Terms of Use

We reserve the right, in our sole discretion, to change, modify or otherwise alter any or all of these Terms of Use at any time, without prior notice. We may update these Terms of Use from time to time. If we make material changes, we will provide notice by posting the updated Terms of Use on the Properties, sending an email to the address associated with your account (if any), or through another reasonable method. Changes will become effective when posted or as otherwise communicated.

We encourage you to review these Terms of Use periodically and check the "Last Updated" date for any changes. By continuing to use the Properties or Services after updated Terms of Use are posted, you agree to the revised Terms of Use. These Terms of Use represent the complete agreement between you and Candy Digital regarding your use of the Properties and Services and replace any prior agreements relating to them.

In addition, our Privacy Policy, Cookies Policy and all additional terms, guidelines, and rules set forth on the Properties are hereby incorporated by reference into these Terms of Use. By agreeing to these Terms of Use, you acknowledge receipt and understanding of the Privacy Policy and Cookies Policy and such other additional terms, guidelines and rules.

Certain provisions of these Terms of Use may be superseded by expressly designated legal notices, rules or other terms located on particular pages of the Properties, and, additionally, in order to participate in or use certain Services you may be required to agree to additional or different terms and conditions (“Additional Terms”) including, without limitation:

• auction terms (including terms applicable to auctions conducted via Basta or any other auction platform used by Candy Digital from time to time);
• burn promotion terms;
• reward terms;
• promotion terms; and
• other terms applicable to specific Services or features.

You can locate potentially applicable Additional Terms at www.candy.io, although not all Additional Terms may be listed there. If you have any questions about which (if any) Additional Terms apply to your purchase, please email us at fan-help@candy.io, customer-support@candy.io or such other user support email addresses we may provide you from time to time.

Sales hosted on Third Party Sites (defined in Section 14 below) are governed by the Third Party Sites' Additional Terms and any other applicable Additional Terms (which are incorporated herein and are in addition to, and not in lieu of, these Terms of Use).

In the event of any conflict between these Terms of Use and any applicable Additional Terms, such Additional Terms shall control with respect to their subject matter. Silence with respect to a particular term in either these Terms of Use or any Additional Terms does not constitute a conflict.

Candy Digital may make a variety of services available to you via your use of and access to the Properties, including your access to and use of any content, tools, features and functionality offered through the Properties (the "Services"). Subject to any Additional Terms, our Services include:

a) Direct Purchases

The Properties are designed to facilitate the purchase (including through auctions conducted via Basta or any other platform designated by Candy Digital from time to time), redemption, and collection of certain non-fungible tokens (“NFTs”) minted by Candy Digital and recorded on the Solana blockchain or another blockchain selected by Candy Digital, subject to your compliance with these Terms of Use.

Each NFT will be associated with certain digital media and metadata, which may include, as applicable, artwork, content, graphics, images, designs, logos, drawings, photographs, text, taglines, or video or audio recordings or any image, name or likeness of any individual (collectively the “NFT Media” and, together with the NFT, the “Collectible”).

The Collectible is a good you purchase or receive. Upon such purchase or receipt and until you transfer the Collectible, (1) you will Own (as defined below) the NFT associated with that Collectible and (2) you will receive a limited license to the NFT Media associated with that Collectible per the terms in the user license at Section 5 of these Terms of Use (“User License”). As used herein, “Own” (and any variations thereof, including “Owns,” “Owned,” “Owner,” or “Ownership”) means with respect to a Collectible, ownership of the NFT associated with a Collectible that a person has rightfully and lawfully purchased, redeemed or acquired from a legitimate source in accordance with these Terms of Use and the User License, where proof of purchase, redemption or acquisition was recorded on the Solana blockchain or such other applicable blockchain network on which the relevant Collectible may from time to time be issued, held or transferred (the “Applicable Blockchain”) and ownership of the NFT can be proven. You do not Own the NFT Media and you will not have any legal Ownership, right, or title to any copyrights, trademarks, or other intellectual property rights thereto.

For clarity, all right, title, and interest in the NFT Media (including all copyrights, trademark rights, and all other intellectual property rights) are Owned by Candy Digital, its licensors, its partners or other third parties, as applicable. These Terms of Use and the User License set forth the sole terms of any licenses to such NFT Media granted to purchasers or redeemers of Collectibles.

You may purchase Collectibles individually or in packs of two or more (“Packs”). There may be different types of Packs available for purchase, and Candy Digital reserves the right to modify the types, prices and numbers of Packs available at its discretion, without notice. Depending on the type of Pack you purchase, you may collect Collectibles of varying levels of scarcity. Before you buy a Pack, Candy Digital may let you know the types of Collectibles (but not the exact Collectibles) that are contained in that Pack. All Packs are purchased without any guarantee as to the specific Collectibles contained therein.

By purchasing a Collectible (a “Purchased Collectible”), you are entitled to certain rights in the Purchased Collectible. Your purchase of, and the transfer of your rights in, the Purchased Collectible is subject to your agreeing to these Terms of Use, any applicable auction terms, and any applicable Additional Terms.

b) Earned Collectibles

You may be able to earn Collectibles for free by participating in certain challenges or marketing campaigns, or as otherwise determined by Candy Digital in its sole discretion. Such earned Collectibles will be subject to the same terms hereunder as Promotional Credits, that is they do not constitute stored value, a deposit, or a balance owed to the user, as well as any applicable Additional Terms.

c) Promotional Credits

We may, from time to time, issue promotional credits, rewards, or similar incentives (“Promotional Credits”) for use on the Properties. Promotional Credits:

• have no cash value;
• are not redeemable or refundable for cash;
• are non-transferable unless expressly permitted in writing by Candy Digital; and
• may expire or be revoked in accordance with the applicable promotion terms.

Promotional Credits may only be used for purchases on the Properties as expressly permitted by Candy Digital. Promotional Credits do not constitute stored value, a deposit, or a balance owed to the user.

