Terms of Service

You understand that by accessing or using the INFLUXER Platform (as defined in the Terms of
Use), you agree to be bound by all agreements making up INFLUXER’s Terms of Service. “Terms
of Service” collectively refers to INFLUXER’s Terms of Use, User Agreement, and every other
agreement linked herein.
If you want to access or use the INFLUXER Platform, you must first read the entirety of the Terms
of Service and agree to the terms and conditions set forth herein. If you don’t understand the
entirety of the Terms or Service or you don’t agree to all of its terms and conditions, you may not
use the INFLUXER Platform.

These Terms of Use, together with any documents these Terms of Use expressly incorporate by
reference (“Terms”), constitute a legally binding agreement, and is entered into by and between
you (referred to herein as “you” or “your”) and Influxer Inc. and its relevant subsidiaries
(“INFLUXER,” “us,” “our,” or “we”), (collectively, “Agreement”).
This Agreement applies to your access and use of, and all contents and information available
within, our mobile messaging program (“Messaging Program”), mobile application (“Mobile
App”), and web-based platform (“Web Platform”) which enable users and customers to, among
other things: (A) receive updates regarding promotions, their Account (as later defined), and
orders; (B) purchase branded merchandise; (C) upload, review, and execute documents; (D) verify

user information; (E) access the creator merchandise portal; (F) connect with registered third-
parties for engagement opportunities; and (G) obtain insight and information on royalties and other

sales data (the Messaging Program, Mobile App, and Web Platform shall collectively be referred
to herein as the “INFLUXER Platform”).
Your use of the INFLUXER Platform is also subject to our Privacy Policy, which is located on the
Web Platform and can also be accessed through the Mobile App. You acknowledge that by using
the INFLUXER Platform, you have reviewed the Privacy Policy, which is incorporated by
reference into this Agreement.
We reserve the right to modify these Terms at any time, with such changes becoming effective
when posted on the INFLUXER Platform. If you use the INFLUXER Platform after a modification
of these Terms, you agree to be bound by the Terms as modified.
These Terms contain important information regarding your rights with respect to the
INFLUXER Platform, including your relationship with us. Please read them carefully and
review them regularly. The capitalized terms used herein shall have the meanings assigned to
them in this Agreement. By using the INFLUXER Platform, you acknowledge that you accept
the terms set forth in this Agreement. If you do not accept such terms, you may not access the
INFLUXER Platform.

1. Acceptance of Terms
1.1. Eligibility. 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.
1.2 Binding Agreement. 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.
2.Modification of Services
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.
3. Creation and Ownership of Account
3.1 Registration. Your use of the INFLUXER Platform 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 (as later defined) 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.
You may register an account for the INFLUXER Platform as either a creator (“Creator”) or a
Brand (as later defined).
3.2 Credentials. In creating an Account, you will be asked to, among other things, provide an email
and password exclusive to the Account (“Login Information”). 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.
3.3 Responsibility. INFLUXER expressly prohibits conduct in violation of Regulations and
encourages all Users (as later defined) 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 Creator’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 Creator’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.
3.4. Transfers. 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.
3.5 No Ownership Interest to the Account. 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.
3.6 Accuracy of Account Information. 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.
3.7 Account Deletion/Deactivation. 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.

3.8 Fees and Payment. In order to effectively utilize the INFLUXER Platform, you may also need
to register your financial account information. Payment processing services are provided by Stripe
Inc. (“Stripe”) and are subject to their terms of service and privacy policy which can be found via
the following hyperlink: https://stripe.com/ie/connect-account/legal (“Stripe’s Terms”).
By agreeing to these Terms, you agree to be bound by Stripe’s Terms, as the same may be modified
by Stripe from time to time. As a condition of us enabling payment processing services through
Stripe, you agree to provide us with accurate and complete information about you, and you
authorize us to share it and the transaction information related to your use of the payment
processing services provided by Stripe. 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.
4.Suspension or Termination of Accounts
4.1 INFLUXER’S RIGHT. INFLUXER RESERVES THE RIGHT TO SUSPEND AND/OR
TERMINATE YOUR ACCOUNT 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.
4.2 No Notice Requirement. You acknowledge and agree that INFLUXER is not required to
provide you notice before suspending or terminating your Account and/or 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.
4.3 Perpetual Suspension/Termination. 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.
4.4 Survival post Termination. 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.
5. Termination of this Agreement
5.1 Notice. 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.
5.2 Manner. 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.
5.3. Obligation to Finish and Perform Opportunities. 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.
6. INFLUXER’s Relationship to Creators and Brands
6.1 Users. Individuals, businesses, and/or nonprofit organizations (collectively, “Brands”) who
are utilizing the INFLUXER platform seeking to obtain certain services (“Opportunities”) from
Creators and Creators themselves are collectively referred to as a “User” or the “Users.” If you
agree to the terms of an Opportunity with another User, you and such other User form a contract
directly between the two of you as set forth in more detail in herein.
6.2 Credentials. Any reference on the INFLUXER Platform to a User being rated or credentialed
in some manner indicates only that the User has completed the relevant Account registration
process or met certain criteria and does not represent anything else. Any such description is not an
endorsement, certification, or guarantee by INFLUXER of such User’s skills or qualifications or
whether they are licensed, insured, trustworthy, safe, or suitable. Instead, any such description is
intended to be useful information for other Users to evaluate when they make their own decisions
about the identity and suitability of Users whom they select, interact, or contract with via the
INFLUXER Platform.
All Users are free to offer and provide their services elsewhere, including through competing
platforms. Creators are free to accept or reject Brands, Opportunities, and contracts. Creators are
not penalized for rejecting Brands, Opportunities, or contracts, however if Creators accept an
Opportunity through the INFLUXER Platform, they are expected to fulfill their contractual
obligations to the Brand. Creators set their own rates for services performed in the INFLUXER
Platform, without involvement by INFLUXER.
Without INFLUXER’s prior written consent, however, Brands may not contact, attempt to contact,
nor engage (whether directly or indirectly) with any Creator it identified or connected with through
the INFLUXER Platform through any party other than us or any medium other than the
INFLUXER platform, and no Creator may contact, attempt to contact, nor engage (whether
directly or indirectly) with any Brand it identified or connected with through the INFLUXER
Platform other than through us or through the INFLUXER Platform.
7.User Representations and Warranties

