You must be at least thirteen (13) years old to use the Messaging Program and must be eighteen (18) years or older to use the other services offered on the INFLUXER Platform without the need for parental or guardian consent. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to use the other services offered on the INFLUXER Platform and if applicable, grant any rights to INFLUXER. By using the INFLUXER Platform, you agree and represent either that you are of the proper age or you have obtained your parent’s or legal guardian’s consent, and that your use of the INFLUXER Platform does not violate any applicable laws or regulations.

This Agreement takes effect when you access or use the INFLUXER Platform or click the “I Accept” or similar button when prompted to review our Terms of Service (the “Effective Date”). By accessing or using the Influxer Platform or clicking on the “I Accept” or similar button, you: (A) acknowledge that you have fully read and understood these Terms; (B) represent and warrant that you have the right, power, and authority to enter into this Agreement; and (C) accept the terms, conditions, and obligations of this Agreement and agree that you will be legally bound by its terms.

INFLUXER reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement and review, improve, modify or discontinue, temporarily or permanently, the INFLUXER Platform or any content or information through the INFLUXER Platform at any time, effective with or without prior notice and without any liability to INFLUXER. INFLUXER may also impose limits on certain features or restrict your access to part or all of the INFLUXER Platform without notice or liability. In the event of any retroactive material change to your rights or our specific obligations to you under this Agreement, we will notify you via your Account and/or the email address on file and provide you the opportunity to reject the modified agreement and discontinue your use of the INFLUXER Platform. Your continued use of the INFLUXER Platform following the update to this Agreement constitutes your acceptance of the updated Agreement.

Your use of the INFLUXER Application requires you to register for an account (“Account”). INFLUXER has the right to restrict anyone from completing registration of an Account if INFLUXER determines, in its sole discretion, that such User does not meet criteria for authorization, may threaten the safety and integrity of the INFLUXER Platform or that such restriction is necessary to address any other technical, legal, or business concern that INFLUXER may have.

In creating an Account, you will be asked to, among other things, provide an email and password exclusive to the Account (“Login Information”). In addition to Login Information, you may also be required to provide certain additional information, including but not limited to your full name, date of birth, contact information, educational institution, sport, team affiliation, and such other documentation or verification as may be reasonably required by us to confirm your status as an active student-athlete rostered at an accredited institution of higher education and eligible to engage in intercollegiate athletic competition. You are responsible for the safekeeping of your Login Information and shall not provide or disclose your Login Information to any third party other than an individual with express authority to act on your behalf.

INFLUXER expressly prohibits conduct in violation of Regulations and encourages all Users to take all appropriate measures to ensure their compliance and the integrity of the INFLUXER Platform. Accordingly, you are solely responsible for any activities occurring under your Account, whether or not you have expressly authorized such activities. It is each User's responsibility to verify that they are adhering to all applicable Regulations, including but not limited to the reporting of Opportunities (as later defined). Should you believe that any unauthorized party may be using your Account in violation of any of the aforementioned, or you suspect any other breach of security, you agree to notify us immediately. You expressly authorize INFLUXER to provide true and accurate information about you, your Account, and your activities on the INFLUXER Platform in the event of an investigation by the User’s institution, organization, conference, the NCAA or applicable high school athletic association (or similar governing body), or any other appropriate authorities or entities, including federal, state, and local law enforcement.

INFLUXER does not permit or honor the transfer of Accounts. You may not purchase, sell, gift, or trade any Account, or offer to purchase, sell, gift, or trade any Account, and any such attempt shall be null and void.

Notwithstanding anything contained in this Agreement to the contrary, you acknowledge and agree that you have no ownership or other property interest in or to the Account. You further acknowledge and agree that all rights in and to the Account (including all versions, modifications, or enhancements thereof) are and shall forever be owned by and inure to the benefit of INFLUXER. If, notwithstanding the foregoing, you for any reason retain any right, title, or interest in or relating to the Account, you agree to assign, in writing and without any requirement of further consideration, all such right, title, and interest to us.

By registering for an Account, you: (A) represent and warrant that all the information you provide and submit (including but not limited to your mailing address, email address, your residential or business telephone number, and/or your mobile telephone number) is current, truthful, and accurate; (B) agree to maintain the accuracy of such information in perpetuity; and (C) represent and warrant that you are the current subscriber or owner of any telephone number and email address that you provide. You are strictly prohibited from providing a phone number or email that is not your own and authorize us to verify any information you provided through any source, including, but not limited to the use of third-party identity verification systems. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or deactivate your account in our sole discretion.

You have the right to deactivate or delete your Account at any time. You understand and agree that, except as expressly provided by law, the deactivation or deletion of your Account is your sole right and remedy with respect to any dispute you may have with INFLUXER.

In order to effectively utilize the INFLUXER application, you may also be required to register your financial account information. Payment processing services are provided through PayPal, Inc. (“PayPal”) and Venmo, LLC (“Venmo”), each of which is a third-party payment processor. Your use of PayPal or Venmo is subject to the applicable terms of service and privacy policies of those platforms, which can be found at: https://www.paypal.com/us/legalhub/useragreement-full and https://venmo.com/legal/us-user- agreement/, respectively (collectively, “Payment Processor Terms”). By agreeing to these Terms, you also agree to be bound by The applicable Payment Processor Terms, as the same may be modified from time to time. As a condition of us enabling payment processing services through Paypal and Venmo, you agree to provide us with accurate and complete information about you, and you authorize us to share it and the related transaction details with the applicable payment processing as necessary to facilitate payments. You acknowledge and agree that you are solely responsible for the accuracy of the information you have provided and for assuring that the information is the most up to date so payments can be made effectively. INFLUXER reserves the right, from time to time, to change payment processors and/or other aspects of the payment system it elects to utilize in connection with the INFLUXER Platform. In the event of any such change, you will be required to agree to the terms of service required by any such processors and other third parties.

INFLUXER RESERVES THE RIGHT TO SUSPEND AND/OR TERMINATE YOUR ACCESS TO THE INFLUXER PLATFORM AT ANY TIME FOR FAILURE TO ADHERE TO THIS AGREEMENT OR FOR ANY OTHER REASON OR NO REASON AT ALL, WITH NO LIABILITY UNDER ANY THEORY OF LAW, INCLUDING TORT OR CONTRACT, AND WITH NO LIABILITY FOR ANY TYPE OF DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS.

You acknowledge and agree that INFLUXER is not required to provide notice before suspending or terminating your access to the INFLUXER Platform. In the event that your Account is suspended, terminated, or cancelled, you will have no further access to your Account or anything associated with it.

If INFLUXER suspends or terminates your Account or access to the INFLUXER Platform, you are thereafter prohibited from registering and creating a new Account under your name or business name, an alias, a fake name, or the name of any third party, even if acting on behalf of the third party. The only way to regain access is by obtaining the written consent of INFLUXER.