Certain content, intellectual property rights, and licenses associated with Collectibles are owned by or licensed from third-party licensors (including, as applicable, sports leagues, athletes, entertainment properties, and other rights holders) (each a “Licensor”). As a condition of those licenses, royalties are payable to Licensors on sales of Collectibles, both primary and secondary, in perpetuity, in accordance with the applicable license agreements.

a) Primary Sales

On each primary sale of a Collectible through the Primary Storefront on the Platform, Candy Digital is responsible for calculating, withholding, and remitting all applicable Licensor royalties from sale proceeds. This process is handled entirely by Candy Digital and has no effect on the purchase price you pay or the transaction you complete as a buyer.

b) Secondary Sales

On secondary sales or transfers of a Collectible for consideration, a royalty is payable in respect of such transactions (the “Secondary Sale Royalty”), in perpetuity. To ensure consistent and transparent royalty enforcement, Collectibles are issued as Metaplex Core assets on the Solana blockchain. The Secondary Sale Royalty is enforced programmatically at the on-chain protocol level, meaning the Secondary Sale Royalty is automatically calculated and deducted from sale proceeds at the point of on-chain settlement, without requiring action by the seller, the buyer, or any Third-Party Marketplace. The Secondary Sale Royalty comprises amounts payable to both the relevant Licensor(s) and Candy Digital, and is distributed by Candy Digital in accordance with the applicable license agreements.

By purchasing a Collectible, you acknowledge and agree that:

• any secondary sale of your Collectible will be subject to the Secondary Sale Royalty, which will be automatically deducted from your sale proceeds at settlement;
• the net proceeds you receive from any secondary sale will reflect the sale price less the applicable Secondary Sale Royalty and any fees charged by the relevant Third-Party Marketplace;
• the Secondary Sale Royalty is distributed by Candy Digital in accordance with its applicable Licensor obligations; and
• Candy Digital makes no representation as to the resale value of any Collectible or the net proceeds of any secondary sale.

The Secondary Sale Royalty is 10% of the gross sale price. Candy Digital reserves the right and may change the Secondary Sale Royalty for future collections. We will notify you of any change to the Secondary Sale Royalty.

c) No Circumvention

The Secondary Sale Royalty is a fundamental condition of your right to hold and transfer Collectibles under these Terms of Use. Any attempt to circumvent, disable, or otherwise avoid the Secondary Sale Royalty - including by conducting off-chain transfers or using technical means to bypass protocol-level enforcement - is a breach of these Terms of Use and your User License, and Candy Digital reserves all rights and remedies available to it in connection with any such circumvention.

All Purchases you make on the Properties you make as a customer and licensee of NFT Media of Candy Digital.

With respect to Purchased Collectibles, Candy Digital and/or its licensors, as applicable, grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable (except in connection with a permitted transfer), non-sublicensable, revocable license to access, use, and display the NFT Media linked to the Purchased Collectible.

For clarity, except for the foregoing license, neither your purchase of the Purchased Collectible nor these Terms of Use grants you any other license or rights to any other intellectual property rights (including, for example, copyright, trademarks, service marks, or rights of publicity) in the NFT Media.

Purchasing a Collectible does not give you Ownership of the NFT Media or of any third-party intellectual property associated with the NFT Media. All rights not expressly granted under this User License are reserved by Candy Digital and its applicable licensors, partners and rights holders.

Without limiting the foregoing and subject to applicable law, and unless otherwise agreed in writing between you and Candy Digital, you may not: (i) commercialize the Purchased Collectible or NFT Media, including in connection with the marketing, advertising, or selling of any third party product; (ii) modify the Purchased Collectible or NFT Media in any way or combine the Purchased Collectible or NFT Media with, or embed the Purchased Collectible or NFT Media into, any digital or other content or media; (iii) use the Purchased Collectible or NFT Media in any manner which infringes upon the intellectual property rights of any person or entity; or (iv) use the Purchased Collectible or NFT Media in connection with or to promote any illegal activity, hate speech, violence, inappropriate or obscene content, or in any other manner which could tarnish or harm the reputation of Candy Digital, its licensors and partners, the Candy Digital Parties (as defined below), or any individual whose name, image, likeness, trademarks, or copyrighted material appears in connection with or is represented by the Purchased Collectible.

Collectibles are digital collectibles offered for their entertainment, collectible, and utility value. They are not securities, investment contracts, or financial instruments, and should not be acquired with an expectation of profit derived from the efforts of Candy Digital or any third party. Candy Digital makes no representation about the future value of any Collectible or the existence of any secondary market(s) for such Collectible.

NFT metadata and associated digital content for all Collectibles are stored on the Arweave decentralized permanent storage network via Candy Digital's managed gateway service provider.

a) Currency and Payment Methods

Purchases through the Primary Storefront are currently processed in U.S. dollars using accepted fiat payment methods. Cryptocurrency payments are not currently supported for Primary Storefront purchases. Candy Digital reserves the right to introduce additional payment methods, including cryptocurrency payments, at any time in its sole discretion.

b) Fees and Charges

The price displayed for a Collectible on the Primary Storefront may not include all applicable fees and charges. Any fees charged by Candy Digital in connection with a purchase will be disclosed prior to checkout. In addition to the listed price, the total amount charged at checkout may include, without limitation:

• applicable taxes;
• payment processing fees;
• marketplace or service fees; and
• blockchain transaction fees ("gas fees") or other network-level charges imposed by the Applicable Blockchain.

Any applicable fees and charges will be displayed before you complete your purchase on the Primary Storefront.

For secondary sales on Third-Party Marketplaces, Candy Digital is not a party to the payment flow. Applicable marketplace fees and the Secondary Sale Royalty will be deducted from sale proceeds by the relevant Third-Party Marketplace. You should review the fee schedule, if any, of any Third-Party Marketplace before listing or purchasing a Collectible on that platform. Candy Digital makes no representation in respect of such activities by any Third-Party Marketplace.

c) Payment Processing

This Section applies to purchases made through the Primary Storefront. Purchases made through Third-Party Marketplaces are subject solely to the payment terms of the applicable Third-Party Marketplace, and Candy Digital is not a party to, and has no liability in connection with, any such Third-Party Marketplace transactions.

When you make purchases through the Properties or Services, including, without limitation, any purchase for Collectibles, you must provide and maintain valid payment information in connection with your account with us (as further discussed herein). You represent and warrant that you are authorized to use the payment method you use via the Properties and/or Services to make any purchase and understand that all payments shall be made in United States Dollars. You authorize us to charge your payment method for the total amount of your purchase price, including all applicable fees and charges. Your order may be suspended or cancelled for any reason, including if the payment method cannot be verified, is invalid or is otherwise not acceptable.

