inflame - inflame

INFLAME APP TERMS AND CONDITIONS

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INFLAME INC TERMS AND CONDITIONS

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INFLAME APP TERMS AND CONDITIONS

TERMS OF USE

Effective date: 07 of July 2022

The INFLAME Application (‘the app or site”), is owned and operated by INFLAME INCcarrying on its business

activities in the Delaware, United States. These Terms of Use govern your use of this INFLAME Application.

1.YOUR ACCEPTANCE OF THESE TERMS OF USE

These Terms of Use hereinafter referred to as “TOU” constitute a legally binding agreement made between you,

whether personally or on behalf of an entity (“you”or “influencer” or “Business”or “Creators”) and INFLAME

INC(“INFLAME APP, we,” “us” or “our”), concerning your access to and use of the Application (IOS and

ANDROID inclusive) and www.inflame.app and any other media form, media channel, related, linked, or

otherwise connected thereto (collectively, the “Site , “App” or INFLAME APP”). You agree that by accessing the

Site, you have read, understood, and agree to be bound by all of these TOU Use. IF YOU DO NOT AGREE WITH

ALL OF THESE TOU, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST

DISCONTINUE USE IMMEDIATELY.

BY SIGNING UP TO USE THE APP OR SERVICE, YOU ACKNOWLEDGE AND AGREE THAT THE FORMS WE SEND

YOU ARE PROPER NOTIFICATION OF SUCH REPORTS AND THAT YOUR NAME AND DATE OF SENT REPORT WILL

BE RECORDED ON OUR DATABASE WHICH WILL SUFFICE AS A SIGNATURE FOR SUCH REPORTS.

Supplemental TOU or documents that may be posted on the Site from time to time are hereby expressly

incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications

to these TOU at any time and for any reason. We will alert you about any changes by updating the “Last

updated” date of these TOU and you waive any right to receive specific notice of each such change. It is your

responsibility to periodically review these TOU to stay informed of updates. You will be subject to, and will be

deemed to have been made aware of and to have accepted, the changes in any revised TOU by your continued

use of the Site after the date such revised Terms are posted.

2.YOUR ACCEPTANCE OF OUR PRIVACY POLICY

By agreeing to these TOU, you agree to the terms of our Privacy Policy which is expressly incorporated herein.

Before using this Site, please carefully review our Privacy Policy. All information provided to us as a result of your

use of this Site will be handled in accordance with our Privacy Policy. To the extent there are inconsistencies

between these Terms of Use and our Privacy Policy, these Terms of Use control.

3.YOUR CONSENT TO OTHER AGREEMENTS

When you intend to use a special feature of this Site, you may be asked to agree to special terms governing your

use of the special feature. In such cases, you may be asked to expressly consent to the special terms, for example,

by checking a box or clicking on a button marked “I agree.” This type of agreement is known as a “click-through”

agreement. If any of the terms of the click-through agreement are different than the terms of these TOU, the

terms of the click-through agreement will supplement or amend these Terms of Use, but only with respect to

the matters governed by the “click-through agreement.”

4.ABOUT INFLAME APPLICATION

INFLAME APP TERMS AND CONDITIONS

INFLAME APPis an on-demand Influencer Marketplace for creator cooperation. Collaborate instantly and

directly with the world's most outstanding creators. People-Driven Influence has this kind of power. The Inflame

Application also contains Software as a Service (SAAS) capabilities that create audience numbers from

campaigns and influencer insights.

The INFLAME APP service can be accessed from devices with Internet Connectivity, such as personal computers,

tablets and smartphones.

We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such

as your name, email address or other contact information) with advertisers unless you give us specific

permission. Instead, advertisers can tell us things like the kind of audience they want to see their ads, and we

show those ads to people who may be interested. We provide advertisers with reports about the performance

of their ads that help them understand how people are interacting with their content.

Our Privacy Policy explains how we collect and use your personal data to determine some of the ads you see and

provide all of the other services described below. You can also go to your settings page on your account at any

time to review the privacy choices you have about how we use your data.