Even if your right to use the INFLUXER Platform is suspended or terminated, the terms of this Agreement shall survive and will remain enforceable against you. INFLUXER reserves the right to take appropriate legal action pursuant to the Agreement.

Unless both you and INFLUXER expressly agree otherwise in writing, either party may terminate this Agreement in its sole discretion, without explanation, by providing written notice to the other, which will result in the termination of the remainder of the Terms of Service as well, except as otherwise provided in this Agreement. Notwithstanding the aforementioned, INFLUXER must acknowledge its receipt of your termination notice in order for the termination to go into effect.

To terminate this Agreement, you may send written notice to support@influxer.com. The termination will not come into effect until you receive an acknowledgment from INFLUXER that this Agreement has been terminated. In the event you properly terminate this Agreement, your right to use the INFLUXER Platform is automatically revoked, and your Account will be closed.

You may only request to terminate this Agreement only if you have successfully completed any and all open and/or active Opportunities that you entered in and are not in an active dispute with another User

In addition to any other representations and warranties contained elsewhere in this Agreement, you represent and warrant that:

A. You have the right, authority, and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement;

B. If you are a customer, you are at least thirteen (13) years old, and if you are a User, you are at least eighteen (18) years old or are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use the INFLUXER Platform and if applicable, grant any rights to INFLUXER;

C. You have fully read and understood this Agreement, and agree to be fully bound by its terms;

D. You will respect the privacy, property, and data protection rights of other Users;

E. You will communicate and act professionally and responsibly with other Users and timely fulfill any obligations to other Users that are related to or connected with your Opportunities, and you will solely make or receive payment through the INFLUXER Platform for services provided or procured through the INFLUXER Platform;

F. Your actions while using or accessing the INFLUXER Platform are in accordance with all applicable institutional policy, local, state, provincial, national, or international law or custom, all applicable Regulations, and the principles of good faith;

G. You have the unrestricted right to work in the jurisdiction in which you will be performing Opportunities;

H. You will only offer and provide services for which you have the necessary skills, expertise, and/or credentials and you will provide those services safely and in accordance with all applicable laws;

I. If you are a student-athlete, you have consulted your institution’s athletic department and/or compliance staff with regard to whether your use of the INFLUXER Platform and undertaking of any Opportunities is in compliance with all applicable Regulations, including but not limited to those that may restrict your eligibility or amateur status; and

J. If you are a student-athlete, you will abide by the Regulations at all times while using the INFLUXER Platform.

By opting-in to the merchandise services through the INFLUXER Platform, a User agrees to and acknowledges the following:

Without limiting the scope of the Messaging Program, if you opt into the Messaging Program, you can expect to receive messages related to marketing, promotion, reminders, payment, customer support, delivery (including order confirmations, tracking information, and shipping updated via email), and other messages related to your transaction and the sale of our products and/or services.

By opting into the Messaging Program, you agree to receive recurring automated promotional and personalized marketing text (e.g., SMS and MMS) messages (e.g. cart reminders), including text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. By providing your phone number, you represent and warrant that you are providing your own phone number, and not someone else’s, and that you are a legally-authorized user of the phone number that you provide. The Messaging Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging. Consent to receive automated marketing text messages is not a condition of any purchase. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”).

If you do not wish to continue participating in the Messaging Program, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You acknowledge that our Messaging Program may not recognize and respond to unsubscribe requests that alter, change, or modify the STOP, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands, such as the use of different spellings or the addition of other words or phrases to the command, and agree that INFLUXER and its service providers will have no liability for failing to honor such requests. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.

You agree to receive messages periodically at our discretion. Daily, weekly, and monthly message frequency will vary. We reserve the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of messages sent. We also reserve the right to change the short code or phone number from which our messages are sent. Message and data rates may apply.

For support regarding the Messaging Program, text “HELP” to the number you received messages from, visit https://influxermerch.com and submit the form with details about your problem or your request for support, or email us at support@influxer.com. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt-outs must be submitted in accordance with the procedures set forth above.

The Messaging Program is offered on an “as-is” basis. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. INFLUXER, its service providers, and the mobile carriers supported by the program are not liable for delayed or undelivered messages.

You may not use or engage with the Messaging Platform if you are under thirteen (13) years of age. If you use or engage with the Messaging Platform and are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Messaging Platform, you acknowledge and agree that you are not under the age of thirteen (13) and, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Messaging Platform or are eighteen (18) years or older. By using or engaging with the Messaging Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s applicable law to use and/or engage with the Messaging Platform.

As stated, the Messaging Program is offered on an “as-is” basis. It may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with the Messaging Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered mobile messages.

In addition to the specific state laws set forth below, we endeavor to comply with similar laws of all 50 states.

Without limitation, the INFLUXER Platform may not be used for any of the following purposes:

A. To re-use, copy, reproduce, reverse compile, modify, create derivative works of, disassemble, decode, reverse engineer, or attempt to discern any software, including source code, used by or otherwise relating to the INFLUXER Platform or otherwise reduce to human-perceivable form all or any part of the INFLUXER Platform;

B. To defame, slander, disparage, abuse, harass, stalk, threaten, intimidate, misrepresent, mislead, or otherwise violate the rights (such as, but not limited to, rights of privacy, confidentiality, reputation, and publicity) of others, including Users and INFLUXER;

C. To publish, post, upload, distribute, or disseminate any profane, defamatory, hateful, discriminatory, infringing, obscene, or unlawful language, material or information, or any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act or the Health Information Technology for Economic and Clinical Health Act;

D. To upload files that contain software or other material that violates the intellectual property rights (or rights of privacy or publicity) of any User, third party, or INFLUXER;

E. To upload files or scripts such as Trojan horses, corrupt files, SQL injections, worms, timebombs, cancelbots, or any other files or software that may damage INFLUXER or its Users’ property;

F. To rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the INFLUXER Platform, or any features or functionality of the INFLUXER Platform, to any third party for any reason, including by making the INFLUXER Platform available on a network where it is capable of being accessed by more than one device at any time;

G. To post or complete an Opportunity requiring a User to engage in activity that is illegal, impermissible under applicable rules and regulations, or deemed dangerous, harmful, or otherwise inappropriate by INFLUXER in its sole discretion;

H. To conduct or forward surveys, contests, pyramid schemes, or chain letters;

I. To impersonate another person or User, allow any other person or entity to use your Account, or use the INFLUXER Platform on behalf of any other party;

J. To post or upload any content which you have not obtained the necessary rights and permissions to use;

K. To download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the INFLUXER Platform;

L. To imply or state that any statements you make (whether on or off the INFLUXER Platform) are endorsed by INFLUXER, without the prior written consent of INFLUXER;

M. To use a robot, spider, manual, meta tag, “hidden text,” agent, script, and/or automatic processes or devices to data-mine, data-crawl, scrape, collect, mine, republish, redistribute, transmit, sell, license, download, manage, or index the INFLUXER Platform, or the electronic addresses or personal information of others, in any manner;

