Last updated: October 9, 2025

These terms of service, together with any documents and additional terms they incorporate by reference (collectively, these "Terms"), are entered into between Fleek LLC ("Fleek", "we", "us", and "our") and you or the company or other legal entity that you represent ("you" and "your").

These Terms, together with any Modifications (defined below), as well as all policies posted on our website and incorporated by reference herein, set out the terms on which we offer you access to and use of (a) our mobile applications for iOS and Android, (b) the website located at fleek.xyz and all relevant sub-pages associated with the foregoing URL (the "Site"), and (c) any other applications (e.g., web applications), add-ons, tools, services and offerings provided by us that make reference to these Terms, including without limitation, AI models, image generation services, social features, and smart contracts (collectively, the "Services"). These Terms apply whether you are accessing the Services via a personal computer, a wireless or mobile device or any other technology or devices now known or hereafter developed or discovered (each, a "Device").

THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ THEM CAREFULLY.

BY USING OR ACCESSING THE SERVICES IN ANY MANNER, YOU AFFIRM, REPRESENT, AND WARRANT (A) THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH IN THESE TERMS (ALONG WITH ANY MODIFICATIONS), (B) THAT YOU HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT) AND MEET ALL OF THE ELIGIBILITY AND OTHER REQUIREMENTS, (C) THAT YOUR ACCESS AND USE OF THE SERVICES IS PERMITTED BY, AND SHALL NOT VIOLATE, ANY APPLICABLE LAWS, INCLUDING THOSE IN YOUR JURISDICTION.

IF YOU DO NOT AGREE TO THE CURRENT VERSION OF THE TERMS AND/OR ANY MODIFICATIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REFRAIN FROM ACCESSING OR OTHERWISE USING THE SERVICES. YOU FURTHER ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND OUR PRIVACY POLICY.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 22 (Dispute Resolution; Binding Arbitration), you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FLEEK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

If you use the Services on behalf of a company, organization or other entity, then "you" includes you and that entity, and you represent and warrant that (a) you are an authorized representative of the entity with the authority to bind the entity to these Terms, and (b) you agree to these Terms on behalf of the entity.

General

Fleek provides an AI-powered platform that enables users to create, share, and discover AI-generated images, engage with a social feed, upload and share content, and interact with other users through various social features. Our platform includes digital asset functionality, allowing users to trade tokens (including our FLK utility token and creator tokens), send tips and payments to creators, and participate in a token-based creator economy on the Base blockchain.

We provide technical infrastructure that helps users create and share AI-generated content, discover content from other users, build communities around creative expression, and exchange value through blockchain technology. We do not control or moderate all content in real-time, though we employ both automated and manual content moderation systems as described in these Terms. We do not have custody or control over your digital assets or blockchain transactions. To use our token features, you must use the wallet that is automatically generated for your account, which allows you to engage in transactions on the Base blockchain.

We reserve the right to revise these Terms, at any time and from time to time, for any reason in our sole discretion by any written announcement or notice or by publishing updated Terms without advance notice to you (the "Modifications"). These changes become effective immediately and, by continuing to access or use the Services after they become effective, you confirm your acceptance of the Modifications and all of the terms incorporated therein by reference effective as of the date these Modifications. It is your sole responsibility to review the Terms from time to time to view such changes and to ensure that you understand the terms and conditions that apply when you access or use the Services.

Eligibility

2.1. Age Restrictions

You must be at least 13 years of age to use the Services. If you are under 18 but at least 13 years old, you may only use the Services through a parent or guardian's account and with their approval and oversight. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 13 years old; (ii) you have not previously been suspended or removed from the Services; (iii) your registration and your use of the Services is in compliance with any and all applicable laws and regulations; and (iv) if you are the parent or guardian of a user under the age of 18 (a "Minor"), that you are accepting these Terms on behalf of such Minor, authorizing such Minor to use the Services pursuant to the account you've established on the Services, and remain liable for all activities of the Minor arising out of the Minor's use of the Services. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

2.2. Regulatory and Compliance Requirements

By using the Services, you represent and warrant that:

