Terms of Service

Last updated: February 6, 2023 

Introduction

This End User Terms of Service Agreement (this “Agreement”) governs youraccess to and use of certain products, services and properties made availableby FLOCKKE PTE. LTD., d/b/a Flockke (“Flockke,” “we,” “us” or “our”), aDelaware corporation, with offices at 1 Tampines North Drive 1 #06-08 T-Space,Singapore, 528559. Our products, services and properties include, withoutlimitation, our website available atwww.flockke.io(the “Site”),our services to facilitate the purchase, storage, and transfer of certain DigitalCollectibles (“DIGITAL COLLECTIBLE(s)”), and software provided on or inconnection with those services (collectively, the “Service”). Certainfeatures of the Service may be subject to additional guidelines, terms, orrules (“Supplemental Terms”), which will be displayed in connection withsuch features. All such Supplemental Terms are incorporated by reference intothis Agreement. If this Agreement are inconsistent with any Supplemental Terms,the Supplemental Terms shall control solely with respect to such services.

FLOCKKE IS NOT A FINANCIAL INSTITUTION OR CREDITOR. FLOCKKEFACILITATES TRANSACTIONS OF DIGITAL COLLECTIBLES ON BEHALF OF USERS INCONNECTION WITH THE PURCHASE, STORAGE, AND SALE OF SUCH DIGITAL COLLECTIBLES.YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT, IF YOU USE THE SERVICE TO PURCHASEA DIGITAL COLLECTIBLE, THEPLATFORM OR THIRD-PARTY SELLER ORIGINALLY OFFERING SUCH DIGITAL COLLECTIBLE(THE “ORIGINAL OFFEROR”) SHALL BE AN INTENDED THIRD-PARTY BENEFICIARY OFTHIS AGREEMENT WITH RESPECT TO ANY SUCH PURCHASE. YOU AGREE THAT FLOCKKE SHALLNOT BE A PARTY TO OR HAVE ANY RESPONSIBILITY OR LIABILITY FOR, ARISING OUT OF,RELATING TO, ASSOCIATED WITH OR RESULTING FROM ANY DISPUTES BETWEEN YOU AND ANYORIGINAL OFFEROR OF A DIGITALCOLLECTIBLE IN RESPECT OF SUCH DIGITAL COLLECTIBLE OR SUCH DIGITALCOLLECTIBLE BEING CONSIDERED AN INVESTMENT CONTRACT OR ANY INTELLECTUALPROPERTY OR OTHER RIGHTS EMBODIED THEREBY OR INCLUDED THEREWITH.

YOU BEAR FULL RESPONSIBILITY FOR VERIFYING THE IDENTITY,LEGITIMACY, AND AUTHENTICITY OF DIGITAL COLLECTIBLES YOU PURCHASE THROUGH THESERVICE OR ANY CLAIMS MADE BY ANY ORIGINAL OFFEROR OFSUCH DIGITAL COLLECTIBLES. NOTWITHSTANDING ANYTHING SETFORTH HEREIN OR THROUGH THE SERVICE, FLOCKKE MAKES NO CLAIMS ABOUT THEIDENTITY, LEGITIMACY, OR AUTHENTICITY OF DIGITAL COLLECTIBLES THAT YOU MAYPURCHASE THROUGH THE SERVICE, OR ANY CLAIMS MADE BY ANY ORIGINAL OFFEROR OFSUCH DIGITAL COLLECTIBLES.

PLEASE READ SECTION 17 OF THIS AGREEMENT CAREFULLY, AS ITCONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTESBETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUTOF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMSAND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASSMEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU AREAGREEING TO MANDATORY INDIVIDUAL ARBITRATION FOR THE RESOLUTION OF DISPUTES ANDWAIVING YOUR RIGHT TO A JURY TRIAL ON YOUR CLAIMS.

PLEASE BE AWARE THAT SECTION 3 OF THIS AGREEMENT, BELOW, CONTAINSYOUR OPT-IN CONSENT TO RECEIVE COMMUNICATIONS FROM US.

THIS AGREEMENT IS IMPORTANT AND AFFECTS YOUR LEGAL RIGHTS,SO PLEASE READ IT CAREFULLY. BY CLICKING ON ANY “I ACCEPT” BUTTON, COMPLETINGTHE ACCOUNT REGISTRATION PROCESS, PURCHASING ITEMS THROUGH THE SERVICE, AND/OROTHERWISE USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT AND ALL OFTHE TERMS INCORPORATED HEREIN BY REFERENCE. Ifyou do not agree to this Agreement, you may not access oruse the Service or purchase any Digital Collectibles through the Service. Forexisting users of the Service, you acknowledge and agree that this Agreement iseffective beginning on the date on which you first accessed and/or used anyService.

By submitting data through the Service, you expressly consentto the collection, use and disclosure of your personal data in accordance withthis Agreement and any then-current Privacy Policy made available by us.

Flockke reserves the right to change or modify thisAgreement at any time and in our sole discretion. If we make changes to thisAgreement, we will provide notice of such changes, such as by sending an emailnotification, providing notice throughthe Service or updating the “Last Updated” dateat the beginning of this Agreement. By continuing to access or use the Serviceat any point after such update, you confirm your acceptance of the revisedAgreement and all of the terms incorporated therein by reference. We encourageyou to review this Agreement frequently to ensure that you understand the termsand conditions that apply when you access or use the Service. If you do notagree to the revised Agreement, you may not access or use the Service.

1. Our service

The Service is a software application made available by Flockkethat allows Registered Users (as defined below) to (i) engage in transactionsdirectly with Flockke or with an Original Offeror for the purchase of DigitalCollectibles in exchange for fiat currency and/or cryptocurrency, in each casein accordance with the functionality of the Service (each such transaction, a “Transaction”);and (ii) store and access such Digital Collectibles through one or more digitalwallets made available by Flockke (each, a “Flockke Wallet”). SuchTransactions may be facilitated through the Flockke website directly, orthrough a Flockke plug-in or other integration on a third-party platform. Youmay only use certain portions of the Service by registering for an Account, asdefined below.

