TERMS OF SERVICE | V.1.2

[:LAST UPDATE: 02 NOV. 2025]

IMPORTANT NOTICE: PLEASE READ THESE TERMS OF SERVICE (“TERMS”)CAREFULLY AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS ANDINCLUDE WAIVERS OF RIGHTS AND LIMITATIONS OF LIABILITY. THEY ALSOREQUIRE DISPUTES BETWEEN YOU AND US TO BE RESOLVED THROUGHBINDING INDIVIDUAL ARBITRATION AND TO WAIVE ANY RIGHT TO A JURYTRIAL, CLASS OR COLLECTIVE ACTIONS OR PROCEEDINGS, AND ANY OTHERCOURT PROCEEDING OF ANY KIND, SUBJECT TO LIMITED EXCEPTIONS.UNLESS YOU OPT OUT IN ACCORDANCE WITH THE OPT-OUT PROCEDURESDESCRIBED BELOW, YOU WILL BE BOUND BY THESE TERMS. THE FULLTERMS OF THE ARBITRATION AGREEMENT ARE BELOW.

EXPORT CONTROLS NOTICE: BY PARTICIPATING IN OR ACCESSING THESERVICES, AS DEFINED BELOW, YOU REPRESENT THAT YOU ARE NOT IN ASANCTIONED COUNTRY OR A “SANCTIONED PERSON,” AS DEFINED BELOW,UNDER APPLICABLE LAW.

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INTRODUCTION

Welcome to Shaga Labs, Inc. (“Shaga,” “we,” “us,” or “our”). Our Services may,among other things, allow you to use your personal computer to power andparticipate in a decentralized peer-to-peer gaming network, making games moreaccessible to the gaming community and supporting game streaming services.

These Terms outline the rules and guidelines governing your use and access ofour Services and define the relationship between you (the user) and us (theservice provider). For example, these Terms explain: (i) what you can expect fromus; (ii) what we expect from you; (iii) who can do what with Your Content and onthe Services; and (iv) how we will resolve disputes between us.

By using the Services, you are entering into a binding contract with us thatincludes these Terms. Other Terms may govern certain features or content on theService, such as free trial and reward programs, subscription programs, offers,sweepstakes and contests. By participating in any activity on the Servicesgoverned by Other Terms, you agree that you will be subject to those Other Termsin addition to these Terms.

For information on how we collect, use, and protect personal data, please refer toour Privacy Policy, which governs all matters related to privacy, consent, andcross-border data transfers. In the event of any inconsistency or conflict betweenthese Terms and the Privacy Policy, the Privacy Policy controls with respect todata collection, processing, and user rights. Depending on your activity, Shagamay act as a data controller or data processor as described in the Privacy Policy.By using our Services, you also acknowledge our Privacy Policy and consent tothe practices described therein.

Capitalized words not otherwise defined have the meanings given to them in theDefinitions section or elsewhere in these Terms.

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DEFINITIONS

“ADR Services” means ADR Services, Inc., www.adrservices.com.

“ADR Services Batching Procedure” means for the ADR Services to (i)administer Claims in at least 20 batches, with the discretion to create additionalbatches if ADR Services finds that they are necessary to facilitate the efficientresolution of demands; and (ii) apply a single initial filing fee and administrativefee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule.

“ADR Services Rules”, means ADR Services rules and procedures then in effect.

“Company,” “we,” “our,” and “us” means and refers to Shaga Labs, Inc. and itsaffiliates.

“Company Parties” means Company and Company’s predecessors in interest,successors, and assigns, as well as its respective past, present, and future parents,subsidiaries and affiliates.

“Affiliate Program” means Shaga’s optional referral or reward-based initiativethat allows users to earn credits, discounts, or other incentives by promoting orrecruiting other participants in accordance with these Terms.

“Content” means graphics, pictures, images, artwork, videos, animations, audio,sounds, music, audio-visual effects, text, titles, names, themes, dialogue,characters, stories, concepts, objects, virtual items, patterns, textures, designs,models, concepts, interactive features, code, scripts, software, metadata, digitalworks, suggestions, feedback, messages, reviews, files, documents, and all othercontent.

“Data Rights Portal” means the in-platform mechanism described in the PrivacyPolicy that allows users to exercise their privacy rights, manage consentpreferences, and withdraw or re-enable participation in the Enhanced DataContribution Program.

“Dispute” means any dispute, claim, or controversy between you and Shaga or itsaffiliates, including those related to or arising from the Services, these Terms, orany Other Terms, including formation, breach, enforcement, interpretation, orvalidity.

“DMCA” means the Digital Millennium Copyright Act, 17 U.S.C. § 512.

“Enhanced Data Contribution (EDC) Program” means Shaga’s voluntary opt-inframework that governs the collection and use of personal or sensitive data (suchas voice, camera, biometric, or communication data) as described in the PrivacyPolicy. Participation requires explicit consent through in-platform settings andmay offer incentives, discounts, or revenue share as disclosed at the time of opt-in.

“Export Controls and Sanctions Laws” means export control and sanctions lawsand regulations, including, without limitation, the Export AdministrationRegulations and other regulations, rules, and executive orders administered bythe Office of Foreign Assets Control of the U.S. Department of the Treasury (“OFAC”) the United Nations Security Council (“UNSC”), Her Majesty’s Treasury (“HMT”), the European Union or any of its member states, or other relevantsanctions authority, as applicable.

“FAA” means that Federal Arbitration Act, 9 U.S.C. § 1 et seq.

“Host” means any user who initiates or administers gameplay sessions, events, orlobbies through the Services. Hosts are independent users and are not employees,agents, or representatives of Shaga. Hosts are responsible for ensuringcompliance with all applicable publisher terms, game EULAs, and content-capture restrictions.

“Incentivized Activities” means any tasks, challenges, or participation events(e.g., Node operation, gameplay hosting, or EDC data contributions) that mayqualify users for GLOB points, tokens, or other rewards as determined by Shaga.

