Terms of Service

Terms of Service

Last updated: December 27, 2023

These Terms of Service (these "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”), and Freee Labs(“Freee,” “we,” or “us,” and together with “you,” the “Parties” and each individually, a “Party”), concerning your access to and use of the freee.xyz websites, along with our related websites, hosted applications, mobile or other downloadable applications, as well as any other technology and services provided by us (collectively, the “Services”).

PLEASE READ THE FOLLOWING TERMS CAREFULLY:

BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICES, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FREEE’S PRIVACY POLICY, AND THE FREEE NETWORK SUPPLEMENTAL TERMS (TOGETHER, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICES. YOUR USE OF THE SERVICES, AND FREEE’S PROVISION OF THE SERVICES TO YOU, CONSTITUTES AN AGREEMENT BY FREEE AND BY YOU TO BE BOUND BY THESE TERMS.

If you have any questions about the Services or these Terms please contact us at app@freee.xyz.

1. SERVICES OVERVIEW.

The Services allow you to leverage public blockchain networks to discover, explore, and NFTs (defined below), to build tools and communities around your NFT projects, and to connect with others on a peer-to-peer basis to buy, sell, and transfer NFTs.

2. ELIGIBILITY.

You must be at least 18 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 18 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.

3. ACCESSING THE SERVICES.

To access most features of the Services, you will be required to create or connect a digital cryptocurrency wallet (“Wallet”) (such as MetaMask or Coinbase Wallet) to the Services to create an account. Your Wallet address may be publicly displayed on the Services when you connect your Wallet, and you consent to such public display. For additional information about your account and profile data, please see our Privacy Policy.

4. WALLETS.

4.1. Access. The Services access public data from the blockchain related to your Wallet to enable you to use your Wallet to facilitate sales and purchases of NFTs, and to verify your ownership of certain NFTs, verify your account, and otherwise provide the intended functionality of the Services.

4.2. Your Wallet. By connecting a Wallet, including a Privy Wallet (as defined below) to the Services, you agree to abide by the terms and conditions of the applicable Wallet provider. You must familiarize yourself with the terms of use, technology, and security protocols of any Wallet. We do not provide a crypto-wallet service and do not at any time have custody, possession, or control over your NFTs, crypto assets, or any other contents in your Wallet. You acknowledge and agree that we are not party to any transactions conducted while using our Services. We make no representations or warranties regarding how the Services will operate or be compatible with any specific Wallet. The private keys necessary to access the assets held in a Wallet are not held by the Company. You are solely responsible for maintaining the security of your Wallet, including your credentials, private key, and/or seed phrase. 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. 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, your account on the Services, and your NFTs.

4.3. Assistance. If you notice any unauthorized or suspicious activity in Wallets that are related or linked to the Services, please notify us immediately at app@freee.xyz. However, Freee 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 Wallet credentials.

5. SERVICES AND PROTOCOLS.

5.1. The Services and Freee Protocol. The Freee Protocol is an NFT platform protocol that was developed by Freee and is available alongside the Services (the “Freee Protocol”). The Services allow users to: (i) create non-fungible cryptographic tokens that represent unique pieces of media (each an “NFT”); (ii) publish (or “mint”) NFTs to a blockchain; (iii) buy and sell NFTs on the Services; and (iv) develop projects that run on the Freee Protocol. The Services provide one method for accessing the Freee Protocol, but are not the only way to do so. For clarity, the defined term “Services” does not include the Freee Protocol.

5.2. Creating NFTs. Our creator toolkit, available at freee.xyz (the “Creator Toolkit”), allows users to create and launch NFT collections on Supported Networks using the Freee Protocol. Subject to your complete and ongoing compliance with these Terms, Freee grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Creator Toolkit solely for the purpose of creating, publishing, and minting NFTs. For more information regarding the Creator Toolkit. As Freee lacks the ability to control how a third party may use the Creator Toolkit and Freee Protocol, nothing in this Section 5.2 is intended to imply that the Creator Toolkit and Freee Protocol prohibit a third party from making unauthorized reproductions of the content of an NFT (e.g., an unauthorized screen capture), and the owner of any intellectual property rights in an NFT is solely responsible for enforcement of such rights.