2. Account Registration; Consent to ElectronicCommunication; Compliance with Legislation

Inorder to use certain features of the Service you will need to register for anaccount on the Service (“Account”). You must be eighteen (18) years old orotherwise capable of forming a binding contract to register for an Account. By creatingan Account, you agree to (i) provide accurate, current, and complete Accountinformation about yourself, (ii) maintain and promptly update from time to timeas necessary your Account information, (iii) maintain the security of yourpassword and accept all risks of unauthorized access to your Account and theinformation you provide to us, and (iv) immediately notify us if you discoveror otherwise suspect any security breaches related to the Service or yourAccount. You may not have more than one Account, and Flockke reserves the rightto block multiple Accounts of the same user. We reserve our right to establishand conduct, at any time during the term of this Agreement, know-your-customer(“KYC”) protocols in accordance with cryptocurrency industry’s bestpractices regarding your use of the Service.

You may sign into the Service with or otherwise link yourAccount to a valid account that you hold through a compatible third-partyservice (“Third-Party Account”) byallowing Flockke to access your Third-Party Account, as ispermitted under the applicable terms and conditions that govern your use ofsuch Third-Party Account. You represent that you are entitled to disclose yourThird-Party Account login information to Flockke and/or grant Flockke access toyour Third-Party Account (including, but not limited to, for use for thepurposes described herein) without breach by you of any of the terms andconditions that govern your use of the applicable Third-Party Account andwithout obligating Flockke to pay any fees or making Flockke subject to anyusage limitations imposed by such third-party service providers. By granting Flockkeaccess to any Third-Party Accounts, you understand that Flockke may access,make available and store (if applicable) any information, data, text, software,messages, tags and/or other materials accessible through the Service(collectively, “Content”) that you have provided to and stored in yourThird-Party Account, solely as permitted by the functionality of the Serviceand your permission settings in such Third-Party Account. Please note that if aThird-Party Account or associated service becomes unavailable, or Flockke’saccess to such Third-Party Account is terminated by the third-party serviceprovider, then any Content made available from or through such Third-PartyAccount may no longer be available on and through Service. You may have theability to disable the connection between your Account and your Third-PartyAccounts at any time by accessing your settings within such Third-PartyAccount. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICEPROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOURAGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND FLOCKKE DISCLAIMS ANYLIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BYSUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THATYOU HAVE SET IN SUCH THIRD-PARTYACCOUNTS. Flockke makes no effort to review anyContent for any purpose, including but not limited to, for accuracy, legalityor noninfringement, and Flockke is not responsible for any Content.

You agree that you will not (i) buy, sell, rent, or lease access to your Accountwithout our written permission; (ii) register or attempt to register for a newAccount without our written permission after your Account has been disabled ordeleted by us; (iii) share your Account password with anyone; or (iv) log in ortry to log in to access the Service through unauthorized third partyapplications or clients.

When you register for your Account, you agree to provide Flockke with any information we request for the purposes of identity verification and the detection of money laundering, terrorist financing, fraud or any other financialcrime and permit us to keep a record of such information. Flockke reserves theright to require you to provide additional information and documents as it believes reasonably necessary, including at the request of any competentauthority or in order to assist Flockke with complying with its obligationsunder applicable law, regulation, or policy, including laws related toanti-money laundering and the financing of terrorism. Flockke may also require you to provide additional information and documents in cases where it hasreason to believe that: (i) your Account is being used for money laundering orfor any other illegal activity; (ii) you have concealed or reported false identification information and other details; or (iii) Transactions effected viayour Account were effected in breach of this Agreement. In such cases, Flockke,in its sole discretion, may pause or cancel your Transactions until suchrequested additional information and documents have been reviewed by Flockkeand accepted as satisfying the requirements of applicable law, regulation, or policy.

If you do not provide complete and accurate information anddocuments in response to such a request, or Flockke is otherwise unable toverify your identity, or we have actual indications of fraud or violation ofapplicable legislation or regulation from your side, Flockke may, in its solediscretion:
1. suspend your account temporarily while we investigate further
2. reverse or rescind any DIGITAL COLLECTIBLE purchase Transaction that it reasonably suspects has been conducted in violation of applicable law, fraud or this Agreement;
3. refuse to provide any DIGITAL COLLECTIBLE, Content, product, service and/or further access to the Service to you; and/or
4. if no other remedy is available and you have not complied with our requests to verify your compliance with applicable legislation, terminate your Account;
all without no compensation whatsoever for you.

In the latter (iv) above (this is, if no other remedy isavailable when you have not complied with applicable legislation, and, inresponse, we terminate your account), you hereby acknowledge and accept thatany DIGITAL COLLECTIBLE left behind in your Flockke Wallet shall be repossessedby Flockke, and thus you hereby waive any right you may have over such DIGITALCOLLECTIBLE(s) and any legal action to claim back ownership or any other rightover the abovementioned DIGITAL COLLECTIBLE(s).

Additionally, Flockke will also be entitled to repossess anyDIGITAL COLLECTIBLE(s) that have been minted through transactions where arefund has been successfully processed in favor of the user or where, after thecorresponding dispute proceeding has finalized, it has been deemed that such DIGITALCOLLECTIBLE is the property of Flockke or (for whatever reason,such as being the result of an erroneoustransaction) there is no ownership title whatsoever.

By creating an Account, you consent to receive electroniccommunications from Flockke (e.g., via email or by posting notices to theService). These communications may include notices about your Account (e.g.,password changes and other transactional information) and are part of yourrelationship with us. You agree that any notices, agreements, disclosures orother communications that we send to you electronically will satisfy any legalcommunication requirements, including, but not limited to, that suchcommunications be in writing. You should maintain copies of electroniccommunications from us by printing a paper copy or saving an electronic copy.We have no obligation to store for your later use or access any such electroniccommunications that we make to you. We may also send you promotionalcommunications via email, including, but not limited to, newsletters, specialoffers, surveys and other news and information we think will be of interest toyou. You may opt out of receiving these promotional emails at any time byfollowing the unsubscribe instructions provided therein.