“IP” means any intellectual property right, including copyright, trademark,patent, trade secret, or other proprietary interest, whether registered orunregistered, under the laws of any jurisdiction.

“Licensed Parties” means Company Parties and their respective partners,representatives, agents and licensees.

“NAM” means National Arbitration and Mediation (www.namadr.com).

“NAM Rules” means NAM Comprehensive Dispute Resolution Rules andProcedures, including its Mass Filing Supplemental Dispute Resolution Rules andProcedures (when applicable) and its Consumer Fee Schedule.

“Node” means a computing device, such as a personal computer, contributed by auser to the Shaga ecosystem, which provides idle processing power, storage, andbandwidth to support decentralized game streaming, and acts as localinfrastructure to enable high-performance, low-latency gaming and streamingexperiences for other users.

“Notice of Dispute” or “Notice” means a notice of Dispute from you to anyCompany Party.

“Notice Address” means 8 The Green, STE 21181, Dover, DE 19901, USA, to whicha Notice of Dispute from you to Company Parties must be emailed.

“Opt-Out Notice” means the written opt-out notice to opt out of the ArbitrationAgreement.

“Opt-Out Period” means within 30 days from the earlier of the date that you: (i)first accessed the Services; or (ii) first provided information to the Services afterthe posting of these Terms.

“Other Terms” means individually or collectively any other agreements,addenda, or terms entered into by you and Company or any other Licensed Partythat are governed by, or otherwise incorporate by reference, these Terms.

“Our Content” means the Services, and any IP or Content owned or provided byor on behalf of Company Parties, including any software, technology, tools,designs, templates or tools provided to users.

“Persona” means, collectively, name, brand, likeness, image, likeness, social-media handle(s), avatars, signature, voice, performance, profile and biographicalinformation.

“Platform Terms” means the terms of use and other applicable policies forapplicable third-party platforms.

“Products” means products made available for purchase through the Services.

“Services” means websites and any other programming, tools, applications,technical products, features, software (including, without limitation, Company’sNode software), games, experiences, or documentation provided by Company andother Company Parties, as applicable.

“Review” means a review about us or our products or services.

“Reward Tiers” means the categories of incentives or benefits available to userswho participate in the Services, including but not limited to subscriptiondiscounts, credits, or tokenized rewards based on performance or participationlevels.

“Sanctioned Person” means any government, country, corporation, or otherentity, group, or individual with whom or which Export Controls and SanctionsLaws prohibit or restrict a person or entity in the U.S. or your jurisdiction ofresidence from engaging in transactions, and includes, without limitation, anyindividual, corporation, or other entity that (i) appears on OFAC’s SpeciallyDesignated Nationals and Blocked Persons List or other lists maintained by OFAC,

UNSC, HMT, the European Union or any of its member states, or other relevantsanctions authority or the U.S. Department of Commerce or similar entity, as eachsuch list may be amended from time to time; or (ii) is currently the subject or thetarget of any comprehensive sanctions laws and regulations.

“Subscription” means a recurring payment plan that grants you access tospecific Content or parts of the Services for a defined period, which automaticallyrenews until canceled.

“Terms” means these Terms of Service, as updated from time to time.

“Third-Party Services” means content, software, products, platforms,applications, technology, and services operated by companies, entities, ornetworks other than Company, including but not limited to decentralizednetworks, protocols, and technology.

“You” or “you” means the person entering into these Terms with Company.

“Your Content” means any Content you create, submit, store, upload, stream,broadcast, provide or share using the Services, or otherwise provide to Companyor any other Licensed Party, including any Persona (to the extent incorporatedtherein), but excludes Our Content or Content provided by other users.

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YOUR RELATIONSHIP WITH US

[:a WHAT YOU CAN EXPECT FROM US ]

Services. We may offer a range of Services, your use of which is governed bythese Terms.

Update, develop, and enhance Services. We may develop new technology orfeatures that improve or modify the Services. To that end, we may add or removecertain features, functionalities, or Services. If we make a material change thataffects your privacy, data use, or consent settings, we will provide reasonablenotice through the Services or by email before such change takes effect, unlessdoing so would compromise security or legal compliance.

Update, clarify, or amend these Terms. We may make non-material changes tothese Terms or any Other Terms without notice. If we make a change to theseTerms or any Other Terms that materially affects your rights, we will notify you(to the extent we have your contact information). If you do not agree with anychange, you must stop using the Services. Continued use constitutesacknowledgment of and agreement to the updated Terms.

Transparency in incentives. We may from time-to-time issue notices describingavailable Incentivized Activities, Reward Tiers, or Affiliate Programs. Suchcommunications are informational and not a guarantee of compensation. Anyincentives are discretionary and subject to the terms disclosed at the time ofparticipation.

[:b WHAT WE EXPECT FROM YOU]

Follow all applicable rules. The permission we give you to use the Services lastsas long as you comply with: (i) these Terms; and (ii) any Other Terms (which willcontrol if there is any conflict with these Terms) that may apply to specific uses ofthe Services. We will let you know when Other Terms apply to your use of theServices.

Provide true information. We may ask you for certain information from time totime, including opening an account with us, and when the law says we have to.You agree to give us true information only, and you understand that lying or notproviding certain information may mean that you won’t be able to access or usecertain Services.

‍Give feedback or suggest improvements, if you want. If you give us anycomments, feedback, or suggestions, you agree that Licensed Parties may usethose submissions without notice, payment, or any other obligation to you.Company does not accept unsolicited Content or ideas (“Ideas”) from users,including, without limitation, for products, services, websites or features. Youacknowledge that Licensed Parties may be working on, or receive, other Ideas (orLicensed Parties’ employees or third-party independent contractors may creatematerials on their own) that are similar or identical in theme, format or otherrespects to any Idea created by you and no Licensed Party shall have any liabilityto you for any use of any Idea, including, without limitation, direct, indirect, contributory, vicarious, secondary or damages, or infringement or protection ofany copyright in or to any Idea. Company Parties are not responsible for anyunauthorized use of any Idea by third parties.

