This agreement ("Agreement") is a contract between you and ("Nozy", "Service", "us" "our", and "we") and governs your use of the Nozy mobile application and website services (the "Service"). By using the Nozy, you agree to be bound by the following Terms of Service (the "Terms of Service"), whether or not you register as a member ("Member"). We may modify this Agreement occasionally, and such modification shall be effective upon posting by us on the mobile application and website. We may update you on our changes through a pop-up consent dialog, mobile notification, or email. You agree to be bound by any changes to this Agreement when you use the Service after any such modification is posted. This Agreement includes Nozy’s policy for acceptable use and content posted on the mobile application and website, your rights, obligations, and restrictions regarding your use of the mobile application and website. If you do not accept these Terms or our Privacy Policy, please do not use the Service and contact us immediately to terminate your account, whether as a guest or a registered user.

If you are under the age of 18, you may not download or use our Services. We do not knowingly collect or maintain information from children under 18. If you are under the age of 18, you must get your parent or guardian to read and agree to our Terms of Service and Privacy Policy. Please, choose carefully the information you post on our Services and the information you provide to other Members. Your Nozy profile may not include the following items: nude, violent, or offensive images or texts. The information posted by other Service Members may contain inaccurate, inappropriate, or offensive materials, products, or services and Nozy assumes no responsibility or liability for this material. As WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON OUR MEMBERS.

We reserve the right, in its sole discretion, to reject, refuse to post, or remove any posts (including email) by you, or to restrict, suspend, or terminate your access to all or any part of the mobile application and website and/or Services at any time, for any or no reason, with or without prior notice, and without liability.

Terms that will not be tolerated within NOZY:

• Nudity
• Alcohol, tobacco + banned substances
• Abusive language
• Hate Speech/ Crime
• Sending of personal info

1. General

If you consent to receive commercial/ marketing email, text, and other messages from us and agree that we may use your email address, phone number, and other personal information for the purpose of initiating commercial messages, you will be able to opt-out later from settings.

We also collect your email address to create and manage your account. It is used to notify you of actions within the app and if you give us your consent to send you promotional emails such as discounts that are coming up. You can always opt-out of promotional emails, If you want to opt-out of these emails you can do so easily from your account settings.

We reserve the right to change these Terms of Service at any time. We will notify you through your confirmed email address or within the mobile app and website. You are responsible for keeping yourself apprised of any such changes if you dismiss these notifications. If you object to any Terms of Service or any subsequent changes or you become dissatisfied with our Services in any way, your only option is to delete your account. Your continued use of our Services after we post revised Terms of Service means that you agree to the revisions. You must be at least 18 years old to download our Services. By requesting to use, or using our Services, you represent and warrant that you are not required to register as a sex offender with any government entity.

Our Services are free, but your Internet provider’s or mobile operator’s fees and rates may still apply. However, we do have in-app purchases that you can buy if you want to use some of our extra features.

2. Your Account

• A. Sign In. You may sign in using your email and social accounts. You can read more on our Privacy Policy, which has detailed information on what information is used.
• B. Content Publicity. The Service enables Users to create, transmit, and view live-streaming audiovisual content (the “Broadcast Content”). Meanwhile, all User activities in the Service, including the broadcasting of and commenting on any Broadcast Content, are publicly available. Hence User discretion is recommended as the User is solely responsible for their activities within the Service.
• C. Guest Mode. We provide a guest mode where users may enter into the Nozy app without creating an account (“Guest Mode”). Under Guest Mode, certain features and functions may be restricted, including without limitation, broadcast, comment, and cash-out. Once you replace your terminal devices such as a mobile phone or computer, or your terminal device is damaged, all the data generated during your use of a guest mode may be deleted and cannot be queried or recovered. You shall be responsible for all your losses arising from these circumstances. When you create a Nozy account, all the data generated during your use of a guest mode will be combined with the data of your Nozy account unless you delete your account from settings or by contacting us at [email protected].

3. Information About How You Use the Services

We may collect information about your actions on the Services. This may include information such as the pages and profiles you view, how you use the Services, your purchase history. It can also include the various functions and features that you use, such as the connections you make, other friends or contacts you invite to the Services and profile searches you perform, how often you log in and with what/ which platform you log in from, your IP address and how many profiles you have created, or your use of our applications. Read more on our Privacy Policy.