  • 5.2.1. Fees for Creating. There are no fees paid to Freee for creating your NFTs using the Creator Toolkit. However, transactions on a Supported Network require a fee to cover the computational resources expended to execute the transaction (the “Gas Fee”). You are responsible for paying the Gas Fees associated with minting an NFT with the Creator Toolkit. Gas Fees are necessary to support each Supported Network.

  • 5.2.2. Fees On Primary Sales/Mints. As noted in Section 5.2.1, Freee does not charge any fees for using the Creator Toolkit merely to create and make available NFT collections to others for minting. However, Freee does charge the minting party a fee (the “Minting Fee”) for minting NFT collections launched using the Creator Toolkit ("Creator NFTs"). Freee does not charge a fee for the minting of Third-Party NFTs (defined below). For clarity, the minting party may be the creator or the initial purchaser of the NFT. You agree to pay the Minting Fee if you mint an NFT using the Services. Freee will display the Minting Fee, including a breakdown of the distribution of the Minting Fee, to you prior to you confirming your decision to mint or make an initial purchase of an NFT, as applicable.

  • 5.3.3. Responsibility for Your NFTs. You are solely responsible for the NFTs you create using the Creator Toolkit, including for clearing the rights to any third-party content included in your NFTs, including the rights of privacy and publicity, and for any third-party claims of copyright, trademark, or other intellectual property infringement or violation of any rights of privacy or publicity. You agree to indemnify, defend, and hold Freee and its officers, directors, employees, shareholders, creditors, lenders, lawyers, advisors, insurers, predecessors, successors, affiliates, and assigns (collectively, “Freee Parties”), harmless from and against any and all damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from the minting, sale, reproduction, distribution, public display, public performance, communication to the public, advertising, marketing, promoting or other use or exploitation of your NFTs.

5.4. Enjoy NFTs. The Services includes an aggregation functionality (the “Feed”) that allows you to view and discover newly-released NFTs, including Creator NFTs and NFTs that were created on third-party websites, third-party NFT marketplaces, or sources other than the Services (each a “Third-Party Source,” and such NFTs from Third-Party Sources, “Third-Party NFTs”). You may also be able to mint NFTs that you find on the Feed, as further discussed in Sections 5.4.2 and 5.4.3 below. For clarity, the Feed only displays NFTs that are or were available for minting (including mints that have sold out or are otherwise no longer open or active) and does not display any NFTs offered for resale .

  • 5.4.1. Content from Third-Party Sources. All content from Third-Party Sources, including, without limitation, Third-Party NFTs and all listing information and pricing for such Third-Party NFTs, constitutes Third-Party Materials (defined in Section 13 below). Without limiting any other provision of these Terms, your use of such Third-Party Materials is subject to any third-party terms and conditions governing such Third-Party Materials, and you acknowledge and agree that you are solely responsible for and assume all risk arising from your use of Third-Party Materials. We do not have control over, warrant, or endorse Third-Party Sources or the content thereon, and we are not responsible for the availability or legitimacy of the content, Third-Party NFTs, products, or services on or accessible from Third-Party Sources (including any related websites, resources or links displayed therein). If you access a Third-Party Source, including via a link from the Service, your access to and use of such Third-Party Source is governed by the terms and conditions of such Third-Party Source. Freee does not guarantee that any NFTs visible or accessible on the Feed will always remain visible or accessible.