Pay any fees that you owe. Some of the Services may allow you to purchaseitems or require you to pay a fee, including a transaction fee for certaintransactions. If so, you agree to pay the applicable purchase price, fees, and anytaxes that you may owe as determined by the applicable Company Party or third-party service providers and under any applicable law. All payments and fees arefinal and non-refundable.

Make certain promises, also known as representations and warranties. Byusing the Services, you represent and warrant that:

you have the rights, authority, and ability to enter into these Terms and anyOther Terms;
your use of the Services and performance under any Other Terms will notviolate any third party’s rights, applicable laws, regulations, or PlatformTerms;
you are not a Sanctioned Person and agree not to take any action that willcause anyone, including, without limitation, Company, to be in violation ofany applicable Export Controls and sanctions laws;
you exclusively own the rights in Your Content or, if not, you have obtainedall rights necessary to grant Company and the other Licensed Parties therights granted hereunder (including all sublicense rights);
the use of Your Content as set forth herein or in any Other Terms will notviolate these Terms, Other Terms, any laws or Platform Terms, or any rights(including any IP, privacy rights, or rights of publicity) of any third party, orcause Company or any other Licensed Parties to incur any additional fees;and
If Your Content uses any third party’s IP (like logos, designs, brand names),such use is expressly permitted by the applicable rights holder orotherwise is permitted by fair use or other applicable laws.

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USING THE SERVICES

[:a AGE REQUIREMENTS ]

You must be at least 16 years old to create a Shaga account or use theServices. Users between the minimum age required to consent to data processingin their jurisdiction and the age of majority may only use the Services under thesupervision of a parent or legal guardian who accepts these Terms on theirbehalf.

Shaga does not knowingly collect or process data from children under theapplicable age of digital consent. If we learn that we have collected personal datafrom a child without verifiable parental consent, we will delete it and maysuspend the related account. Node Operators and Hosts are responsible forensuring that participants in their sessions meet these requirements. Shaga mayuse third-party age-verification providers to support compliance and reserves theright to suspend access where verification is incomplete or inconsistent.

[:b NODE PARTICIPATION & RESPONSIBILITIES ]

You may choose to contribute your personal computer or other device as a Nodeto support a decentralized gaming network. As a Node operator, you agree to thefollowing:

Technical Requirements. Your device must meet the technicalspecifications outlined by Shaga, including hardware capabilities andinternet connectivity, and you must maintain your device in good workingcondition, ensuring it is secure, free from malware, and updated with thelatest software and security patches.
Rewards. You may be eligible to receive rewards, credits, or other benefitsas determined by Company policies in Company’s sole and absolutediscretion. Any such rewards are subject to change without notice to you.You are not guaranteed to receive, or entitled to receive, any such rewardsby virtue of operating a Node or otherwise participating in the Services.
Liability. You acknowledge that participating in a decentralized systemmay raise certain risks, and that operating a Node involves sharingcomputing resources with third parties, which could result in unforeseentechnical or operational issues. We are not responsible or liable for anyhardware malfunctions or damage, wear and tear, performancedegradation, unauthorized access to your device or any files, data, orinformation, or for any indirect, incidental, or consequential damages,such as loss of data, reduced device performance, or disruptions to otherapplications or workflows that may occur as a result of participating as aNode.
Independence & Indemnity. Node Operators and Hosts are independentusers and not employees, agents, or representatives of Shaga. You agree toindemnify and hold harmless Shaga and the Company Parties from anyclaims, damages, or losses arising from your operation of a Node or hostingof sessions in violation of these Terms, applicable publisher EULAs, orthird-party rights.
Termination. Company may suspend, terminate, or otherwise remove ordisable your Node without notice to you upon any suspected violation ofthese Terms or misuse of any Services.

[:c YOUR ACCOUNT ]

You may need an account with us to access and use certain parts of theServices. Only you are responsible for what happens on your account and forkeeping your passwords and other account information private and safe. You areonly allowed to have one account with us. If you think your account was hacked,stolen, or used without your permission, please email us at security@shaga.xyz with daeshawn@shaga.xyz copied.

[:d MOBILE SERVICES ]

Data Usage and Charges. To the extent you access the Services through a MobileDevice, your mobile carrier’s standard charges, data rates and other fees mayapply.

Compatibility. Though our Services are designed to be accessible on MobileDevices, we do not guarantee full functionality or optimal user experience on alldevices. Users are responsible for ensuring their Mobile Device are compatiblewith our Services.

Security. Accessing the Services via a Mobile Device may introduce additionalsecurity risks. Users are responsible for maintaining the security of their MobileDevices, including keeping software up to date and protecting againstunauthorized access.

[:e NOTIFICATIONS & MESSAGES ]

By using some aspects of our Services or specific features that requirecommunication, you may receive related notifications and updates as part ofyour use of those services.

[:f USING SERVICES RESPONSIBLY ]

You are responsible for your interactions with other users on the Services. We reserve the right to monitor interactions between users, but we arenot obligated to do so, and cannot be held liable for your interactions with otherusers, or for any user’s actions or inactions. If you have a dispute with one ormore users, you release Company and any other Licensed Parties from claims,and damages of every kind, arising out of or in any way connected with suchdisputes. In entering into this release, you waive any protections that wouldotherwise limit the coverage of this release.

The Services are controlled and operated from the United States, and we donot represent or warrant that the Services, or any part thereof, areappropriate or available for use in any particular jurisdiction. Those whochoose to access the Services, do so on their own initiative and at their own risk,and are responsible for complying with all local laws, rules and regulations.