When you register for an Account, you hereby represent andwarrant, to and for the benefit of Flockke, its affiliates and its and theirrespective representatives, as follows:
Independent Investigation and Non-Reliance. You aresophisticated, experienced and knowledgeable in the buying, selling or tradingof Digital Collectibles, as applicable. Additionally, you have conducted anindependent investigation of the Service and the matters contemplated by thisAgreement, have formed your own independent judgment regarding the benefits andrisks of and necessary and desirable practices regarding the foregoing, and, inmaking the determination to buy, sell or trade any
Digital Collectibles using the Service, you haverelied solely on the results of such investigation and such independentjudgement. Without limiting the generality of the foregoing, you understand,acknowledge and agree that the legal requirements pertaining to blockchaintechnologies and digital assets and digital goods generally, including the DigitalCollectibles, are uncertain, and you have conducted an independentinvestigation of such potentially applicable legal requirements and theresulting risks and uncertainties, including the risk that one or moregovernmental entities or other persons may assert that any digital assets orcryptographic tokens (including the Digital Collectibles) may constitutesecurities under applicable legal requirements. You hereby irrevocably disclaimand disavow reliance upon any statements or representations made by or onbehalf of, or information made available by, Flockke, in determining to enterinto this Agreement or to buy, sell or trade any Digital Collectibles orotherwise use the Service.

Litigation. There is no legal proceeding pending thatrelates to your activities relating to Digital Collectibles, other digitalassets, or blockchain technology.

Compliance. You have not failed to comply with, and have notviolated, any applicable legal requirement relating to any blockchaintechnologies, token trading activities or DIGITAL COLLECTIBLE purchase and/orsale. No investigation or review by any governmental entity is pending or, toyour knowledge, has been threatened against or with respect to you, nor doesany government order or action prohibit you or any of your representatives fromengaging in or continuing any conduct, activity or practice relating to DigitalCollectibles.

You must provide all equipment and softwarenecessary to connect to the Service. You are solely responsible for any fees,including Internet connection or mobile fees, that you incur when accessing theService.

3. Purchasing a Digital Collectible

In order to purchase a Digital Collectible using theService, you must provide a valid and accepted payment method, such as yourcredit card (your “Payment Method”). Upon Flockke’s authorization andverification of your Payment Method(s), you will be able to engage inTransactions. You are responsible for keeping all information for your PaymentMethod updated and accurate through the term of this Agreement.

Users who have registered for an Account (each, a “RegisteredUser”) and have provided a valid Payment Method to Flockke can use thePayment Method to purchase a Digital Collectible being offered for sale by Flockkeor by an Original Offeror,including without limitation (i) an Original Offeror thathas integrated the Service into its platform; and (ii) an Original Offeroroffering a Digital Collectible that they own for sale through a third-partyplatform that has integrated the Service into its platform. All pricing forsuch Digital Collectibles is set by the seller of such Digital Collectibles andlisted at point of sale or otherwise through the platform on which such sellermakes such Digital Collectibles available for purchase.

When you use the Service to purchase a Digital Collectibleoffered for sale by an Original Offeror, you agree and understand that Flockkewill (i) purchase such Digital Collectible and take custody of such DigitalCollectible, and (ii) settle the Transaction with you by charging or debitingyour chosen payment method and delivering to your Flockke Wallet the DigitalCollectible you have purchased from Flockke. Once Flockke completes thepurchase of the Digital Collectible from the Original Offeror, Flockke settleswith the Original Offeror via payment in cryptocurrency or fiat currency, asapplicable.Flockke will facilitate the transfer of any DigitalCollectible you purchase using the Service to your Flockke Wallet as soon asfunds have settled to Flockke, or earlier in Flockke’s sole discretion. Thissettlement of funds to Flockke, and in turn the transfer of the DigitalCollectible from Flockke to your Flockke Wallet, may take up to three businessdays but in some cases may be longer. Flockke is not responsible for any delaysrelated to such transfer and/or any damage this may cause you, if any. Flockkemay also require you to provide additional information and documents inconnection with a Transaction where it has reasons to believe that: (i) yourAccount is being used for money laundering or for any other illegal activity;(ii) you have concealed or reported false identification information and otherdetails; or (iii) Transactions effected via your Account were effected inbreach of this Agreement. In such cases, Flockke, in its sole discretion, maypause or cancel such Transaction until such requested additional informationand documents have been reviewed by Flockke and accepted as satisfying therequirements of applicable law, regulation, or policy. If you do not providecomplete and accurate information and documents in response to such a request,or Flockke is otherwise unable to verify your identity, Flockke may, in itssole discretion, (A) reverse or rescind any DIGITAL COLLECTIBLE purchase Transactionthat it reasonably suspects has been conducted in violation of applicable lawor this Agreement; and/or (B) refuse to provide any Digital Collectible,Content, product, service and/or further access to the Service to you.

If Flockke cannot complete your Transaction for any reason(including price movement, market latency, or order size), Flockke will rejectthe order and notify you of such rejection. In the event a Transaction cannotbe completed, (i) If your card has not been charged, Flockke will authorize arelease of any hold on yourcard in connection with a rejected order; and (ii) if yourcard has already been charged, Flockke will initiate a refund to your card. Youwill not be irrevocably charged for a rejected Transaction unless it is due toyour breach of this Agreement or agreement with the provider of your PaymentMethod, or otherwise as set forth in Section 6, below.

When you choose to purchase a Digital Collectible throughthe Service using a cryptocurrency, we will request the applicablecryptocurrency funds from your wallet before we buy the Digital Collectible. IfFlockke’s buying transaction fails, and you are entitled to a refund asaddressed in the immediately preceding paragraph, you acknowledge and agreethat(i) you may be liable for gas fees and othertransaction costs in connection with such refund; and (ii) at our solediscretion, we may provide such refund in an equivalent value in a differentcryptocurrency from the one in which you originally funded the purchase.

In the event that you are entitled to a refund in connectionwith a cryptocurrency purchase of a Digital Collectible, you will be asked toenter a valid third-party digital wallet address through the Service. Yourepresent and warrant that you are the owner of the wallet that you provide.You are solely responsible for ensuring that the wallet address is correct andthat the wallet supports the cryptocurrency in which the refund will beprocessed. All such refund payments are non-cancellable and irreversible.