N. To frame or utilize framing techniques to enclose the INFLUXER Platform or any portion thereof;

O. To hack or interfere with the INFLUXER Platform, its servers or any connected networks;

P. To access or use all or any part of the INFLUXER Platform in order to build a product or service which competes with the INFLUXER Platform;

Q. To adapt, alter, license, sublicense, or translate the INFLUXER Platform for your own personal or commercial use;

R. To remove, alter, or misuse, visually or otherwise, any copyrights, trademarks, or proprietary marks or rights owned by INFLUXER and Affiliates;

S. To upload content to the INFLUXER Platform that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred, or physical harm of any kind against any individual or group of individuals;

T. To upload content that provides materials or access to materials that exploit people in an abusive, violent, or sexual manner;

U. To solicit for any other business, website, or service, or otherwise contact Users for employment, contracting, or any purpose not related to use of the INFLUXER Platform as set forth herein;

V. To collect usernames, email addresses, or other personal information of Users by electronic or other means;

W. To use the INFLUXER Platform or the services in violation of this Agreement;

X. To use the INFLUXER Platform in a manner that is false or misleading (directly or by omission or failure to update information), or for the purpose of accessing or otherwise obtaining INFLUXER’s trade secret information for public disclosure or other purposes;

Y. To register under different usernames or identities after your account has been suspended or terminated, or register under multiple usernames or false identities, or register using a false or disposable email or phone number; or

Z. To cause any third party to engage in the restricted activities above.

The INFLUXER Platform may allow you to enable or log in to various social networking services like Instagram or Twitter (“Social Network Service(s)”). By directly integrating these Social Network Services, INFLUXER makes your experiences richer and more personalized. To take advantage of this feature, we will ask you to log into or grant us permission via the relevant Social Network Service. When you add a Social Network Services account to the INFLUXER Platform or log into the INFLUXER Platform using your Social Network Services account, we will collect relevant information necessary to enable the INFLUXER Platform to access that Social Network Service and your data contained within that Social Network Service. As part of such integration, the Social Network Service will provide us with access to certain information that you have provided to the Social Network Service, and we will use, store, and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Network Services use, store, and disclose your information is governed by the policies of such third parties, and we shall have no liability or responsibility for the privacy practices or other actions of any Social Network Services that may be enabled within the INFLUXER Platform.

The INFLUXER Platform and its contents are protected by United States and international laws, including copyright and trademark laws. The INFLUXER Platform may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

The INFLUXER Platform, and any and all information, files, documents, text, typefaces, graphics photographs, images, data, software, audio, video, and any and other content or material, including INFLUXER designs, and trademarks and that you see or have access to through the INFLUXER Platform are owned by INFLUXER, excluding User Generated Content, which you hereby grant INFLUXER a license to use as set forth in Sections 12 and 17.

INFLUXER’s proprietary material is protected in all forms, media, and technologies now known or hereinafter developed. INFLUXER owns all such proprietary material, as well as the coordination, selection, arrangement and enhancement of such proprietary materials. The proprietary material is protected by laws governing copyright, patents, and other proprietary rights.

The service marks and trademarks of INFLUXER, including without limitation INFLUXER and associated logos, are service and trademarks owned by INFLUXER. Any other trademarks, service marks, logos and/or trade names appearing via the INFLUXER Platform are the property of their respective owners. Unless otherwise agreed to by INFLUXER, INFLUXER’s proprietary marks and logos are not available for use. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner.

Subject to the terms and conditions herein, INFLUXER grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to download, install, access, and make use of the INFLUXER Platform to the extent intended and permitted by the functionality thereof and the Terms of Service. The INFLUXER Platform and any part of it may not be used, accessed, reproduced, copied, framed, or otherwise exploited for any commercial purpose without the express prior written consent of INFLUXER. This license is personal to you. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and INFLUXER.

You acknowledge and agree that the INFLUXER Platform is provided under license, and not sold, to you. You do not acquire any ownership interest in the INFLUXER Platform under these Terms, or any other rights thereto other than to use the INFLUXER Platform in accordance with the license granted, and subject to all terms, conditions, and restrictions under this Agreement. INFLUXER reserves and shall retain its entire right, title, and interest in and to the INFLUXER Platform, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides a complaint procedure for copyright owners who believe that website material infringes their rights under U.S. copyright law. If you believe, in good faith, that any materials provided on or in connection with the INFLUXER Platform infringe upon your copyright or other intellectual property right, please notify us at support@influxer.com and provide the following information: (A) name, address, telephone number, email address, and an electronic or physical signature of the copyright owner or of the person authorized to act on his/her behalf; (B) a description of the copyrighted work that you claim has been infringed; (C) a description of where on the INFLUXER Platform the material that you claim is infringing is located; (D) a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (E) a statement made by you, under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. You should consult your legal advisor before filing a DMCA notice. There can be penalties for false claims under the DMCA.

In consideration for your use of the INFLUXER Platform, to the fullest extent permitted by law, each User hereby grants INFLUXER a non-exclusive, unconditional, worldwide, perpetual, irrevocable, royalty-free, fully-paid, unrestricted, assignable, sublicensable (through multiple tiers), and transferable right and license through all channels to use, reproduce, modify, adapt, publish, translate, create derivative works from, store, distribute, perform, display, make, have made, sell, offer for sale, import and commercialize, and otherwise exploit and exercise all intellectual property rights, copyrights, publicity rights, and any other rights you have in: (A) your name, image, likeness, and other indica of identity; (B) your User Generated Content; and (C) any videotape, film, recording, photograph, voice, or any instrumental, musical, or other media that you provide to INFLUXER; and (D) any data or analytics associated with your use of the INFLUXER Platform, including but not limited to merchandise sales, page visits, rankings, profile engagement, performance metrics and analytics, and other information or content associated with your Account or activity on the INFLUXER Platform (collectively, “Media” ), in any media now known or not currently known, including but not limited to the right to the following:

I. Use, reproduce, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit your Media

II. Promote, market, and publicize the INFLUXER Platform and affiliated services, campaigns, and content using your Media, including in connection with co-branded, sponsored, or third-party partnership opportunities;

III. Solicit and pursue opportunities for commercial engagement, including but not limited to sponsorships, endorsements, merchandise, content licensing, and NIL-based campaigns, that may involve or benefit from your Media, and to present such opportunities to you for consideration;

IV. Leverage your Media, as well as related data and content provided through the INFLUXER Platform, to develop and propose monetization strategies and commercial activations, whether individually or in connection with third parties, for the mutual benefit of you and INFLUXER;

V. Authorize third parties to exercise any of the rights granted herein in connection with the development, distribution, commercialization, or promotion of products, services, content, or campaigns involving the INFLUXER Platform;

VI. Otherwise use, and permit to be used, such User’s name and identity in connection with the INFLUXER Platform or any INFLUXER promotional campaigns; and

VII. These licenses shall survive termination of this Agreement.

To the extent such Media is attached to a User profile on the INFLUXER Platform, the foregoing license expressly includes a right to reproduce display, distribute, and otherwise use your profile and all content or other information or materials associated therewith.