  • 5.4.2. Transactions Involving Third-Party NFTs. You may be able to use the Feed to mint Third-Party NFTs. You are responsible for verifying the legitimacy, authenticity, and functionality of any Third-Party NFTs that you mint through the Feed. Any transactions concerning Third-Party NFTs that you engage in, including minting Third-Party NFTs, are subject to the terms and conditions of the applicable Third-Party Source and/or the terms set by the applicable creator. If a Third-Party Source charges a fee for minting a Third-Party NFT (a “Third-Party Fee”), we will use commercially reasonable efforts to incorporate such Third-Party Fee into the mint price surfaced to you in the Feed based on the onchain mint contract for the underlying Third-Party NFT. Freee has no control over these transactions or any payments that you make with respect to such transactions, nor does Freee have the ability to reverse any such payments or transactions. In some cases, Freee may receive referral fees from Third-Party Sources for surfacing Third-Party NFTs on the Feed that are ultimately minted on the Services. In such cases, the referral fee will be taken out of the Third-Party Fee and will not change the underlying mint price. You are not entitled to any portion of such referral fees. Freee is not a party to these transactions, and Freee has no liability to you or to any third party for any claims or damages that may arise as a result of any payments or transactions that you engage in through Third-Party Sources or concerning Third-Party NFTs.

  • 5.4.3. Fees Associated with the Feed. As noted in Section 5.2.2, Freee charges a Minting Fee for minting NFTs created using the Creator Toolkit, including any minting associated with primary sales. Freee does not charge fees for Third-Party NFTs minted through the Feed. Please note that you may also owe fees or royalties to third parties for minting NFTs through the Feed, subject to any applicable Third-Party Source's terms and conditions or the terms set by the applicable creator, though such fees shall typically be included in the NFT's list price on the Feed.

6. OWNERSHIP; PROPRIETARY RIGHTS.

6.1. Definitions. For purposes of these Terms, the following definitions apply:

  • 6.1.1. “Content” means all works of authorship of any kind, including by way of example, text, graphics, images, musical works, sound recordings, software, video, audiovisual, and information or other materials that are posted, provided or otherwise made available through the Services; and

  • 6.1.2. “Freee Content” means the Services, our trademarks, logos, branding, and any other Content that we provide, create, or generate in connection with the Services, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with such Freee Content and the Services.

6.2. Our Rights. The Services are owned and operated by Freee. Unless otherwise indicated, the freee.xyz and related websites are Freee Content and our proprietary property, and all computer code (including source code or object code), products, databases, functionality, software, services, usernames, designs, visual interfaces, audio, video, text, photographs, compilations, graphics, and all other elements of the Services provided by Freee are protected by intellectual property and other laws of the all countries. You agree not to remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Services or Content. Except as expressly provided in these Terms, no part of the Services and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

6.3. Freee Protocol. For the avoidance of doubt, we disclaim any ownership rights or control over the Freee Protocol. All of the Freee Protocol is completely open source.

6.4. Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Services (“Feedback”), then you hereby grant Freee an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and through any means now known or hereafter created, and for any purpose, throughout the universe, including to improve the Services and create other products and services. We will have no obligation to provide you with attribution or compensation for any Feedback you provide to us.

6.5. Your Rights. Except for the licenses granted by you to Freee, you retain all rights in and to your User Content (defined below), as between you and us.

7. USER CONTENT.

7.1. Limited License Grant to Freee. By submitting, uploading, publishing, storing, broadcasting, minting or otherwise transmitting (collectively, “Posting”) Content to or through the Services (“User Content”), you grant us an unrestricted, assignable, sublicensable, revocable, royalty-free, fully paid-up license throughout the universe to reproduce, distribute, publicly display, communicate to the public, publicly perform (including by means of digital audio transmissions and on a through-to-the-audience basis), 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) advertising, marketing and promoting Freee, the Services, and the availability of your User Content on the Services; (ii) displaying and sharing your User Content to other users of the Services; and (iii) providing, operating, and improving the Services as authorized by these Terms. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Services. For clarity, Freee does not claim any ownership of User Content and has no right to use User Content other than in accordance with these terms or otherwise absent your express permission. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Freee’s exercise of the license set forth in this Section.

7.2. Specific Rules for Photographs and Images. If you Post a photograph or image to the Services that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including the Services, Facebook, Instagram, and Twitter, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product. Notwithstanding the foregoing, this Section 7.2 only applies to the extent there is not a conflicting agreement between the photographer and the subject(s) of the photo. You and the subject of any photograph or other original work of authorship you Post to the Services are free to negotiate terms and conditions to supersede the provisions of this Section 7.2.