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 and performing Opportunities.
8. Contract between Brands and Creators
You acknowledge and agree that each User creates a legally binding contract when you and the
respective Creator or Brand accept an Opportunity. Such contract is directly between the Users,
and INFLUXER is not a party to such contract.
Contracts formed between Users may not conflict with the terms in this Agreement, expand
INFLUXER’s obligations, or restrict INFLUXER’s rights under this Agreement. Users do not
have authority to enter into written or oral contracts (whether express or implied) on behalf of

INFLUXER. INFLUXER is not obligated to compensate any Creator for a Brand’s failure to pay
for services.
9. Merchandise
9.1 Merchandise Authorization. By opting-in to the merchandise services through the INFLUXER
Platform, a Creator agrees to and acknowledges the following:
9.1.1 Grant of Rights. Each Creator grants and assigns to INFLUXER, its assigns, and affiliates
the non-exclusive, revocable, worldwide right, privilege, and license to use, and to grant to
licensees and sponsors the right to use, all or any combination of Creator’s name, nickname,
initials, autograph/signature, facsimile, voice, caricature, photograph, portrait, picture, image,
likeness, jersey number, statistics, data, biographical information or any other identifiable feature
(collectively known as “Features”) for purposes of designing, manufacturing, distributing,
exploiting, promoting, selling, and advertising merchandise, whether individually, in connection
with group licensing or other creators, in combination with the collegiate or other applicable
athletic institution’s mark(s) that the Creator is actively or was previously enrolled at (at any given
time during the Creator’s athletic eligibility, if applicable), in combination with INFLUXER
marks, and/or in combination with other company/brand mark(s).
Additionally, Creator grants INFLUXER, its assigns, and affiliates the irrevocable, perpetual,
world-wide, non-exclusive, and fully-paid right to retain and license to reproduce Creator’s
Features in print and electronic media for INFLUXER’s promotional, marketing, and/or
advertising purposes individually, in combination with other creators, in combination with the
collegiate or other applicable athletic institution’s mark(s) that Creator is actively or was
previously enrolled at (at any given time during the Creator’s athletic eligibility, if applicable),
and/or other company’s or brand’s mark(s).
9.1.2 Compensation. INFLUXER will pay Creator Sixty Percent (60%) of the net profit generated
directly from the sale of Creator’s merchandise line(s) sold on the INFLUXER Platform, unless
the net profit is generated from a group licensing opportunity, in which case Sixty Percent (60%)
of the net profit generated from the group licensing opportunity will be distributed equally among
all participating creators on a pro-rata basis (“Royalty” or “Royalties”). “Net profit” shall be
defined as the total revenue generated from the sale or opportunity, less the Cost of Goods Sold
(COGS), third-party royalties, transaction fees, service fees, and transfer fees.
All Royalty payments will be disbursed at least quarterly. Once the Creator accrues $600.00 or
more in Royalties within a given tax year, they are required to complete and submit to INFLUXER
all applicable and necessary documentation and/or information for tax reporting purposes, in
accordance with relevant laws and regulations. INFLUXER reserves the right to withhold Royalty
payments if the Creator fails to timely provide the requisite documentation to INFLUXER. Such
Royalty payments shall be made within thirty (30) days of the last day of each calendar quarter of
which INFLUXER receives payment from the merchandising opportunities. If, however,
INFLUXER receives the payments less than thirty (30) days prior to the last day of a calendar
quarter, then INFLUXER will pay the Creator within one (1) month of its receipt of same. Creator
hereby authorizes INFLUXER to receive payment directly on behalf of the Creator prior to making