You warrant and represent that you have the lawful authority to grant the rights set out above, and that such rights do not negatively impact any third-party rights.

Waiver of moral rights. Further, you hereby agree to waive all claims of moral rights associated with the Media and to consent to INFLUXER doing all acts that would otherwise constitute an infringement of your moral rights, as well as waive the right to inspect or approve the finished video, photograph, sound track, web site, advertising copy, or printed matter that may be used in conjunction therewith or to the eventual use in any media that it might be applied. The rights you grant above are irrevocable during the entire period of the protection of your intellectual property rights associated with such Media.

In addition to any other indemnification set forth in this Agreement, you hereby indemnify, defend and hold harmless, INFLUXER and its Affiliates from against any claim, liability, or cause of action, whether now known or unknown, including without limitation, for defamation, malicious falsehood, invasion of right to privacy, data protection, publicity or personality or any similar matter, or based upon or relating to the use and exploitation of such Media in connection with the INFLUXER Platform.

YOU ARE AN INDEPENDENT INDIVIDUAL OR ENTITY AND ARE NOT AFFILIATED WITH INFLUXER. INFLUXER OPERATES AS A VIRTUAL PLATFORM. THE INFLUXER PLATFORM IS NOT AN EMPLOYMENT AGENCY AND INFLUXER IS NOT YOUR EMPLOYER. AS SUCH, INFLUXER IS NOT RESPONSIBLE FOR AND WILL NOT BE LIABLE FOR WORKERS’ COMPENSATION OR ANY TAX PAYMENTS OR WITHHOLDING, INCLUDING BUT NOT LIMITED TO UNEMPLOYMENT OR EMPLOYMENT INSURANCE, SOCIAL SECURITY, DISABILITY INSURANCE, OR ANY OTHER APPLICABLE FEDERAL OR STATE WITHHOLDINGS IN CONNECTION WITH YOUR USE OF THE INFLUXER PLATFORM. BASED ON APPLICABLE LEGAL GUIDELINES, BRANDS ASSUME ANY AND ALL LIABILITY FOR PROPER CLASSIFICATION OF THEIR WORKERS RELATED TO THE ENGAGEMENT, AND INFLUXER MAKES NO REPRESENTATION OR WARRANTY AS TO SAME.

YOU HEREBY AGREE AND ACKNOWLEDGE THAT YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE INFLUXER PLATFORM, CONTENT, INFORMATION CONTAINED WITHIN THE INFLUXER PLATFORM, OR ANY LINKED SITE THEREFROM IS TO STOP USING THE INFLUXER PLATFORM. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE INFLUXER PLATFORM OR WITH RESPECT TO THIS AGREEMENT IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. WITHOUT LIMITING THE PREVIOUS PARAGRAPH AND TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES WILL INFLUXER OR ANY OF ITS AFFILIATES BE LIABLE FOR, AND YOU HEREBY RELEASE INFLUXER AND ALL OF ITS AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY INFLUXER, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR ATTORNEYS FEES AND COSTS) ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF OR INABILITY TO USE THE INFLUXER PLATFORM, EVEN IF NOT ADVISED OF THE POSSIBILITY OF THE SAME. FURTHER, TO THE EXTENT APPLICABLE, YOU HEREBY WAIVE THE PROTECTIONS OF CALIFORNIA CIVIL CODE § 1542, WHICH READS AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.” IF YOU ARE NOT A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS UNDER ANY STATUTE, REGULATION, OR COMMON LAW PRINCIPLE SIMILAR TO CALIFORNIA CIVIL CODE § 1542 THAT GOVERNS YOUR RIGHTS IN THE JURISDICTION OF YOUR RESIDENCE.

NEITHER INFLUXER, NOR ITS PARENTS, SUBSIDIARIES, AGENTS, REPRESENTATIVES, AFFILIATES, OR LICENSORS, INCLUDING ITS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, MANAGERS, MEMBERS, SHAREHOLDERS, AGENTS, STAKEHOLDERS, CONSULTANTS, ATTORNEYS, REPRESENTATIVES, INSURERS, EMPLOYEES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, “AFFILIATES”) CONTROLS OR IS RESPONSIBLE OR LIABLE FOR YOUR CONDUCT, ACTS, OR OMISSIONS, WHETHER ONLINE OR OFFLINE, ON, RELATED TO, OR IN CONNECTION WITH THE INFLUXER PLATFORM, NOR DO THEY HAVE CONTROL OVER THE ACTS OF OTHER, USERES

THE INFLUXER PLATFORM IS AVAILABLE ON AN AS-IS BASIS. WE DO NOT WARRANT THAT THE INFLUXER PLATFORM WILL OPERATE UNINTERRUPTED, ERROR-FREE, OR THAT THE INFLUXER PLATFORM IS FREE OF COMPUTER VIRUSES AND/OR OTHER HARMFUL MATERIALS. IF YOUR USE OF THE INFLUXER PLATFORM OR THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, YOU AGREE AND ACKNOWLEDGE THAT INFLUXER AND ITS AFFILIATES ARE NOT RESPONSIBLE FOR ANY SUCH COSTS. WE DISCLAIM, TO THE MAXIMUM EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION: (A) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (B) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS; (C) WARRANTIES RELATING TO DELAYS, INTERRUPTIONS, ERRORS, OR OMISSIONS IN THE SERVICES OR ON THE INFLUXER PLATFORM; (D) WARRANTIES RELATING TO THE ACCURACY OR CORRECTNESS OF DATA ON THE INFLUXER PLATFORM; AND (E) ANY OTHER WARRANTIES OTHERWISE RELATING TO OUR PERFORMANCE, NONPERFORMANCE, THE INFLUXER PLATFORM, OR OTHER ACTS OR OMISSIONS.

INFLUXER AND ITS AFFILIATES DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE INFLUXER PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS, OR CONTENT OF ANY SERVICE, MERCHENDISE, INFORMATION, OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE INFLUXER PLATFORM. INFLUXER AND AFFILIATES DO NOT WARRANT, ENDORSE, OR GUARANTEE THAT THE INFLUXER PLATFORM IS FREE FROM COMPUTER VIRUSES, SYSTEM FAILURES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS OR MALFUNCTIONS, INCLUDING DURING HYPERLINK TO OR FROM THIRD-PARTY WEBSITES.