(a) You are not located in, ordinarily resident in, or organized under the laws of any jurisdiction that is subject to a comprehensive U.S. Government embargo ("Embargoed Jurisdiction");

(b) You are not subject to any sanctions administered by an agency of the U.S. Government, any other government, or the United Nations (collectively, "Sanctions");

(c) You are not owned or controlled, directly or indirectly, by any person that is subject to Sanctions, or that is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;

(d) None of your officers, managers, directors, shareholders or authorized representatives is subject to Sanctions, or is located in, ordinarily resident in, or organized under the laws of, any Embargoed Jurisdiction;

(e) Your use of digital assets and token features complies with all applicable laws in your jurisdiction;

(f) You are not using the Services to evade any laws or regulations, including but not limited to tax obligations;

(g) You will not use the Services for money laundering, terrorist financing, or other illicit financial activities.

You further covenant that the foregoing shall be true during the entire period of your use of the Services. If you access or use the Services outside the United States, you are solely responsible for ensuring that your access and use of the Services, including any token transactions, in such country, territory or jurisdiction does not violate any applicable laws.

Access to Our Services

To access certain features of our Services, you must create an account (your "Account"). You may register using your phone number (SMS), email address, or through third-party authentication providers (Google or Apple Sign-In).

Your Account will be associated with a blockchain wallet address that is automatically generated for you as described in Section 4. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, not current, or incomplete.

You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

In order to comply with our legal obligations and keep our users and platform safe, we may need to restrict, suspend, or terminate your access to the Services without prior notice. You acknowledge that we are under no obligation to disclose the details of our decision to take such action with you.

We may require you to provide additional information and documents in certain circumstances, such as at the request of any government authority, as any applicable law or regulation dictates, for Know Your Customer (KYC) or Anti-Money Laundering (AML) compliance, or to investigate a potential violation of these Terms. In such cases, we, in our sole discretion, may disable your Account, freeze your wallet functionality, and block your ability to access the Services until such additional information and documents are processed by Fleek. If you do not provide complete and accurate information in response to such a request, we may refuse to restore your access to the Services.

Your access and use of the Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Services, geographic restrictions, potential violation of these Terms, or other actions that we, in our sole discretion, may elect to take.

Wallets

4.1. Your Wallet

By creating an Account on the Services, a blockchain wallet is automatically generated for you to enable token functionality. You must familiarize yourself with blockchain technology and understand the security protocols necessary to safeguard digital assets. We do not provide a custodial crypto-wallet service and do not at any time have custody, possession, or control over your crypto assets or any other contents in your wallet. The private keys necessary to access the assets held in your wallet are not held by Fleek. You are solely responsible for maintaining the security of your Account, which provides access to your wallet. We are in no way liable for any acts or omissions by you in connection with your wallet or as a result of your wallet being compromised.

4.2. Privy Wallet

When you create an Account, we automatically generate a self-custodial wallet for you through our partnership with Privy, a third-party non-custodial wallet infrastructure provider ("Privy Wallet"). This wallet enables you to:

(a) Hold and manage digital assets including FLK tokens, creator tokens, USDC, and ETH;

(b) Buy, sell, and trade tokens with other users;

(c) Send tips and payments to creators;

(d) Receive payments from other users;

(e) Use digital assets to pay for subscriptions and premium features.

By creating an Account and using the Privy Wallet, you acknowledge and agree that:

(i) You are also subject to Privy's terms of service available at https://www.privy.io/terms-of-service;

(ii) Neither Fleek nor Privy has custody, possession, control, or access to your wallet or any assets contained therein;

(iii) Only you can sign transactions and control your wallet's contents through your Account access;

(iv) Fleek does not have access to or store any passwords, recovery phrases, private keys, passkeys, or any other credentials associated with your Privy Wallet;

(v) You are solely responsible for securing your Account authentication credentials, which provide access to your wallet;

(vi) All blockchain transactions are irreversible once confirmed.