the Royalty payments to the Creator as herein noted above. Creator’s Royalty payments shall be
made either through Venmo or PayPal, in accordance with the Creator’s payment information
submitting during sign-up. CREATOR ACKNOWLEDGES AND UNDERSTANDS THAT
INFLUXER WILL BE RELYING ON THE INFORMATION PROVIDED BY CREATOR
UPON SIGN-UP TO MAKE ANY AND ALL ROYALTY PAYMENTS, AND PROVIDING
INCORRECT INFORMATION WILL LEAD TO FORFEITURE OF ROYALTIES.
9.1.3 Ownership. The merchandise, logos, designs, and any deliverables made/generated in
connection with any merchandising opportunity for Creator, including all drafts, versions, and
other material created or provided in accordance with any opportunity contemplated hereunder by
INFLUXER or Creator (collectively, the “Material”), but expressly excluding Creator’s publicity
rights, shall be “works made for hire” according to U.S. Copyright law, and shall be owned
exclusively by INFLUXER. In the event any portion of the Material, other than Creator’s publicity
rights, is not considered “work made for hire” or as otherwise necessary to ensure full ownership
to INFLUXER, Creator hereby assigns to INFLUXER all right, title, and interest in and to such
Material (“Assignment”). Creator shall sign any additional documents that may be reasonably
necessary to effectuate the Assignment. Without in any way limiting the foregoing, Creator also
expressly and forever waives any “moral” rights or droit moral or any similar rights arising under
U.S. federal or state law or under the laws of any other country that conveys similar or other types
of moral rights.
9.1.4 DSO Approval. Creator hereby represents and warrants that, if Creator is considered an
international student-athlete, all of Creator’s grants and licenses herein have been or will be
disclosed to the Designated School Official at Creator’s university or institution (“DSO”) and that
the DSO believes that the payment of Royalties is not considered an active income opportunity.
9.2 Merchandise Orders.
9.2.1 Shipping Carrier. INFLUXER ships all of our orders via UPS. We will send you a substitute
order in the event of courier errors or damages to the goods sustained during transit. In the event
an order is not delivered due to a courier error, or the goods are damaged during transit, please
contact us via the contact merch@influxer.com.
9.2.2 Shipping Rates. Shipping charges for your order will be calculated and displayed at checkout.
Overnight delivery is only available for orders with delivery addresses within the continental
United States.
9.2.3 Processing and Delivery Times. All orders are processed within 2-5 business days, but orders
are generally not shipped or delivered on weekends or holidays. Standard shipping typically takes
between 2-8 business days for deliveries within the United States. If we are experiencing a high
volume of orders, shipments may be delayed. Please allow additional days in transit for delivery,
as delays can occasionally occur. Additionally, nationwide and global shipping delays (such as
those caused by COVID-19, holiday volumes, or inclement weather) may impact your estimated
delivery date.

9.2.4 Track Your Order. Once your order has shipped, you will receive a shipping confirmation
email with a tracking number to track your order via UPS. Once you receive your tracking number,
please allow up to 48 hours for the tracking portal to update.
9.2.5 Incorrect Shipping Addresses and Refused Delivery. We make every attempt to validate the
shipping address provided at checkout to ensure it’s recognized as a valid address by UPS. If we
cannot validate the address, we will try to contact you so that you may provide an updated address.
If we cannot update the address or get in contact with you after 30 days, the order will be canceled
and refunded. We shall not be held responsible if you provide the wrong shipping address and we
cannot recover the package.
9.2.6 Custom Fees and Import Taxes. Most international orders are subject to Customs Duty and
Tax regulations specified by the designated country. You may incur such fees during or after
shipping (tariffs, taxes, VAT, etc.), and they are your responsibility. We are not responsible for
any customs or import fees applied to your order. You may contact your local customs office for
details.
9.2.7 Refund Policy. INFLUXER does not offer exchanges or accept returns for refunds, unless
otherwise required by your jurisdiction.
9.2.8 Damages and Issues. Please inspect your order upon reception and, within 14 days after
delivery of your order, contact us if the item is defective, damaged, or if you receive the wrong
item, so that we can evaluate the issue and do our best to remedy the situation.
9.2.9 Exceptions / Non-Returnable Items. Certain types of items cannot be returned, like perishable
goods, custom products, and personal care goods. We also do not accept returns for hazardous
materials, flammable liquids, or gases. Please contact us at merch@influxer.com if you have
questions or concerns about your specific item. Unfortunately, we cannot accept returns on sale
items or gift cards.
9.2.10 European Union 14-Day Cooling Off Period. Notwithstanding the above, if the merchandise
is being shipped into the European Union, you have the right to cancel or return your order within
14 days, for any reason and without justification. As stated above, your item must be in the same
condition that you received it, unworn and unused, with tags, and in its original packaging. You’ll
also need the receipt or proof of purchase. Contact us for any return question(s) at
merch@influxer.com.
10. Messaging Program
10.1 Program Description. 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.
10.2 Opt In. 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”).
10.3. Opt Out. 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.
10.4 Message Frequency, Cost and Changes. 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.
10.5 Support Instructions. 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 merch@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.
10.6 Supported Devices. 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.
10.7 Age Restriction. 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.
10.8 Disclaimer of Warranty. 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.
10.9 State Laws. In addition to the specific state laws set forth below, we endeavor to comply with
similar laws of all 50 states.
10.9.1 Florida. We endeavor to comply with the Florida Telemarketing Act and the Florida Do
Not Call Act as applicable to Florida residents. For purposes of compliance, you agree that we
may assume that you are a Florida resident if, at the time of you opt-in to the Messaging Program,
(A) your shipping address, as provided, is located in Florida; or (B) the area-code for the phone
number used to opt-in to the Messaging Program is a Florida area-code. You agree that the
requirements of the Florida Telemarketing Act and the Florida Do Not Call Act do not apply to
you, and you shall not assert that you are a Florida resident, if you do not meet either of these
criteria or, in the alternative, do not affirmatively advise us in writing that you are a Florida resident
by sending written notice to us. Insofar as you are a Florida resident, you agree that mobile
messages sent by us in direct response to mobile messages or requests from you (including but are
not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall
not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for
purposes of Florida Statutes Section 501 (including but not limited to sections 501.059 and
501.616), to the extent the law is otherwise relevant and applicable.
10.9.2 Washington. To the extent the law is relevant and applicable to the Messaging Program, we
endeavor to comply with the commercial telephone solicitation requirements pursuant to the
Revised Code of Washington (RCW) (including but not limited to sections 80.36.390, 19.158.040,
19.158.110 and 19.158) as applicable to Washington residents. For purposes of compliance, you
agree that we may assume that you are a Washington resident if, at the time of opt-in to the
Messaging Program, the area-code for the phone number used to opt-in to the Messaging Program
is a Washington area-code.
10.9.3 Oklahoma. We endeavor to comply with the Oklahoma Telephone Solicitation Act of 2022
as applicable to Oklahoma residents. For purposes of compliance, you agree that we may assume

that you are an Oklahoma resident if, at the time of opt-in to the Messaging Program, the area-
code for the phone number used to opt-in to the Messaging Program is an Oklahoma area-code.