INFLUXER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE INFLUXER PLATFORM OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND INFLUXER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR ANY TRANSACTION BETWEEN YOU AND OTHER USERS, OR YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

INFLUXER IS NOT AFFILIATED OR SPONSORED IN ANY WAY BY THE NCAA, NAIA, NJCAA, ANY OF THEIR CONFERENCES, MEMBER INSTITUTIONS, OR ANY OTHER SIMILAR REGULATORY OR GOVERNING BODY, INCLUDING BUT NOT LIMITED TO ANY STATE HIGH SCHOOL ATHLETIC ASSOCIATION, CONFERENCE, DISTRICT, LEAGUE, OR INDIVIDUAL PUBLIC OR PRIVATE HIGH SCHOOL (COLLECTIVELY, GOVERNING BODIES”). NO WARRANTY OR REPRESENTATION IS MADE BY INFLUXER AS TO COMPLIANCE WITH THE GOVERNINIG BODIES’ INSTITUTIONAL RULES OR REGULATIONS, OR WITH RESPECT TO LOCAL, STATE, OR FEDERAL LAWS OR REGULATIONS, INCLUDING THOSE GOVERNING THE RIGHTS OF INDIVIDUALS TO BE COMPENSATED GENERALLY OR FOR THE USE OF THEIR NAME, IMAGE, AND LIKENESS (COLLECTIVELY, “REGULATIONS”). THE USE OF THE INFLUXER PLATFORM MAY NOT BE SPECIFICALLY AUTHORIZED BY LAW IN ALL STATES, MAY NOT BE PERMITTED WITHOUT RESTRICTION BY THE REGULATIONS, AND COULD RESULT IN VIOLATIONS OF THE REGULATIONS, WHICH COULD IMPACT ELIGIBILITY AND/OR STATUS. YOU ARE RESPONSIBLE FOR KNOWING AND COMPLYING WITH ALL RELEVANT REGULATIONS AND ARE REQUIRED TO CONSULT WITH THE RELEVANT COMPLIANCE STAFF OF THEIR RESPECTIVE GOVERNING BODIES PRIOR TO ACCEPTING ANY OPPORTUNITIES. 18.5 Statute of Limitations. ANY CLAIMS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE INFLUXER PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF THE EVENT GIVING RISE TO SUCH ACTION OCCURRED.

You hereby agree to indemnify, defend, and hold harmless INFLUXER and its Affiliates from and against any and all losses, damages, obligations, debts, suits, judgments, liabilities, claims, or demands, including but not limited to costs and attorneys’ fees incurred in connection with:

(A) your use or inability to use, or your participation on, the INFLUXER Platform;

(B) your breach or violation of this Agreement;

(C) your violation of any of the applicable Regulations, any law, or the rights of any User or third party;

(D) your failure to abide by your representations and warranties made in these Terms;

(E) any content or information submitted by you or using your account to the INFLUXER Platform, including but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful;

(F) any breach of security or compromise to your Account; and

(G) the acts or omissions of any agents acting on your behalf. INFLUXER reserves the right, in its own sole discretion, to participate in, or assume the exclusive defense and control of, any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of INFLUXER.

The provisions of this Agreement are for the sole benefit of INFLUXER, its Affiliates, and their permitted successors and assigns. The provisions of this Agreement will not be construed as conferring any rights to any third party, except as expressly set forth herein, or to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other claim of action with respect to or in connection with any agreement or provision contained herein or contemplated hereby. None of the terms of this Agreement are enforceable by any persons who are not a party to this Agreement.

INFLUXER may from time to time provide certain promotional opportunities and contests. All such promotions will be run at the sole discretion of INFLUXER, and can be implemented, modified, or removed at any time by INFLUXER without advance notification. The liability of INFLUXER and Affiliates, as well as any of INFLUXER’s corporate partners pursuant to such promotional opportunities and contests, shall be subject to the limitations set forth in Section 18 of this Agreement.

If a dispute arises between you and INFLUXER or our Affiliates, our goal is to resolve the dispute quickly and cost-effectively. Unless you opt out as provided below, you agree that, except for injunctive or other immediate equitable relief, any dispute relating to or arising from this Agreement or the breach hereof, the Terms of Service, your relationship with INFLUXER, the termination of your relationship with INFLUXER, or the INFLUXER Platform, except for direct disputes between Users (collectively “Claim”) shall, if negotiations and other discussions (as set forth below) first fail, be subject to binding arbitration in accordance with the provisions of the Commercial Arbitration Rules of the American Arbitration Association (“AAA”), and that judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be heard before one (1) arbitrator selected in accordance with the Commercial Arbitration Rules of the AAA then in effect shall be applied. The arbitration shall be conducted in Dallas, Texas, virtually, or at another mutually agreed upon location. All aspects of the proceeding, ruling, decision, or award shall be considered confidential. By agreeing to arbitrate disputes under this Agreement, YOU ARE HEREBY GIVING UP YOUR RIGHT TO GO TO COURT OR TO HAVE YOUR CASE HEARD BY A JURY, AND YOU UNDERSTAND AND ACKNOWLEDGE THAT ARBITRATOR DECISIONS ARE SUBJECT TO VERY LIMITED COURT REVIEW. The parties instead elect to have Claims resolved by arbitration.

Unless stated otherwise, the Terms of Service, and any Claim will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions.

Before serving a demand for arbitration of a Claim, you and INFLUXER agree to first notify each other of the Claim. You agree to notify INFLUXER of the Claim by email to support@influxer.com, and INFLUXER agrees to provide to you a notice at your email address on file (in each case, a “Claim Notice”). You and INFLUXER will then seek an informal voluntary resolution of the Claim. Any Claim Notice must include pertinent account information, a brief description of the Claim, and contact information, so that you or INFLUXER, as applicable, may evaluate the Claim and attempt to informally resolve it. Both you and INFLUXER will have sixty (60) days from the date of the receipt of the Claim Notice to informally resolve the other party’s Claim and avoid the need for further action. In the unlikely event the parties are unable to resolve a Claim within sixty (60) days of the receipt of the applicable Claim Notice, you, INFLUXER, and our Affiliates agree to resolve the Claim by final and binding individual arbitration as set forth above.

This entire Section does not apply to claims for workers compensation, state disability insurance, or unemployment insurance benefits, nor does it apply to litigation between INFLUXER and you that is or was already pending in a state or federal court or arbitration before the expiration of the opt-out period set forth in Section 22.7 below. Notwithstanding any other provision of this Agreement, no amendment to this Section will apply to any matter pending in an arbitration proceeding brought under this Section sunless all parties to that arbitration consent in writing to that amendment.

This Section does not preclude you from bringing issues to the attention of federal, state, provincial or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. Notwithstanding anything to the contrary herein, you may reject any change made to this Section within thirty (30) calendar days of such change, and in the event of such rejection, the terms of the version you accepted immediately prior to such change will apply. Any Claims must be brought within one (1) year of the date of the event giving rise to such Claim occurred; otherwise, they shall be deemed time-barred and no longer permissible.