4.3. Wallet Security

You acknowledge and agree that:

(a) You are solely responsible for maintaining the security of your Account and associated wallet;

(b) Fleek cannot recover your wallet or its contents if you lose access to your Account;

(c) You should make contingency plans with respect to your wallet in the event of your death or incapacity, otherwise you (and your executor, guardian, or heirs) may lose access to your wallet and digital assets;

(d) You should never share your Account credentials with anyone;

(e) Fleek will never ask you for your password or authentication credentials outside of the normal login process;

(f) You must immediately notify us of any unauthorized access to your Account.

4.4. Assistance

If you notice any unauthorized or suspicious activity in wallets that are related or linked to the Services, please notify us immediately at support@fleek.xyz. However, Fleek shall have no duty or obligation to assist you in connection with such activity related to a wallet, including if you are unable to locate your Account credentials or recover access to your wallet.

Services and Token Features

5.1. Token Trading and Payments

The Services enable you to engage in various token-related activities:

(a) FLK Token: Buy, sell, and trade FLK tokens, Fleek's native utility token;

(b) Creator Tokens: Buy, sell, and trade creator tokens associated with other users on the platform;

(c) Supported Cryptocurrencies: Trade and transact with USDC and ETH;

(d) Tipping and Payments: Send tips and payments to other creators using supported digital assets;

(e) Receiving Payments: Receive tips and payments from other users;

(f) Platform Payments: Use digital assets to pay for subscriptions and premium features.

5.2. Network and Transaction Details

5.2.1. Base Blockchain

All token transactions on Fleek occur on the Base blockchain network. You acknowledge and understand that:

(a) The Base blockchain is a public, decentralized network not controlled by Fleek;

(b) Blockchain transactions are transparent and publicly viewable;

(c) Once confirmed, blockchain transactions are irreversible;

(d) The Base network may experience congestion or technical issues beyond our control.

5.2.2. Gas-Free Transactions

Fleek covers the gas fees for transactions on the platform. However:

(a) This gas fee coverage may be modified or discontinued at any time with notice;

(b) Transaction limits may apply to prevent abuse;

(c) Abuse of the gas-free feature may result in account restrictions or termination;

(d) We reserve the right to pass gas fees to users in the future.

5.3. Peer-to-Peer Nature of Token Transactions

Transactions involving tokens on the Services are peer-to-peer in nature. As such, Fleek is not party to any agreement between any users. You bear full responsibility for verifying the legitimacy and authenticity of tokens and transactions. To the fullest extent permitted by applicable law, you release Fleek from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and token transactions.

5.4. Creator Tokens

Users may have creator tokens associated with their accounts that other users can buy, sell, and trade. You acknowledge that:

(a) Creator tokens are utility tokens providing platform-specific benefits and social engagement features;

(b) The value and price of creator tokens is subjective, determined by market dynamics, and may fluctuate dramatically;

(c) Creator tokens do not represent ownership, equity, or any rights in the creator, Fleek, or any other entity;

(d) Fleek does not control, set, or guarantee the value of any creator tokens;

(e) Creator token dynamics and trading mechanisms cannot be modified once deployed.

5.5. Smart Contracts

The Services utilize smart contracts deployed on the Base blockchain. You acknowledge and accept:

(a) Smart contracts may contain bugs, vulnerabilities, defects, or errors;

(b) Smart contracts are immutable once deployed and cannot be easily modified or reversed;

(c) Interactions with smart contracts are entirely at your own risk;

(d) Fleek is not responsible for any losses resulting from smart contract vulnerabilities, exploits, or failures;

(e) You should independently verify the functionality of any smart contract before interacting with it.

5.6. Supported Crypto Assets

The crypto assets and tokens supported by the Services are subject to change at our sole discretion and without prior notice. Certain crypto assets or tokens may be restricted from the Services for any reason, including but not limited to user harm prevention, legal and regulatory compliance, and enforcement of these Terms. Existing support for any crypto assets or tokens does not guarantee any continuous support in the future. We reserve the right to discontinue supporting any crypto asset or token with or without notice.