7.3. Specific Rules for Musical Works and for Recording Artists. If you are a composer or author of a musical work and have granted non-exclusive rights to a Performing Rights Organization (“PRO”), then you must notify your PRO of the royalty-free license you grant through these Terms to Freee. You are solely responsible for ensuring your compliance with the relevant PRO’s reporting obligations. If you have assigned your rights to a music publisher or a PRO, then you must obtain the consent of that music publisher or PRO to grant the royalty-free license(s) set forth in these Terms or have that music publisher or PRO enter into these Terms with Freee. Just because you authored a musical work (e.g., wrote a song) does not mean you have the right to grant Freee the licenses in these Terms. If you are a recording artist under contract with a record label, then you are solely responsible for ensuring that your use of the Services is in compliance with any contractual obligations you have to your record label, including if you create any new recordings through the Services that may be claimed by your label. Finally, if you wish to perform a cover song and Post it to the Services, you are responsible for securing all rights in and to the underlying musical work before Posting your recording or performance of that musical work to the Services.

  • 7.3.1. IF YOU CREATE AND DISTRIBUTE AN NFT THAT INCLUDES A SOUND RECORDING, AND THE MUSICAL WORK EMBODIED THEREIN, OR AN AUDIOVISUAL WORK EMBODYING A SOUND RECORDING AND A MUSICAL WORK, THEN SUCH MUSICAL WORKS, SOUND RECORDINGS, AND AUDIOVISUAL WORKS MAY BE AVAILABLE THROUGH ANY PLATFORM OR TOOLS THAT ACCESS THE APPLICABLE BLOCKCHAIN ON WHICH THE NFT HAS BEEN PUBLISHED.

7.4. You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not Post any User Content that violates these Terms or for which you do not have all the rights necessary to grant the licenses described herein. You represent and warrant that your User Content, the source and underlying materials used in creating the 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. Freee disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Services. By providing User Content via the Services, you affirm, represent, and warrant to us that:

  • 7.4.1. you are the creator and owner of the User Content, or have the necessary licenses, rights, consents, and permissions to authorize Freee and users of the Services to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Freee, the Services, and these Terms;

  • 7.4.2. your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, 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 Freee to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties; and

7.5. User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Freee may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Services, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Freee with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Freee does not permit infringing activities on the Services.

7.6. Monitoring Content. Freee does not control and does not have any obligation to monitor: (i) User Content; (ii) any content made available by third parties; or (iii) the use of the Services by its users. You acknowledge and agree that Freee reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Services for operational and other purposes. If at any time Freee chooses to monitor the content, then Freee still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy (defined below). Freee may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Services without any liability to the user who Posted such User Content to the Services or to any other users of the Services.

8.ACCESSING AND USING THE SERVICES

8.1. License to the Services. Provided that you are eligible to use the Services, and subject to your complete and ongoing compliance with these Terms, Freee grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) install and use one object code copy of any mobile or other downloadable application associated with the Services (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (ii) access and use the Services. We reserve all rights not expressly granted to you in and to the Services and the Freee Content.

8.2. License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (i) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Services; (ii) make modifications to the Services; or (iii) interfere with or circumvent any feature of the Services, including any security or access control mechanism. If you are prohibited under applicable law from using the Services, then you may not use it.

9.INTELLECTUAL PROPERTY RIGHTS PROTECTION

9.1. Respect of Third Party Rights. Freee respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Services to do the same. Infringing activity will not be tolerated on or through the Services.

9.2. DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights-related complaint about any material on the Services, you may contact our by app@freee.xyz

9.3. Procedure for Reporting Claimed Infringement. If you believe that Content residing on or accessible through the Services has been used or exploited in a manner that infringes an intellectual property right you own or control, please promptly notify us by sending a written “Notification of Claimed Infringement” to our Designated Agent identified above containing the following information:

  • 9.3.1. identification and a description of the Content on the Services that is claimed to be infringing, including URLs where such Content can be found;

  • 9.3.2. a description of the copyrighted work or other intellectual property right that you claim has been infringed;

  • 9.3.3. your full name, address, phone number, and a valid email address at which you can be reached;

  • 9.3.4. a statement that you have a good faith belief that use of the material relied upon is not authorized by the copyright or other intellectual property right owner, its agent, or the law;

  • 9.3.5. a statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner; and

  • 9.3.6. an electronic or autograph signature (which can be a scanned copy) of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

Your Notification of Claimed Infringement may be shared by Freee with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Freee making such disclosures.