This Section is the full and complete agreement relating to the resolution of Claims. The arbitrator shall have exclusive jurisdiction to decide all disputes arising out of or relating to the arbitrability of a Claim or the interpretation, enforcement, or application of this Section, including the enforceability, revocability, scope, breach, or validity of the terms and conditions in this Section, except as expressly provided below. All such matters shall be decided by an arbitrator and not by a court. The parties expressly agree that, except as provided by the Class and Collective Waiver section below, the arbitrator and not a court will decide any question of whether the parties agreed to arbitrate, including but not limited to any claim that all or part of this Section, this Agreement, or any other part of the Terms of Service is void or voidable. In the event any portion of this Section is deemed unenforceable, the remainder of this Arbitration Section will be enforceable, except as set forth in Section 22.6 below.

Private attorney general representative actions under the California Labor Code are not arbitrable, not within the scope of this Section and may be maintained in a court of law. However, this Section affects your ability to participate in class or collective actions. Both you and INFLUXER agree to bring any dispute in arbitration on an individual basis only, and not on a class or collective basis on behalf of others. There will be no right or authority for any dispute to be brought, heard, or arbitrated as a class or collective action, or as a member in any such class or collective proceeding (“Class Action Waiver”).

Notwithstanding any other provision of this Agreement or the AAA rules, disputes regarding the enforceability, revocability, scope, validity, or breach of the Class Action Waiver may be resolved only by a civil court of competent jurisdiction and not by an arbitrator. If there is a final judicial determination that all or part of the Class Action Waiver is unenforceable or that an arbitration can proceed on a class basis, then the arbitration provision herein shall be considered null and void in its entirety and the class or collective action to that extent must be litigated in a civil court of competent jurisdiction. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings. You and INFLUXER agree that you will not be retaliated against as a result of your filing or participating in a class or collective action in any forum. However, INFLUXER may lawfully seek enforcement of this Section and the Class Action Waiver under the Federal Arbitration Act and seek dismissal of such class or collective actions or claims.

You may opt out of the arbitration provisions contained in this Section by notifying INFLUXER in writing within thirty (30) days of the date you first access the INFLUXER Platform. To opt out, you must send a written notification to INFLUXER at support@influxer.com that includes:

(A) your Account email;

(B) your name;

(C) your address;

(D) your telephone number;

(E) your email address; and

(F) a statement indicating that you wish to opt out of the Arbitration Provision.

Opting out will not affect any other terms of this Agreement. If you do not opt out as provided in this Section, continuing your relationship with INFLUXER constitutes mutual acceptance of all of the terms of this Section by you and INFLUXER. You have the right to consult with counsel of your choice concerning this Agreement and the terms and conditions contained herein.

This Section replaces all prior agreements regarding the arbitration of disputes and is the full and complete agreement relating to the formal resolution of disputes covered by this Section. In the event any portion of this Section is deemed unenforceable or invalid, the unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

By installing the Mobile App, you consent to the installation of the Mobile App and any updates or upgrades that are released through the INFLUXER Platform. The Mobile App (including any updates or upgrades) may:

(A) cause your device to automatically communicate with INFLUXER’s servers to deliver the Mobile App functionality and to record usage metrics,

(B) affect Mobile App-related preferences or data stored on your device, and

(C) collect personal information as set out in our Privacy Policy. You can uninstall the Mobile App at any time.

A. Your use of the Mobile App must comply with the App Store Terms of Service.

B. Your use of the Mobile App must be through an Apple-branded product that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions.

C. You acknowledge and agree that: (i) this Agreement is entered into between you and INFLUXER only, and Apple is not a party to this Agreement other than as third-party beneficiary as contemplated below; and (ii) In accordance with the Terms of Service, INFLUXER, not Apple, is solely responsible for the Mobile App and content thereof.

D. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. Except as otherwise stated herein, INFLUXER is solely responsible for providing such maintenance and support.

E. In the event of any failure of the Mobile App to conform to any applicable warranty to the extent not disclaimed in these Terms, you may notify Apple, and Apple will refund the purchase price, if any, for the Mobile App to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be INFLUXER’s sole responsibility as set forth herein.

F. You and INFLUXER acknowledge that INFLUXER, not Apple, is responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

G. You and INFLUXER acknowledge that, in the event of any third-party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s intellectual property rights, INFLUXER, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, though only to the extent required by this Agreement.

H. You and INFLUXER acknowledge and agree that Apple and its subsidiaries are third party beneficiaries of this Agreement as related to your license of the Mobile App, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the Mobile App against you as a third party beneficiary thereof.

I. You represent and warrant that: (i) 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 (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

J. Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the Mobile App.

The English language version of the Terms of Service will be controlling in all respects and will prevail in case of any inconsistencies with translated versions, if any. The INFLUXER Platform is controlled and operated from our facilities in the United States.

INFLUXER makes no representations that the INFLUXER Platform is appropriate or available for use outside of the United States. Those who access or use the INFLUXER Platform from other jurisdictions do so at their own risk and are entirely responsible for compliance with all applicable laws and regulations, both in the United States and abroad, including export and import regulations (e.g., the Export Administration Regulations maintained by the U.S. Department of Commerce and the sanctions programs maintained by the U.S. Department of the Treasury Office of Foreign Assets Control).

In order to access or use the INFLUXER Platform, you hereby represent that neither you, any company you represent, nor any beneficial owner of you or your company are: (A) a citizen or resident of a geographic area in which access to or use of the INFLUXER Platform is prohibited by applicable law, decree, regulation, treaty, or administrative act; (B) a citizen or resident of, or located in, a geographic area that is subject to U.S. or other sovereign country sanctions or embargoes; or (C) an individual, or an individual employed by or associated with an entity, identified on the U.S. Department of Commerce Denied Persons or Entity List, the U.S. Department of Treasury Specially Designated Nationals or Blocked Persons Lists, or the U.S. Department of State Debarred Parties List or otherwise ineligible to receive items subject to U.S. export control laws and regulations or other economic sanction rules of any sovereign nation. You further agree that if your country of residence or other circumstances change such that the above representations are no longer accurate, that you will immediately cease using the INFLUXER Platform and your license to use the INFLUXER Platform will be immediately revoked.

You acknowledge and agree that by voluntarily providing your telephone number(s), even if your telephone number(s) is registered on any state or federal Do Not Call list, you expressly agree to receive calls or text messages (which may be automated) from INFLUXER and Affiliates, or from independent contractors (including other Users) related to, among other things, your Account, promotions, registration, upcoming or scheduled Opportunities, changes and updates, follow ups to any push notifications delivered through our mobile application, any transaction with INFLUXER, and/or your relationship with INFLUXER. You agree to receive the same even if you cancel your account or terminate your relationship with INFLUXER, unless you expressly opt-out in the manner provided for herein. You agree that INFLUXER may obtain, and you expressly agree to be contacted at, any email addresses, mailing addresses, or phone numbers provided by you at any time or obtained through other lawful means, such as skip tracing, caller ID capture, or other means.