Digital Assets

6.1. AI-Generated Content as Digital Assets

Users can create AI-generated images and content through the Services. While this content is not currently minted as NFTs or tokenized on-chain:

(a) You retain rights to AI-generated content you create, subject to the licenses granted in these Terms;

(b) AI-generated content may be shared, liked, and engaged with through the platform's social features;

(c) Future updates may enable on-chain content features, which would be subject to additional terms.

6.2. Digital Assets Generally - NOT SECURITIES

TOKENS ARE INTENDED FOR UTILITY, COMMUNITY ENGAGEMENT, AND PLATFORM FUNCTIONALITY ONLY. THEY ARE NOT INTENDED TO BE A "SECURITY," AS DEFINED UNDER THE SECURITIES ACT OF 1933, AS AMENDED, THE SECURITIES EXCHANGE ACT OF 1934, AS AMENDED, THE INVESTMENT COMPANY ACT OF 1940, AS AMENDED, OR THE SECURITIES LAWS OF ANY U.S. STATE OR OTHER JURISDICTION.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT:

(A) YOU ARE NOT ACQUIRING THE FLK TOKEN OR ANY CREATOR TOKENS FOR INVESTMENT OR SPECULATIVE PURPOSES;

(B) YOU ARE NOT ACQUIRING AN EQUITY INTEREST OR PROFIT-SHARING INTEREST IN FLEEK, ANY CREATOR, OR ANY OTHER INDIVIDUALS OR ENTITIES ASSOCIATED WITH FLEEK;

(C) YOU UNDERSTAND THAT TOKENS MAY HAVE NO VALUE AND MAY DECREASE IN VALUE TO ZERO;

(D) YOU ARE ACQUIRING TOKENS SOLELY FOR THEIR UTILITY WITHIN THE FLEEK PLATFORM FOR SOCIAL ENGAGEMENT, TIPPING, AND ACCESS TO PLATFORM FEATURES;

(E) YOU UNDERSTAND THAT LEGISLATION, REGULATION, OR COURT OPINIONS AT THE STATE, FEDERAL, OR INTERNATIONAL LEVEL MAY ADVERSELY AFFECT YOUR ABILITY TO USE, TRANSFER, OR EXCHANGE THE TOKENS.

6.3. Token Transactions

All token transactions are final and non-refundable. Transaction fees may apply. The value of tokens may increase or decrease based on user engagement, market dynamics, and other factors. Fleek does not control and is not responsible for token values and makes no guarantee, express or implied, of their value. You may not use, acquire, sell, or distribute tokens except through the Services and except as expressly allowed by Fleek under these Terms.

6.4. Risk Acknowledgment

You acknowledge and accept all risks associated with digital assets, including but not limited to:

(a) Extreme price volatility and potential total loss of value;

(b) Regulatory changes that may affect token utility or legality;

(c) Technical vulnerabilities in blockchain networks or smart contracts;

(d) Loss of tokens due to user error, lost credentials, or sending to incorrect addresses;

(e) Hacking, phishing, and other malicious activities;

(f) Market manipulation by other users;

(g) Lack of liquidity for certain tokens;

(h) Technology failures or network disruptions.

Content and User Conduct

7.1. User Content

For purposes of these Terms, "Content" means all works of authorship of any kind, including text, graphics, images (whether uploaded by you or generated using our AI tools), videos, audio, and any other materials that are posted, provided or otherwise made available through the Services.

"User Content" means any Content that you submit, upload, publish, store, broadcast, or otherwise transmit to or through the Services. You retain all rights in, and are solely responsible for, the User Content you post to the Services.

7.2. License Grant to Fleek

By submitting, uploading, publishing, or otherwise making available User Content to or through the Services, you grant us a non-exclusive, unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform, make available, create derivative works from, retransmit, and otherwise exploit and use all or any part of such User Content by any means and through any media and formats, whether now known or hereafter developed, for the purposes of: (i) providing, operating, and improving the Services; (ii) training and improving our AI models and algorithms; (iii) displaying and sharing your User Content to other users of the Services; (iv) advertising, marketing and promoting Fleek and the Services; and (v) complying with our legal obligations.