Hosts must ensure that gameplay recording, broadcast, and data sharing complywith all applicable publisher or developer terms and acknowledge that they act attheir own risk and expense. Shaga assumes no responsibility for any violation ofthird-party terms by Hosts or participants.

We have to set some ground rules for the Services so that everyone can enjoythem and we can protect peoples’ rights. Therefore, you agree that:

You WILL:

treat Company and any other Licensed Parties and all users of the Serviceswith respect; and
comply with all applicable laws and Platform Terms.

You may not do any of the following, unless laws prohibit these restrictions, oryou have our advance written permission to do so:

share, download, modify, copy, distribute, transmit, display, perform,reproduce, duplicate, publish, license, create derivative works from, oroffer for sale any information contained on, or obtained from or through,the Services;
duplicate, change, break, decompile, reverse engineer, disassemble ordecode the Services or any part thereof (including any underlying idea oralgorithm), or attempt to do any of the same;
share, upload, distribute, transmit, display, perform, reproduce, duplicateor publish files that contain malicious code, viruses, corrupted files, or anyother similar software or programs that may damage the operation ofanother’s computer, network, or the Services;
use, reproduce or remove any proprietary notations displayed on orthrough the Services (e.g., trademark or copyright notices);
use cheats, automation software (bots), hacks, modifications (mods) or anyother unauthorized third-party software designed to modify the Services;
exploit the Services for any commercial purpose, including withoutlimitation communicating or facilitating any commercial advertisement orsolicitation;
use the Services or any part thereof in any manner that could disable,overburden, damage, disrupt or impair the Services or any part thereof or interfere with any other party’s use of the Services or any part thereof, oruse any device, software or routine that causes the same;
attempt to gain unauthorized access to, interfere with, overwhelm, burden,damage, disrupt, impair damage or disrupt or negatively impact theServices, Accounts registered to other users, or the computer systems ornetworks connected to the Services or any part thereof;
use or attempt to use another person’s Account or device without theirpermission;
circumvent, remove, alter, deactivate, degrade or thwart any technologicalmeasure or content protections of the Services or any part thereof;
use any robot, mods, hacks, spider, crawlers or other automatic device,process, software or queries that intercepts, “mines,” scrapes or otherwiseaccesses the Services or any part thereof to monitor, extract, copy or collectinformation or data from or through the Services, or engage in any manualprocess to do the same (in no event shall any robots.txt file or other suchprotocol be construed as granting written permission to engage in theconduct prohibited by this paragraph);
introduce any viruses, trojan horses, worms, logic bombs or other materialwhich is malicious or technologically harmful;
use the Services for or post Content that is harmful, harassing, unethical,fraudulent, obscene, vulgar, abusive, profane, harmful, disruptive orotherwise objectionable or offensive purposes, violates other contractual,intellectual property, or fiduciary rights, duties, or agreements;
share, upload, distribute, transmit, display, perform, reproduce, duplicateor publish deceptive, unfair or misleading statements, or unauthorizedpromotion (including, without limitation, chain letters or pyramidschemes, statements or material that constitutes junk mail, spam, orunauthorized advertising or promotional materials);
impersonate any other person or entity, whether actual or fictitious,including, without limitation, employees and representatives of any
Company Parties, or misrepresent your affiliation with any entity and/orany Company Parties;
violate any applicable laws (i.e., any and all laws, rules, codes, statutes,ordinances, regulations, treaties, directives, and legal or regulatoryrequirements or guidance and agreements that apply to the Services orContent) in connection with your use of the Services or third-partyplatform terms;
use the Services in any way not expressly permitted by these Terms orOther Terms; or
Encourage or enable any other person or entity to do any of the foregoing.

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CONTENT ON THE SERVICES

[:a OUR CONTENT]

The Services include Our Content, which belongs to Company Parties (asapplicable). As between you and Company Parties, the applicable Company Partyshall be and remain the sole owner of Our Content. We give you permission touse Our Content solely to use the Services, subject to these Terms and any OtherTerms, but we (or other Licensed Parties, as applicable) retain all IP in OurContent. You agree not to do anything to violate, infringe upon, or misappropriateour IP/Our Content.

[:b YOUR CONTENT]

You own the IP in Your Content, and you can share Your Content with theworld. However, you grant Company and all other Licensed Parties, including ourusers / users of the Service, permission to use Your Content as set forth in thelicense below.

Unless otherwise agreed by Company in writing, the scope of the license yougrant to Your Content hereunder is:

worldwide, meaning it’s valid all over the world;
on-exclusive, meaning you can give the same license to others;
royalty-free, meaning there are no royalties owed to you for this license(and, for the sake of clarity, Company Parties may, but have no obligationto, provide or offer you compensation for, or opportunities for you tomonetize, Your Content); and
irrevocable, meaning you can’t take it back.

Company and all other Licensed Parties may (but are not obligated to):

copy, use, transmit, broadcast, reproduce, publicly perform, and publiclydisplay Your Content, including to save on the Service and its systems andshow or make publicly available to other users;
modify and prepare derivative works based upon Your Content, includingto edit them or make new versions of them;
otherwise use, distribute, commercialize, and exploit Your Content; and
sublicense, meaning grant any or all of these rights to other Company users/ users of the Services or other third parties

Company and all other Licensed Parties may exercise these rights for any lawfulpurpose including, without limitation, the purposes of:

operating and improving the Services, including to provide the Services toyou and others, allow the Services to work as intended, and create newfeatures and functionalities; and
promoting and marketing Company and all other Licensed Parties, theServices, their businesses, Our Content and Your Content.

The license above continues for as long as Your Content is protected by IP Laws.

[:c ENHANCED DATA CONTRIBUTION PROGRAM ]

Shaga automatically processes certain gameplay telemetry and operational datanecessary to operate, secure, and improve the Services. Collection or use of anypersonal, sensitive, or biometric data occurs only under the EDC Program, whichrequires your explicit opt-in consent through in-platform settings.