4. Content Posted on the Mobile Application and Website

4.1. Definitions. As used in these Terms, “User Content” means any content, whether displayed publicly or not, that Users upload, post, or transmit (collectively, “Post”) to or through the Service, including but not limited to, any Broadcast Content, comments text, photographs and sound recordings, and private communications, excluding any and all “Company Content,” which is defined as content that the Company provides to Users in or via the Service, including without limitation, any text, graphics, photos, software, and interactive features.

4.2. No User Content Screening. Users have the ability to post User Content to or transmit through the Service. While we endeavor for all User Content to comply with our Community Guidelines, we do not pre-screen any User Content submitted or publicly Posted by any User. We do however have the right, to delete, disallow, or temporarily block any User Content that (i) we consider being in violation of these Terms, our Community Guidelines, or any applicable laws and regulations, or (ii) in response to any complaint(s) from other Users, with or without notice. The Company does not guarantee the accuracy, integrity, truthfulness, appropriateness, or quality of any User Content, and any use or reliance by you on any User Content is at your own risk and Nozy shall not be held liable for such User Content under any circumstance.

4.3. Advertisements. The Service may also contain advertisements. Upon accessing and using the Service, you agree that we, our affiliates, and our third-party partners may place advertising in the Service, including personalized advertising based upon the information you provide, or we collect or obtain from you. Because the Service contains content that you and other Users provide us, advertising may sometimes appear near, between, over, or in your User Content.

4.4. Waiver of Rights to Review User Content. By posting User Content to or through the Service, you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You also waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or through the Service.

4.5. You understand and agree that our Services may review and delete any content, message, photo, profile, video, sound, musical work, works of authorship, or any other materials (collectively, "Content") that is in the sole judgment of us.

4.6. You are solely responsible for the Content that you publish or display (hereinafter, "post") on the Service or any material or information that you transmit to other Members.

4.7. By posting any Content to the public areas of the mobile application and website, you hereby grant us the non-exclusive, fully paid, worldwide license to use, reproduce, publicly perform and display such Content on the mobile application and website, including without limitation distributing part or all of the mobile application and website in any media formats and through any media channels. You represent and warrant that: (i) you own the Content posted by you on the mobile application and website or otherwise have the right to grant the license set forth in this section, and (ii) your Content does not violate the privacy rights, publicity rights, copyright rights, or other intellectual property rights of any person. You agree to pay all royalties and fees owing any person by reason of any Content you post on the mobile application and website.

4.8. The following is a partial list of the kind of Content that is illegal or prohibited on the mobile application and website. We reserve the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators.

4.9. In consideration of Nozy allowing you to use the Services, you agree that we, our affiliates, and our third-party partners may place advertising on the Services. By submitting suggestions or feedback to us regarding our Services, you agree that we may use and share such feedback for any purpose without compensating you.

4.10. You agree that we may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

4.11. Termination for Breach. If you breach any obligations under these Terms and any Additional Agreements, we may terminate your account and confiscate any Virtual items you may have acquired. For clarity, if we determine (i) you obtained Virtual items through improper, fraudulent or injurious methods or had participated in or was involved in fraudulent activities that may harm the interest of Nozy or any user on Nozy, including but not limited to, involved in credit card fraud, unauthorized use of credit card, profit from Nozy system bugs, participate in hacker attack; or (ii) any of your broadcasting or comments text, photographs, sound recordings and private communications in violation of the applicable laws, regulations, Nozy community policies, or Terms of Service (including but not limited to racist, xenophobic, revisionist, obscene, pornographic, offensive, abusive, libellous, slanderous or of prejudice in any way to the honour or reputation of any third party, incite people to discrimination, hatred, violence, to commit a crime or offence or to consume illegal substances) or tarnish the reputation of Nozy brands or staff, we may ban your account or device ID, confiscate any and all Virtual items and currency in your account immediately with or without prior notice. We reserve the right to pursue civil and criminal charges and penalties in such cases.

