance and digital assets, we will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Network, to users. You are responsible for making all arrangements necessary for you to have access to the Services and ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them.

Some Services involve the use of blockchains, including the Ethereum blockchain, which may require that you pay a fee, such as "Polygon (POL or MATIC) Gas Charges", for the computational resources required to perform a transaction. You acknowledge and agree that FlikTok has no control over these fees, including: (a) any Ethereum > Polygon blockchain transactions; (b) the method of payment of any Ethereum > Polygon Gas Charges; or (c) any actual payments of Ethereum > Polygon Gas Charges. Accordingly, you must ensure that you have a sufficient balance of digital assets, such as Ether, stored at your Wallet to complete any transaction on the Ethereum blockchain network before initiating such transactions.

You may be subject to additional fees and charges, including fees required to access certain smart contracts. You acknowledge that such fees may be adjusted from time to time by us or by other users who set the terms of their own smart contracts. If you do not agree with the fees charged for our Services, do not use or access the Services.

The use of certain smart contract functionality may require the purchase of FTC Tokens, the payment of fees or the posting of collateral in other types of Digital Assets as determined by the creator of such smart contract. You agree that any such fees or requirements are reasonable, and your use of the Services or any related smart contracts shall constitute your acceptance of such fees or requirements.

Notwithstanding anything in this Agreement to the contrary, it is your sole responsibility to determine whether, and to what extent, any taxes apply to any transactions you conduct through the Services, and to withhold, collect, report and remit the correct amount of taxes to the appropriate tax authorities. You agree to indemnify and hold us harmless for your failure to pay any taxes, including any penalties, duties and interest, imposed by any governmental authority.

The Services may contain links to social media, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, FAQs and other interactive features that allow users to post, submit, publish, display, advise or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services. You are responsible for all data and information provided or uploaded by you to the Services, whether publicly posted (i.e., in a user forum, if applicable) or privately transmitted (i.e., to us in connection with a support request). Except for the license you grant below, you retain all rights in and to your User Content, as between you and FlikTok.

By submitting, posting, or otherwise making available any content through the Services ("User Content"), you grant FlikTok, LLC and its subsidiaries and affiliates a non-exclusive, royalty-free, worldwide, fully paid, and sublicensable license to use, host, store, reproduce, publish, translate, distribute, publicly perform, and publicly display such User Content, including any name, username, or likeness provided in connection with such User Content, in all media formats and channels now known or later developed, without compensation to you.

Notwithstanding the foregoing, if you upload or submit audiovisual materials, trailers, clips, still images, or other professional creative works in connection with promoting a film, television program, or audiovisual project (collectively, "Licensed Materials"), such materials shall be governed exclusively by the FlikTok Upload & Editorial Use License, which shall control and supersede this Section to the extent of any conflict.

When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username or profile photo) may be visible to others. FlikTok does offer users the ability to make their profile private.

You may not create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that your User Content, and our use of such content as permitted by these Terms, will not violate any rights of or cause injury to any person or entity. Although we have no obligation to screen, edit or monitor User Content, we may delete or remove User Content at any time and for any reason with or without notice.

You will not violate any applicable law, contract, intellectual property right, or other third-party right, or commit a tort, and you are solely responsible for your conduct while using the Services.

Prohibited Conduct

You will not, directly or indirectly:

• Engage in any harassing, threatening, intimidating, predatory, or stalking conduct
• Use or attempt to use another user's account without authorization from that user and FlikTok
• Impersonate or post on behalf of any person or entity, or otherwise misrepresent your affiliation with a person or entity
• Sell, resell, or commercially use the Services
• Copy, reproduce, distribute, publicly perform, or publicly display all or any portion of the Services, except as expressly permitted by FlikTok or its licensors
• Modify the Services, remove proprietary rights notices or markings, or create derivative works based on the Services
• Use the Services for any purpose other than their intended purpose, or in any manner that interferes with, disrupts, negatively affects, or inhibits other users from fully enjoying the Services
• Reverse engineer, decompile, or disassemble any aspect of the Services
• Attempt to circumvent any content-filtering techniques or access any feature or area of the Services that you are not authorized to access
• Use any data mining, robots, scraping, or similar data-gathering or extraction methods
• Develop or use any applications or automated systems that interact with the Services without our prior written consent
• Send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes
• Use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms

Additional Prohibited Uses

Without limiting the foregoing, you may not:

• Create multiple accounts for the purpose of manipulating rewards, token distribution, rankings, or platform metrics
• Use bots, scripts, or other automated tools to access, interact with, or exploit the Services
• Attempt to hack, exploit, probe, or test the vulnerability of the platform or any related systems
• Engage in any activity intended to artificially inflate engagement, rewards, or usage metrics

Prohibited Content

You may only post or otherwise share User Content that is non-confidential and that you have all necessary rights to disclose. You may not create, post, store, or share any User Content that:

• Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent, or invasive of privacy or publicity rights
• Constitutes, encourages, or provides instructions for a criminal offense, or violates any applicable local, state, national, or international law
• Infringes or misappropriates any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party
• Contains statements, remarks, or claims that do not reflect your honest views and experiences
• Impersonates or misrepresents your affiliation with any person or entity
• Contains unsolicited promotions, advertising, political campaigning, or solicitations
• Includes private or personal information of a third party without that party's consent
• Contains viruses, corrupted data, or other harmful, disruptive, or destructive files or content
• In FlikTok's sole judgment, is objectionable, restricts or inhibits any person from using or enjoying the Services, or may expose FlikTok or others to harm or liability of any kind

Enforcement

Failure by FlikTok to enforce this Section in any instance does not constitute a waiver of our right to enforce it in other instances. This Section does not create any private right of action on the part of any third party, nor does it create any expectation that the Services will be free of prohibited content.