The Marketplace:

We provide the following services for Creators to develop content as part of our Services on the "Inflame

Marketplace": Collaborations and Challenges

Brand Collaborations: Brand Collaborations enables Creators to cooperate on the development of User Content

("Creator's Content") with other Creators in the Inflame Creator community. If Creators want to engage in a

Collab, they may offer their skills and establish rates in their Accounts for the various sorts of Collabs that they

are ready to execute. Inflame Creators can also set constraints or limitations in their Collaborations offer. Then,

Creators can request that Collab Creators cooperate and participate in the development of Collabs Content, at

which point a hold will be placed on the Creator's credit card in the amount matching to the offer made. When

a request is submitted to the Collab Creator, the Collab Creator has the option to accept or reject the offer. If the

Collab Creator accepts the offer, the two parties will produce the agreed-upon Collab, the Collab Creator will

submit the link to Inflame Inc. in their Account, and Inflame will transfer the agreed-upon amount to the Pear Up

Creator's Hyper wallet.

Challenges: Creators ("Challenge Participants") can use Challenges to produce material based on a certain

prompt or set of conditions (the "Challenge Content") and publish it on a third-party social media site (e.g.,

TikTok, Twitter, and/or Instagram). "Challenge Hosts" provide challenges. Challenge Hosts will organize

Challenges and will offer a "Challenge Prompt" to encourage Challenge Participants to promote content or items

(for example, musical compositions, other types of audio, or products) (the "Challenge Prompt"). Challenge

Hosts can submit Challenges on Our website using our Self-Service Challenge Option ("Self-Service Challenges")

or by emailing support@inflame.app. Challenge Hosts must agree to the Self-Service Challenges Terms or enter

into a formal arrangement with Us. Challenge Participants may earn some advantage as mentioned in the

appropriate Challenge offer portal, which may include, but is not limited to, remuneration based on the amount

of views the Challenge Content receives. There may also be additional rules ("Challenge Terms") that apply to

each Challenge and may require you to satisfy specific criteria to enter a Challenge, such as age requirements.

5. APPLICABILITY

"These general terms and conditions (the "Conditions") apply to:

INFLAME APP TERMS AND CONDITIONS

(a) The use of any information, pictures, documents and/or other services offered by INFLAME APP via (our

“Website”);

(b) The downloading and Installation of the INFLAME APP and/or Mobile Application (IOS or ANDROID) on

your smartphone.

6.ACCOUNT.

You will be required to create an account on the website before using the Services, your username and password

will be chosen by you. You are responsible for all actions taken under your chosen username and password. You

can elect to create an account as a GENERAL USER or as a CONTENT CREATOR.

(a)USER

To become a USER, you must register and create a User Account on INFLAME. You must provide your Name,

date of birth, a valid email address, a username, and a password or a valid Twitter, Facebook or Google account

for easy sign up. It is a condition of your use of the Website that all the information you provide on the Website

is correct, current, and complete.

You agree that all information you provide as a User or otherwise, including but not limited to information

provided through the use of any interactive features on the Website, is governed by our Privacy Policy, and you

proceed on the basis that you are aware of how and why we process your personal data, as is set out in Privacy

Policy.

If you wish to view User Content you will need to provide details of a payment card to a Payment Provider. Your

payment card information is stored by the third-party Payment Provider used on the site.

(b)CONTENT CREATOR

To become a CONTENT CREATOR, you must register and create a User Account on INFLAME. You must provide

your Name, date of birth, a valid email address, a username, and a password or a valid Twitter, Facebook or

Google account for easy sign up. You will also be required to submit a National ID to verify your age and account

during set up. It is a condition of your use of the Website that all the information you provide on the Website is

correct, current, and complete.

If you are a Creator and wish to receive payment of Commissions, you will need to include onto your User

Account Payout Options and upload a valid form of ID. You may also need to submit additional legal information,

such as a W-9 if you are resident in the United States of America. The exact information required will depend on

your country of residence. Amounts due to you as a Creator from USERS will be paid to you by one of our

Payment Providers in accordance with your Payout Options.