5. Prohibited Activities

We reserve the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way we regard as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

• impersonate any person or entity.
• solicit money from any users.
• harm, stalk, or otherwise harass another.
• impersonate, or misrepresent your relationship with, any person or entity (this includes pretending to be minor if you are not)
• upload or transmit any Content that you do not have a right to make available, or that infringes any patent, trademark, trade secret, copyright, privacy, or other proprietary rights of any party.
• express or imply that any statements you make are endorsed by us without our specific prior written consent.
• use the Service in an illegal manner or to commit an illegal act.
• access the Service in a jurisdiction in which it is illegal or unauthorized.
• ask or use users to conceal the identity, source, or destination of any illegally gained money or products.
• use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
• upload or transmit software viruses or any other harmful computer code, files, or programs, or use any data mining, robots, or similar data gathering or extraction methods.
• collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
• interfere with or disrupt the Service or the servers or networks connected to the Service.
• transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, or telecommunications equipment.
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through the use of third-party software).
• “frame” or “mirror” any part of the Service, without our prior written authorization.
• use meta tags or code or other devices containing any reference to our Services or the Service (or any trademark, trade name, service mark, logo, or slogan of our Services) to direct any person to any other mobile application and website for any purpose.
• modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service any software used on or for the Service, or cause others to do so.
• post, use, transmit, or distribute directly or indirectly (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
• register accounts or post Content automatically, systematically, or programmatically.
• Create unnecessary amounts of accounts. If we determine you have created various accounts to spam, misinterpret, or for any other malicious reasons we reserve the right to terminate your account without notice.
• Post content that is patently offensive and promotes racism, sexism, bigotry, hatred, or physical harm of any kind against any group or individual, any content that is obscene, pornographic, or otherwise may offend human dignity.
• Harass or advocate harassment of another person or contains language which could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
• Involve in the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" or pyramid scams;
• Promote an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
• Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;

5.1. You must use the Service in a manner consistent with any and all applicable laws and regulations.

5.2. You may not include in your publicly accessible Member profile any telephone numbers, street addresses, last names, URLs, usernames from any social platforms, or email addresses.

5.3. You will not attempt to circumvent any content-filtering techniques we employ or attempt to access areas or features of the Service that you are not authorized to access; and

5.4. We reserve the right to freeze your account if we see that your actual location is different from the location you provided, or your IP address changes continuously varying between countries. You agree that all information that you submit upon creation of your account is accurate and truthful and you have the right to post the Content on the Service and grant the license to Nozy. You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

6. Your Interactions with Other Users

Though we strive to encourage a respectful user experience, it is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), wire, or otherwise send money, to other users. You are solely responsible for your interactions with other Members. We reserve the right but have no obligation, to monitor disputes between you and other Members.

7. No Spam Policy

You may not engage in any activity involving spam on our Services. Violations of this policy may result in immediate termination of service and legal action against any spammer. Accordingly, you may not upload, post, email, transmit or otherwise make available junk mail, commercial advertisements, or any other form of commercial solicitation on our Services. Violations of this policy could subject you or your agents to civil and criminal penalties.

8. Modifying the Services and Termination

We are always striving to improve the Services and bring you the additional functionality that you will find useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Services entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason. We may terminate your account at any time without notice if we believe that you have violated this Agreement.

9. Eligibility

Membership in the Service is void where prohibited. By using the Service, you represent and warrant that all registration information you submit is truthful and accurate. You represent and warrant that you are 18 years of age or older and that your use of the Service shall not violate any applicable laws or regulations. Your profile may be deleted without warning if it is found that you are misrepresenting your age. Your Membership is solely for your personal use, and you shall not authorize others to use your account, including your profile or email address. You are solely responsible for all Content published or displayed through your account, including any email messages, and for your interactions with other members.

10. Virtual Currency

10.1 Virtual Currency

When you purchase or receive Virtual Currency products you do not own them. Instead, you receive a limited right to use them for eligible services and merchandise on our Services. You agree that we will have no liability to you based on the exercise of our rights with virtual currencies.

The price for each in-app purchase item will be displayed at the point of purchase. We do not offer refunds for any purchased in-app purchase items. We are not responsible for repairing or replacing in-app purchase items or providing you with any credit or refund in the event that we modify, suspend, or terminate any in-app purchase item programs, or for loss or damage due to any service error, or any other reason. Purchases of Virtual Currency may not be sub-licensed and are non-refundable and non-transferable, even if they expire or are revoked or discontinued. We may change the purchase price for Virtual Currency at any time, as well as the ways you can use Virtual Currency. We reserve the right to revoke or stop issuing Virtual Currency at any time without notice, refund, or compensation, and to set expiration dates for Virtual Currency. Virtual Currency may not be redeemed for any sum of money or monetary value. If you delete your account or your account is terminated for any reason, you will lose all accumulated and unused Virtual Currency without a refund or other compensation. You agree that we will have no liability to you based on the exercise of our rights with respect to Virtual Currency.