We reserve the right to request additional information or documentation before authorizing any transactions or payouts.

We may use third parties, including Stripe, Inc. (“Stripe”) or any other third-party processor to process payments or authorize transactions. By completing a purchase, you agree to Stripe's or any applicable payment processor’s Terms of Service and Privacy Policy, available at stripe.com. Candy Digital does not store payment card data directly; all payment information is processed and held by Stripe or applicable third-party payment service providers in accordance with applicable PCI-DSS standards. Where we make cryptocurrency payment methods available, such payments may be processed by MoonPay USA LLC (“MoonPay”) or another designated cryptocurrency payment service provider. By completing a purchase using a cryptocurrency payment method, you agree to the terms of service and privacy policy of the applicable cryptocurrency payment service provider. We may also use additional third parties to process payments or authorize transactions in connection with specific Services. Other payment terms for purchases may be set forth in the relevant Additional Terms.

Account registration and/or purchases may require identity verification. In such circumstances, Candy Digital uses Stripe's identity verification services to perform Know Your Customer (“KYC”) checks and anti-money laundering (“AML”) screening on account holders and transactions. By creating an account and/or initiating a purchase, you consent to Candy Digital and Stripe collecting, processing, and retaining identity verification data in accordance with the Privacy Policy. Candy Digital reserves the right to decline to open, suspend, or terminate any account, or to delay, block, or reverse any transaction, based on KYC or AML screening outcomes, without being required to disclose the specific reason where prohibited by law. Candy Digital may report suspicious activity to relevant regulatory or law enforcement authorities as required by applicable law.

We have 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 via the Primary Storefront or Third-Party Marketplaces, or any other payment or transactions that you conduct via the Properties or Services. Except as required by applicable law or as expressly determined by Candy Digital in its sole discretion, all purchases are final and non-refundable. Initiating a payment dispute or chargeback with your payment provider does not constitute or create an entitlement to a refund and Candy Digital reserves the right to contest any such dispute or chargeback and to suspend or terminate the account of any user who initiates a chargeback in bad faith.

d) Taxes

You will be solely responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments (except taxes on our net income) now or hereafter claimed or imposed by any governmental authority associated with your use of the Properties or Services.

Except for income taxes for which we are responsible, you: (a) will pay or reimburse us for all national, federal, state, local or other taxes and assessments of any jurisdiction, including value added taxes and taxes as required by international tax treaties, customs or other import or export taxes, and amounts levied in lieu thereof based on charges set or payments made hereunder, as are now or hereafter may be imposed under the authority of any national, state, local or any other taxing jurisdiction; and (b) will not be entitled to deduct the amount of any such taxes, duties or assessments from payments made to us pursuant to these Terms of Use. For the avoidance of doubt, you understand that such taxes may be levied or otherwise imposed after the date of your purchase, in which case Candy Digital reserves the right to require that you pay or reimburse us for any such taxes at such later date as they may arise.

The content and information posted by us on the Properties or Services may be used only for informational, personal or other purposes authorized by us. By accessing and using the Properties or Services, you represent and warrant that: (a) all information you submit, including account and payment information, is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 18 years of age or the age of majority in your jurisdiction, whichever is older; and (d) your use of the Properties and Services does not violate any applicable law, rule or regulation. While we may sell products for children's use, these products are intended for sale only to adults. The Properties are general use sites and not targeted toward anyone under the age of 18 years of age or the age of majority in your jurisdiction, whichever is older. The Properties and Services are intended for use by residents of the United States or nonresidents that agree to use the Properties and Services in accordance with U.S. laws, these Terms of Use and the Privacy Policy. Use of and access to the Properties and Services is void where prohibited.

Subject to your strict compliance with these Terms of Use and any Additional Terms, Candy Digital grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to access and use the Properties and Services on a personal computer, mobile phone or other wireless device, or other Internet enabled device for your personal, non-commercial use only. The foregoing limited license: (a) does not give you any ownership of, or any other intellectual property interest in, any Properties, and (b) may be immediately suspended or terminated for any reason, in our sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of our Properties or Services, subject to certain Additional Terms.

Candy Digital operates a self-custody model. This means:

• Your Collectibles are yours. When you purchase a Collectible, it is delivered directly to the Solana (or other Applicable Blockchain) self-custody wallet that you connect to your account - a wallet that you own and control. Except in the limited circumstances described in Section 18, Candy Digital does not hold Collectibles in platform-owned wallets on your behalf.
• You are responsible for your wallet security. If you lose your private key or seed phrase, your Collectibles cannot be recovered - not by Candy Digital, and not by anyone else. Please keep your credentials secure.

Candy Digital does not act as a trustee, fiduciary, custodian, or financial intermediary in connection with your self-custody wallet. No fiduciary or trust relationship is created by these Terms of Use or by use of the Platform. Candy Digital does not hold, manage, or otherwise custody Collectibles on your behalf, except to the limited extent that a Dormant account's Collectibles are subject to administrative management under Section 18. That administrative management does not constitute custody, trusteeship, or any fiduciary relationship. Candy Digital does not offer a custodial wallet service and nothing in these Terms of Use shall be construed as creating a custodial, trust, or similar relationship between you and Candy Digital or any affiliated entity.

Candy Digital operates as a Primary Storefront only and does not operate a secondary marketplace or provide a 24/7 secondary trading facility. Because Collectibles are held in user-controlled self-custody wallets on the Applicable Blockchain, users may be able to list and trade Collectibles on independent Third-Party Marketplaces (such as, by way of example only and without endorsement, Magic Eden, Tensor, and when available, OpenSea). The following terms apply to any such secondary trading:

• Candy Digital has no affiliation with, and does not endorse, any Third-Party Marketplace;
• secondary sales of Collectibles on Third-Party Marketplaces are subject to the Secondary Sale Royalty as set out in Section 4;
• Candy Digital is not a party to any transaction conducted on a Third-Party Marketplace and accepts no responsibility for any such transaction;
• Candy Digital is not responsible for any loss, dispute, fraud, smart contract failure, or error arising from use of any Third-Party Marketplace;
• Third-Party Marketplaces have their own terms of service and privacy policies, which users are responsible for reviewing independently; and
• users are solely responsible for verifying the authenticity and legitimacy of any Collectible purchased on a Third-Party Marketplace.