4. Your Flockke Wallet

Your Flockke Wallet is linked to your Account and mayinclude multiple discrete digital wallets, each supporting a differentblockchain, but collectively visible to you through the Service as a single digital wallet. Once a Digital Collectible is transferred to your Flockke Wallet, you can log into your Account on the Site to access, view, and displaythrough such Flockke Wallet Digital Collectibles that (i) you have purchased using the Service; or (ii) you have purchased outside the Service andtransferred to such Flockke Wallet. Flockke does not represent that your Flockke Wallet or any Digital Collectibles stored therein will be interoperable withany specific third-party platform or service, or that you will be able toaccess and/or redeem any benefits embedded in or otherwise connected to a Digital Collectible (such as, for example, token-gated access to a third-party service)while such Digital Collectible is in your Flockke Wallet.

If you wish to withdraw a Digital Collectible from your FlockkeWallet to a third-party digital wallet, you must submit a request to Flockke. Flockkewill make commercially reasonable efforts to effect all such withdrawals withina reasonable period of time. You may be liable for gas fees and othertransaction costs in connection with such withdrawal. Flockke shall have noliability to you in connection with any loss or error arising from or inconnection with any incorrect information (including, for e.g., third-partydigital wallet address) provided by you in connection with any such withdrawal.

5. Pricing; Payment

Any payment obligations you incur are binding at the time ofpurchase. You may not substitute any other currency, whether cryptocurrency orfiat currency, for the currency in which you have contracted to pay at the timeof purchase. For clarity, no fluctuation in the value of any currency, whethercryptocurrency or otherwise, shall impact or excuse your obligations with respectto any purchase.

All pricing and fees will be set forth at the time and pointof sale. By using the Service you agree to pay all applicable fees. Flockkereserves the right to adjust its pricing and fees at any time. We will notifyyou of the pricing and fees which apply to your Transaction when you authorizethe Transaction and in each receipt we issue to you. Our fee may include gasfees to process a Transaction, which we will calculate in our discretion. Wewill notify you of the total amount of your purchase at or before the time youauthorize the Transaction. You are responsible for paying any additional feescharged by your financial services provider. In the event that we receive apayment in an amount less than the total due for the relevant Transaction, wewill reject the order, notify you of the reason for the rejection, and (exceptwhere otherwise required to comply with applicable law) return the payment lessour processing costs. You may be responsible for additional transaction fees,including gas fees, in connection with your Transaction.

When a Transaction is initiated through your Account, wewill assume that you authorized such Transaction, unless you notify usotherwise. If you believe you did not authorize a particular Transaction orthat a Transaction was incorrectly carried out, you must contact us as soon aspossible. While we endeavor to assist with unauthorized or erroneousTransactions, we cannot guarantee that we will be able to reverse or correctany Transaction once it has been initiated.

You cannot cancel, reverse or change any Transaction markedas complete or pending. If your payment is not successful, if your PaymentMethod has insufficient funds or if you reverse a payment made from funds inyour bank account, you authorize Flockke, in its sole discretion, to eithercancel the Transaction or to debit your any of your other Payment Methods inany amount necessary to complete theTransaction on its original terms. You agree to make anysuch payment upon Flockke’s request. You are responsible for maintaining anadequate balance and/or sufficient credit limits in order to avoid overdraft,non-sufficient funds (NSF) or similar fees charged by your financial servicesprovider. We reserve the right to refuse to process or to cancel or reverse anyTransaction in our sole discretion, even after funds have been debited fromyour Payment Method(s), if we suspect the Transaction violates this Agreement.In such instances, Flockke will reverse the Transaction and we are under noobligation to allow you to reinstate a purchase or sale order at the same priceor under the same terms as the cancelled Transaction.

Flockke may use a third-party payment processor to processany payment you make to Flockke. Flockke may add or change any paymentprocessing services at any time. Such services may be subject to additionalterms or conditions. Whether a particular currency or cryptocurrency isaccepted as a payment method by Flockke is in Flockke’s sole discretion andsubject to change at any time.

Flockke may from time to time make availablecertain conditional offers, promotional prices, or discounted fees (each, a “Promotion”)to new or existing users of the Service. The rules governing such Promotionwill be made available in connection with such Promotion. Flockke willdetermine your eligibility for any Promotion in its sole discretion and maychange the terms of or terminate a Promotion at any time, with or without notice to you.

6. Ownership

Unless otherwise indicated in writing by us, the Service andall Content and other materials contained therein, including, withoutlimitation, the Flockke logo, are the proprietary property of Flockke or ouraffiliates, licensors or users, as applicable.Notwithstanding anything to the contrary in this Agreement,the Service and Content may include software components provided by Flockke orits affiliates or a third party that are subject to separate license terms, inwhich case those license terms will govern such software components.The Flockke logo and any Flockke product or service names,logos or slogans that may appear on the Service are trademarks of Flockke orour affiliates and may not be copied, imitated or used, in whole or in part,without our prior written permission. You may not use any metatags or other“hidden text” utilizing “Flockke,” or any other name, trademark or product orservice name of Flockkeor our affiliates without our prior written permission. Inaddition, the look and feel of the Service and Content, including, withoutlimitation, all page headers, custom graphics, button icons and scripts,constitute the service mark, trademark or trade dress of Flockke and may not becopied, imitated or used, in whole or in part, without our prior writtenpermission. All other trademarks, registered trademarks, product names andother names or logos mentioned on the Service are the property of theirrespective owners and may not be copied, imitated or used, in whole or in part,without the permission of the applicable trademark holder. Reference to anyproducts, services, processes or other information by name, trademark,manufacturer, supplier or otherwise does not constitute or imply endorsement,sponsorship or recommendation by Flockke.