By creating an account on the Site, you warrant:

- That all the details you provide are true, accurate, current and complete in all respects;

- To only create one (1) account and to only use the Site using your own username and password;

- Not to disclose your password to anyone and to make every effort to keep your password safe;

- To change your password immediately upon discovering that your account has been compromised; and

- To notify us if you suspect someone has accessed your account without permission.

INFLAMEreserve the right to terminate your account and to suspend or terminate your access to the website

immediately and without notice to you if:

- You breach these Terms;

INFLAME APP TERMS AND CONDITIONS

- You are impersonating any other person or entity;

When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to

enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or

INFLAME suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or

illegal activity in relation.

Account deactivation

Should you wish to deactivate your INFLAME membership then you may do so in your User Account section.

If you are a USER then any account deactivation will take place as soon as reasonably possible. You will no longer

be charged or have access to User Contents. Any subscriptions will be deleted and cannot be subsequently

renewed.

If you are both a Creator and a USER then the account will be deactivated in two stages (USER and then Creator).

You will receive an email confirmation upon the successful deletion of your account.

7. INFLAME APP’S INTELLECTUAL PROPERTY

ContentFor purposes of these Terms, “content” is defined as any information, communications, published

works, photos, videos, graphics, music, sounds, or other materials that can be viewed by users on our Site and is

owned by INFLAME APP, our Affiliates or our licensors.

Ownership of Content All content on the Site is subject to intellectual property rights, contractual or other

protection. The intellectual property rights are owned by us or our licensors. No content may be copied,

distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these

Terms or with INFLAME APP’s prior express written consent. Any use of the content other than as permitted by

these Terms, or any other unauthorized use of the content may make you liable to INFLAME APP or its licensors

for violation of intellectual property rights.

Trademarks or service marks of INFLAME APP include, but are not limited to, INFLAME APP™ and the INFLAME

APP logo. All custom graphics, icons, logos and service names are registered or common-law trademarks or

service marks of INFLAME APP or our Affiliates. All other trademarks or service marks are property of their

respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or

the name of INFLAME APP, our Affiliates or our licensors.

Site Use INFLAME APP grants you a limited, revocable, nonexclusive license to use the content on the Site solely

for your own personal purposes only and not for republication, distribution, assignment, sublicense, sale,

preparation of derivative works, or other use. You may not use any content from the Site which is not owned by

you for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or

break into the Site; or to use content, products or services in violation of any law. Any use of the Site or the

content contained therein other than as specifically authorized in the Agreement, without the prior written

permission of INFLAME APP, is strictly prohibited and will terminate the license granted herein. Unless explicitly

stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication,

estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other

right and any goodwill associated therewith. INFLAME APP reserves the right, without notice and in its sole

discretion, to terminate your license to use the Site at any time and to block or prevent your future access to,

and use of, the Site.

No Warranty for Third-Party Infringement Neither we nor our Affiliates warrant or represent that your use of

materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of

third parties.

INFLAME APP TERMS AND CONDITIONS

Your Intellectual Property Rights Subject to our Privacy Policy, any Submissions by you will be treated as non-

confidential. While you retain all rights to the Submissions, you grant INFLAME (including our employees and

Affiliates) as well as the users of the Site, a non-exclusive, paid-up, perpetual, non-exclusive and worldwide

license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the

Site and to effectuate INFLAME’s services and business without incurring any liability for royalties or any other

consideration of any kind.

8.CREATOR’S CONTENT

By creating and publishing User Content on INFLAME, you authorize your Users and other Collaborated Creators

to access and view (without downloading or copying) your User Content on INFLAME, for their own lawful and

personal use. You also represent, warrant and undertake that for each submission:

•you own, have a valid license to, or otherwise control all rights in and to your User Content;

•to the extent your User Content includes or utilizes any third-party property, you have secured all rights,

licenses, written consents and releases that are necessary for the use of such third-party property in your User

Content;

•you will not post any content depicting any person under 18-years old,

•you have inspected and are maintaining written documentation sufficient to confirm that all subjects of

your submission are within the usage eligibility requirements.

•your User Content is non-confidential and will be made available to your USERS on the platform.