Candy Digital makes no representation about whether a secondary market for any Collectible will exist, or what any Collectible may be worth in any such market.

You may not use the Properties or Services for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms of Use may immediately and automatically terminate your right to use and access the Properties and Services and may subject you to legal liability. Appropriate legal action may be taken for any illegal or unauthorized use of the Properties or Services. We may remove any unauthorized content, links, etc. without notice. Some examples of unauthorized, illegal or unlawful use of the Properties and Services include, but are not limited to:

• copying, modifying, displaying, performing, distributing, republishing, or retransmitting any content or material (including, by way of example, images and text), in whole or in part, from/on the Properties without our prior written consent;
• collecting usernames and/or email addresses of users of the Properties and/or Services for the purpose of sending unsolicited email;
• using a framing or similar technique without our prior written permission;
• creating or maintaining any link from another website to any page on the Properties without our prior written permission;
• criminal or tortious activity, including fraud, spamming, spimming (spam by instant message), sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
• covering or obscuring the banner advertisements on the Properties, if any, via HTML/CSS or any other means;
• any automated use of any system, such as using scripts to alter content;
• interfering with, disrupting, or burdening the Properties or the networks, systems or Services connected to the Properties;
• using any automated system or software to extract data from the Properties or Services for commercial purposes (including "screen scraping");
• attempting to impersonate another user or person;
• using the account, username, or password of another user or disclosing your password, as applicable, to any third party or permitting any third party to access your account;
• displaying an advertisement, or accepting payment or anything of value from a third person in exchange for your performing any commercial activity on or through the Properties or Services on behalf of that person, such as placing commercial content on the Properties;
• using the Properties or Services for any harassing, threatening, libelous, abusive, obscene or privacy-invading purposes;
• attempting to include any of the following in products that are offered for sale on the Properties and that permits user-added content: (a) images that contain obscene, profane, pornographic or otherwise objectionable content; (b) images, names or likenesses owned by any third party without such third party's authorization; (c) any images of a person who has current or remaining collegiate athletic eligibility; or (d) any images that include the name, image, or likeness of any celebrity, public figure or individual who has not authorized the use of his or her name, image or likeness;
• circumventing, disabling, or bypassing multi-factor or two-factor authentication (MFA/2FA) requirements on your account or any other account;
• connecting a Solana wallet to the Platform that you do not own or control, or using another user's wallet credentials without authorization;
• engaging in wash trading, bid manipulation, artificial price inflation, or any other market manipulation in connection with auctions on the Platform or any Third-Party Marketplace activity involving Collectibles;
• using the Platform in any manner designed to circumvent applicable KYC/AML requirements, sanctions screening, or identity verification processes;
• initiating or facilitating an unauthorized Burn of another user's Collectibles; or
• using the Properties or Services in a manner inconsistent with any applicable law, rule or regulation.

You may be required to create a Candy Digital account to use or access certain Services on our Properties.

If any portion of our Services requires you to register or open an account, you may also be asked to choose a password and a username. Please select a password that would not be obvious to someone trying to guess your password, and change it regularly as an added precaution.

We may reject the use of any password, username, or e-mail address for any other reason in our sole discretion. You agree that (a) you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete; (b) you are solely responsible for all activities that occur under your account, password, and username - whether or not you authorized the activity; (c) you are solely responsible for maintaining the confidentiality of your password and for restricting access to your device so that others may not access any password protected portion of the Service using your name, username, or password; (d) you will immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security; and (e) you will not sell, transfer, or assign your account or any account rights. Without limiting any rights which we may otherwise have, we reserve the right to take any and all actions, as we deem necessary or reasonable, to ensure the security of the Services and your account, including, without limitation, terminating your account, changing your password, or requesting additional information to authorize transactions on your account. Notwithstanding the above, we may rely on the authority of anyone accessing your account or using your password and in no event and under no circumstances shall we be held liable to you for any liabilities or damages resulting from or arising out of: (i) any action or inaction of Candy Digital under this provision, (ii) any compromise of the confidentiality of your account or password, or (iii) any unauthorized access to your account or use of your password. You may not use anyone else's account at any time, without the permission of the account holder. You understand and agree you are solely responsible for taking the necessary security measures to protect your account and personal information. Candy Digital makes no warranty, guarantee, or representation that use of any of our Properties or the Services are protected from viruses, security threats, or other vulnerabilities. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

a) Multi-Factor Authentication

All accounts are required to enable multi-factor authentication or two-factor authentication (“MFA/2FA”). Candy Digital will prompt you to complete MFA/2FA setup upon account registration. Access to certain account features, including purchase functionality and wallet management, may be restricted until MFA/2FA is activated. You are solely responsible for maintaining the security of your MFA/2FA credentials, authentication devices, and recovery codes. Candy Digital is not responsible for unauthorized account access resulting from your failure to maintain MFA/2FA security or from compromise of your authentication device.

b) Wallet Connection

You may connect a compatible external Solana wallet or other Applicable Blockchain self-custody wallet, as applicable, to your account. By connecting a wallet, you confirm that:

• you own or control the connected wallet and have full authority to associate it with your Candy Digital account;
• Candy Digital does not and cannot access, control, or recover assets held in your external wallet, except to the limited extent necessary to facilitate a Platform transaction initiated by you;
• Candy Digital is not responsible for any loss of Collectibles, private keys, or seed phrases associated with your external wallet; and
• connecting a wallet to the Platform does not make Candy Digital a custodian of, or otherwise responsible for, any assets in that wallet other than Collectibles directly associated with a Platform transaction.

a) Burning Functionality

From time to time, Candy Digital may make available the ability for users to permanently destroy (“Burn”) eligible Collectibles. Burning functionality will be made available during designated burn windows and in connection with specific promotions or offers as determined by Candy Digital in its sole discretion (each, a “Burn Promotion”). Candy Digital determines eligibility at its discretion for each Burn Promotion. Users have no entitlement to Burn a Collectible outside of a designated Burn Promotion window.