You agree that the requirements of the Oklahoma Telephone Solicitation Act do not apply to you,
and you shall not assert that you are an Oklahoma resident, if you do not meet the criteria or, in

the alternative, do not affirmatively advise us in writing that you are an Oklahoma resident by
sending written notice to us. Insofar as you are an Oklahoma resident, you agree that mobile
messages sent by us in direct response to mobile messages or requests from you (including but are
not limited to response to Keywords, opt-in, help or stop requests and shipping notifications) shall
not constitute a “telephonic sales call” or “commercial telephone solicitation phone call” for
purposes of Oklahoma Statutes Title 15 (including but not limited to sections 775C.1, 775C.2,
775C.3, 775C.4 and 775C.5), to the extent the law is otherwise relevant and applicable.
10.9.4. Updates. Any new features, changes, updates or improvements of the Messaging Program
shall be subject to these Terms unless explicitly stated otherwise in writing.
11.Prohibited Uses
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.
12.User Generated Content
12.1 “User Generated Content” is defined as any information and/or materials you provide to
INFLUXER, its agents, Affiliates, and corporate partners, or other Users in connection with your
registration for and use of the INFLUXER Platform and participation in INFLUXER promotional
campaigns. You are solely responsible for any and all of your User Generated Content. You
acknowledge and agree that INFLUXER is not involved in the creation or development of User
Generated Content, disclaims any responsibility for User Generated Content, and cannot be liable
for claims arising out of or relating to User Generated Content. Further, you acknowledge and
agree that INFLUXER has no obligation to monitor, review, authenticate, or verify User Generated
Content but reserves the right to limit or remove User Generated Content if it is not compliant with
the terms of this Agreement, without liability to you of any kind.
12.2 Except for any personally identifiable information we may collect from you under the
guidelines established in our Privacy Policy, any material, information, or other communication
you transmit, upload, or post to the INFLUXER Platform, including any ideas, comments,
suggestions, feedback, data, or the like will be considered non-confidential and non-proprietary.
By submitting the User Generated Content to INFLUXER, you agree INFLUXER is free to use it,
without limitation and without any compensation to you, for any purpose whatsoever and in
identifiable or de-identifiable form. INFLUXER and its designees will be free to copy, disclose,
distribute, incorporate, commercialize, and otherwise use the User Generated Content and all data,
images, sounds, text, and other things embodied therein for any and all commercial or
noncommercial purposes.
12.3 When you post User Generated Content, you represent and warrant to us that: (A) you own
the User Generated Content; (B) the posting of the User Generated Content does not violate any
rights of any person or entity or goes against our public image, goodwill, or reputation; (C) you
have no agreement with or obligations to any third party with respect to the rights granted herein
and you have not and will not sell, assign, transfer, or convey any of the rights granted herein in a
manner adverse to or in derogation of the rights granted to us; and (D) to the extent any “moral
rights” or similar right exist in the User Generated Content and are not exclusively owned by us,
you agree not to enforce any such rights as to us or our Affiliates (as later defined). You
acknowledge and agree to pay all royalties, fees, and any other monies owing to any person or
entity by reason of any User Generated Content posted by you to or through the Services. You
acknowledge and agree that you are solely responsible for compliance with any applicable law or
regulation relating to advertisement, social media marketing, or endorsement.
12.4 If you believe, in good faith, that any User Generated Content provided on or in connection
with the INFLUXER Platform is objectionable or infringes any of its rights or the rights of others,
you are encouraged to notify us. If you discover that User Generated Content promotes crimes