To Redeem Diamonds, you will have to verify your account from the appropriate pages. If your account is not fully verified, you may not redeem your Diamonds. All unused in-app purchase items in your account are forfeited if you delete your account or your account is terminated, banned, or suspended for any reason.

10.2 Payment Method

a) Paid Services

Paid Services may be purchased through your accounts with certain third parties, such as your Apple iTunes account or your Google Play account (a “Third Party Account”). If you purchase any Paid Services through a Third-Party Account, billing for these Paid Services will appear through your Third-Party Account. You should review the Third-Party Account’s Terms of Service, which we do not control.

10.3 Virtual Gifts

a. The Services may offer a feature allowing you to “purchase” (i) virtual currency, including virtual coins (“Coins”) for use in the Service, or (ii) virtual in-Service items (“Gifts” and together with Coins, “Digital Gifts”). You acknowledge and agree that the purchase of any Digital Gifts by you must be made lawfully and with actual currency. Any Digital Gifts that are gifted to a Broadcaster User (or received thereby) are converted in the Broadcaster User’s account to, and are referred to herein as, “Diamonds”. Notwithstanding your purchase or possession of Digital Gifts, you acknowledge and agree that you do not in fact own the Digital Gifts, and the amounts of any Digital Gifts in your Nozy account do not refer to any credit balance of real currency or its equivalent. Instead, you understand that the license to you from Nozy hereunder to use the Software and Services includes the right to use certain software programs included in the Services that may manifest themselves as these Digital Gifts.

b. Any distribution of Digital Gifts by you is made solely at your discretion. Once you have made a distribution of a Digital Gift to another user, such action cannot be refunded or undone, and the Digital Gift cannot be withdrawn.

c. The value (i.e. the exchange rate) of Digital Gifts is determined by Nozy at its sole discretion, and Nozy further reserves the right to modify the exchange rate between actual currency and Digital Gifts from time to time, with or without reason, in its sole discretion. By your use of the Services, you confirm your understanding of and accept the then-current exchange rate of any Digital Gifts at the time of your purchase.

d. Any virtual currency balance shown in your Nozy account does not constitute a real-world balance or reflect any stored value. You will not be able to sell Digital Gifts, whether in exchange for virtual or real currency credited back to your Nozy account or otherwise, nor will you be able to receive a refund of virtual or real currency for Digital Gifts (including any virtual currency), including if your access to the Services has been suspended, limited or terminated by you or by Nozy.

e. In the event your Nozy account balance with respect to Digital Gifts is incorrect due to system maintenance or other technical failures as determined by Nozy in its sole discretion, Nozy will use commercially reasonable efforts to correct your Nozy account balance. You may contact us regarding your account balance, purchases of Digital Gifts, and/or distributions of Digital Gifts at [email protected].

f. You acknowledge and agree that your distribution of Digital Gifts to a Broadcaster User may result in some revenue for the Broadcaster User. Nozy makes no representation or guarantees that the amount or value in your Nozy account of any Digital Gift you distribute to a Broadcaster User will correlate in any way to the value of the Diamonds received by the Broadcaster User, or to the revenue such Broadcaster User may receive from Nozy. The amount of revenue delivered to a Broadcaster User in exchange for Diamonds or otherwise, if any, is determined by Nozy at its sole discretion.

g. Your use of any Digital Gifts must be solely for legitimate purposes within the Services and must comply with these Terms of Service and with all applicable laws at all times. You acknowledge and agree that Nozy may change, modify or update the terms of sale in connection with Digital Gifts from time to time and that such revised terms will apply to all subsequent purchases of any Digital Gifts, and you further agree that you will review these Terms and Conditions and any terms regarding the sale of Digital Gifts prior to making any purchase.

h. You must distribute the Digital Gifts in your Nozy account by no later than 90 days after such Digital Gifts have been purchased (“Distribution Period”). Nozy reserves the right to permanently confiscate from your Nozy account any Digital Gifts not distributed within the Distribution Period or in the event that Nozy determines, in its sole discretion, that you have not logged in to your Nozy account during such 90-day period.

i. Nozy takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, Nozy reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Digital Gifts from your Nozy account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. Nozy will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that Nozy’s determination, in its sole discretion, shall be final and binding on you.