7. License to Our Service and ContentYou are hereby granted a limited, revocable, nonexclusive,nontransferable, non- assignable, non-sublicensable, “as-is” license to accessand use the Service and Content for your own personal, non-commercial use;provided, however, that such license is subject to this Agreement and does notinclude any right to (i) sell, resell, or use commercially the Service orContent, (ii) distribute, publicly perform, or publicly display any Content,(iii) modify or otherwise make any derivative uses of the Service or Content,or any portion thereof, (iv) use any data mining, robots, or similar datagathering or extraction methods, (v) download (other than page caching) anyportion of the Service or Content, except as expressly permitted by us, and(vi) use the Service or Content other than for their intended purposes. Thislicense is subject to your compliance with the Acceptable Use Policy set forthin Section 10 below.You are granted a limited, nonexclusive, nontransferableright to create a text hyperlink to the Service for noncommercial purposes,provided that such link does not portray Flockke or our affiliates or any ofour Services, Content, products or services in a false, misleading, derogatoryor otherwise defamatory manner, and provided further that the linking site doesnot contain any adult or illegal material or any material that is offensive,harassing or otherwise objectionable in Flockke’s sole discretion. This limitedright may be revoked at any time. You may not use a logo or other proprietarygraphic of Flockke to link to the Service or Content without our expresswritten permission. Further, you may not use, frame or utilize framingtechniques to enclose any Flockke trademark, logo or other proprietaryinformation, including the images found on the Service, the content of any textor the layout or design of any page, or form contained on a page, on theService without our express written consent.Flockke may from time-to-time change or discontinue any orall aspects or features of the Service, including by deactivating or deletingAccounts that Flockke in its sole discretion determines have been abandoned. Insuch events, you may no longer be able to access, interact with or, read thedata from the Service.

8. Third-Party Services; Third-Party TermsThe Service may contain links to third-party properties (“Third-PartyProperties”) and applications (“Third-Party Applications”). When youclick on a link to a Third-Party Property or Third-Party Application, you aresubject to the terms and conditions (including privacy policies) of anotherproperty or application. Such Third-Party Properties and Third-PartyApplications and are not under the control of Flockke. Flockke is notresponsible for any Third-Party Properties or Third- Party Applications. Flockkeprovides links to these Third-Party Properties and Third-Party Applicationsonly as a convenience and does not review, approve, monitor, endorse, warrant,or make any representations with respect to Third-Party Properties orThird-Party Applications, or their products or services. You use all links inThird-Party Properties, and Third-Party Applications at your own risk. When youleave our Service, this Agreement and our terms and policies no longer govern.You should review all applicable agreements and policies, including privacy anddata gathering practices, of any Third-Party Properties or Third-PartyApplications, and should make whatever investigation you feel necessary orappropriate before proceeding with any transaction with any third party.The Service and Content may include components, includingsoftware components, that are provided by a third party and that are subject toseparate license terms, in which case those license terms will govern youraccess to and use of such components. For example, when you click to get moredetails about a Digital Collectible, you may see a link to the Third-PartyProperty from which such Digital Collectible originated. Our Service and/or anyThird-Party Property may include terms governing the use of such DigitalCollectible, including license terms. In the event you purchase such DigitalCollectible through our marketplace, you are required to comply with the termsthat govern such Digital Collectible, which may be different from thisAgreement.

9. Acceptable Use PolicyYou agree that you are solely responsible for your conductwhile participating in the purchase or sale of Digital Collectibles orotherwise accessing or using the Service. You agree that you will abide by thisAgreement and will not:• Provide false or misleading information to Flockke;Use or attempt to use another user’s Account withoutauthorization from such user and Flockke;Pose as another person or create a misleading username;Circumvent or attempt to circumvent any limitations orrestrictions placed on Promotions offered by Flockke;Use the Service in any manner that could interfere with,disrupt, negatively affect or inhibit other users from fully enjoying theService, or that could damage, disable, overburden or impair the functioning ofthe Service in any manner;Develop, utilize, or disseminate any software, or interactwith any API in any manner, that could damage, harm, or impair the Service;Reverse engineer any aspect of the Service, or do anythingthat might discover source code or bypass or circumvent measures employed toprevent or limit access to any service, area, or code of the Service;Attempt to circumvent any content-filtering techniques weemploy, or attempt to access any feature or area of the Service that you arenot authorized to access;Use any robot, spider, crawler, scraper, script, browserextension, offline reader, or other automated means or interface not authorizedby us to access the Service, extract data or otherwise interfere with or modifythe rendering of Service pages or functionality;Collect or harvest data from our Service that would allowyou to contact individuals, companies, or other persons or entities, or use anysuch data to contact such entities;Use data collected from our Service for any direct marketingactivity (including without limitation, email marketing, SMS marketing,telemarketing, and direct marketing);Bypass or ignore instructions that control all automatedaccess to the Service;Use the Service for any illegal or unauthorized purpose, orengage in, encourage, or promote any activity that violates any applicable lawor this Agreement;Use the Service to carry out any illegal activities inconnection with or in any way related to your access to and use of the Service,including but not limited to money laundering, terrorist financing ordeliberately engaging in activities designed to adversely affect the performanceof the Service;Engage in or knowingly facilitate any “front-running,” “washtrading,” “pump and dump trading,” “ramping,” “cornering” or fraudulent,deceptive or manipulative trading activities, including: trading     a Digital Collectible at successively lower or higher prices for the     purpose of creating or inducing a false, misleading or artificial     appearance of activity in such Digital Collectible, unduly or improperly     influencing the market price for suchDigital Collectible or establishing a price which does notreflect the true state of the market in such Digital Collectible; for     the purpose of creating or inducing a false or misleading appearance of     activity in a Digital Collectible or creating or inducing a false or     misleading appearance with respect to the market in a Digital Collectible: (A)     executing or causing the execution of any Transaction in a Digital Collectible which     involves no material change in the beneficial ownership thereof; or (B)     entering any order for the purchase or sale of a Digital Collectible with     the knowledge that an order of substantially the same size, and at     substantially the same price, for the sale of such DIGITAL COLLECTIBLE,     has been or will be entered by or for the same or different parties; or participating     in, facilitating, assisting or knowingly transacting with any pool,     syndicate or joint account organized for the purpose of unfairly or     deceptively influencing the market price of a Digital Collectible; Use     the Service to purchase, acquire, store, sell, or otherwise transfer any DIGITAL     COLLECTIBLE that violates our DIGITAL COLLECTIBLE Content Policy; Use     the Service to carry out any financial activities subject to registration     or licensing, including but not limited to using the Service to transact     in securities, commodities futures, trading of commodities on a leveraged,     margined or financed basis, binary options (including prediction-market     transactions), real estate or real estate leases, equipment leases, debt     financings, equity financings or other similar transactions; or Use     the Service to participate in or facilitate fundraising subject to     regulation for a business, protocol, or platform, including but not     limited to creating, listing, or buying assets that (i) are redeemable for     financial instruments, (ii) give owners rights to participate in an ICO or     any securities offering, or (iii) entitle owners to financial rewards,     including but not limited to, DeFi yield bonuses, staking bonuses, and burn     discounts.For the avoidance of doubt, you represent and warrant thatthe Digital Collectibles you purchase, sell or otherwise use through our theService are pure “utility” in nature, and bear no resemblance to a security asmay currently be defined by law or regulation, in neither form nor function;specifically, the transactions to be performed through the Service will notconstitute an “investment contract”, and thus they would fail the “Howey Test”as set forth in SEC v. W.J. Howey Co, 328 U.S. 293 (1946) so that the DigitalCollectibles are not considered securities under any circumstances.