The EDC Program governs information such as:

Voice or audio captured during gameplay; Camera or biometric inputs (including facial or gesture data);
Chat transcripts or communications containing personal identifiers; and
Any other data designated in the Privacy Policy as sensitive or subject toexplicit consent.

By enabling EDC-related features, you grant Shaga a limited, worldwide, royalty-free license to collect, use, pseudonymize, de-identify, and share such data solelyfor research, analytics, or product-improvement purposes under contractualcontrols described in the Privacy Policy. Shaga does not sell personal data or useit for targeted advertising.

You may withdraw consent or disable participation at any time through the DataRights Portal, which will halt future collection and new processing but will notaffect previously de-identified or aggregated data. Once withdrawn, no furtheruse will be made of identifiable data, though derived models or de-identifieddatasets may continue to be used for system optimization consistent with thePrivacy Policy.

[:d OTHER PEOPLE’S CONTENT ]

The Services may give you access to Content that belongs to others. You canuse Content that belongs to others in and as permitted by the Services, theseTerms and any Other Terms, but you can’t use it in any other way without theapplicable rights holder’s permission.

[:e INFRINGING CONTENT ]

If you believe that any user-generated Content or other material madeavailable through the Services violates your copyright, please submit anotification in accordance with the DMCA, to Company’s DMCA Agent:

Attn: Shaga Labs, Inc.

DMCA Agent

8 The Green STE 21181

Dover, DE 19901

Daeshawn@shaga.xyz

If any of Your Content is removed following a DMCA notice, you may send acounter-notification under 17 U.S.C. § 512(g). We may disable or terminateaccounts of users who repeatedly infringe intellectual-property rights.

Host Responsibility. Hosts and streamers must ensure that gameplay recordingand broadcast comply with applicable publisher terms, game EULAs, and content-capture restrictions. Hosts act as independent users and agree to indemnifyShaga and the Company Parties against any claims or damages arising fromunauthorized capture, broadcast, or redistribution of third-party content.

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ISSUES, CLAIMS, RISKS & DISPUTES

[:a WARRANTY DISCLAIMER ]

We work continuously to improve the Services and meet your needs. However,for legal reasons, we offer the Services without warranties unless specificallystated in Other Terms. The law says we need to explain this with specific languagein capital letters. Here is that explanation:

WE PROVIDE THE SERVICES “AS IS” AND “AS AVAILABLE,” WITHOUT ANYEXPRESS OR IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FOR EXAMPLE, WE DON’T MAKE ANY WARRANTIES ABOUTANY CONTENT OR FEATURES OF THE SERVICES, INCLUDING THEIR ACCURACY,RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS. YOUR USE OFTHE SERVICES IS AT YOUR OWN RISK.

[:b THIRD-PARTY SERVICES ]

We are not responsible for your use of any Third-Party Services ordecentralized networks. The Services may link or provide access (paid orunpaid) to Third-Party Services. If you choose to access, transact with, orotherwise interact with any Third-Party Services through the Services, youacknowledge and agree that you do so at your own risk, and you understand that by using the Services, you are directing the applicable company, entity, ornetwork to make Third-Party Services available to you.

You are solely responsible for your dealings with third parties and use of anyThird-Party Services. When you use the Services to access Third-Party Services,these Terms and any applicable usage terms associated with the Third-PartyServices will govern your use thereof. We do not endorse any Third-PartyServices made available or marketed on or through the Services. We are notresponsible or liable to you or others for information or services provided by anyThird-Party Services or for the results obtained from using them. We expresslydisclaim all liability related to, arising from, or in connection therewith.

Certain portions of the Services rely on decentralized protocols orexperimental technologies that are outside our control. Such technologiesmay fail, fork, or change without notice, potentially resulting in data loss orinaccessibility. You acknowledge that these systems are inherently volatile andagree that we bear no responsibility for any resulting unavailability, corruption,or loss of data or rewards.

[:c ASSUMPTIONS OF RISK ]

You understand that certain portions of the Services are made possible bythird parties. You agree that Company Parties do not control any third partiesand won’t be responsible for any losses or harm that they cause either directly orindirectly.

Some elements of the Services may require you to interact with certaindecentralized protocols and technology. You understand, acknowledge, andknowingly and voluntarily assume all related risks. Without limiting thegenerality of the foregoing, by participating in the Services, you acknowledge andaccept that:

Transacting on a decentralized peer-to-peer network, including, withoutlimitation, participating as a Node through the Services, contains inherentrisk. Such risks include but are not limited to: (i) risk of sudden asset pricechanges; (ii) risk of software failure or exploit; (iii) risk of hardware,software, or connectivity failure; (iv) risk of malicious software; (v) risks of unauthorized access to data or information on your Node; (vi) risk that youwill no longer successfully retain access to digital content; (vii) risk thatany data becomes unavailable, including, without limitation, because of anoutage, data loss, or pursuant to a valid Digital Millennium Copyright Acttakedown procedure; (viii) risk from regulatory inquiries, regulatoryactions, legislation, or court rulings; and/or (ix) risks, bugs, malfunctions,cyberattacks, or changes to a decentralized network (e.g., forks) or relatedtechnologies that disrupt or result in a total loss of functionality; and
The Services may be facilitated and run by numerous third partiesincluding, without limitation, one or more public peer-to-peer networks orblockchain networks. We do not control or influence these third parties.We shall not be responsible or liable, directly or indirectly, for any damageor loss caused or alleged to be caused by or in connection with any thirdparty, including, without limitation, lost, late, incomplete, damaged,delayed, inaccurate, stolen, misdirected, undelivered, or garbled digitalassets, or for errors or difficulties of any kind related thereto, whetherhuman, mechanical, electronic, computer, network, typographical, orotherwise. Transactions are publicly visible on the applicable blockchainwhen made.