11. Disclaimers

We are not responsible for any incorrect or inaccurate Content posted on the mobile application and website or in connection with the Service provided, whether caused by users of the mobile application and website, Members, or by any of the equipment or programming associated with or utilized in the Service. We are not responsible for the conduct, whether online or offline, of any user of the mobile application and website or Member of the Service. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, or unauthorized access to, or alteration of, any user or Member communication. our Services is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, wireless phones or other devices, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any mobile application and website or a combination thereof, including any injury or damage to users and/or Members or to any person's computer related to or resulting from participation or downloading materials in connection with the mobile application and website and/or in connection with the Service. Under no circumstances shall Services be responsible for any loss or damage, including personal injury or death, resulting from the use of the mobile application and website or the Service or from any Content posted on the mobile application and website or transmitted to Members, or any interactions between users of the mobile application and website, whether online or offline. The mobile application and website and the Service are provided "AS-IS" and Services expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Nozy cannot guarantee and does not promise any specific results from the use of the mobile application and website and/or the Service. We take no responsibility for third-party advertisements which are posted on Service's mobile application and website or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers.

12. U.S. Export Controls

Software from this mobile application and website (the "Software") is further subject to United States export controls. No Software may be downloaded from the mobile application and website or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

13. Disputes

You agree that any dispute relating in any way to these Terms of Service or Nozy including without limitation your or third-parties’ access to or use of our Services, will be resolved by binding arbitration and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future.

14. Indemnity

You agree to indemnify and hold Nozy and its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above.

15. No Agency

There is no agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship between Nozy and any User of the Service.

16. Broadcasters

The use of services via which you are able to create and transmit live stream audiovisual content (“Broadcasting Services” and “Broadcast Content”, respectively) through the use of the Nozy software programs and related documentation being installed or used by you on any of your devices (the “Software”). by providing Broadcasting Services through the Software, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS AGREEMENT (INCLUDING ANY ADDITIONAL GUIDELINES AND FUTURE MODIFICATIONS).

1. Eligibility and Additional Restrictions.

(a) You may only be a Broadcaster User if you are eighteen (18) years of age or older, and any transmitting of Broadcast Content by anyone under eighteen (18) is unauthorized, unlicensed, and in violation of this Agreement.

(b) You are solely responsible for the completeness, truth, and accuracy of any Broadcast Content transmitted or displayed by you in the Software using the Broadcasting Services. Any Content transmitted by you will be considered non-confidential and non-proprietary. Without derogating from the above, you shall possess all authorizations, licenses, consents, and permissions necessary to publish or distribute any of the Broadcast Content to any person (including the right of Nozy to use such Broadcast Content in accordance with the TOS).

(c) The Broadcasting Services are for personal use only. You shall not allow others to use the Broadcasting Services through your Nozy account. If your access to the Broadcasting Services has been suspended, limited, or terminated by Nozy, you shall not create another Nozy account or request others to create another Nozy account in your favor.

2. Diamonds

(a) Any Digital Gifts that are gifted to you by another user in the Services (or received by you) are converted in your account to, and are referred to herein as, “Diamonds”. Notwithstanding your receipt or possession of Diamonds, you acknowledge and agree that you do not in fact own the Diamonds, and the amounts of any Diamonds in your Nozy account do not refer to any credit balance of real currency or its equivalent.

(b) Nozy makes no representation or guarantees that the amount or value of any Digital Gift distributed to you by another user will correlate in any way to the value of the Diamonds received by you, or to the revenue, you may receive from Nozy. The amount of revenue delivered to you in exchange for Diamonds or otherwise, if any, is determined by Nozy in its sole discretion.

(c) Any virtual currency balance shown in your Nozy account does not constitute a real-world balance or reflect any stored value. However, in the event that your Nozy account balance with respect to Diamonds will reach a minimum threshold, as shall be determined by Nozy from time to time, in its sole discretion (“Redemption Threshold”), you will be able to redeem Diamonds, in exchange for cash to your account in the Nozy’s electronic payment provider. Nozy reserves the right to permanently confiscate from your Nozy account any un-redeemed Diamonds in the event that Nozy determines, in its sole discretion, that you have not logged in to your Nozy account during a period of 90 days. In addition, you will not be able to redeem Diamonds if your access to the Broadcasting Services has been suspended, limited, or terminated by you or by Nozy.

(d) The value (i.e. the exchange rate) of Diamonds is determined by Nozy in its sole discretion, and Nozy further reserves the right to modify the exchange rate between Diamonds and US Dollars from time to time, with or without reason, in its sole discretion. By your use of the Broadcasting Services, you confirm your understanding of and accept the then-current exchange rate of any Diamonds at the time of their redemption.