7.3. User Content Representations and Warranties

You represent and warrant that your User Content and our use of such content as permitted by these Terms will not violate any rights of or cause injury to any person or entity. By providing User Content via the Services, you affirm, represent, and warrant to us that:

(a) You are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Fleek and users of the Services to use and distribute your User Content as necessary;

(b) Your User Content does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any intellectual property, privacy, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Fleek to violate any law or regulation;

(c) Your User Content is not and will not be in violation of applicable law and could not be deemed by a reasonable person to be harassing, threatening, hateful, or objectionable.

7.4. Content Moderation and Safety

We employ multiple layers of content moderation to maintain a safe environment:

7.4.1. AI-Powered Filtering

We use automated AI-powered content filtering systems to prevent the generation and distribution of objectionable content, including but not limited to content that is pornographic, violent, hateful, discriminatory, or otherwise violates these Terms.

7.4.2. User Reporting

Users can report inappropriate content or behavior through our in-app reporting feature. We are committed to reviewing and taking action on all reports within 24 hours.

7.4.3. Blocking Features

Users can block other users to prevent seeing their content and to prevent blocked users from interacting with them.

7.4.4. Content Removal

We reserve the right to remove, disable access to, or refuse to display any User Content that we determine, in our sole discretion, violates these Terms or is otherwise objectionable. Content that violates these Terms will be removed and the user who provided the offending content may be ejected from the Services.

7.4.5. Account Actions

Users who repeatedly violate these Terms or post objectionable content will have their accounts suspended or permanently terminated. We may also freeze wallet functionality for accounts under investigation.

7.5. Zero Tolerance Policy

We have zero tolerance for objectionable content or abusive users. By using the Services, you acknowledge and agree that:

(a) There is no tolerance for objectionable content including but not limited to content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, or otherwise objectionable;

(b) We will act on objectionable content reports within 24 hours by removing the content and may eject the user who provided the offending content;

(c) Multiple violations or severe violations may result in immediate and permanent account termination without prior notice.

Prohibited Activities

You may not access or use the Services for any purpose other than that for which we make the Services available. Accounts engaging in any prohibited activities may be subject to immediate suspension or termination, including permanent deletion of the account and freezing of wallet functionality. As a user of the Services, you agree not to:

8.1. Content Violations

(a) Upload, post, or generate content that violates any applicable laws or regulations;

(b) Create, upload, or distribute content that infringes, violates, or misappropriates any third-party intellectual property rights;

(c) Generate or distribute harmful, defamatory, obscene, pornographic, or illegal content;

(d) Create or share content depicting minors in any inappropriate, harmful, or sexualized manner;

(e) Generate content that promotes violence, terrorism, or extremist ideologies;

(f) Create deepfakes or other manipulated media intended to deceive, defraud, or harm others.

8.2. Behavioral Violations

(a) Harass, threaten, intimidate, or bully other users;

(b) Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation;

(c) Use the Services to engage in any illegal activities, including fraud, money laundering, or terrorist financing;

(d) Collect or attempt to collect personal information about other users without their consent;

(e) Create multiple accounts to circumvent restrictions or bans.

8.3. Token and Financial Violations

(a) Manipulate or attempt to manipulate token prices through wash trading, pump and dump schemes, or other deceptive practices;

(b) Use bots or automated systems to trade tokens without authorization;

(c) Exploit any vulnerabilities in our smart contracts or systems;

(d) Use the Services to evade taxes or other legal obligations;

(e) Engage in any activity that could be considered market manipulation;

(f) Use the Services in violation of any applicable securities laws.

8.4. Technical Violations

(a) Circumvent, disable, or otherwise interfere with security-related features of the Services;

(b) Use any robot, spider, crawler, scraper, or other automated means to access the Services without permission;

(c) Attempt to gain unauthorized access to any portion of the Services, wallets, or connected systems;

(d) Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code;

(e) Interfere with or disrupt the Services or servers or networks connected to the Services;

(f) Exceed any rate limits or usage restrictions.