10. InvestigationsIf Flockke becomes aware of any possible violations by youof this Agreement, Flockke reserves the right to investigate such violations. If,as a result of theinvestigation, Flockke believes that any illicit orotherwise criminal activity may have occurred, Flockke reserves the right torefer the matter to, and to cooperate with, any and all applicable legalauthorities. Flockke is entitled, except to the extent prohibited by applicablelaw, to disclose any information or materials on or in the Service, includingContent, in Flockke’s possession in connection with your use of the Service, to(i) comply with applicable laws, legal process or governmental request; (ii)enforce this Agreement, (iii) respond to any claims that Content violates therights of third parties, (iv) respond to your requests for customer service, or(v) protect the rights, property or personal safety of Flockke, its users, orthe public, and all law enforcement or other government officials, as Flockkein its sole discretion believes to be necessary or appropriate. By agreeing tothis Agreement, you hereby provide your irrevocable consent to such monitoring.You acknowledge and agree that you have no expectation of privacy concerningyour use of the Service, including without limitation text, voice, or videocommunications.

11. ReleaseYou hereby release and forever discharge Flockke and ouraffiliates, officers, employees, agents, successors, and assigns (the “FlockkeEntities”) from, and hereby waive and relinquish, each and every past,present and future dispute, claim, controversy, demand, right, obligation,liability, action and cause of action of every kind and nature (includingpersonal injuries, death, and property damage), that has arisen or arisesdirectly or indirectly out of, or that relates directly or indirectly to, theService (including any interactions with, or act or omission of, other users ofthe Service or any Third-Party Properties). YOU HEREBY WAIVE CALIFORNIA CIVILCODE SECTION 1542, OR ANY SIMILAR LAW OR RULE OF ANY OTHER JURISDICTION, WHICHSTATES IN SUBSTANCE: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THECREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HERFAVOR 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 ORRELEASED PARTY.”

12. Assumption of Risk Related To Digital CollectiblesYou acknowledge and agree that: The     prices of digital assets are extremely volatile. Fluctuations in the price     of other digital assets could materially and adversely affect the Digital     Collectibles, which mayalso be subject to significant price volatility. We cannotand do not guarantee that any Digital Collectibles will not lose value. You     are solely responsible for determining what, if any, taxes apply to     Transactions involving your Digital Collectibles. Neither Flockke nor any     of the Flockke Entities is responsible for determining the taxes that may     apply to Transactions involving Digital Collectibles. Digital     Collectibles exist and can be transferred only by virtue of the ownership     record maintained on the blockchain supporting such Digital Collectibles. There     are risks associated with using digital currency and digital assets,     including but not limited to, the risk of hardware, software and Internet     connections, the risk of malicious software introduction, and the risk     that third parties may obtain unauthorized access to information stored     within your Account. The     legal and regulatory regime governing blockchain technologies,     cryptocurrencies, and tokens is uncertain, and new regulations or policies     may materially adversely affect the development of the Service and the     utility of Digital Collectibles. There     are risks associated with purchasing Digital Collectibles, including but     not limited to, the risk of purchasing counterfeit assets, mislabeled     assets, assets that are vulnerable to metadata decay, assets on smart     contracts with bugs, and assets that may become untransferable. Flockke     reserves the right to hide Digital Collectibles that Flockke suspects or     believes may violate this Agreement. In such case, Digital Collectibles     you purchase may become inaccessible on the Service. Under no     circumstances shall the inability to access or view your Digital     Collectibles on the Service serve as grounds for a claim against Flockke. Flockke     has no responsibility for the Digital Collectibles purchased or stored     through the Service. Flockke does not investigate and cannot guarantee or     warrant the authenticity, originality, uniqueness, marketability, legality     or value of any DIGITAL COLLECTIBLE. Flockke     makes no representation, guarantee, or warranty of the authenticity or     legality of any DIGITAL COLLECTIBLE or any Original Offeror.

13. IndemnificationTo the fullest extent permitted by applicable law, you agreeto indemnify, defend, and hold harmless Flockke and the Flockke Entities fromand against all actual or alleged third party claims, damages, awards,judgments, losses, liabilities, obligations, penalties, interest, fees,expenses (including, without limitation, attorneys’ fees and expenses) andcosts (including, without limitation, court costs, costs of settlement, andcosts of or associated with pursuing indemnification and insurance), of everykind and nature whatsoever arising out of or related to this Agreement or youruse of the Service, whether known or unknown, foreseen or unforeseen, maturedor unmatured, or suspected or unsuspected, in law or equity, whether in tort,contract or otherwise (collectively, “Claims”), including, but notlimited to, damages to property or personal injury, that are caused by, ariseout of or are related to (a) your use or misuse of the Service, Content or DigitalCollectibles, including, without limitation, any act or omission involving anythird party in connection with the purchase, storage, or withdrawal of any DigitalCollectibles hereunder; (b) any feedback you provide; (c) your violation ofthis Agreement; (d) your violation of the rights of any third party, includinganother user; (e) any breach or non-performance of any covenant or agreementmade by you; or (f) the purchase, storage, or withdrawal of any DigitalCollectibles. You agree to promptly notify Flockke of any third-party Claimsand cooperate with the Flockke Entities in defending such Claims. You furtheragree that the Flockke Entities shall have control of the defense or settlementof any third-party Claims. THIS INDEMNITY IS IN ADDITION TO, AND NOT IN LIEUOF, ANY OTHER INDEMNITIES SET FORTH IN A SEPARATE WRITTEN AGREEMENT BETWEEN YOUAND FLOCKKE.