(f) In the event your Nozy account balance with respect to Diamonds is incorrect due to system maintenance or other technical failures as determined by Nozy in its sole discretion, Nozy will use commercially reasonable efforts to correct your Nozy account balance. You may contact us regarding your Nozy account balance at [email protected]

(g) Nozy takes fraud seriously. Please note that in addition to taking any desirable or necessary legal action, Nozy reserves the right to terminate your use of the Software and Services and/or to permanently confiscate any Diamonds from your Nozy account that it determines, in its sole discretion, were acquired using fraudulent or otherwise improper means. This includes confiscation of any Diamonds which have been converted from Digital Gifts received by you from another user in which such Digital Gifts were purchased or received fraudulently. Nozy will notify you prior to such confiscation in order to provide an opportunity for you to make an appeal via the Services; provided, however, that Nozy’s determination, in its sole discretion, shall be final and binding on you.

17. Non-commercial Use by Members

The mobile application and website are for the personal use of Members only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by the management of our Services. Illegal and/or unauthorized use of the mobile application and website will be investigated. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of membership privileges. Appropriate legal action will be taken by the Service for any illegal or unauthorized use of the mobile application and website.

18. Customer Service

Nozy provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or not to behave inappropriately. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

19. Disclaimer of Warranties

We make no warranty that our Services will meet your requirements, or will be uninterrupted, timely, secure, and error-free. We make no warranty that the results obtained from us will be accurate or reliable. We make no warranty that the quality of products, Services, information, material, or purchased features obtained through our Services will meet your expectations. Any downloaded or obtained material through our Services is done at your own risk. You will be solely responsible for any damage to your or others' devices directly or indirectly from the download of any such material. Some jurisdictions do not allow the exclusion of such warranties or the limitation or the exclusion of liability for incidental or consequential damages. Some of the limitations of the warranty may not apply to you. In such cases, the warranties and liability will be limited to the fullest extent permitted by applicable law.

20. Copyright Policy

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. It is the policy of our Services to terminate membership privileges of any member who repeatedly infringes copyright upon prompt notification to Service by the copyright owner or the copyright owner's legal agent. Without limiting the foregoing, if you believe that your work has been copied and posted on our Services in a way that constitutes copyright infringement, please provide our Designated Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on our Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our Services' Designated Copyright Agent for notice of claims of copyright infringement can be reached as follows: [email protected]

21. Safety and Security

We do not currently conduct criminal background screenings on our Members. We reserve the right, however, to conduct any criminal background check we deem appropriate, at any time and using available public records. By agreeing to these Terms of Service, you hereby authorize any such check.

22. Account Security

You are responsible for maintaining the confidentiality of the username and password you designate during the registration process, and you are solely responsible for all activities that occur under your username and password. You agree to immediately notify us of any disclosure or unauthorized use of your username or password or any other breach of security at [email protected] and ensure that you log out from your account at the end of each session.

23. Dealings With Advertisers

Your correspondence or dealings with, or participation in promotions of, advertisers found on or through our Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and the advertiser. We will not be liable to you for any failure by an advertiser to provide any service or product you ordered from it.

24. Links

The sites linked to the Nozy mobile application and website are developed by people over whom we exercise no control Nozy cannot and does not screen the sites. Some people may find these sites objectionable, inappropriate, or offensive. We cannot guarantee that our Services will not link to unintended or objectionable content and assume no responsibility for the content of any site linked to by the Services.

25. Limitation on Liability

In no event shall our Services be liable to you or any third-party for any indirect, consequential, exemplary, incidental, special, or punitive damages including lost profit damages arising from your use of the mobile application and website or the Service even if our Services have been advised of the possibility of such damages.

Nozy's liability to you for any cause, whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the Service during the term of Membership.

26. Disputes and Arbitration

You agree that any dispute relating in any way to these TOS or Nozy, including without limitation your or third parties access to or use of Nozy, will be resolved by binding arbitration as discussed below and not through litigation in any court (except in small claims court if the claim is within the court’s jurisdiction and proceeds on an individual basis). Claims are subject to arbitration, regardless of what theory they are based on or whether they seek legal or equitable remedies. Arbitration applies to any and all such claims or disputes, whether they arose in the past, may currently exist, or may arise in the future. This arbitration agreement is entered into pursuant to the Federal Arbitration Act, 9 U.S.C. §§1-16 (FAA).