against humanity, incites hatred and/or violence, or concerns child pornography or other obscenity,
you must notify INFLUXER. Such notification can be made via email to support@influxer.com.
13. Social Media Integration
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.
14.Links to Third-Party Websites
14.1 The INFLUXER Platform may contain links to websites we do not operate, control, or
maintain (“Third-Party Websites”). We do not endorse any Third-Party Websites, we make no
representation or warranty in any respect regarding the Third-Party Websites, any association,
content, or operations therewith, and are not responsible for their availability, accuracy, content,
advertising, products, or services. Any links to Third Party Websites on the INFLUXER
PLATFORM are provided solely for your convenience and/or reference. If you do access any
Third-Party Websites, you do so at your own risk and waive any and all claims against us regarding
the Third-Party Websites or our links thereto. You hereby agree to hold INFLUXER harmless
from any liability that may result from the use of links that may appear on the INFLUXER
Platform.
You agree and acknowledge that INFLUXER has no obligation to monitor, review, or remove
links to Third-Party Websites, but reserves the right to limit or remove links to Third-Party
Websites at its sole discretion.
14.2 The use of any website controlled, owned, or operated by a third party is governed by the
terms and conditions of use and privacy policy for that website. You access such Third-Party
Websites at your own risk.
15.Intellectual Property Rights of INFLUXER
15.1 Rights in Proprietary Materials.
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.
15.2 Service Marks and Trademarks. 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.
15.3 Limited License. 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.
16.Copyright Complaints and Copyright Agent
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.
17.Media and User Generated Content License
17.1 License Grant. In consideration for your use of the INFLUXER Platform, to the fullest extent
permitted by law, you hereby grant 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 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 sound-effects
that you provide to INFLUXER (collectively, “Media” ), in any media now known or not currently
known, including but not limited to the right to the following:
A. Use, view, copy, adapt, modify, distribute, license, transfer, publicly display, publicly
perform, transmit, stream, broadcast, access, view, and otherwise exploit such indicia of
identity, Media, or User Generated Content;
B. Use, and permit to be used, your User Generated Content, Media, and indicia of identity in
the advertising, marketing, and/or publicizing of the INFLUXER Platform in any media,
in any format, and through any distribution channels;
C. 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
D. These licenses shall survive termination of this Agreement.
17.2 User Profile. To the extent such Media is attached to a User profile on the INFLUXER
Platform, the foregoing license includes a right to reproduce your profile, and any name, likeness
or photograph contained in such profile.
17.3 Authority. 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.
17.4 Waiver of moral rights. Further, you hereby agree to waive all claims of moral rights
associated with the Media or being the author of User Generated Content, 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 User
Generated Content.
17.5 Media Indemnification. 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
indicia of identity, User Generated Content, or Media in connection with the INFLUXER Platform.
18. Disclaimers
18.1 Operation.
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.
18.2 Liability and Release.
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 AND
AFFILIATES BE LIABLE FOR, AND YOU HEREBY RELEASE INFLUXER AND
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, INVESTORS, 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 QUALITY, TIMING, LEGALITY, PERFORMANCE, OR ANY OTHER ASPECT
OF THE OPPORTUNITIES, CREATORS, OR BRANDS.
18.3 Warranties.
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, 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 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 ENGAGEMENT, OPPORTUNITY, SERVICE, 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.
18.4 Regulations.
INFLUXER IS NOT AFFILIATED OR SPONSORED IN ANY WAY BY THE NCAA, ANY
OF ITS CONFERENCES, MEMBER INSTITUTIONS, OR ANY SIMILAR REGULATORY
OR GOVERNING BODY, INCLUDING BUT NOT LIMITED TO ANY STATE HIGH
SCHOOL ATHLETIC ASSOCIATION, CONFERENCE, DISTRICT, LEAGUE, OR
INDIVIDUAL PUBLIC OR PRIVTATE HIGH SCHOOL (COLLECTIVELY, “GOVERNINIG
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 AND PERFORMANCE OF OPPORTUNITIES BY ALL USERS 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. CREATORS AND BRANDS 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.
19.Indemnification. You hereby agree to indemnify, defend, and hold harmless INFLUXER and
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 participation in Opportunities, or your ability or inability to perform or obtain
the performance of Opportunities or to receive payment therefore; (C) your breach or violation of
this Agreement; (D) your violation of any of the applicable Regulations, any law, or the rights of
any User or third party; (E) your failure to abide by your representations and warranties made in
these Terms; (F) any content 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; (G) any breach of security or compromise to your
Account; and (H) 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.
20.No Rights of Third Parties
The provisions of this Agreement are for the sole benefit of INFLUXER, our 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.
21.Contests. 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.
22.Dispute Resolution, Arbitration, and Governing Law

22.1. AAA. 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
UNDERSTAND AND ACKNOWLEDGE THAT ARBITRATOR DECISIONS ARE SUBJECT
TO VERY LIMITED COURT REVIEW. The parties instead elect to have Claims resolved by
arbitration.
22.2 Choice of Law. 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.
22.3 Pre-Arbitration Resolution Attempt. 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.
22.4 Scope. 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.
22.5 Interpretation and Enforcement. 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.
22.6 Class and Collective Wavier. 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.
22.7 Right to Opt-Out. 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.
22.8 Enforcement of this Arbitration Provision. 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.
23.Mobile App Updates and Upgrades
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.
24.Apple
24.1 The following applies to our Mobile App accessed through or downloaded from the Apple
Inc. App Store (“App Store”):
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.
24.2 Prevailing Language and Location. 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.
24.3 Access to INFLUXER Platform Outside of Unites 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.
25.Telephone Communications and Agreement to be Contacted
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 merch@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 merch@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.
27.Consent to Electronic Signatures
Your use of the INFLUXER Platform may require you to make an electronic signature. You
understand, agree, and accept that: (A) an electronic signature has the same legal rights, effects,
and obligations as a physical signature; (B) your use of a keypad, mouse, or other device to select
an item, button, icon or similar act/action, constitutes your signature as if actually signed by you
in writing; and (C) no certification authority or other third party verification is necessary to validate
your electronic signature, and the lack of such certification or third party verification will not in
any way affect the enforceability of your electronic signature.
28.No Agency; No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is
intended or created by this Agreement.
29.General Provisions
29.1 Severability. 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.
29.2. Headings. 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.

29.3 No Waiver. 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.
29.4 Entire Agreement. 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.
29.5 Assignment. 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.
29.6 Successors and Assigns. This Agreement will inure to the benefit of INFLUXER, its
successors and assigns.
29.7 Survival. 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.
How to Contact Us
If you have any questions, comments or notices regarding these Terms or the INFLUXER
Platform, please contact us at support@influxer.com.

USER AGREEMENT

THIS USER AGREEMENT, together with any documents or references herein (“Agreement”),
contains important information about your legal conditions, rights, remedies, and obligations
governing Opportunities (as later defined), Service Contracts (as later defined), and how users
interact with each other on INFLUXER’s mobile application and web-based platform
(collectively, “INFLUXER Platform”), and is a legally binding agreement between you (“you”
or “User”) and Influxer Inc. (“INFLUXER,” “our,” “we,” or “us”). The capitalized terms used in
this Agreement shall have the meanings assigned to them herein.