b) Burn Incentives

Candy Digital may, but is not obligated to, offer credits, rewards, or other consideration in connection with a Burn Promotion. The nature, value, and terms of any such incentive will be specified in the applicable Burn Promotion terms. The availability of an incentive in one Burn Promotion does not create any expectation or entitlement to an incentive in any future Burn Promotion.

c) Irreversibility

Burning a Collectible permanently destroys the Collectible’s associated NFT token on the Applicable Blockchain. A Burned Collectible:

• cannot be recovered, restored, or reissued under any circumstances;
• cannot be the subject of any refund, compensation, or replacement claim; and
• will result in the immediate and permanent termination of all licenses and rights associated with that Collectible, including any User License.

d) User Confirmation

Prior to initiating a Burn, you will be required to affirmatively confirm the Burn action through the Platform's designated confirmation process (which may include multi-factor authentication and/or an explicit confirmation step). By completing the confirmation process, you irrevocably confirm that you understand and accept the consequences of Burning, including its permanent and irreversible nature.

e) No Liability

Candy Digital expressly disclaims all liability for any loss, damage, or claim arising from or related to any Burn, including loss of associated content access, loss of Collectible value, or any Burn initiated in error, as a result of user mistake, phishing, or unauthorized wallet access. Users Burn Collectibles entirely at their own risk.

The Properties and/or Services may provide you with links or other access to other websites, services, products or content of third parties (“Third Party Sites”). We have no control over, and do not necessarily endorse, any Third Party Site's services, products or content. You acknowledge and agree that you access such Third Party Sites at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same. We recommend that you read the terms of use and privacy policies of each Third-Party Site that you access.

You agree to our collection, use and sharing of your information, including personal information, as set forth in our Privacy Policy located at https://www.candy.io/privacy ("Privacy Policy"). All provisions of the Privacy Policy are incorporated by reference herein.

Candy Digital does not guarantee that the Platform, or any feature thereof including the Primary Storefront, will be available or operational at any particular time or on a continuous basis. Candy Digital reserves the right to modify, suspend, or discontinue the Platform or any feature where practicable to do so.

a) Technical Infrastructure

Candy Digital reserves the right, at any time and in its sole discretion, to change, modify, or migrate the wallet integrations, token standards, smart contract architecture, NFT metadata storage provider, or any other technical infrastructure underlying the Platform or the Collectibles, in each case on the Applicable Blockchain or any successor network. Where any such change is material to your ability to access or transfer Collectibles, Candy Digital will use reasonable efforts to provide advance notice. Candy Digital will use commercially reasonable efforts to minimize disruption to Collectible access in connection with any such change.

b) Beta and Evolving Features

Certain features, functionality, or services offered through the Platform may be released on an experimental, beta, limited-availability, or evolving basis (“Beta Features”). Beta Features are provided “as is” without any warranty or commitment as to availability, functionality, or continuity. Candy Digital reserves the right to modify, limit, or discontinue any Beta Feature at any time without notice or liability. Your use of any Beta Feature is entirely at your own risk.

c) Platform Discontinuation

For the avoidance of doubt, discontinuation of the Platform does not affect ownership of any Collectible held in your self-custody wallet on the Applicable Blockchain. However, access to Platform-dependent features and services will cease on the discontinuation date.

d) Account-Dependent Features

Certain enhanced features or functionalities associated with a Collectible - including, by way of example, an in-platform reader interface or viewer for certain Collectible media - may only be available when accessing or viewing the Collectible through your Candy Digital account on the Properties, and may not be available solely through a self-custody wallet connection or via a Third-Party Marketplace. Where Candy Digital anticipates that a feature, functionality or enhancement of a particular Collectible will be account-dependent in this manner, Candy Digital will use reasonable efforts to communicate this at or prior to the point of sale or otherwise where practicable. The availability of any account-dependent feature is subject to Section 16(c) and, for the avoidance of doubt, discontinuation of the Platform or termination of your account may result in loss of access to such features notwithstanding continued Ownership of the underlying NFT.

Certain Collectibles were not migrated as part of the May/June 2026 migration to the Solana blockchain (the “Migration”) (including Collectibles held by account holders who did not qualify as “Active Fans” by the applicable deadline). Account holders whose Collectibles were not migrated as part of the Migration may request migration through the Platform, subject to payment of applicable technical services fees, which may be satisfied using platform credits or such other payment methods as Candy Digital makes available from time to time.

Unmigrated Collectibles will remain accessible on the legacy platform until December 31, 2026. With effect from January 1, 2027, accounts holding unmigrated Collectibles will be treated as Dormant for the purposes of Section 18, and the dormancy provisions of that Section will apply accordingly.

a) About This Section

Candy Digital incurs ongoing costs in maintaining the Properties, Services, and related infrastructure that make your Collectibles accessible and functional. Where an account has been or becomes Dormant (as defined below) for an extended period, these costs continue to accrue without any corresponding engagement. This Section 18 sets out the framework that applies to Dormant accounts, including the notice procedures Candy Digital will follow, the Dormancy (as defined below) fees that may apply, and the steps Candy Digital may take with respect to Collectibles held in Dormant accounts. For the avoidance of doubt, nothing in this Section affects your Ownership of any Collectible held in your self-custody wallet on the Applicable Blockchain. This section also discusses the re-activation of Dormant accounts.

b) Definition of Dormancy

Your account is or will become dormant (“Dormant” or “Dormancy”) if you have not logged into the Platform, completed a transaction from your account, or responded to any Candy Digital notice for a continuous period exceeding the applicable Dormancy Threshold (as defined below). The “Dormancy Threshold” means: (i) 12 months, for any period of inactivity occurring prior to December 31, 2026; and (ii) 6 months, for any period of inactivity occurring on or after January 1, 2027. The Dormancy Threshold may otherwise be updated from time to time, in Candy Digital’s sole discretion. Notice of any change to the Dormancy Threshold will be provided to active account holders via the general amendment procedures described in these Terms of Use, and to Dormant account holders via the notice procedures set out in this Section.