•You grant INFLAME and Our licensees, successors, and assigns the right to use, reproduce, modify,

perform, display, distribute, and otherwise disclose to third parties any such material.

For clarification: The clause exists so that we may use your content by adding stickers, text, and watermarks,

and to make your content available to Users, as well as for other normal operations of our website. We will never

sell your content to other platforms.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and

you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

You shall indemnify INFLAME our licensees, successors, and assigns against all liabilities, costs, expenses,

damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and

all interest, penalties and legal costs (calculated on a full indemnity basis) and all other reasonable professional

costs and expenses suffered or incurred arising out of or in connection with your User Content.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you

or any other user of the Website.

Any questions regarding User Content can be addressed by emailing [Insert Email Address].

Copyright Notice We respect the intellectual property rights of others, and we ask you to do the same. In

instances where we are notified of alleged infringing INFLAME content or Submissions, a decision may be made

to remove or disable access to such content or Submissions, in compliance with the safe harbour provisions of

the Digital Millennium Copyright Act, 17 U.S.C, 512 (c).

If you believe that you or someone else’s copyright has been infringed by content or Submissions provided on

this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to us at

support@inflame.app, immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer

to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or

anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material,

we ask that the Rights Holder provide the following information:

INFLAME APP TERMS AND CONDITIONS

•Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of

multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any

U.S. Copyright Registration number(s), URL(s) etc.;

•Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing

the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);

•The Rights Holder’s contact information so that we can contact them (including for example, the Rights

Holder’s address, telephone number, and email address);

•A statement that the Rights Holder has a good faith belief that the use of the material identified above

in Part (ii) is not authorized by the copyright owner, its agent, or the law;

•A statement, under penalty of perjury, that the information in the notification is accurate and that the

Rights Holder is authorized to act on behalf of the copyright owner; and

•The Rights Holder’s signature or electronic signature.

9. SOFTWARE UPDATES

We may update the Software from time to time, at our sole discretion. The update may be in the form of adding

new features, bug fixing and new versions of the Software. In order to provide you with the most current version

of the Software, you agree that new updates and versions of the Software may download and install

automatically as they are made available by us, in our sole discretion. You agree to receive and permit us to

deliver such new updates and versions to you. These updates and new features may include additional terms

that you will have to agree to.

10. USER CONDUCT

You agree that you will not violate any law, contract, intellectual property or other third party right or

commit a tort, and that you are solely responsible for your conduct, while accessing or using the Sites.

You agree that you will abide by these Terms and will not: Engage in any harassing, threatening,

intimidating, predatory or stalking conduct;

You agree that you will not use or attempt to use another user’s account without authorization from

such user and INFLAME APP.

You agree that you will not use the Sites in any manner that could interfere with, disrupt, negatively

affect or inhibit other users from fully enjoying the Sites or that could damage, disable, overburden or

impair the functioning of the Sites in any manner;

You agree that you will not do anything that might discover source code or bypass or circumvent

measures employed to prevent or limit access to any Content, area or code of the Sites;

You agree that you will not attempt to circumvent any content-filtering techniques we employ.

You agree that you will not access any feature or area of the Sites that you are not authorized to access.

You agree that you will not develop any third-party applications that interact with the Sites without our

prior written consent.

You agree not to use any robot, spider, crawler, scraper, script, browser extension, offline reader or

other automated means or interface not authorized by us to access the Sites, extract data or otherwise

interfere with or modify the rendering of Site pages or functionality.

You agree that you will not bypass or ignore instructions contained in the robots.txt file, that controls

all automated access to the Sites or Use the Sites for any illegal or unauthorized purpose, or engage in,

encourage or promote any activity that violates these Terms.

INFLAME APP TERMS AND CONDITIONS

You agree to use the service in accordance to legal requirements, thus, you shall not be offensive,

harmful or discriminatory to any user of the platform. You agree to release us from any liability

whatsoever should such a situation arise between creators and users.

You agree as a User that request for refunds shall be channeled to the Creator’s and not INFLAME as

we only provide the platform for brand collaborations and/or pear ups, however, we will be more than

happy to assist you in getting a refund if you had a legitimate unsatisfactory experience.