We reserve the right to modify this Agreement at any time, with such changes becoming effective
when posted on the INFLUXER Platform. If you use the INFLUXER Platform after a modification
of this Agreement, you agree to be bound as modified.
1. Account
You must register for an account (“Account”) to have full access to our INFLUXER Platform,
and your registration is subject to our approval. We reserve the right to decline a registration to
join the INFLUXER Platform for any lawful reason.
1.1 Categorization
A User can sign up for two different categories of accounts on the INFLUXER Platform (“Account
Categorization”): (1) a creator Account (“Creator”), or (2) a brand Account (“Brand”). Once a
User chooses an Account Categorization and registers for an Account, INFLUXER will attempt
to confirm the User’s identify and categorization, and if confirmed, approve the User’s access to
the INFLUXER Platform.
If you create an Account as an employee or agent on behalf of a company, you represent and
warrant that you are authorized to enter into binding contracts, including the Terms of Service, on
behalf of yourself and the company. A Brand or Creator may only have one active Account at a
time, unless otherwise agreed to in writing by INFLUXER.
2. Purpose of the INFLUXER Platform
The INFLUXER Platform is an NIL (as later defined) marketplace where Creators connect with
Brands for paid collaborations (each an “Opportunity” and collectively, “Opportunities”). The
INFLUXER Platform enables Users to find one another, enter into engagement relationships,
receive and provide services, and make and receive payments.
INFLUXER exists to expand access to name, image, and likeness (“NIL”) opportunities, increase
Creator access to paid opportunities, and provide Brands with opportunities to grow their brand,
promote and market product and/or services, and increase revenue. When a User enters a Service
Contract, the User agrees to use the INFLUXER Platform exclusively to, among other things,
invoice, receive, and pay any amounts owed under the Service Contract.
3. User Relationship with INFLUXER
INFLUXER is not involved directly in the negotiation, delivery, or performance of an Opportunity
and is not a party to any agreements you may make with other Users. You acknowledge and agree
that you are solely responsible for your agreements with other Users, including vetting each other
and ensuring performance of the Opportunity.
A Brand can upload additional documents for use in each Opportunity. INFLUXER has not and
will not in any way review or approve these documents and we make no representation or warranty
as to their contents or suitability and each Creator needs to conduct their own due diligence and
obtain independent legal advice before agreeing to them.

You further acknowledge and agree that Users, not INFLUXER, are solely responsible for: (A)
evaluating and determining the suitability of any Opportunity; (B) assessing whether to enter into
a Service Contract with another User, determining compliance will all relevant policies, rules, and
laws, and for verifying any information about another User; and (C) negotiating, agreeing to, and
executing any terms or conditions of the contracts and for performing and monitoring performance
under them. All Service Contracts are directly between the Users, and INFLUXER is not a party
to those contracts.
4. Contractual Relationship Between Creator and Brand
4.1 Status System
In order for a Creator and Brand to enter into an Opportunity, either a Brand must request the
services of a Creator or a Creator must apply to a Brand’s campaign and enter into a Service
Contract. Each request will be accompanied by the relevant terms, criteria, and details of the
Opportunity, and each application will be accompanied by the rates and details of the Creator’s
engagement, including but not limited to, deliverable specifications and timeline, length of the
Opportunity, following, and pay. The Creator’s rate shall not be negotiated or bargained; the rate
set by the Creator must be honored by the Brand for each Opportunity.
A Brand can either choose for a campaign to be “refined”, where a Brand can limit the criteria for
requests by Creators, or “open”, where the Brand can send requests to Creators and any Creators
can send applications to the Brand.
Once the Brand accepts a Creator’s application or the Creator accepts a Brand’s request, the Users
will have effectively entered into a binding contract (“Service Contract”). The Users will then
collaborate regarding specific expectations surrounding the Opportunity, which will be
incorporated into the Service Contract and shall be binding on the Users, as if initially included in
the Service Contract. Subsequently, the Creator will have a predetermined period of time to
satisfactorily complete its deliverables and mark in the INFLUXER Platform that it successfully
completed its Service Contract obligations. The Brand is then obligated to, solely via the
INFLUXER Platform, pay the Fees (as later defined) within fourteen (14) days or it will be
automatically charged such fees using its credit card or other payment method specified at Account
registration (“Payment Method”). Once payment is received by the Creator, the Service Contract
is completed, and the Opportunity is closed.
The Creator agrees to keep the deliverable posted (on the relevant platform(s) on which it was to
be posted per the Service Contract) for a minimum period of sixty (60) days (“Minimum
Deliverable Requirement”), unless by the nature of the post it cannot remain live for such time
or unless otherwise agreed to between the Users.
Once a Service Contract is entered into between Users, the only way to cancel it is for both parties
to agree to mutually terminate the Opportunity.
4.2 Service Contracts