c) Notice Procedures

At least 30 days prior to your account being classified as Dormant, Candy Digital will use commercially reasonable efforts to notify you via email to your registered account address. Thereafter, if the Dormancy Threshold is satisfied, your account will be classified as Dormant. After the date on which your account has been classified as Dormant (the “Dormancy Date”), Candy Digital will notify you as such at least two further times, on or about 30 and 60 days after the Dormancy Date. Failure to respond does not prevent Candy Digital from applying the Dormancy procedures described in this Section.

d) Dormant Accounts; Administrative Services Entity

Upon Dormancy classification of your account, Candy Digital may transfer administrative management for Collectibles in your Dormant account to an affiliated entity designated, in Candy Digital’s sole discretion from time to time, to perform Dormant account administrative services (the “Administrative Services Entity”). Currently, the Administrative Services Entity is Candy Services LLC. You acknowledge that:

• the Administrative Services Entity performs administrative services only; it is not, and shall not be construed as, a trustee, custodian, fiduciary, broker, dealer, or financial institution, and no such relationship is created by its administration of Dormant accounts;
• no fiduciary, trust, or custodial relationship (in the legal sense) is created between you and the Administrative Services Entity; and
• Candy Digital remains primarily responsible for the obligations set out in these Terms notwithstanding any delegation to the Administrative Services Entity.

e) Dormancy Fees

Each Dormant account is subject to a monthly maintenance and storage fee of two US dollars ($2) (the “Dormancy Fee”) accruing from the Dormancy Date. Dormancy Fees will be applied first against any credits or positive balances, then deducted from proceeds upon any subsequent disposition of Collectibles.

f) Reactivation of Dormant Accounts

Upon logging into the Platform and completing any reasonably requested account verification procedures, a Dormant account will be reactivated and will cease accruing Dormancy Fees. Any Dormancy Fees accrued prior to reactivation shall remain due and payable. Candy Digital may require payment of accrued Dormancy Fees before permitting purchases, sales, transfers, withdrawals, burns, redemptions, or other transactions involving Collectibles or the account. Candy Digital may also deduct accrued Dormancy Fees from available Promotional Credits, account balances, or transaction proceeds where permitted by applicable law.

g) Disposition

If a Dormant account holder fails to re-engage with the Platform within 12 months of the Dormancy Date, notwithstanding repeated notice, Candy Digital or the Administrative Services Entity may, upon 30 days' final notice, undertake disposition of Collectibles held in the account, including by transfer of Collectibles to a designated wallet pending recovery or liquidation via a Third-Party Marketplace at then-prevailing market prices. Accrued Dormancy Fees and reasonable costs of disposition will be deducted from any disposition proceeds, and any surplus will be remitted to the former account holder at their last known contact details. For the avoidance of doubt, accrued Dormancy Fees are recoverable solely from disposition proceeds and no further personal liability attaches to the former account holder in respect of any shortfall. Former account holders may apply to Candy Digital for recovery of surplus proceeds within 2 years of disposition.

h) Escheat

Notwithstanding the foregoing, Candy Digital will comply with all applicable state unclaimed property and escheat laws. Where applicable, unclaimed proceeds may be remitted to the relevant governmental authority in accordance with applicable law.

These Terms of Use shall remain in full force and effect while you use or access the Properties or Services or have an account with the Properties. See our Privacy Policy for instructions on how to modify or delete your account. All terms that reasonably may be interpreted as surviving, shall survive any termination of these Terms of Use.

All content of the Properties (including, without limitation, text, graphics, icons, images, clips and software) and Services is protected by copyright, trademark, and other laws. Names, logos, taglines, icons and marks on the Properties are the exclusive property of Candy Digital, Inc. and/or one of its affiliates, licensors or partners, all rights reserved, and may not be used by you without our prior written permission and the permission of the applicable licensor. Unless otherwise indicated, all other intellectual property appearing on the Properties is the property of its respective owner. We reserve all rights not expressly granted in and to the Properties' content and Services.

Users may be able to post, upload or submit content to be made available through the Primary Storefront, and/or post content in certain areas on the Properties or on other websites or platforms that we own or operate, including on social media platforms such as Facebook, Instagram, Twitter and Pinterest (“Other Platforms”).

You are solely responsible for any content (including, without limitation, NFTs, Collectibles, photos, artwork, videos, text, graphics, and other information) you upload, post, display or otherwise provide to us through the Properties and/or Services, including via the Primary Storefront, or Other Platforms (“User Content”).

Any User Content you post or provide, including any questions, reviews, comments and suggestions, will be treated as non-confidential and non-proprietary.

By sharing User Content with us, you grant us a worldwide, royalty-free, perpetual, irrevocable and transferable right to use, copy, reproduce, perform, distribute, display, publish, sell, edit and adapt the User Content, and to grant and authorize sub-licensees of the foregoing for our lawful business purposes, including to provide, promote, and improve the Properties and Services. Additionally, we shall be free to use any ideas, concepts, know-how or techniques contained in such User Content for any purpose whatsoever, including, without limitation, developing, manufacturing and marketing products and services which incorporate such User Content.

You further agree that this means that any User Content may appear on sites other than the Properties through which you submitted your User Content including but not limited to Other Platforms. You represent and warrant that: (a) you own the User Content posted by you on the Properties or otherwise have the right to grant the license set forth in this Section 21; (b) your User Content does not violate the privacy rights, publicity rights, intellectual property rights, or any other rights of any person or entity; and (c) the posting of User Content on the Properties does not result in a breach of any contract between you and a third party. You agree that you will not use a false or misleading email address, impersonate another person or entity or otherwise mislead with respect to any User Content. You agree to pay for all royalties, fees and other monies owing to any person by reason of any User Content you post on the Properties. We are under no obligation to screen or monitor User Content but may review User Content from time to time at our sole discretion to review compliance with these Terms of Use. We may reject, refuse to post, edit or remove any User Content at any time without notice, for any or no reason.

Materials (including User Content) may be made available via the Properties by users and other third parties not within our control. We are under no obligation to, and do not, scan or otherwise review content posted on the Properties for the inclusion of illegal or impermissible content. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright to remain on the Properties. If you believe any materials on the Properties infringe a copyright, you should provide us with written notice that at a minimum contains:

• a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
• identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online website are covered by a single notification, a representative list of such works at that website;
• identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
• information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
• a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

All DMCA notices should be sent to our designated agent via email at: fan-help@candy.io or customer-support@candy.io with the subject line "Candy Digital - DMCA".