You agree to use a very strong internet connection and should there be an interruption in your use of

the virtual tour service, you agree to release us from any liability howsoever arising.

We will take necessary measures to protect your personal data. However, ifthere’s a data breach or

some issue with our platform which leaks our users’ private data, you agree to release us from any

liability.

11. APP USE LICENSE

When you use the Services through the App, then INFLAME APP grant you a revocable, non-transferable, non-

exclusive, limited right to install and use it on wireless phones and devices that are in accordance with the terms

and conditions of this license, used and controlled by you and shall not:

Decompile, disassemble, reverse-engineer, attempt to know the source code of the App, or decrypt it;

make any modification, enhancement, adaptation, improvement, translation or derivative work from

the App;

go against any applicable laws, regulations, or rules regarding your use of the App;

alter, remove, or obscure any of INFLAME APP’s proprietary notice, and the licensor of the App;

make the App available over network or other environs that allow access or use by multiple devices or

multiple users at the same time;

use the App to create services, or software that is directly or indirectly competitive with or in any way a

substitute for the App;

use the App to send automated queries or unsolicited commercial emails to any platform; and

Make use of any proprietary information of INFLAME APP in the development, design, manufacture,

distribution, or licensing of any application, devices, or accessories for use with the App.

12. TERMS REGARDING APPLE AND ANDROID DEVICES

The following terms and conditions will apply when you access the App either from the Apple Store or the Google

Play Store. You acknowledge that these Terms is between you and INFLAME APP only and not with Apple Inc.

or Google Inc. (both an “App Distributor”), and INFLAME APP (which is not an App Distributor) is directly

responsible for the App and the App Content thereof.

Scope of License: The license granted to you for the App is limited to a non-transferable permit to use

the App on a device that uses the Apple iOS and/or Android operating system as applicable and in line

with the usage rules set forth in the applicable App Distributor terms and conditions agreement.

Maintenance and Support: INFLAME APP is solely responsible for providing any maintenance and

support services with respect to the App as specified under these Terms and applicable laws. You hereby

agree that no App Distributor is responsible for any support and maintenance services in relation to the

App.

Warranty: INFLAME APP is responsible for any service warranties, whether express or implied by law,

to the extent not effectively disclaimed. In any event, where the App fails to conform to any applicable

warranty, you may alert the relevant App Distributor, and the App Distributor, in accordance with its

INFLAME APP TERMS AND CONDITIONS

policies and terms, may refund the purchase price (if any) paid for the App, and to the fullest extent

permissible by applicable law, an App Distributor will have no other warranty obligation whatsoever

with respect to the App and any other claims, losses, liabilities, damages, expenses or costs attributable

to any failure to obey any warranty will be INFLAME APP’s sole responsibility.

Service Claims: You hereby agree that INFLAME APP (not an App Distributor) is liable for addressing any

of your claims or those of a third party relating to the App or your control and/or use thereof, including

but not limited to; (a) service liability claims; (b) any claim that the App fails to obey any applicable or

legal requirement; and (iii) claims arising from consumer protection or similar legislation.

Intellectual Property Rights: You acknowledge that in the event of any third-party claim that the App or

your use thereof infringes a third party’s intellectual property rights, the relevant App Distributor will

not be responsible for the investigation, defense, settlement and discharge of any such intellectual

property infringement claim.

Legal Compliance: You represent and warrant that (i) you do not reside in a country that is subject to a

USGovernment embargo, or that has been designated by the USGovernment as a ‘terrorist supporting’

country; and (ii) you are not on any US Government list of prohibited or restricted parties.

Third Party Terms and Conditions Agreement: You must comply with the third-party terms and

conditions agreement applicable when using the App. For example, if you have a VoIP application, you

must not violate their wireless data service agreement when using the App.

Third Party Beneficiary: Both you and INFLAME APP acknowledge that the App Distributors and their

subsidiaries are third party beneficiaries of these Terms and that upon your acceptance of the terms and

conditions of these Terms, each App Distributor will have the right to enforce these Terms against you

as a third-party beneficiary thereof.