With respect to any Service Contract, Creators and Brands may enter into any agreements offered
and provided on the INFLUXER Platform that they deem appropriate, provided that those
agreements do not conflict with, narrow, or expand INFLUXER’s rights and obligations under the
Terms of Service, or conflict with this Agreement.
4.3 Taxes and Payments
Users, not INFLUXER, are responsible for paying and filing their own taxes, obtaining their own
insurance, and ensuring they comply with applicable laws and regulations. Additionally, Users
will be responsible for all costs and expenses incurred in the performance of a Service Contract.
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.
4.4 Disputes Among Users
You agree to try to resolve your disputes with other Users amicably and first amongst each other.
If that process does not resolve your dispute, you may pursue your dispute independently, but you
acknowledge and agree that INFLUXER will not and is not obligated to provide any further dispute
resolution assistance.
4.5 Confidential Information
To the extent a User provides confidential information to the other, the recipient will protect the
secrecy of the discloser’s confidential information with the same degree of care as it uses to protect
its own confidential information, but in no event with less than reasonable care, and will not: (A)
disclose or permit others to disclose another’s confidential information to anyone without first
obtaining the express written consent of the owner of the confidential information; and (B) use or
permit the use of another’s confidential information, except as necessary for the performance of
the Opportunity. Users may agree to any terms they deem appropriate with respect to
confidentiality. If Users do not agree to their own confidentiality terms, this Section (Confidential
Information) applies.
4.6 Non-Payment or Default
If a Brand is in “default”, meaning the Brand fails to timely pay the Creator Fee (collectively, the
“Fees”) or any other amounts when due under the Terms of Service, INFLUXER will be entitled
to charge the Fees using the Brand’s Payment Method. The Brand will also be deemed to be in
default on the earliest occurrence of any of the following: (A) Brand fails to bring, within a
reasonable period of time but no more than fourteen (14) days after accrual of the charge, an
account current after a credit or debit card is declined or expires; (B) Brand initiates a chargeback
with a bank or other financial institution resulting in a charge for the Fees or such other amount
due being reversed to the Brand; or (C) the Brand takes other actions or fails to take any action
that results in a negative or past-due balance on the Brand’s account.

If a Brand is in default, INFLUXER may, without notice, temporarily or permanently close the
Brand’s Account and revoke the Brand’s access to the INFLUXER Platform, including Brand’s
authority to use the INFLUXER Platform to process any additional payments, create campaigns,
enter into Service Contracts, or obtain any additional services from other Users through the
INFLUXER Platform. However, the Brand will remain responsible for any of the Fees and other
amounts that accrue from Opportunities it entered at the time a limitation is put on the Brand’s
Account as a result of the default. Without limiting other available remedies, a Brand must pay
INFLUXER upon demand for any amounts owed, plus interest on the outstanding amount at the
lesser of one and one-half percent (1.5%) per month or the maximum interest allowed by applicable
law, plus attorneys’ fees and other costs of collection to the maximum extent permitted by
applicable law.
INFLUXER does not guarantee to Creators that a Brand is able to pay or will pay the Creator Fee,
and INFLUXER is not liable for the Creator Fee if a Brand is in default or initiates a chargeback
of funds with their financial institution.
Creators may use the dispute process described herein to recover funds from the Brand in the event
of a default or may pursue such other remedies against the Brand as Creator chooses. If
INFLUXER recovers funds from a Brand who initiated a chargeback or who is in default pursuant
to this Agreement, INFLUXER will disburse any portion attributable to the Creator Fee to the
applicable Creator to the extent not already paid by the Brand.
4.7 Term and Termination
Unless mutually terminated pursuant to this Agreement, the term of each Service Contract shall
last from inception of the Service Contract and shall continue indefinitely thereafter until the
Creator (and INFLUXER) receives payment of the Fee in connection with the Opportunity
connected to the Service Contract or the deliverable(s) has been live for the Minimum Deliverable
Requirement, whichever comes later.
4.8 Non-Disparagement
Users agree that, during the term of the Service Contract and for one (1) year thereafter, no User,
including their respective employees, members, managers, representatives, agents, officers, and/or
spokesperson(s) (but only when acting in their capacities as spokesperson(s) of such party, and not
in any other capacity), will make any statement or take any action that publicly disparages, is
derogatory, or is otherwise damaging to the other User, its affiliates, officers or members.
4.9 Entire Agreement
This Agreement together with each Service Contract and, where applicable, the rest of the Terms
of Service contains the entire agreement and understanding among the Users with respect to the
Opportunities, and supersedes all prior and contemporaneous agreements, understandings,
inducements, and conditions, express or implied, oral or written, of any nature whatsoever with
respect to the subject matter hereof. The express terms hereof control and supersede any course of
performance and/or usage of the trade inconsistent with any of the terms hereof.

4.10 Assignment
A User may not assign any Service Contract or delegate the performance thereof without the prior
written consent of the other party to the Service Contract. Any attempted assignment or delegation
thereof without such consent shall be null and void.
4.11 Force Majeure
If the performance of a Service Contract is interfered with by any circumstance beyond the

reasonable control of the User affected, the User affected by the force majeure is excused on a day-
by-day basis to the extent of the interference, if the User notifies the other party as soon as

practicable of the nature and expected duration of the claimed force majeure, uses all commercially
reasonable efforts to avoid or remove the causes of nonperformance and resumes performance
promptly after the causes have been removed. A “force majeure” under this Section includes (A)
acts of God, such as fire, flood, earthquake, pandemics, epidemics, or other natural cause; (B)
terrorist events, riots, insurrections, war or national emergency; (C) strikes, boycotts, lockouts, or
other labor difficulties; (D) the lack of or inability to obtain permits or approvals, necessary labor,
materials, energy, components, or machinery; and (E) judicial, legal or other action of any
governmental authority. Notwithstanding the foregoing, failure to pay any Fees due under a
Service Contract, this Agreement, or Terms of Service will not be excused under this paragraph.
4.12 Successors and assigns
All the terms and provisions of each Service Contract shall be binding upon and inure to the benefit
of the parties and their respective successors and permitted assigns.
5. Omitted
6. Subscriptions
For subscriptions added in the iOS app, your account will be charged the subscription fee for
renewal each month, bi-annually, or annually, depending on the Brand’s subscription status within
24-hours prior to the end of the current period.
7. Payments
7.1 Payment Method
To use the INFLUXER Platform, Users must provide account information for at least one valid
Payment Method. During Account registration, Users agree to and shall designate a Payment
Method, and if a Brand, authorize us to charge that Payment Method.
Users hereby expressly authorize INFLUXER to run credit card authorizations on all credit cards
provided and to store financial details as that User’s method of payment consistent with our
Privacy Policy, and when applicable, to charge a Brand’s credit card (or any other Payment
Method) for payment of Fees and any other amounts due and owed under the Terms of Service.
When a User authorizes a payment using a Payment Method, that User represents that there are
and will remain sufficient funds or credit available to complete the payment for any and all