YOU HAVE THE RIGHT TO OPT OUT OF THIS AGREEMENT TO ARBITRATE IF YOU TELL US WITHIN 60 DAYS OF YOUR FIRST DOWNLOAD OR USE OF NOZY THAT YOU WANT TO OPT OUT. IF YOU WANT TO OPT-OUT, SEND A WRITTEN NOTICE ADVISING US OF YOUR DECISION. UNLESS YOU OPT-OUT OF ARBITRATION, YOU ARE WAIVING THE RIGHT TO HAVE A DISPUTE HEARD BEFORE A JUDGE OR JURY, OR OTHERWISE TO BE DECIDED BY A COURT OR GOVERNMENTAL TRIBUNAL.

YOU AGREE NOT TO (1) SEEK TO PROCEED ON ANY CLAIM IN ARBITRATION AS A CLASS CLAIM OR CLASS ACTION OR OTHER COMPARABLE REPRESENTATIVE PROCEEDING; (2) SEEK TO CONSOLIDATE IN ARBITRATION ANY CLAIMS INVOLVING SEPARATE CLAIMANTS; (3) BE PART OF, OR BE REPRESENTED IN, ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION BROUGHT BY ANYONE ELSE; NOR (4) SEEK ANY AWARD OR REMEDY IN ARBITRATION AGAINST OR ON BEHALF OF ANYONE WHO IS NOT A NAMED PARTY TO THE ARBITRATION. IF THESE TERMS RELATING TO CLASS OR REPRESENTATIVE PROCEDURES ARE LEGALLY UNENFORCEABLE FOR ANY REASON, THEN THIS AGREEMENT TO ARBITRATE WILL BE INAPPLICABLE TO THAT CLAIM, AND THAT CLAIM WILL INSTEAD BE HANDLED THROUGH LITIGATION IN COURT RATHER THAN BY ARBITRATION. NO ARBITRATOR SHALL HAVE AUTHORITY TO ENTERTAIN ANY CLAIM ON BEHALF OF A PERSON WHO IS NOT A NAMED PARTY, NOR SHALL ANY ARBITRATOR HAVE AUTHORITY TO MAKE ANY AWARD FOR THE BENEFIT OF, OR AGAINST, ANY PERSON WHO IS NOT A NAMED PARTY.

Arbitration under these TOS and the Privacy Policy shall be conducted by a single arbitrator under the then-current rules of the American Arbitration Association (AAA), at the election of the party filing a claim in arbitration. That organization will apply its rules in effect at the time the arbitration claim is filed. If there is a conflict between those rules and this arbitration provision, this arbitration provision, and the TOS will control. Notwithstanding anything to the contrary in any current or future such rules or governing law, the arbitrator shall have no power to vary the terms of the TOS or to award either party attorneys’ fees. In the event that JAMS or the AAA is unable to handle the arbitration for any reason, then the matter shall be arbitrated by a neutral arbitrator selected by agreement of the parties, pursuant to the AAA rules of procedure.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. We will pay any costs that are required to be paid by us under the arbitration administrator’s rules.

27. Permitted Time For Filing A Claim or Lawsuit

Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of Nozy or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

28. How To Make Claims Of Copyright Or Other Intellectual Property Infringement

We respect the intellectual property of others and ask our users to do the same. We may, in our sole discretion, disable or terminate the accounts of users whom we believe may be infringing the intellectual property rights of others.

If you believe your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights have been otherwise violated, please provide us with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
• Please provide claims of copyright or other intellectual property infringement to us at [email protected]. We will consider the information you provide and other information we may obtain, and we may remove Content that we determine may infringe on your rights in our sole discretion.

29. Deleting Your Account

You can delete your account by going to Settings and clicking the tab to delete your account.

30. Other

This Agreement is accepted upon your use of the mobile application and website and is further affirmed by you becoming a Member of the Service. This Agreement constitutes the entire agreement between you and Nozy regarding the use of the mobile application and website and/or the Service. The failure of Nozy to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Please, contact us with any questions regarding this Agreement. Nozy is a trademark of Fepar A.S and its parent companies. I have read this Agreement and agree to all of the provisions contained above.

These TOS were written in English. If you are reading a translation and it conflicts with the English version, please note that the English version controls.

31. Our Contact Information

If you have questions regarding these Terms of Service, please contact us.

Web: www.nozy.live

Email: [email protected]