9.4. Repeat Infringers. It is Freee’s policy to: (i) remove or disable access to Content that Freee believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Services; (ii) notify the user who Posted the Content to the Services, that access to such Content has been removed or disabled; and (iii) in appropriate circumstances, terminate the accounts of and block access to the Services for any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. If you find Content that you believe violates your intellectual property rights, or otherwise violates these Terms or applicable laws, please notify us in accordance with Section 9.2 (DMCA Notification).

9.5. Counter Notification. If you receive a notification from Freee that material made available by you on or through the Services has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Freee with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to Freee’s Designated Agent through one of the methods identified in Section 9.2 (DMCA Notification), and include substantially the following information:

  • 9.5.1. your physical or electronic signature;

  • 9.5.2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  • 9.5.3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and

9.6. Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to Freee in response to a Notification of Claimed Infringement, then Freee will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Freee will replace the removed User Content or cease disabling access to it in 10 business days, and Freee will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Freee’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Freee’s system or network.

9.7. False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that: “[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Freee] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.” Freee reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

10.SERVICES FEES

We may charge fees for some or part of the Services we make available to you. Before you are charged any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in Ether (ETH) and are non-refundable unless otherwise specifically provided for in these Terms or otherwise required by law.

11.PROHIBITED ACTIVITIES

You may not access or use the Services for any purpose other than that for which we make the Services available. As a user of the Services, you agree not to:

11.1. use the Services in a manner inconsistent with any applicable laws or regulations, including using the Services to interact with the Freee Protocol in a manner that is illegal or otherwise prohibited by law or regulation in any jurisdiction, or that is intended to harass, abuse, intimidate or violate the legal rights or privacy of any person;

11.2. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;

11.3. harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Services;

11.4. violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;

11.5. circumvent, disable, or otherwise interfere with security-related features of the Services;

11.6. use any software or networking techniques, including use of a Virtual Private Network (VPN) to modify your internet protocol address or otherwise circumvent or attempt to circumvent this prohibition;

11.7. make improper use of our support services or submit false reports of abuse or misconduct;

11.8. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services;

11.9. attempt to impersonate another user or person or use the username of another user;

11.10. interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services including denial of service attacks;

11.11. sell or otherwise transfer the access granted under these Terms or any Freee Content (as defined in Section 6.1 (Definitions)) or any right or ability to view, access, or use any Materials;

11.12. attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any Content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Services except to the extent that the activity is expressly permitted by applicable law;

11.13. make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; or

11.14. attempt to do or assist or permit any person in engaging in any of the acts described in this Section 12 (Prohibited Activities).

12. THIRD-PARTY TERMS.

12.1. Third-Party Services and Linked Websites. The Services may display, include or make available services, content, data, information, applications or other materials from third-parties, including, but not limited to, Privy Wallets, Third-Party NFTs, and Third-Party Sources (collectively “Third-Party Materials”). We provide access to Third-Party Materials only as a convenience to you and do not have control over their content, do not warrant or endorse, and are not responsible for the availability or legitimacy of the content, products, or services on or accessible from those Third-Party Materials (including any related websites, resources, or links displayed therein). We make no warranties or representations, express or implied, about such Third-Party Materials, the third parties they are owned and operated by, the information contained on them, or the suitability of their products and services. Use of any Third-Party Materials is subject to any terms and conditions governing the Third-Party Materials. You acknowledge sole responsibility for and assume all risk arising from your use of any Third-Party Materials. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Freee will have no control over the information that has been shared.

12.2. Third-Party Software. The Services may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Services is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

13. PRIVACY POLICY.

Our Privacy Policy describes how we handle the information you provide to us when you use the Services. For an explanation of our privacy practices, please visit our Privacy Policy located at here.