[:d LIMITATION OF LIABILITY ]

TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANY OFTHE LICENSED PARTIES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS,SHAREHOLDERS, EMPLOYEES, OR INDEPENDENT CONTRACTORS BE LIABLE(JOINTLY OR SEVERALLY) FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL,EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSSES, OR (II) DAMAGES ARISINGFROM INTERRUPTIONS; DELETION OF FILES, EMAIL, OR DATA; SYSTEM ORHARDWARE ERROR, FAILURE OR MALFUNCTION; VIRUSES; DELAYS INOPERATION OR TRANSMISSION; OR LOSS OF PROFITS, DATA, USE, BUSINESS ORGOOD-WILL; OR (III) YOUR MISUSE OF THE SERVICE OR ANY CONTENTAVAILABLE ON OR THROUGH THE SERVICE. THE LIMITATIONS SET FORTH INTHIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHERTHE ASSERTED LIABILITY OR DAMAGES ARE BASED ON CONTRACT, INDEMNIFICATION, TORT, STRICT LIABILITY, STATUTE OR ANY OTHER LEGAL OREQUITABLE THEORY.

IN ADDITION, TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTALAGGREGATE LIABILITY OF SHAGA AND THE COMPANY PARTIES FOR ANYCLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICESSHALL NOT EXCEED THE GREATER OF (I) ONE HUNDRED U.S. DOLLARS (US $100)OR (II) THE TOTAL FEES YOU HAVE PAID TO SHAGA FOR THE SERVICES DURINGTHE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability for gross negligence, intentional misconduct, or any other liability that cannot legally be limited or excluded.

[:e SECURITY INCIDENTS & DATA BREACH NOTICE ]

We implement administrative, technical, and physical safeguards designed to protect the integrity and security of the Services. If we become aware of asecurity incident that compromises the confidentiality, integrity, or availability of personal data within its control, we will take reasonable steps to investigate and mitigate the incident and, where required by applicable law, notify affected users or authorities.

Notification may occur by email, in-app message, or public posting on theServices, depending on the nature and scope of the incident. Such notice willdescribe, to the extent practicable, the categories of data affected, the likelyconsequences, and any measures you can take to protect yourself.

[:f WHAT HAPPENS IF YOU BREAK OUR RULES ]

Before we take any action described below, we may try to give you noticeunless doing so would cause someone else harm, compromise the Services, or violate any laws. If you violate the Law, these Terms or any Other Terms andwe don’t take action right away, that doesn’t mean we give up any rights that we may have. We may take appropriate action in the future.

If Your Content violate these terms, any Other Terms or law, or the rights of another person, we may remove Your Content.

[:g TERMINATION ]

We have the right to terminate your account. We may terminate your Account and your access to the Services if you violate these Terms, Other Terms, law orPlatform Terms, or the rights of another person, or for any other reason in our sole discretion. If this happens, any license granted to you in connection with theServices are terminated immediately, and you won’t be entitled to any refunds.We also reserve the right to terminate any other accounts you may create or have created.

[:h INDEMNIFICATION ]

If someone sues us, any Company Parties, or other Licensed Party, you may have to pay for defense and legal fees. You agree to defend, indemnify and holdLicensed Parties and any of their respective officers, directors, shareholders, employees, or independent contractors harmless from and against any claims asserted against any of them arising out of or relating to your use or actual or alleged misuse of the Services, violation of these Terms or any Other Terms, YourContent, or your negligence or misconduct. This applies to all liabilities or expenses arising from claims, losses, damages, judgments, fines, litigation costs, and legal fees. You shall cooperate as fully as reasonably required in the defense of any such claim. Any Company Party reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

[:i ARBITRATION AGREEMENT ]

PLEASE READ THIS SECTION (THE “ARBITRATION AGREEMENT”)CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT PROVIDES FORRESOLUTION OF MOST DISPUTES THROUGH INDIVIDUAL ARBITRATIONINSTEAD OF COURT TRIALS AND CLASS ACTIONS. THIS SECTION ALSOCONTAINS A JURY TRIAL WAIVER AND A WAIVER OF ANY AND ALL RIGHTSTO PROCEED IN CLASS, COLLECTIVE, CONSOLIDATED (OTHER THAN ANYBATCHING PROCEDURES CONDUCTED BY THE ARBITRAL FORUM), PRIVATEATTORNEY GENERAL, OR REPRESENTATIVE ACTION IN ARBITRATION ORLITIGATION TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

Mandatory Individual Arbitration. Any Dispute, whether such Dispute arose before, on, or subsequent to you entering these Terms, and if not resolved through the informal dispute resolution procedure set forth below, shall beexclusively resolved by individual, binding arbitration in accordance with thisArbitration Agreement. The arbitrator, and not any federal, state, or local court oragency, shall have exclusive authority to resolve any Disputes relating to theinterpretation, applicability, enforceability, or formation of this ArbitrationAgreement, including any claim that all or any part of this Arbitration Agreementis void or voidable. The arbitrator shall also be responsible for determining allthreshold arbitrability issues, including issues relating to whether these Termsare unconscionable or illusory, in whole or in part, and any defense toarbitration, including waiver, delay, laches, or estoppel.

Notwithstanding the foregoing and the Class Action/Jury Trial Waiver below, you and Company Parties each retain the right to seek injunctive or other equitablerelief in a court of competent jurisdiction to prevent the actual or threatenedinfringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other IP rights. Any legal action by Company Partiesagainst a non-consumer or its interactions with governmental and regulatoryauthorities shall not be subject to arbitration. Either party may also elect to haveDisputes heard in small claims court seeking only individualized relief, so long asthe action is not removed or appealed to a court of general jurisdiction.

To the fullest extent permissible by applicable law, all claims against CompanyParties, including but not limited to claims arising out of or relating in any way tothe Services or the Terms, must be filed within one year after such claim or causeof action arose or it will be forever barred.