AI-Generated Content

9.1. Nature of AI Content

The Services include AI-powered features that can generate images and other content based on user inputs. You acknowledge that:

(a) AI-generated content may not always be accurate, appropriate, or meet your expectations;

(b) AI systems may produce unexpected or unintended results;

(c) We do not guarantee the quality, accuracy, or appropriateness of any AI-generated content;

(d) AI-generated content should not be relied upon for critical decisions without independent verification.

9.2. Ownership of AI-Generated Content

Subject to the rights of third parties and these Terms:

(a) You own any AI-generated content that you create using the Services, provided that your prompts and inputs do not violate these Terms;

(b) You are responsible for ensuring that your use of AI-generated content complies with all applicable laws and does not infringe any third-party rights;

(c) We retain the right to use AI-generated content to improve our Services and AI models as described in Section 7.2.

9.3. Restrictions on AI Use

You agree not to use our AI features to:

(a) Generate content that violates these Terms or any applicable laws;

(b) Create misleading or deceptive content intended to harm others;

(c) Bypass or attempt to bypass our content filters or safety measures;

(d) Generate content for commercial purposes unless authorized.

Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services, you consent to the collection and use of this information as set forth in the Privacy Policy.

Third-Party Services

11.1. Third-Party Links and Content

The Services may contain links to third-party websites, applications, or resources. We provide these links only as a convenience and are not responsible for the content, products, or services available from these third-party resources. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party resources.

11.2. Third-Party Service Providers

We use various third-party service providers to help us provide the Services, including but not limited to:

(a) Privy for wallet infrastructure (subject to Privy's terms of service);

(b) Base blockchain for token transactions and smart contracts;

(c) Cloud hosting and storage providers;

(d) Communication providers (such as Twilio for SMS/MMS);

(e) Analytics providers;

(f) AI model providers.

Your use of the Services may be subject to the terms and privacy policies of these third-party providers. In particular, your use of wallet features is subject to Privy's terms of service, and your blockchain transactions occur on the Base network which is a public, decentralized blockchain not controlled by Fleek.

Messaging and Communications

12.1. Electronic Communications

By using the Services, you consent to receive electronic communications from us, including emails, push notifications, and SMS/text messages. These communications may include:

(a) Account-related notifications;

(b) Service updates and announcements;

(c) Marketing and promotional messages (subject to your opt-out preferences);

(d) Security alerts and important notices;

(e) Transaction confirmations.

12.2. SMS/MMS Program Terms

We may use Twilio and other service providers to send you automated SMS/MMS messages related to your account or the Services:

(a) Message frequency may vary;

(b) Message and data rates may apply;

(c) You can opt out by replying STOP to any message;

(d) Text HELP for help;

(e) We are not responsible for delayed or undelivered messages.

Payments and Subscriptions

13.1. Fees

Certain features of the Services may require payment of fees. You agree to pay all fees associated with your use of paid features as described at the time of purchase. All fees are non-refundable except as expressly stated in these Terms or required by law.

13.2. Crypto Payments

We accept payment in supported digital assets including FLK tokens, USDC, ETH, and other cryptocurrencies we may designate. By making payments using digital assets:

(a) You acknowledge that cryptocurrency transactions are irreversible;

(b) You are responsible for ensuring you send the correct amount to the correct address;

(c) Price conversions and exchange rates may fluctuate;

(d) We are not responsible for any losses due to user error in payment transactions.

13.3. Subscriptions

If you purchase a subscription to the Services:

(a) Subscriptions may be paid using supported digital assets;

(b) Subscription renewals will be processed automatically unless canceled;

(c) You may cancel your subscription at any time through your account settings;

(d) Cancellation will take effect at the end of the current billing period;

(e) We reserve the right to modify subscription pricing with notice to you;

(f) Refunds for partial subscription periods are not available.

Intellectual Property Rights

14.1. Fleek's Rights

The Services and all content provided by Fleek, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, smart contracts, and AI models, are the property of Fleek or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

14.2. Limited License to Use Services

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use (unless you have a commercial license).

14.3. Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Services ("Feedback"), you grant us an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to use the Feedback in any manner and for any purpose, including to improve the Services and create other products and services.

Copyright Policy

15.1. DMCA Compliance

We respect the intellectual property rights of others and expect users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA") and other applicable laws.