14. TERM AND TERMINATION.

14.1. Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Services and ending when terminated as described in Section 14.2 (Termination).

14.2. Termination. If you violate any provision of these Terms, then your authorization to access the Services and these Terms will automatically terminate. Without limiting any other provision of these Terms, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Services (including blocking certain IP or device addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms or of any applicable law or regulation. We may terminate your use or participation in the Services or delete any User Content or information that you Post at any time, without warning, in our sole discretion. You may terminate your account and these Terms at any time by contacting customer service at app@freee.xyz.

14.3. Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Services; (ii) you will no longer be authorized to access your account or the Services; (iii) you must pay Freee any unpaid amount that was due prior to termination; and (iv) all payment obligations accrued prior to termination, all definitions, and Sections 6 (Ownership; Proprietary Rights), 7.1 (Limited License Grant to Freee), 7.2 (Specific Rules for Photographs and Images), 7.3 (Specific Rules for Musical Works and for Recording Artists), 7.5 (User Content Disclaimer), 14.3 (Effect of Termination), 18 (Limitations of Liability), 19 (Indemnification), 20 (Miscellaneous), and 21 (Notice Regarding Apple) will survive. You are solely responsible for retaining copies of any User Content you Post to the Services since upon termination of your account, you may lose access rights to any User Content you Posted to the Services. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

15. SERVICES MODIFICATIONS AND INTERRUPTIONS.

15.1. Modification of the Services. We reserve the right to change, modify, or remove any portion of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services. You should retain copies of any User Content you Post to the Services so that you have permanent copies in the event the Services is modified in such a way that you lose access to User Content you Posted to the Services.

15.2. Availability of the Services. We cannot guarantee the Services will be available at all times. Although not offered as part of the Services, the Freee Network, for example, may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in network outrages, failed transactions, interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

16. MODIFICATIONS OF THESE TERMS.

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Services. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Services. Except as expressly permitted in this Section 16 (Modifications of These Terms), these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms. Notwithstanding the preceding sentences of this Section 16, no revisions to these Terms will apply to any dispute between you and Freee that arose prior to the date of such revision.

17. DISCLAIMERS; NO WARRANTIES BY FREEE.

17.1. THE SERVICES, THE FREEE PROTOCOL, ALL MATERIALS AND CONTENT AVAILABLE ON OR THROUGH THE SERVICES , ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES, AND THE FREEE PROTOCOL IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES, THE FREEE PROTOCOL, AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, 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 AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (i) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS AS A RESULT OF YOUR USE OF THE SERVICES, THE FREEE PROTOCOL (ii) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, THE FREEE PROTOCOL (iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (iv) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, THE FREEE PROTOCOL(v) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES, THE FREEE PROTOCOL BY ANY THIRD PARTY, (vi) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, THE FREEE PROTOCOL, AND/OR (vii) ANY USER’S ACTIONS OR INACTIONS WITH RESPECT TO THE USE OF THE SERVICES, THE FREEE PROTOCOL. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES (INCLUDING ANY THIRD-PARTY PRODUCTS). ALTHOUGH THERE MAY NOT BE A PURCHASE IN THE TRADITIONAL SENSE, AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

17.2. WE ARE NOT LIABLE TO YOU AND TAKE NO RESPONSIBILITY FOR ANY USE OF CRYPTO ASSETS, NFTS OR USER CONTENT, YOUR WALLET INCLUDING BUT NOT LIMITED TO (i) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (ii) SERVER FAILURE OR DATA LOSS; (iii) UNAUTHORIZED ACCESS OR USE; (iv) ANY USER'S OR UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST YOU (E.G., “RUG PULLS” OR OTHER SCAMS), THE SERVICES, THE FREEE PROTOCOL, NFTS; (v) FLUCTUATIONS IN THE PRICE OF NFTS OR ANY OTHER CRYPTO ASSETS; OR (vi) ANY LOSSES OR INJURY DUE TO A VULNERABILITY, FAILURE, OR DEGRADED PERFORMANCE OF SOFTWARE, BLOCKCHAINS, OR ANY OTHER FEATURES OF THE NFTS, THE FREEE PROTOCOL.