If any court or arbitrator determines that this Arbitration Agreement is void or unenforceable for any reason as to Disputes arising before the date of posting of this Arbitration Agreement, then you may still be bound to previous versions of this Arbitration Agreement by reason of your separate agreement to those previous versions.

If any Dispute is determined not to be subject to arbitration or resolution in smallclaims court, the exclusive jurisdiction and venue for proceedings concerningsuch Dispute shall be the federal or state courts of competent jurisdiction in theState of Delaware and shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of Delaware without regard to choice of law or conflict of law provisions.

Class Action / Jury Trial Waiver. You and Company Parties agree that, to the fullest extent permitted by law, each party is waiving the right to a trial by jury or to participate as a plaintiff, claimant, or class member in any class, collective, consolidated (other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding. This means that you and Company Parties may not bring a claim on behalf of a class or group and may not bring a claim on behalf of any other person unless doing so as a parent, guardian, or ward of a minor or in another similar capacity for an individual who cannot otherwise bring their own individual claim. This also means that you and Company Parties may not participate in any class, collective, consolidated(other than any batching procedures conducted by the arbitral forum), private attorney general, or representative proceeding brought by any third party.

Unless both you and Company Parties agree in writing, any arbitration will beconducted only on an individual basis and not in a class, collective, consolidated(other than any batching procedures conducted by the arbitral forum), orrepresentative proceeding. If any court or arbitrator determines that this ClassAction/Jury Trial Waiver is void or unenforceable for any reason or that anarbitration can proceed on a class basis, then the Arbitration Agreement shall bedeemed null and void in its entirety, and you and Company Parties shall bedeemed not to have agreed to arbitrate Disputes.

To the extent that any claims are allowed to proceed on a class, collective,consolidated (other than any batching procedures conducted by the arbitralforum), or representative basis, such claims must be litigated in a federal or statecourt of competent jurisdiction in Delaware, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims inarbitration.

Notwithstanding the foregoing, you or Company Parties may participate in aclass-wide settlement.

Opt-Out Procedures. To opt out of this Arbitration Agreement, you must send usa written Opt-Out Notice by email at legal@shaga.xyz within the Opt-Out Period.The Opt-Out Notice must contain your full legal name, your complete mailing andemail address and phone number, a clear statement that you wish to opt out of this Arbitration Agreement, and your signature. If your Opt-Out Period haspassed, you are not eligible to opt out of this Arbitration Agreement. If you optout of this Arbitration Agreement, all other provisions of the Terms will continueto apply to you. Additionally, if you opt out of this Arbitration Agreement, youmay still be bound to previous versions of this Arbitration Agreement by reasonof your separate agreement to those previous versions. In other words, opting outof this Arbitration Agreement shall have no effect on any previous, other, orfuture arbitration agreements you may enter into with Company Parties. Asstated above, if you do not opt out of this Arbitration Agreement within the Opt-Out Period, then you will be bound to the terms and conditions of this ArbitrationAgreement which shall supersede and replace in its entirety all previous versionsof Company Parties’ arbitration agreements and class action provisions. If youtimely provide Company Parties’ with a valid Opt-Out Notice, all Disputes shall besubject to the exclusive jurisdiction of, and you consent to venue in, the state andfederal courts located in Delaware.

Rules & Governing Law. Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures: You and we agree that good-faith, informal efforts to resolve disputes often canresult in a prompt, cost-effective and mutually beneficial outcome. Therefore, inthe event of a Dispute, you and Company Parties each agree to send the otherparty a written Notice of Dispute. A Notice of Dispute from you to CompanyParties must be emailed to the Notice Address. Any Notice of Dispute mustinclude (i) the claimant’s full legal name, complete mailing address, and emailaddress; (ii) a description of the nature and basis of the claim or dispute; (iii) anyrelevant facts regarding claimant’s use of the Services, including whetherclaimant receives any emails associated with the Services, whether claimant hasmade a purchase from Company Parties, and if so, the date(s) of the purchase(s);and (iv) a personally signed statement from the claimant (and not their counsel)verifying the accuracy of the contents of the Notice. The Notice must beindividualized, meaning it can concern only your dispute and no other person’sdispute. Company Parties will send any Notice of Dispute to you at the emailaddress or mailing address it has for you, if any.

After receipt of a Notice of Dispute, the parties shall engage in a good faith effortto resolve the Dispute for a period of 60 days (which can be extended byagreement). You and we agree that, after receipt of the Notice of Dispute, therecipient may request an individualized telephone or video settlement conference (which can be held after the 60-day period) and both parties willattend (with counsel, if represented). You and we agree that the parties (andcounsel, if represented) shall work cooperatively to schedule the conference atthe earliest mutually-convenient time and to seek to reach a resolution.

Compliance with this Mandatory Pre-Arbitration Notice and Informal DisputeResolution Procedures section is a condition precedent to initiating arbitration.Any applicable limitations period (including statute of limitations) and any filingfee deadlines shall be tolled while the parties engage in the informal disputeresolution procedures set forth in this subsection. All of the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures are essential sothat you and Company Parties have a meaningful opportunity to resolve disputesinformally. If any aspect of these requirements has not been met, the partiesagree that a court of competent jurisdiction may enjoin the filing or stay theprosecution of an arbitration. Nothing in this paragraph limits the right of a partyto seek damages for non-compliance with these Procedures in arbitration.

If the parties cannot resolve the Dispute through the Informal Dispute ResolutionProcedures above, you and Company Parties each agree that all Disputes shall beresolved exclusively through final and binding individual arbitration, rather thanin court. The parties may agree to waive hearings and resolve Claims throughsubmission of documents. Any arbitration hearing will be conducted remotely bytelephone or video conference to the extent possible, but if the arbitratordetermines, or the parties agree, that a hearing should be conducted in person,the arbitration hearing will take place as close to your residence as practicable, oranother agreed upon locale, and shall be before one arbitrator.