14. DisclaimersTHE SERVICE AND CONTENT CONTAINED THEREIN ARE PROVIDED ON AN“AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND,EITHER EXPRESS OR IMPLIED. FLOCKKE (AND ITS SUPPLIERS) MAKE NO WARRANTY THATTHE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON ANUNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE,RELIABLE, COMPLETE, LEGAL, OR SAFE. FLOCKKE DISCLAIMS ALL OTHER WARRANTIES ORCONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE, AND NON-INFRINGEMENT AS TO THE SERVICE OR ANY CONTENT CONTAINED THEREIN.FLOCKKE DOES NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICE ISACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WEWILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN INRELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE FLOCKKEATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE AND CONTENT SAFE, FLOCKKECANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, OR ANY DIGITALCOLLECTIBLE LISTED ON OUR SERVICE OR OUR SERVERS ARE FREE OF VIRUSES OR OTHERHARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOUDISCLOSE ONLINE. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDINGINFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD USRESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSSESYOU SUSTAIN AS A RESULT OF YOUR USE OF THE SERVICE. WE TAKE NO RESPONSIBILITYFOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF ITEMS, INCLUDING BUT NOTLIMITED TO ANY LOSSES, DAMAGES OR CLAIMS ARISING FROM: (I) USER ERROR SUCH ASFORGOTTEN PASSWORDS, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPEDADDRESSES; (II) SERVER FAILURE OR DATA LOSS; (III) CORRUPTED DIGITAL WALLETFILES; (IV) UNAUTHORIZED ACCESS TO APPLICATIONS; OR (V) ANY UNAUTHORIZED THIRDPARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING,BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE OR ITEMS.DIGITAL COLLECTIBLES ARE INTANGIBLE DIGITAL ASSETS. THEYEXIST ONLY BY VIRTUE OF THE OWNERSHIP RECORD MAINTAINED IN THE BLOCKCHAINNETWORK. ANY TRANSFER OF TITLE THAT MIGHT OCCUR IN ANY UNIQUE DIGITAL ASSETOCCURS ON THE DECENTRALIZED LEDGER WITHIN THE BLOCKCHAIN PLATFORM. WE DO NOTGUARANTEE THAT FLOCKKE OR ANY FLOCKKE ENTITY CAN EFFECT THE TRANSFER OF TITLEOR RIGHT IN ANY DIGITAL COLLECTIBLES. WE CANNOT AND DO NOT GUARANTEE THAT ANY DIGITALCOLLECTIBLE WILL HAVE OR RETAIN ANY INHERENT VALUE, OR THAT YOU WILL BE ABLE TOSELL OR RESELL ANY DIGITAL COLLECTIBLE PURCHASED THROUGH THE SERVICE.Flockke is not responsible for any losses or harms sustainedby you due to vulnerability or any kind of failure, abnormal behavior ofsoftware (e.g., smartcontract), blockchains, or any other features of or inherentto the Digital Collectibles. Flockke is not responsible for casualties due toany delay or failure to report any issues with any blockchain supporting DigitalCollectibles, including without limitation forks, technical node issues, or anyother issues that result in losses of any sort.Nothing in this Agreement shall exclude or limit liabilityof either party for fraud, death or bodily injury caused by negligence,violation of laws, or any other activity that cannot be limited or excludedunder the laws applicable to your jurisdiction. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS, SO THE ABOVEEXCLUSION MAY NOT APPLY TO YOU.

15. Limitation of LiabilityTO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FLOCKKEBE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT,CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROMTHIS AGREEMENT, THE SERVICE, ANY ITEMS, OR FOR ANY DAMAGES RELATED TO LOSS OFREVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE,LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF FLOCKKEHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THESERVICE IS UNDERTAKEN BY YOU AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BESOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE ORLOSS OF DATA RESULTING THEREFROM.NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF FLOCKKE ARISING OUT OF ORIN ANY WAY RELATED TO THIS AGREEMENT, YOUR ACCESS TO AND USE OF THE SERVICE,CONTENT (INCLUDING YOUR CONTENT), OR ANY DIGITAL COLLECTIBLES PURCHASED,STORED, OR WITHDRAWN THROUGH THE SERVICE EXCEED THE GREATER OF (A)$100 OR (B) THE AMOUNT RETAINED BY FLOCKKE IN THETRANSACTION OR INCIDENT THAT IS THE SUBJECT OF THE CLAIM.Some jurisdictions do not allow the exclusion or limitationof incidental or consequential damages, so the above limitation or exclusionmay not apply to you.