Your consent to receive automated calls and texts is completely voluntary and you may opt-out at any time. To opt-out of text messages, text STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any text message you receive or email support@influxer.com and specify that you want to opt out of text messages. You acknowledge and agree to accept a final text message confirming your opt-out request. To opt-out of automated voice calls (not text messages), you must provide INFLUXER with written notice to support@influxer.com revoking your consent to receiving automated calls. If written notice to opt out of automated calls or text messages is given by email, you must include your full name, mailing address, account number, and the specific phone number(s) for which you wish to stop automated calls or texts. It is your sole responsibility to notify INFLUXER if you no longer want to receive automated calls or text messages. You waive any rights to bring claims for unauthorized or undesired calls or text messages by failing to opt- out immediately or by failing to follow these instructions. Please allow up to thirty (30) days to process any opt-out request. Please note that if you opt out of automated calls or text messages, we reserve the right to make non-automated calls to you.

There is no fee to receive automated telephone calls or text messages from INFLUXER, our agents, Affiliates, and independent contractors (including other Users). However, you may incur a charge for these calls or text messages from your telephone carrier. You represent and warrant that you are authorized to incur such charges and acknowledge that INFLUXER and its agents, Affiliates, and independent contractors (including other Users) are not responsible for such charges. 26.Notices and Consent to Receive Notices Electronically

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically, including without limitation by email, push notification, or by posting Notices on the INFLUXER Platform. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all Notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; upon successful delivery if transmitted by email, push notification, or other form of electronic messaging; or the day it is shown as delivered by the overnight delivery service’s tracking information, if sent for next day delivery by a recognized overnight delivery service. You acknowledge that telephone calls to or from INFLUXER, together with its agents and Affiliates, may be monitored and recorded for the purposes of quality control and training.

Your use of the INFLUXER Platform may require you to make an electronic signature or otherwise indicate your agreement electronically. You understand, acknowledge, and accept that: (A) an electronic signature, consent, or other indication of agreement you provide through the INFLUXER Platform shall have the same legal force, vailidity, rights, effects, and obligations as a physical signature and shall be enforceable under applicable law, including, without limitation, the U.S. Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), the Uniform Electronic Transactions Act (“UETA”), and any other similar applicable legislation; (B) your use of a keypad, mouse, touchscreen, stylus, voice command, or other device or mechanism to select an item, button, checkbox, icon or similar act/action indicating consent, constitutes your legally binding signature as if actually signed by you in writing; (C) no certification, authority, digital certificate, or other third party verification is necessary to validate your electronic signature or related agreement, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature. and (D) you consent to the creation, storage, and maintenance of all electronic records of any transactions, acknowledgments, agreements, and consents made by you through the Platform, and you agree that such records are admissible in any legal proceeding to the same extent as if they were originally generated and maintained in printed form.

No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such unenforceability or invalidity will not render this Agreement unenforceable or invalid as a whole and, in such event, such provision will be changed and interpreted so as to best accomplish the objectives of such unenforceable or invalid provision within the limits of applicable law or applicable court decisions.

The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement.

Any waiver or failure by INFLUXER to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

This Agreement constitutes the complete and exclusive agreement between you and INFLUXER with respect to its subject matter and supersedes any and all prior agreements or communications except as otherwise specified herein. This Agreement does not supersede other agreements about other subject matter that you may have with INFLUXER.

You may not assign this Agreement or delegate any of its obligations hereunder, without the prior written consent of INFLUXER. Any purported delegation or assignment without such consent shall be void ab initio. You hereby acknowledge and agree that we may assign or transfer this Agreement without your consent. Upon the effective date of the assignment of the Agreement: (A) INFLUXER shall be relieved of all rights, obligations, and/or liabilities to you arising with respect to events postdating the effective date of the assignment; and (B) the assignee entity shall replace INFLUXER for the performance of this Agreement.

This Agreement will inure to the benefit of INFLUXER, its successors and assigns.

All parts of this Agreement which by their nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement or your use of the INFLUXER Platform.

When you register for an Account on the INFLUXER Platform, we will review and verify your status as an active student-athlete rostered at an accredited institution of higher education and eligible to engage in intercollegiate athletic competition. You agree to provide complete, accurate, and current information, including any documentation reasonably requested by INFLUXER, in order to facilitate such verification. You further acknowledge and agree that: (A) your access to and continued use of certain features of the INFLUXER Platform, including but not limited to royalty payments and potential engagement opportunities, is expressly conditioned upon the our successful verification of your eligibility status; (B) INFLUXER reserves the right, in its sole discretion, to approve, deny, suspend, or revoke access to the INFLUXER Platform or any of its features if you fail to provide the required information or if we are unable to confirm your eligibility; and (C) you are solely responsible for ensuring the accuracy and truthfulness of all information submitted for verification, and we expressly disclaim any liability arising from or relating to your eligibility, athletic status, or participation in intercollegiate athletics

INFLUXER exists to expand access to name, image, and likeness (“NIL”) opportunities by helping all student-athletes navigate NIL through the presentation of income opportunities, providing professional education, and supporting their future beyond collegiate athletics.

You acknowledge and agree that, as part of the services provided through the INFLUXER Platform, INFLUXER may use your licensed name, image, likeness, Media, and associated data (including but not limited to merchandise sales, page views, athlete rankings, profile engagement, and royalty information) to solicit, pursue, develop, and present commercial opportunities, sponsorships, endorsements, co-branded merchandise, and other engagements (“Opportunities”) that may involve you. INFLUXER may, in its sole discretion, determine which Opportunities to pursue and how to market, promote, and commercialize your Media in connection with the INFLUXER Platform, provided that any such Opportunities directly involving you, to the extent they fall outside of the rights already granted under the Terms of Service or otherwise require your express consent, will be presented to you for consideration before they are commenced. You further acknowledge and agree that: (A) we have no obligation to procure or guarantee any Opportunity for you; (B) we retain full discretion to select, negotiate, and structure Opportunities it believes are in the best interest of the INFLUXER Platform and its Users; and (C) INFLUXER may retain a share of revenues or other benefits generated from any Opportunity in accordance with the royalty provisions of this Agreement or as otherwise agreed between you and INFLUXER.

The INFLUXER Platform may provide functionality that allows you to browse and view profiles of other athletes, including their social media links, engagement metrics, sales rankings, and similar aggregated or comparative data. In addition, you may access your own profile dashboard to view information regarding your sales activity, estimated royalty payments, and other performance-related metrics (collectively, the “Displayed Data”).

You acknowledge and agree that: (A) all Displayed Data is generated from aggregated sources and internal reporting systems, is provided solely as a resource and convenience to you, and is intended for informational purposes only; (B) the Displayed Data may not be complete, accurate, or current at all times, and may be subject to updates, delays, errors, or other discrepancies, including those resulting from order cancellations, product returns, chargebacks, refunds, adjustments, or similar events; (C) INFLUXER makes no representation, warranty, or guarantee as to the accuracy,

timeliness, or completeness of the Displayed Data; and (D) the Displayed Data does not create, establish, or alter any legal or contractual rights, entitlements, or obligations of either you or INFLUXER.