Opportunities using the designated Payment Method. To the extent that any amounts owed under
this Agreement or the remaining Terms of Service cannot be collected from the User’s Payment
Method(s), the User is solely responsible for paying such amounts by other means.
INFLUXER is not liable to any User if INFLUXER does not complete a transaction as a result of
any limit by applicable law or your financial institution, or if a financial institution fails to honor
any credit or debit to or from an account associated with such Payment Method. INFLUXER will
make commercially reasonable efforts to work with any such affected Users to resolve such
transactions in a manner consistent with this Agreement.
By providing Payment Method information through the INFLUXER Platform or by authorizing
payments with the Payment Method, you represent that: (A) you are legally authorized to provide
such information; (B) you are legally authorized to make or receive payments using the Payment
Method(s); (C) if you are an employee or agent of a company or person that owns the Payment
Method, that you are authorized by the company or person 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.
7.2 No Return of Fees or Chargebacks
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.
8. Non-Circumvention
8.1 Fees and Opportunities
You agree to exclusively use the INFLUXER Platform for all Opportunities that arise out of a
connection or relationship you made or was introduced through INFLUXER or the INFLUXER
Platform. You acknowledge and agree to use the INFLUXER Platform as your exclusive method

to request, make payment of, and receive all Fees arising directly or indirectly from the relationship
made between Users on the INFLUXER Platform, and not to circumvent the INFLUXER
Platform.
For clarity and the avoidance or doubt, you agree that you will not, among other things: (A) offer
or solicit Opportunities or accept any offer or solicitation from parties identified through
INFLUXER or the INFLUXER Platform to contract, hire, invoice, pay, or receive payment in any
manner other than through the INFLUXER Platform; or (B) refer a User you identified on the
Platform to a third party for purposes mentioned in subsection (A) above.
Each User must notify us immediately if another User suggests making or receiving payments
outside the INFLUXER Platform or if you receive unsolicited contact outside of the INFLUXER
Platform. If you are aware of a breach or potential breach of this Section, please submit a
confidential report to INFLUXER at support@influxer.com
8.2 Communication
Prior to entering into a Service Contract, during an Opportunity, and at all times thereafter, Users
agree to communicate with other Users exclusively through the INFLUXER Platform and not to
provide your Direct Contact Information (as later defined) to any other User or another person that
you identified or were identified by through the INFLUXER Platform.
Further, each User agrees and acknowledges that it: (A) will not use Direct Contact Information
of another User to attempt to or to communicate with, solicit, contact, or find the contact
information of a User outside of the INFLUXER Platform; (B) will not ask for, provide, or attempt
to identify through public means the contact information of another User; and (C) will not include
any Direct Contact Information or means by which your contact information could be discovered
in any profile, proposal, posting, invitation, or communication through the INFLUXER Platform
(including in each case in any attached file), except as otherwise provided on the INFLUXER
Platform.
For purposes of this Agreement, “Direct Contact Information” means any information that
would allow another person to contact you directly, including, without limitation, phone number,
email address, physical address, any link to an applicant management system or means to submit
a proposal or application outside of the INFLUXER Platform, or any information that would
enable a user to contact you on social media or other platform. Information is considered Direct
Contact Information if it would enable another User or third party to identify any of the information
above through other sources, such as going to a website that included an email address or
identifying you through social media.
9. Survival
After this Agreement terminates, the terms and conditions of the Terms of Service that expressly
or by their nature contemplate performance after this Agreement terminates shall survive and
continue in full force and effect. Thus, the termination of this Agreement will not release you or
INFLUXER from any obligations incurred prior to termination of this Agreement or other parts of
the Terms of Service or that may accrue related to any act or omission prior to such termination.

10. General
10.1 Entire Agreement
Other than our Privacy Policy, the Terms of Service is the only agreement between you and us
regarding Opportunities, Service Contracts, and how Users interact with each other on
INFLUXER’s mobile application and web-based platform, and supersedes all prior agreements
between us for actions occurring after the effective date of this Agreement.
10.2 Modifications
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 30 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.
10.3 Waiver
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.
10.4 Assignability
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.
In order for a Brand to assign the Terms of Service or its Account to a successor after an acquisition
of the company or substantially all of its assets, a merger, or another change in majority ownership
of the company, the Brand must provide written notice to INFLUXER via email to
support@influxer.com, and obtain approval.
The email must include the Account username, person’s name making the request and their
relationship to the Brand, the Brand’s address and person’s telephone number, a statement
indicating the manner in which the company was acquired, the name and contact information of
the acquiror, and the effective date of such change in ownership.
If INFLUXER does not object via email within seven (7) business days of sending of an email,
then the assignment is permissible, provided in both cases that such notice is properly addressed.
10.5 Severability
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.