We do not accept any unsolicited ideas to this Website or otherwise through the Properties and/or Services from outside Candy Digital, including without limitation suggestions about advertising or promotions, or merchandising of any products, additions to our Services or Properties, or changes in methods of doing business. We may already be working on or may in the future work on a similar idea. If, notwithstanding this policy, you submit an unsolicited idea to this Website or through the Properties or Services, you understand and acknowledge that Candy Digital has no obligation to acknowledge your submission, such idea is not submitted in confidence and we assume no obligation, expressed or implied, by considering it, and no confidential relationship is established between you and Candy Digital. By submitting your idea, you represent that you are authorized to do so, and your submission does not include the confidential information, proprietary know-how, trade secrets, or other intellectual property of any other person or party. Candy Digital's use or distribution of your submission will not give rise to any claims against Candy Digital or its affiliates. You hereby grant us an irrevocable, perpetual, world-wide license to use the idea and any associated intellectual property in any manner, in any medium now known or hereafter developed, without compensation to you.

The inclusion of any products or Services on the Properties does not imply or warrant that these products or Services will be available at any particular time or that the listed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color or texture, or detail of actual products will be accurate. We do not endorse and have not verified the accuracy or reliability of any opinion or statement made on the Properties by any third party, including but not limited to, and if applicable, customers, manufacturers, distributors or suppliers of products and Services sold through the Properties, and product packaging and material may contain additional or different information. As applicable, always read any labels, warnings, directions or other materials provided with the product before using. In addition, we may make changes to information about price, availability or other product attributes without notice.

In addition to any right or remedy that may be available to us under these Terms of Use or under applicable law, we may limit, suspend, or terminate your access to the Properties or Other Platforms (including, without limitation, your account registration, and your ability to post User Content), at any time, with or without notice, and with or without cause. You agree that any suspension or termination of the Website or Other Platforms may be without prior notice, and that we will not be liable to you or to any third party for any such suspension or termination. We also may refer any information on illegal activities, including your identity, to the proper authorities. If we suspend or terminate your access to the Properties or Other Platforms due to your breach of these Terms of Use or any suspected fraudulent, abusive, or illegal activity, then termination of these Terms of Use will be in addition to any other remedies we may have at law or in equity. We shall be the sole determiner in cases of suspected abuse, fraud, or breach of these Terms of Use or intent of these Terms of Use. Any decision we make relating to termination or suspension of your access to the Properties or Other Platforms shall be final and binding in all respects.

You agree to defend, indemnify and hold SF LLC, our parent companies, subsidiaries, affiliates, contractors, suppliers, business partners and licensors and each of our respective officers, directors, advisors, agents, partners and employees (the "Candy Digital Parties") harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, due to or arising out of (1) your use of the Properties or Services in violation of these Terms of Use or Additional Terms or arising from a breach of these Terms of Use or Additional Terms (including, without limitation, any breach of your representations and warranties set forth herein); (2) any allegation that any content or other material you have submitted or transmitted to the Properties, including, without limitation, any Collectibles, infringe, misappropriate or otherwise violate the copyright, trademark, trade secret or other rights of any party; (3) your violation of applicable law; or (4) your activities or omissions in connection with the Properties or Services.

Without limiting the foregoing, Candy Digital specifically disclaims all liability for:

• any failure, downtime, congestion, fork, or protocol change on the Applicable Blockchain network affecting the ability to transfer, access, or interact with Collectibles;
• any failure or unavailability of the Arweave decentralized storage network; Candy Digital's storage obligation is to utilize Arweave infrastructure and does not independently guarantee the availability of the Arweave protocol;
• any bug, vulnerability, exploit, or unexpected behavior in any smart contract governing Collectibles or Applicable Blockchain;
• any loss of Collectibles, private keys, or wallet access resulting from a user's failure to maintain the security of their self-custody wallet;
• any loss, dispute, fraud, or error arising from the use of any Third-Party Marketplace;
• any Beta, experimental, or limited-release feature or functionality, which is provided on an "as is, as available" basis and may be modified, suspended, or discontinued at any time without notice; and
• any burning of a Collectible, including any Burn initiated in error, as a result of user mistake, phishing, or unauthorized wallet access. Burning is permanent and irreversible and Candy Digital has no ability to recover or compensate for any Burned Collectible.

The value of NFTs and Collectibles is subjective and therefore can be volatile. Any purchase or sale you make, accept or facilitate (including, when permitted, outside of the Primary Storefront) of an NFT or Collectible will be entirely at your own risk. THERE IS NO GUARANTEE THAT YOUR NFT OR PURCHASED COLLECTIBLE WILL HAVE ANY RESALE VALUE AND YOU MAY FACE A COMPLETE RISK OF LOSS. You acknowledge that you have obtained sufficient information to make an informed decision to authorize, bid, purchase, or sell an NFT or Collectible and that you have sufficient financial resources to withstand a complete risk of loss of the value of any Purchased Collectible. NFTs, Collectibles and similar digital assets are collectibles and have no inherent or intrinsic value. The Candy Digital Parties do not and cannot guarantee that any Purchased Collectibles will retain their original value, and expressly deny and disclaim any liability to you for any losses you may incur by transacting, or facilitating transactions, in NFTs or Collectibles. Before making the decision to bid, buy, sell or hold any NFT or Collectible, you should conduct your own due diligence and consult your own financial advisors. The Candy Digital Parties will not be held responsible for any decisions you make to bid, buy, sell, or hold any NFT or Collectible products or assets based on the information provided by any Candy Digital Parties.