Forfeiture of FlikCoin (FTC)

If your account is suspended or terminated due to a violation of these Terms, any applicable FlikTok policies, or any other prohibited conduct, you will immediately and permanently forfeit all accrued FlikCoin (FTC) tokens, rewards, balances, and any associated benefits. FlikTok is under no obligation to compensate, reimburse, or restore any forfeited FTC, regardless of the amount or value. By using the Services and earning FTC, you acknowledge and agree that compliance with these Terms is a prerequisite for retaining any FTC balance or related benefits.

In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify FlikTok's designated agent as follows:

Your use of our Services is at your sole risk. EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY US, OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" 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. WE EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES OR ANY INFORMATION DISPLAYED THEREIN.

In addition, FlikTok does not represent or warrant that our Services are accurate, complete, reliable, current or error-free. While FlikTok attempts to make your use of our Services and any content therein safe, we cannot and do not represent or warrant that our Services or servers are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services.

Use of the Services may carry financial risk. Digital Assets are a novel and relatively experimental technology. Their value, if any, can fluctuate with great volatility, and transactions conducted with Digital Assets are irreversible. The use of Digital Assets in decentralized finance is inherently risky, and you acknowledge and agree that you are accessing and using the Services at your own risk. The risk of loss due to market volatility and malfeasance by others can be substantial.

Digital Assets and smart contracts are typically described using extremely technical language that is difficult to understand and requires a deep knowledge of cryptography and computer science. Dapps made available through the Services may have inherent design flaws that have not been detected in testing or may not perform as expected in conjunction with third-party technology or high-volume use. You should carefully consider whether you have sufficient understanding of the technology before accessing or using the Services.

By accessing or using the Services, you hereby represent that you have the requisite knowledge and experience to evaluate the risk of the technology you are using and any transactions you undertake, and you accept the risk that the Services might not function as anticipated and that you might lose access to your Digital Assets temporarily or permanently. You acknowledge and agree that the Company is not a party to the transactions offered through the Services and that the contract counterparty to any smart contracts you enter will likely be unknown to you.

You acknowledge that, for users with platform-managed Wallets, FlikTok acts as a custodial provider for those Wallets. FlikTok secures your managed Wallet's private key using industry-standard encryption (AES-256-GCM) and uses it solely to process transactions on your behalf (e.g., receiving FTC rewards). You may migrate to a self-custody wallet at any time, at which point FlikTok will transfer any FTC balance to your chosen wallet and permanently delete your managed Wallet's private key. For users who connect their own external Wallets, FlikTok does not hold or have access to your private keys. In many jurisdictions, the regulatory frameworks imposed by governmental authorities over the use and sale of cryptocurrencies or Digital Assets are uncertain. Changes in regulations and policies may affect your use of the Services in your jurisdiction, and you are responsible for consulting with legal counsel and complying with all applicable laws in your jurisdiction.

IN NO EVENT WILL FLIKTOK, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY NETWORKS LINKED TO THE SERVICES, ANY SMART CONTRACTS OR DISTRIBUTED APPLICATIONS EXISTING ON OR CONNECTING TO THE SERVICES, ANY LOSS OF FUNDS OR COLLATERAL, ANY CONTENT ON THE SERVICES OR SUCH OTHER NETWORKS OR ANY SERVICES OR ITEMS OBTAINED THROUGH SUCH OTHER NETWORKS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY DAMAGES, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES.

The limitations set forth in this Section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of FlikTok or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Any dispute arising from these Terms and your use of the Services will be governed by and construed and enforced in accordance with the laws of the State of Tennessee, except to the extent preempted by U.S. federal law, without regard to conflict of law rules or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of the State of Tennessee and the United States, respectively, sitting in Nashville, Tennessee.

At FlikTok's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Tennessee law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

iOS App Terms

The following terms apply if you install, access or use the Services on any device that contains the iOS mobile operating system (the "iOS App") developed by Apple Inc. ("Apple"):

• Acknowledgment: You acknowledge that these Terms are concluded solely between us, and not with Apple, and FlikTok, not Apple, is solely responsible for the iOS App and the content thereof.
• Scope of License: The license granted to you is limited to a non-transferable license to use the iOS App on any iPhone, iPod touch or iPad that you own or control as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
• Maintenance and Support: You and FlikTok acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App.
• Warranty: You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the App.
• Product Claims: You and FlikTok acknowledge that as between Apple and FlikTok, FlikTok, not Apple, is responsible for addressing any claims relating to the iOS App or your possession and/or use of the iOS App.
• Intellectual Property Rights: The parties acknowledge that, in the event of any third-party claim that the iOS App or your possession and use of the iOS App infringe that third party's intellectual property rights, FlikTok, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
• Legal Compliance: You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
• Third-Party Beneficiary: The parties acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms.

Android App Terms

The following terms apply if you install, access or use the Services on any device that contains the Android mobile operating system (the "Android App") developed by Google, Inc. ("Google"):

• You acknowledge that these Terms are between You and us only, and not with Google.
• Your use of our Android App must comply with Google's then-current Android Market Terms of Service.
• Google is only a provider of the Android Market where You obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and Content available thereon.
• Google has no obligation or liability to You with respect to Our Android App or these Terms.
• You acknowledge and agree that Google is a third-party beneficiary to the Terms as they relate to our Android App.