17.3. Blockchain and Wallet Disclaimer. You accept and acknowledge that there are risks associated with holding or using NFTs and using the Ethereum network, including but not limited to, the risk of losing access to your address due to loss of private keys, seed phrases, passkeys, or other credentials, or an unauthorized third party gaining access to same, and the risk of unknown vulnerabilities in the token smart contract code or the network protocol. You agree to take all reasonable steps to protect your Wallet credentials including passwords, passkeys, pin codes, and access to your devices for authentication, including SMS or multi-factor authentication. You agree to comply with all third party terms associated with Wallets that are linked to the Services. You acknowledge and accept all such risks described in this paragraph and release us completely from all liability that may arise as a result of any one or more of these things occurring. You accept and acknowledge that we will not be responsible for any losses, failures, disruptions, errors, distortions, or delays you may experience when minting, bidding, holding, accepting bids, or otherwise using the Freee Protocol however caused.

17.4. Risk from Hacking and Theft. Hackers may seek to access your Wallet through multiple means, including, but not limited to, phishing and other fraudulent communications. FREEE WILL NEVER PROVIDE ACCESS TO OFFERS OR PROMOTIONS THROUGH DISCORD MESSAGES OR LINKS, AND YOU SHOULD NEVER CLICK ON ANY LINK ON DISCORD TO AN OFFER OR PROMOTION CLAIMING TO BE FROM FREEE EVEN IF IT APPEARS TO ORIGINATE FROM FREEE. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES THAT ARISE FROM YOUR CLICKING ON ANY LINKS FROM A THIRD PARTY, EVEN IF SUCH THIRD PARTY APPEARS TO BE FREEE, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSSES ARISING FROM THE THEFT OR UNAUTHORIZED USE OF YOUR WALLET CREDENTIALS.

17.5. No Investment Advice. The Services are not intended to provide legal, tax, investment or insurance 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 financial instrument by us or any third party. You are solely responsible for determining whether any investment, investment strategy or related transaction is appropriate for you based on your investment objectives, financial circumstances and risk tolerance. You are solely responsible for determining what, if any, taxes apply to your transactions using the Services. You should consult your legal, investment or tax professional regarding your specific situation. We do not make any representations regarding the benefits or results that you or any third party shall receive from the Services.

17.6. Valuation of NFTs and Assumption of Risk. Freee does not endorse, approve of, or take any responsibility in determining any particular NFT’s value, or make any warranty about the suitability of any NFT for ownership or trading. The prices and value of NFTs are volatile and subjective, and have no guaranteed value. Freee does not and cannot guarantee that any NFT purchased through the Services will retain any particular value. You acknowledge that to the extent any NFT has value, any NFT may drop in value for many reasons, and Freee will have no responsibility for determining value or making up any losses in value to you. You agree to assume all risk associated with the use and value of NFTs, including the risk that an NFT may have no value in the future. You also agree not to create or use NFTs in any way that would violate applicable laws, including US securities laws.

17.7. Novel and Experimental Technology. The Services, and Freee Protocol rely on novel and experimental technology that may contain bugs, viruses, Trojan horses, or other vulnerabilities, and may be subject to hacks, phishing attempts or other malicious activity, that could result in a complete loss of the crypto assets that you use in connection with the Services,or Freee Protocol. By using the Services, the or Freee Protocol, you acknowledge and agree to use such a novel and experimental technology at your own risk. You further acknowledge and agree that there are certain risks native to cryptographic or blockchain-based systems, which include but are not limited to, private key security, high price volatility, technological vulnerabilities, cybersecurity attacks, and other forms of malicious activity present in the crypto asset ecosystem (e.g., scams, rug pulls). Please do your own due diligence before engaging with the Services, or Freee Protocol whether directly or via any Third-Party Products.