In addition to the foregoing, by using the Platform you specifically acknowledge and accept the following risks:

• Self-Custody Risk. You are solely responsible for the security of your Applicable Blockchain wallet, private keys, and seed phrases. If you lose your private key or seed phrase, you will permanently lose access to your Collectibles. Candy Digital cannot recover lost private keys or seed phrases and has no ability to restore access to your wallet.
• Burning Risk. Where Burning functionality is made available, Burning is final and irreversible. A Burned Collectible is permanently destroyed on the Applicable Blockchain and cannot be recovered, restored, or reissued. All licenses and rights associated with a Burned Collectible terminate immediately and permanently upon Burning.
• Smart Contract Risk. Collectibles exist as tokens governed by smart contracts on the Applicable Blockchain. Smart contracts may contain bugs, vulnerabilities, or may behave unexpectedly. Candy Digital does not warrant that any smart contract is free from errors.
• Solana Network Risk. The Solana network is a decentralized third-party blockchain protocol outside Candy Digital's control. Network downtime, congestion, forks, or protocol changes may affect your ability to transfer or access Collectibles.
• Third-Party Marketplace Risk. Secondary transactions on Third-Party Marketplaces are conducted entirely at your own risk. Candy Digital is not responsible for any loss, fraud, smart contract failure, or dispute arising from any Third-Party Marketplace transaction.
• Dormancy Risk. Failure to respond to dormancy notices may result in the application of Dormancy Fees, transfer of Collectible administration to an affiliated Administrative Services Entity, and ultimately disposition of your Collectibles in accordance with the dormancy procedures described in Section 18.

SF LLC acquired certain assets of the prior operator of Candy Digital and has not generally assumed the liabilities of the prior operator.

Software made available to you by the Properties (the “Software”), if any, is subject to U.S. export controls. No Software may be downloaded from the Properties or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk. You may not access or use the Properties or Services if you are located in a jurisdiction subject to U.S. economic sanctions or if you are listed on any U.S. government restricted party list. You represent and warrant that your use of the Services complies with all applicable export control and sanctions laws.

Candy Digital and its third-party payment service providers, including Stripe, conduct sanctions screening on accounts and transactions as required by applicable law, including OFAC, EU, and UK sanctions regimes. Candy Digital may block, delay, or freeze transactions, suspend accounts, or restrict access to assets held in Dormant accounts where a sanctions flag arises, without prior notice where required by applicable law.

Candy Digital operates in a rapidly evolving regulatory environment. Candy Digital reserves the right, at any time and without prior notice where required by law, to restrict, suspend, modify, or discontinue any Collectible, promotion, auction, marketplace integration, feature, or Service, or to impose additional requirements on any user or class of users, to the extent Candy Digital determines in its reasonable judgment that such action is necessary or advisable to comply with any applicable law, regulation, regulatory guidance, supervisory expectation, or governmental order. No such action by Candy Digital shall give rise to any liability, refund obligation, or claim on your part. Candy Digital will use reasonable efforts to provide advance notice of any such restriction or suspension where legally permissible to do so.

These Terms of Use and your use of the Properties and Services will be governed by federal and Delaware law, regardless of the conflict of law provisions thereof and regardless of where you live or from where you access or use the Properties.

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT. Use of or accessing the Properties or Services constitutes your acceptance of this Arbitration provision. As a condition of using the Properties and Services, you and we agree that any and all disputes, claims, and causes of action (collectively, "Claims") arising out of or connected with the Properties or Services (except for small claims court Claims, if applicable) shall be resolved exclusively by binding arbitration under the rules of the American Arbitration Association ("AAA"), including the Supplementary Procedures for Consumer Related Disputes, for full and final settlement of such Claim applying the Federal Arbitration Act and other federal arbitration laws.

Although court review of an arbitration award may be limited, an arbitrator is empowered to award the same damages and relief as a court, including injunctive relief or statutory damages. Notwithstanding the foregoing, either party may seek temporary or emergency equitable relief to enforce its rights in any court of competent jurisdiction. You may seek arbitration of a Claim by contacting our registered agent at: Corporation Service Company, 251 Little Falls Drive, City of Wilmington, County of New Castle, Delaware 19808, USA. The arbitration may be conducted via telephone, written submissions or in person in a mutually agreed location. The language of the arbitration proceedings will be English. Payment of all filing, administration, arbitrator and/or mediator fees ("Fees") will be governed by AAA's rules. The AAA's rules are available at: www.adr.org or call 800-778-7879 (toll-free) for instructions on how to obtain a copy. Unless the AAA arbitrator determines that your Claim was frivolous, we will (i) reimburse you for the Fees paid by you, and (ii) will not seek reimbursement from you for our attorneys' fees and costs associated with the arbitration. The legal seat of the arbitration will be Delaware, USA. You and we further agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other proceeding except to enforce the award itself and any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts of the State of Delaware, or the United States District Court for the District of Delaware. For any Claims that are not subject to arbitration, if any: (a) the exclusive jurisdiction and venue for proceedings involving Claims shall be the courts of competent jurisdiction sitting within the State of Delaware (the "Forum"), and the parties hereby waive any argument that any such court does not have personal jurisdiction or that the Forum is not appropriate or convenient; (b) you and we waive any and all rights to trial by jury with respect to any Claims.

Candy Digital may use artificial intelligence and machine learning technologies (“AI Tools”) in the operation of, and in connection with, the Properties and Services. AI Tools may be used for a variety of purposes, including without limitation: content generation, moderation, recommendations, search functionality, fraud detection, customer support, and the development and improvement of features offered through the Properties. AI Tools may be provided by third-party vendors and may process information submitted by or generated in connection with your use of the Properties and Services, subject to our Privacy Policy. To the fullest extent permitted by law, the Candy Digital Parties disclaim all liability for any loss, damage, or claim arising from or in connection with Candy Digital's use of AI Tools in the operation of the Properties or Services.

We may give you notice of certain events from time to time. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Properties or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. Notwithstanding the foregoing general notice provision, notices to Dormant account holders are governed by the enhanced notice procedures set out in Section 18, which shall take precedence over this Section 35 for all matters relating to Dormant accounts. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. These Terms of Use and your account on the Properties are personal to you and may not be transferred or assigned. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Properties or information provided to or gathered by us with respect to such use. If any part of these Terms of Use is deemed to be illegal, invalid, void or for any reason unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall be unaffected and shall continue to be fully valid, binding, and enforceable. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including the Privacy Policy and/or additional terms applicable to various parts of the Properties), constitute the entire understanding between you and us. For the avoidance of doubt, these Terms of Use apply solely to the extent permitted by law.