16. Dispute Resolution; Arbitration.Please read the arbitration agreement in this Section(“Arbitration Agreement”) carefully. It contains procedures for MANDATORYBINDING ARBITRATION AND A CLASS ACTION WAIVER.Applicability of Arbitration Agreement. You agree that anydispute, claim, or request for relief relating in any way to your access or useof the Service, to any products sold or distributed through the Service, to anyDigital Collectibles, or to any aspect of your relationship with Flockke, willbe resolved by binding arbitration, rather than in court, except that (i) youmay assert claims or seek relief in small claims court if your claims qualify;and (ii) you or Flockke may seek equitable relief in court for infringement orother misuse of intellectual property rights (such as trademarks, trade dress,domain names, trade secrets, copyrights, and patents). This ArbitrationAgreement shall apply, without limitation, to all disputes or claims andrequests for relief that arose or were asserted before the effective date ofthis Agreement or any prior version of this Agreement.Arbitration Rules and Forum. The Federal Arbitration Actgoverns the interpretation and enforcement of this Arbitration Agreement. Tobegin an arbitration proceeding, you must send a letter requesting arbitrationand describing your dispute or claim or request for relief to us at legal@flockke.xyz.The arbitration will be conducted by JAMS, an established alternative disputeresolution provider. Disputes involving claims, counterclaims, or request forrelief under $250,000, not inclusive of attorneys’ fees and interest, shall besubject to JAMS’s most current version of the Streamlined Arbitration Rules andprocedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; allother disputes shall be subject to JAMS’s most current version of theComprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’srules are also available at www.jamsadr.com or bycalling JAMS at 800- 352-5267. If JAMS is not available to arbitrate, theparties will select an alternative arbitral forum. If the arbitrator finds thatyou cannot afford to pay JAMS’s filing, administrative, hearing and/or otherfees and cannot obtain a waiver from JAMS, Flockke will pay them for you. Inaddition, we will reimburse all such JAMS’s filing, administrative, hearingand/or other fees for disputes, claims, or requests for relief totaling lessthan $10,000 unless the arbitrator determines the claims are frivolous. You maychoose to have the arbitration conducted by telephone, based onwritten submissions, or in person in the country where youlive or at another mutually agreed location. Any judgment on the award renderedby the arbitrator may be entered in any court of competent jurisdiction.Authority of Arbitrator. The arbitrator shall have exclusiveauthority to (i) determine the scope and enforceability of this ArbitrationAgreement and (ii) resolve any dispute related to the interpretation,applicability, enforceability or formation of this Arbitration Agreementincluding, but not limited to, any assertion that all or any part of thisArbitration Agreement is void or voidable. The arbitrator will decide therights and liabilities, if any, of you and us. The arbitration proceeding willnot be consolidated with any other matters or joined with any other cases orparties. The arbitrator shall have the authority to grant motions dispositiveof all or part of any claim. The arbitrator shall have the authority to awardmonetary damages and to grant any non-monetary remedy or relief available to anindividual under applicable law, the arbitral forum’s rules, and this Agreement(including the Arbitration Agreement). The arbitrator shall issue a writtenaward and statement of decision describing the essential findings andconclusions on which the award is based, including the calculation of anydamages awarded. The arbitrator has the same authority to award relief on anindividual basis that a judge in a court of law would have. The award of thearbitrator is final and binding upon you and us.Waiver of Jury Trial. YOU AND FLOCKKE HEREBY WAIVE ANYCONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT ANDHAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we areinstead electing that all disputes, claims, or requests for relief shall beresolved by arbitration under this Arbitration Agreement, except as specifiedin Section 17.a (Application of Arbitration Agreement) above. An arbitrator canaward on an individual basis the same damages and relief as a court and mustfollow this Agreement as a court would. However, there is no judge or jury inarbitration, and court review of an arbitration award is subject to verylimited review.Waiver of Class or Other Non-Individualized Relief. ALLDISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATIONAGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS ORCOLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THANONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANYOTHER CUSTOMER OR USER. If a decision is issued stating thatapplicable law precludes enforcement of any of this section’s limitations as toa given dispute, claim, or request for relief, then such aspect must be severedfrom the arbitration andbrought into the State or Federal Courts located in theState of New York. All other disputes, claims, or requests for relief shall bearbitrated.30-Day Right to Opt Out. You have the right to opt out ofthe provisions of this Arbitration Agreement by sending written notice of yourdecision to opt out to legal@flockke.xyz within thirty (30) days after firstbecoming subject to this Arbitration Agreement. Your notice must include yourname and address, your username (if any), and an unequivocal statement that youwant to opt out of this Arbitration Agreement. If you opt out of thisArbitration Agreement, all other parts of this Agreement will continue to applyto you. Opting out of this Arbitration Agreement has no effect on any otherarbitration agreements that you may currently have, or may enter in the future,with us.Severability. Except as provided in Section 17.e (Waiver ofClass or Other Non- Individualized Relief), if any part or parts of thisArbitration Agreement are found under the law to be invalid or unenforceable,then such specific part or parts shall be of no force and effect and shall be severedand the remainder of the Arbitration Agreement shall continue in full force andeffect. Survival of Agreement. This Arbitration Agreement will survive thetermination of your relationship with us.Modification. Notwithstanding any provision in thisAgreement to the contrary, we agree that if we make any future material changeto this Arbitration Agreement, you may reject that change within thirty (30)days of such change becoming effective by writing us at legal@flockke.xyz andexpressly opting out of this Arbitration Agreement.

17. GeneralWe reserve the right in our sole discretion to modify,suspend, or discontinue the Service, or any features or parts thereof, whethertemporarily or permanently, at any time with or without notice to you in oursole discretion. this Agreement, and your access to and use of the Service,shall be governed by and construed and enforced in accordance with the laws ofNew York, without regard to any conflict of law rules or principles that wouldcause the application of the laws of any other jurisdiction. Any disputebetween the parties that is not subject to arbitration or cannot be heard insmall claims court, shall be resolved in the state or federal courts of NewYork, New York. Notwithstanding anything contained in this Agreement, wereserve the right, without notice and in our sole discretion, to terminate yourright to access or use the Service at any time and for any or no reason, andyou acknowledge and agree that we shall have no liability or obligation to youin such event and that you willnot be entitled to a refund of any amounts that you havealready paid to us, to the fullest extent permitted by applicable law. Wheneverthe word “including” or any derivative thereof is used herein, it shall beconstrued as if followed by the phrase “without limitation.” If any term,clause or provision of this Agreement is held invalid or unenforceable, thenthat term, clause or provision will be severable from this Agreement and willnot affect the validity or enforceability of any remaining part of that term,clause or provision, or any other term, clause or provision of this Agreement.Your relationship to Flockke is that of an independent contractor, and neitherparty is an agent or partner of the other. this Agreement, and any rights andlicenses granted hereunder, may not be transferred or assigned by you withoutthe prior written consent of Flockke. Flockke’s failure to assert any right orprovision under this Agreement shall not constitute a waiver of such right orprovision. Except as otherwise provided herein, this Agreement are intendedsolely for the benefit of Flockke and you and are not intended to confer thirdparty beneficiary rights upon any other person or entity.

18. Contact Information

Company Name: Flockke Pte. Ltd
Mailing Address:
Flockke Pte. Ltd.,
1 Tampines North Drive 1 #06-08 T-Space
Singapore, 528559
Email:legal@flockke.xyz