13. PRICING OF SERVICE, MODE OF PAYMENT & REFERRAL

You agree to pay any applicable costs associated with Your use of this Website and Our Services, as detailed on

your profile page (the "Paid Services"). Please keep in mind that any payment terms offered to you while using

or signing up for a Paid Service are considered part of these Terms.

We accept Payments for our services via PayPal & credit cards. By providing a credit card or other payment

method that we accept, you represent and warrant that you are authorized to use the designated payment

method and that you authorize us (or our third-party payment processor) to charge your payment method for

all charges you incur for any order. You are responsible for, and agree to pay, all such charges. If we or our third-

party payment processor cannot obtain authorization for charges to your payment method or if any amounts

you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at

our option, in addition to any other remedies: make second and/or subsequent attempts to charge your payment

method, and/or use any other lawful means to collect payment on any outstanding amounts due to us.

We realize that You may choose to terminate Your account, but please be aware that We will not issue any

refund(s), and You will be liable for any account amount owed. To simplify things, you agree that We may charge

any outstanding fees to Your specified Payment Method and/or send You a bill for such unpaid costs.

Referrals. We offer you a chance to participate in our referral program. By participating in the Referral Program,

users agree to utilize the Referral Program in accordance with the conditions specified below and any additional

terms We may apply to the Referral Program.

How the Referral Program Functions?

You can get a Referral Payment (defined below) as an existing user ("Referring User" or "You") once a Referred

Creator (defined below) registers with Inflame using Your unique referral code and earns "Earnings" (defined

below) (a "Successful Referral"). A Referred Creator is someone who joins Inflame after using Your unique

referral code. Referring Users are only eligible for a Referral Payment if their referrals are successful. If a Referred

Creator registers with Inflame without providing Your unique referral code, the referral will not be considered

INFLAME APP TERMS AND CONDITIONS

successful. Your unique referral code, which You may manually share with others (through email, for example),

will be available in Your account management panel.

After a Successful Referral, You will be paid a referral payment equal to 5% of the "Earnings" (defined below)

generated by the Referred Creator in the twelve (12) months following the date on which the Referred Creator

becomes a registered user of Inflame using Your unique referral link ("Referral Period") ("Referral Payment").

"Earnings" refer to the total amount paid by Inflame to the Referred Creator during the Referral Period for

engaging in "Challenges" (as defined in the Inflame.com site Terms of Use (the "Terms")). Earnings will not be

recognized for any payment earned by the Referred Creator that does not conform with these Referral Terms.

14. TERMINATION

Termination by you. You may terminate these Terms and the license granted to you hereunder at any time by

uninstalling and removing the Software from your device, and by ceasing to use the App.

Termination by us.Without prejudice to any other rights we may have, these Terms and the license granted to

you hereunder automatically terminate without notice, if you fail to comply with or breach any provision of these

Terms. In no event will we be liable for the suspension, removal of or disabling of your access to INFLAME APP

or to any feature available therein. You acknowledge that upon expiration or termination of your license, the

license key may automatically de-activate.

15. EXCLUSION OF LIABILITY FOR EXTERNAL LINKS

The Website may provide links to external Internet sites. INFLAME APP hereby declares explicitly that it has no

influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all

linked pages of third parties. INFLAME APP shall not be liable for the use or content of Internet sites that link to

this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing

of your personal data on or through such external sites.

16. YOUR REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant that: (i) you will only use INFLAME APP as permitted under these Terms; (ii)

you agree to comply with all applicable laws, rules and regulations, and industry best practices while using

INFLAME APP; (iii) you will not use INFLAME APP for any fraudulent or inappropriate purpose; (iv) you shall not

prevent others from using INFLAME APP.