17.8. Legal and Regulatory Developments. The framework for the regulation of crypto assets is rapidly evolving and subject to change. You understand that it is your responsibility to ensure that you are using the Services, the Freee Protocol, and any Third-Party Products in a manner that is consistent with applicable laws, rules, and regulations.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 (DISCLAIMERS; NO WARRANTIES BY FREEE) APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Freee does not disclaim any warranty or other right that Freee is prohibited from disclaiming under applicable law.

18. LIMITATIONS OF LIABILITY.

18.1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE FREEE ENTITIES (DEFINED BELOW) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES, THE FREEE PROTOCOL, THIRD-PARTY PRODUCTS, OR ANY MATERIALS OR CONTENT ON THE SERVICES, OR ANY THIRD-PARTY PRODUCT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

18.2.THE AGGREGATE LIABILITY OF THE FREEE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICES, THE FREEE PROTOCOL, ANY THIRD-PARTY PRODUCT, OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (i) THE AMOUNT YOU HAVE PAID TO FREEE FOR ACCESS TO AND USE OF THE SERVICES IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (ii) $100.00 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

18.3. WE ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMANCE OF OUR OBLIGATIONS UNDER THESE TERMS ARISING OUT OF OR CAUSED, DIRECTLY OR INDIRECTLY, BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL INCLUDING WITHOUT LIMITATION ACTS OF GOD, EARTHQUAKES, FIRES, FLOODS, WARS, CIVIL OR MILITARY DISTURBANCES, ACTS OF TERRORISM, SABOTAGE, STRIKES, EPIDEMICS, PANDEMICS, RIOTS, POWER FAILURES, COMPUTER FAILURE, AND ANY SUCH CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL AS MAY CAUSE INTERRUPTION, LOSS OR MALFUNCTION OF UTILITY, COMPUTER (HARDWARE OR SOFTWARE) OR TELEPHONE COMMUNICATION SERVICE, ACCIDENTS, LABOR DISPUTES, ACTS OF CIVIL OR MILITARY AUTHORITY, OR GOVERNMENTAL ACTIONS.

18.4. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 (LIMITATIONS OF LIABILITY) WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

19. INDEMNIFICATION.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold us and our subsidiaries, affiliates, and all of our respective officers, directors, managers, members, shareholders, agents, partners, insurers, consultants and employees (collectively, the “Freee Entities”), from and against every claim brought by a third party, and any related loss, damage, liability, including reasonable attorneys’ fees and expenses, due to or arising out of: (i) your use of the Services, the Freee Protocol; (ii) your breach of these Terms; (iii) any breach of your representations and warranties set forth in these Terms; (iv) your violation of the rights of a third party, including, but not limited to, intellectual property rights; (v) any harmful act toward any other user of the Services, Freee Protocol with whom you connected via the Services; or (vi) any dispute or issue between you and any third party. Notwithstanding the foregoing, we reserve the right, at our expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us (without limiting your indemnification obligations with respect to that matter), and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

20. MISCELLANEOUS.

20.1. General Terms. These Terms and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. These Terms operate to the fullest extent permissible by law. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign any or all of our rights and obligations to others at any time without notice or consent. If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Services. You agree that these Terms will not be construed against us by virtue of having drafted them. Throughout these Terms the use of the word “including” means “including, but not limited to.” You hereby waive any and all defenses you may have based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these Terms.

20.2. Corrections. There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

20.3. Contact Us. In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at app@freee.xyz.

20.4. No Support. We are under no obligation to provide support or administrative for the Services . In instances where we may offer support, the support will be subject to published policies.

20.5. Electronic Communications. By visiting the Services, sending us emails, and completing online forms constitute electronic communications, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Services. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. NOTICE REGARDING APPLE.

This Section 21 (Notice Regarding Apple) only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Freee only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Services or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Services. If the Services fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Services. Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and/or use of the Services, including: (1) product liability claims; (2) any claim that the Services fails to conform to any applicable legal or regulatory requirement; or (3) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that the Services and/or your possession and use of the Services infringe a third party’s intellectual property rights. You agree to comply with any applicable third-party terms when using the Services. Apple and Apple’s subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms.

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