15.2. Notification of Claimed Infringement

If you believe that Content on the Services infringes your copyright, please send a written notification to our Designated Agent:

Fleek LLC

Attn: DMCA Agent

Email: dmca@fleek.xyz

Your notification must include:

(a) A physical or electronic signature of the copyright owner or authorized representative;

(b) Identification of the copyrighted work claimed to be infringed;

(c) Identification of the material claimed to be infringing and information sufficient to locate it;

(d) Your contact information;

(e) A statement that you have a good faith belief that the use is not authorized;

(f) A statement under penalty of perjury that the information is accurate and you are authorized to act on behalf of the copyright owner.

15.3. Repeat Infringers

We will terminate the accounts of users who are determined to be repeat infringers.

Indemnification

You agree to indemnify, defend, and hold harmless Fleek and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to:

(a) Your use or misuse of the Services;

(b) Your violation of these Terms;

(c) Your violation of any rights of another party;

(d) Your User Content;

(e) Any AI-generated content you create using the Services;

(f) Your token transactions or digital asset activities;

(g) Your violation of any applicable laws or regulations.

Disclaimers; No Warranties

17.1. "AS IS" BASIS

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SERVICES.

17.2. NO WARRANTY

WE DO NOT WARRANT THAT:

(a) THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE;

(b) ANY DEFECTS OR ERRORS WILL BE CORRECTED;

(c) ANY CONTENT OR INFORMATION YOU OBTAIN THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE;

(d) AI-GENERATED CONTENT WILL BE ACCURATE, APPROPRIATE, OR SUITABLE FOR ANY PARTICULAR PURPOSE;

(e) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

17.3. BLOCKCHAIN AND WALLET DISCLAIMER

YOU UNDERSTAND THAT SMART CONTRACT TRANSACTIONS AUTOMATICALLY EXECUTE AND SETTLE, AND THAT BLOCKCHAIN-BASED TRANSACTIONS ARE IRREVERSIBLE WHEN CONFIRMED. YOU ACCEPT AND ACKNOWLEDGE THAT THERE ARE RISKS ASSOCIATED WITH HOLDING OR USING TOKENS OR USING ANY BLOCKCHAIN NETWORKS, INCLUDING BUT NOT LIMITED TO:

(a) THE RISK OF LOSING ACCESS TO YOUR WALLET DUE TO LOSS OF ACCOUNT CREDENTIALS;

(b) THE RISK OF UNKNOWN VULNERABILITIES IN THE TOKEN SMART CONTRACT CODE OR THE NETWORK PROTOCOL;

(c) THE RISK OF HACKING, PHISHING, OR OTHER MALICIOUS ACTIVITIES;

(d) THE RISK OF REGULATORY CHANGES AFFECTING TOKEN UTILITY OR LEGALITY;

(e) THE RISK OF EXTREME PRICE VOLATILITY OR TOTAL LOSS OF VALUE.

YOU ACKNOWLEDGE AND ACCEPT ALL SUCH RISKS AND RELEASE US FROM ALL LIABILITY.

17.4. NO CUSTODY OR CONTROL

WE DO NOT HAVE CUSTODY OR CONTROL OVER YOUR WALLET OR ANY DIGITAL ASSETS, AND WE DO NOT EXECUTE OR EFFECTUATE PURCHASES, TRANSFERS, OR SALES OF TOKENS. WE CANNOT REVERSE, CANCEL, OR REFUND BLOCKCHAIN TRANSACTIONS. WE ARE NOT RESPONSIBLE FOR ANY LOSSES ARISING FROM YOUR USE OF BLOCKCHAIN TECHNOLOGY, DIGITAL ASSETS, OR WALLET SERVICES.

17.5. NO INVESTMENT ADVICE

The Services are not intended to provide legal, tax, investment, or financial advice. Nothing on the Services should be construed as an offer to sell, a solicitation of an offer to buy, or a recommendation for any token or financial instrument. You are solely responsible for determining whether any investment, investment strategy, or related transaction is appropriate for you. You should consult appropriate professionals before engaging in any token transactions.