17. DISCLAIMER OF WARRANTIES

INFLAME APP IS PROVIDED TO YOU “AS IS”, WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT

PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND

NONINFRINGEMENT AND ANY WARRANTIES AND CONDITIONS ARISING OUT OF COURSE OF DEALING OR

USAGE OF TRADE. WE DO NOT REPRESENT OR WARRANT THAT: (I) INFLAME APP WILL MEET YOUR

REQUIREMENTS, WILL BE ERROR FREE OR THAT ANY ERRORS WILL BE CORRECTED; (II) THE OPERATION OF

INFLAME APP WILL BE UNINTERRUPTED; OR (III) INFLAME APP IS OR WILL BE AVAILABLE WHERE YOU RESIDE

OR IN ANY OTHER PARTICULAR LOCATION. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS

OR DISSATISFACTION WITH INFLAME APP IS TO UNINSTALL AND CEASE USE OF ALL INFLAME APP PRODUCTS.

Further and except as expressly provided herein, we are not obligated to maintain or support INFLAME APP, or

to provide you with any updates, fix errors or any other features available therein. You acknowledge and agree

that you are solely responsible for (and that we have no responsibility to you or to any third party) and assume

all the responsibility and risk for your use of INFLAME APP and your breach of any of your representations and

warranties herein contained, and for any loss or damage which we may suffer as a result of any such breach.

18. LIMITATION OF LIABILITY

INFLAME APP TERMS AND CONDITIONS

TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL WE, OUR OFFICERS,

DIRECTORS, EMPLOYEES, PARENTS, AFFILIATES, SUCCESSORS, ASSIGNS, OR LICENSORS BE LIABLE TO YOU OR

ANY OTHER THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL, EXEMPLARY OR

PUNITIVE DAMAGES OF ANY TYPE INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL,

SERVICE INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, LOSS OF BUSINESS PROFITS, LOSS OF DATA

OR BUSINESS INFORMATION, LOSS OF ADDITIONAL SOFTWARE OR COMPUTER CONFIGURATIONS OR COSTS

OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES ARISING IN CONNECTION WITH ANY USE

OF INFLAME APP OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN

CONNECTION WITH THESE TERMS OR THE INSTALLATION, UNINSTALLATION, USE OF OR INABILITY TO USE

INFLAME APP UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT

(INCLUDING PRODUCTS LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT WE WERE OR

SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING

THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. NOTWITHSTANDING

ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR TOTAL LIABILITY (INCLUDING

OUR OFFICERS, DIRECTORS, EMPLOYEES, PARENTS, AND AFFILIATES) FOR ANY CLAIM ARISING OUT OF OR

RELATED TO THESE TERMS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED THE

AMOUNT PAID IF ANY, BY YOU FOR THE USE OF INFLAME APP.

19. INDEMNITY

You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents,

harmless from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses

(including but not limited to attorney's fees) arising from: (i) your access to or use of INFLAME APP; (ii) your

violation of these Terms; or (iii) your violation of any third party right, including without limitation, any

intellectual property right, or privacy right.

20. GOVERNING LAW AND DISPUTES

This Agreement will be governed by, construed and enforced in accordance with the laws of Delaware, without

regard to its conflicts of law principles or provisions. Delaware Courts shall have jurisdiction to adjudicate

disputes.

21. GENERAL

These Terms constitutes the entire understanding between the parties with respect to the matters referred to

herein. The Section headings in these Terms are provided for convenience purpose only and have no legal or

contractual significance. If any provision of these Terms is held to be unenforceable by a court of competent

jurisdiction, such provision shall be enforced to the maximum extent permissible so as to affect the intent of the

parties, and the remainder of these Terms shall continue in full force and effect. Our failure to enforce any rights

or to take action against you in the event of any breach hereunder shall not be deemed a waiver of such rights

or of subsequent actions in the event of future breaches. These Terms and any right granted herein may not be

assigned by you without our prior written consent. The controlling language of these Terms is English. In the

event of inconsistency or discrepancy between the English version and any other language version, the English

language version shall prevail. Nothing in these Terms will be construed as creating a joint venture, partnership,

employment or agency relationship between you and us, and you do not have any authority to create any

obligation or make any representation on our behalf.

22. Contact Us.

If you have any questions (or comments) concerning these Terms, you are most welcomed to contact us at

support@inflame.app and we will make an effort to reply within a reasonable time-frame.

INFLAME APP TERMS AND CONDITIONS