You further acknowledge and agree that actual sales figures, royalty calculations, and payments due shall be determined exclusively by INFLUXER in accordance with this Agreement, and not by reference to any Displayed Data. INFLUXER expressly disclaims any liability arising from or relating to your reliance on the Displayed Data for financial, professional, or personal decision- making

Each User hereby acknowledges and agrees that it is solely responsible for: (A) all tax liability associated with payments sent or received through the INFLUXER Platform, and that INFLUXER will not withhold any taxes from such payments unless required to under applicable law; and (B) determining and fulfilling its obligations under applicable laws and regulations with respect to reporting or remitting any applicable taxes or charges.

As further described in the Terms of Use, all payments facilitated through the INFLUXER Platform, are processed exclusively by PayPal, Inc. (“PayPal”) or Venmo, LLC (“Venmo”) and are subject to the applicable Payment Processor Terms. By registering for an Account, you agree to designate a valid PayPal or Venmo account (each, a “Payment Method”) for receipt of funds,

By providing Payment Method information through the INFLUXER Platform you represent that:

(A) you are legally authorized to provide such information;

(B) you are legally authorized to receive payments using the Payment Method(s);

(C) if the Payment Method is owned by a third party (such as a parent, guardian, or other sponsor), you are duly authorized by that third party to use the Payment Method and

(D) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law. You acknowledge and agree that the INFLUXER does not control and is not responsible for the performance, acts, or omissions of PayPal or Venmo. You are solely responsible for ensuring the accuracy of your Payment Method information and keeping such information current. INFLUXER shall not be liable for any delay, loss, misapplication, or other issue arising from inaccurate information supplied by you or from the acts or omissions of PayPal or Venmo, and you assume all risk associated with your use of such Payment Methods.

INFLUXER reserves the right, in its sole discretion, to withhold, delay, or offset any disbursement of Royalties for a reasonable period of time as necessary to account for order cancellations, product returns, chargebacks, suspected or actual fraudulent activity, or other sales-related adjustments. You acknowledge and agree that no Royalty shall be payable on sales that are not final or for which INFLUXER has not received payment in full, and that INFLUXER may adjust future disbursements to reconcile overpayments, refunds, or other discrepancies.

Brands agree that, once INFLUXER charges their Payment Method, the charge cannot be refunded except on a condition agreed to in advance and in writing by INFLUXER. Brands agree not to initiate any chargebacks from their credit card companies, banks, or the like, without such prior consent.

Brands acknowledge and agree that INFLUXER or its affiliates may charge or debit the Brand’s Payment Method for the Fees should they be in default for failure to pay within the fourteen (14) day deadline. Once INFLUXER or its affiliates charges or debits the Brand’s Payment Method for any of the Fees, the charge or debit is non-refundable, except as previously agreed to in writing with INFLUXER or as otherwise required by applicable law.

Brands also acknowledge and agree that the Terms of Service provide a dispute resolution process as a way for Users to resolve disputes with INFLUXER. Therefore, to the extent permitted by applicable law, Brands agree not to ask their credit card company, bank, or other Payment Method provider to charge back any of the Fees or other fees charged pursuant to the Terms of Service for any reason. A chargeback in breach of this obligation is a material breach of the Terms of Service. If a Brand initiates a chargeback in violation of the Terms of Service, the Brand agrees that INFLUXER or its affiliates may dispute or appeal the chargeback, institute collection action against the Brand, close the Brand’s account, and take such other action it deems appropriate.

From time to time, we may, in our sole discretion, make available to Users certain promotions, discounts, offers, or other benefits from third-party companies (“Promotions”) as a courtesy and ancillary benefit of using the INFLUXER Platform. Such Promotions are provided solely to the individual User to whom they are made available and may not be shared, transferred, sublicensed, sold, or otherwise provided to any other person or entity. You acknowledge and agree that: (A) any Promotion is non-transferable, has no cash value, and may be subject to additional terms and conditions imposed by the applicable third party; (B) the availability, scope, and duration of Promotions may be modified, suspended, or discontinued by INFLUXER at any time without notice; and (C) INFLUXER is not responsible for the content, accuracy, legality, safety, or fulfillment of any third-party Promotions, and your participation in or use of such Promotions is solely between you and the applicable third party.

You acknowledge and agree that the INFLUXER Platform may include advertisements, promotions, sponsored content, or similar commercial materials (“Advertisements”), which may be displayed to you as part of your use of the INFLUXER Platform. Advertisements may be targeted based on information you provide, your use of the INFLUXER Platform, or other data collected in accordance with our Privacy Policy. You further acknowledge and agree that: (A) the we may use your licensed name, image, likeness, Media, and engagement data, as granted under these Terms, in connection with Advertisements and sponsorships displayed on or through the INFLUXER Platform; (B) we may solicit, pursue, and present to you opportunities for sponsorships, endorsements, or promotional arrangements with third parties, but shall have no obligation to secure or guarantee any such opportunities; (C) any dealings you choose to engage in with advertisers or sponsors are solely between you and the applicable third party, and you are responsible for complying with all applicable rules, regulations, and school or conference requirements in connection with such dealings; and (D) INFLUXER is not responsible or liable for the content, accuracy, legality, safety, or fulfillment of any third-party Advertisements, sponsorships, or promotions.

Other than our Privacy Policy, the Terms of Service is the only agreement between you and us regarding the INFLUXER Platform and how Users interact with each other on the INFLUXER Platform’s mobile application and web-based platform, and supersedes all prior agreements between us for actions occurring after the effective date of this Agreement.

INFLUXER may amend this Agreement and any of the other agreements that comprise the Terms of Service at any time by posting a revised version on the INFLUXER Platform. INFLUXER will provide reasonable advance notice of any amendment that includes a material change, by posting the applicable update on the INFLUXER Platform and providing notice on the INFLUXER Platform or by email. If the material change includes an increase to Fees charged by INFLUXER, INFLUXER will provide at least 14 days’ advance notice of the change, but may not provide any advance notice for changes resulting in a reduction in Fees, any temporary or promotional Fee change, or changes that do not constitute a material change. Any revisions to the Terms of Service will take effect on the noted effective date.

Any failure by INFLUXER to act with respect to a breach by you on one occasion does not waive our right to act with respect to subsequent or similar breaches.

The Terms of Service and any rights or obligations hereunder may not be transferred or assigned by you without INFLUXER’s prior written consent. Any other attempted transfer or assignment without such consent will be null and void.

If any provision of this Agreement is found by a proper authority to be unenforceable or invalid, such enforceability or invalidity will not render this agreement as a whole, or said provision, unenforceable or invalid, but rather in such event, such provision will be changed and interpreted so as to accomplish to the greatest extent possible under applicable law the objectives of such unenforceable or invalid provision and the remaining provisions of this Agreement will continue in full force and effect.

Any provisions of this Agreement that by their nature should reasonably survive termination shall survive termination