17.6. ASSUMPTION OF RISK

YOU USE THE SERVICES AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR:

(a) ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA;

(b) THE SECURITY OF YOUR ACCOUNT AND WALLET;

(c) ANY LOSSES OF DIGITAL ASSETS;

(d) EVALUATING THE RISKS AND SUITABILITY OF ANY TOKEN TRANSACTIONS;

(e) COMPLIANCE WITH APPLICABLE LAWS IN YOUR JURISDICTION.

Limitation of Liability

18.1. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FLEEK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, DIGITAL ASSETS, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICES.

18.2. CAP ON LIABILITY

IN NO EVENT SHALL FLEEK'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT YOU HAVE PAID TO FLEEK IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).

18.3. ESSENTIAL PURPOSE

THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

18.4. JURISDICTIONAL LIMITATIONS

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

Term and Termination

19.1. Term

These Terms are effective when you first access the Services and remain in effect until terminated.

19.2. Termination by You

You may terminate your account at any time by contacting us at support@fleek.xyz. Upon termination, you may lose access to your wallet and any digital assets associated with your account.

19.3. Termination by Fleek

We may suspend or terminate your account and access to the Services at any time, with or without cause, with or without notice. Causes for termination include but are not limited to:

(a) Violation of these Terms;

(b) Request by law enforcement or government agency;

(c) Extended period of inactivity;

(d) Engagement in fraudulent or illegal activities;

(e) Nonpayment of fees owed;

(f) Violation of token trading policies or market manipulation.

19.4. Effect of Termination

Upon termination:

(a) Your right to use the Services will immediately cease;

(b) We may delete your account and User Content;

(c) You will lose access to your wallet through the Services;

(d) We are not obligated to maintain or provide any User Content;

(e) All provisions of these Terms that by their nature should survive termination shall survive.

Governing Law and Venue

These Terms and any dispute arising out of or related to these Terms or the Services shall be governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict of law principles. Any legal action or proceeding arising out of or related to these Terms or the Services shall be brought exclusively in the federal or state courts located in San Juan, Puerto Rico, except as otherwise provided in Section 22 (Dispute Resolution; Binding Arbitration).

Export Controls

The Services may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and reexport control laws and regulations, including the Export Administration Regulations and sanctions programs administered by the Office of Foreign Assets Control. You may not use the Services if you are located in an embargoed country or are on any U.S. government list of prohibited or restricted parties.

Dispute Resolution; Binding Arbitration

22.1. Generally

Except as described in Section 22.2 and 22.3, you and Fleek agree that every dispute arising in connection with these Terms, the Services, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts.

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FLEEK ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

22.2. Exceptions

Nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law in aid of arbitration; or (iv) to file suit in a court of law to address an intellectual property infringement claim.

22.3. Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of this Section 22 within 30 days after the date you first agree to these Terms by sending a letter to Fleek LLC, Attn: Legal - Arbitration Opt-Out, Fleek Labs Inc. 447 Broadway FI 2PMB 2023, New York, NY 10013, that specifies: your full legal name, the email address associated with your account, and a statement that you wish to opt out of arbitration.

22.4. Arbitration Process

Arbitration will be administered by JAMS under its rules applicable to consumer disputes. The arbitrator's award shall be final and binding on all parties. If the arbitrator awards you an amount higher than the last written settlement amount offered by Fleek before an arbitrator was selected, Fleek will pay to you the higher of: (i) the amount awarded by the arbitrator and (ii) $10,000.

22.5. Class Action Waiver

YOU AND FLEEK AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims.

California Residents

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

Miscellaneous

24.1. Entire Agreement

These Terms and our Privacy Policy constitute the entire agreement between you and Fleek regarding the Services and supersede all prior agreements and understandings.

24.2. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

24.3. No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

24.4. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign our rights under these Terms without your consent.

24.5. Force Majeure

We will not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemic, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

24.6. Survival

All sections which by their nature should survive the termination of these Terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms.

Contact Information

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

Fleek LLC

Email: support@fleek.xyz

Website: https://fleek.xyz

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.

Terms of Service