All Disputes shall be submitted to NAM, for arbitration before one arbitrator. Thearbitration will be administered by NAM in accordance with the NAM Rules,except as modified by this Arbitration Agreement. A party who desires to initiatearbitration must provide the other party with a written Demand for Arbitrationas specified in the NAM Rules. A form for initiating arbitration proceedings isavailable on NAM’s website at https://www.namadr.com/resources/rules-fees-forms/. You and we agree that the party initiating arbitration must submit a certification that they have complied with and completed the Mandatory Pre-Arbitration Notice and Informal Dispute Resolution Procedures requirements referenced above, and that they are a party to the Arbitration Agreement enclosed with or attached to the demand for arbitration. The demand for arbitration and certification must be personally signed by the party initiating arbitration (and their counsel, if represented). The parties agree that submission of the certification shall be required for the claim to be deemed properly filed. For additional information on how to commence an arbitration proceeding, you can contact NAM at customerservice@namadr.com.

If NAM determines that 25 or more substantially similar arbitration demands presented by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization are allowed to be submitted for arbitration, NAM’s mass filing fee structure shall apply and the parties agree that the arbitrations will proceed in accordance with the batching process as follows: (i) NAM shall administer the arbitration demands in batches of at least 25 claims, with the discretion to create additional batches if NAM finds that they are necessary to facilitate the efficient resolution of demands; (ii) NAM shall provide for the resolution of each batch as a single consolidated arbitration with one procedural calendar and one hearing (if any) and one final award; and (iii) following such determination of a mass filing, NAM shall apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in NAM’s fee schedule. You agree to cooperate in good faith to implement this batch approach to facilitate the efficient resolution of these Claims. All parties agree that arbitrations are of a “substantially similar nature” for purposes of this batching procedure for claims administered by NAM if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. This batching procedure for claims administered by NAM shall in no way be interpreted as authorizing class arbitrations of any kind. Company Parties reserve all rights and defenses as to each and any demand and claimant. If any court or arbitrator determines that this batching procedure for claims administered by NAM and the ADR Services Batching Procedure (see below) are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the Arbitration Agreement shall be deemed null and void in its entirety, and you and Company Parties shall be deemed not to have agreed to arbitrate Disputes.

If NAM notifies the parties in writing that it is not available to arbitrate any Claim, or if NAM is otherwise unable to arbitrate any Claim, that Claim shall be submitted to ADR Services, for final and binding individual arbitration before one arbitrator. The arbitration will be administered by ADR Services in accordance with the ADR Services Rules, except as modified by this Arbitration Agreement. If there are 20 or more substantially similar Claims that are allowed to be submitted for arbitration but cannot be arbitrated by NAM, and are presented to ADR Services by or with the assistance, coordination, or cooperation of the same law firm, group of law firms, cooperating law firms, or organization, ADR Services shall (i) administer those Claims in at least 20 batches, with the discretion to create additional batches if ADR Services finds that they are necessary to facilitate the efficient resolution of demands; and (ii) apply a single initial filing fee and administrative fee per batch for each side with respect to the fees set forth in ADR Services’ then-current Mass Consumer Non-Employment Arbitration Fee Schedule. You agree to cooperate in good faith to implement this ADR Services Batching Procedure to facilitate the efficient resolution of these Claims. This ADR Services Batching Procedure shall in no way be interpreted as authorizing class arbitrations of any kind. Company Parties reserve all rights and defenses as to each and any demand and claimant.

Notwithstanding any choice of law or other provision in these Terms, the parties agree and acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce and that the FAA, will govern its interpretation and enforcement and any proceedings under it. It is the intent of the parties that the FAA and the NAM Rules or ADR Services Rules (as applicable) shall preempt all state laws to the fullest extent permitted by law. If the FAA and the NAM Rules or ADR Services Rules (as applicable) are found to not apply to any issue that arises under this Arbitration Agreement, then that issue shall be interpreted, governed, and enforced in accordance with substantive and procedural law of the State of Delaware, without regard to choice of law or conflict of law provisions.

At the conclusion of the arbitration proceeding, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. An arbitrator’s award that has been fully satisfied shall not be entered in any court.

As in court, you and Company Parties agree that any counsel representing a party in arbitration certifies when initiating and proceeding in arbitration that they are complying with the requirements of Federal Rule of Civil Procedure 11(b) and any applicable state laws of similar import, including certification that the claim or relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions under the NAM Rules or ADR Services Rules (as applicable), Federal Rule of Civil Procedure 11, or applicable federal or state law, against all appropriate represented parties and counsel.

Except as expressly provided in the Arbitration Agreement, the arbitrator may grant any remedy, relief, or outcome that the parties could have received in court, including awards of attorneys’ fees and costs, in accordance with applicable law.

Arbitrator’s Fees: You and we agree that arbitration should be cost-effective for all parties and that any party may engage with NAM, ADR Services (as applicable), and/or the arbitrator to address the apportionment of the arbitrator’s fees.

Confidentiality: The parties agree that the arbitrator is authorized to issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.

Requirement of Individualized Relief: The parties agree that the arbitrator is authorized, upon either party’s request, to award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If any of the prohibitions on non-individualized declaratory or injunctive relief, class, representative, and private attorney general claims, or consolidation set forth under this Arbitration Agreement are found to be unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief sought with respect to a particular claim), then, after exhaustion of all appeals, the parties agree such a claim or request for relief shall be decided by a court of competent jurisdiction, after all other arbitrable claims and requests for relief are arbitrated.

Opt-Out of Future Changes to Arbitration Agreement. Notwithstanding any provision to the contrary, if Company Parties make any future change to this Arbitration Agreement (other than a change to the Notice Address or other non-material changes), you may reject any such change by sending Company Parties an email to legal@shaga.xyz within 30 days of the posting of the amended arbitration agreement that provides: (i) your full legal name, (ii) your complete mailing address, (iii) your phone number, (iv) the change(s) you are rejecting, (v) and, if applicable, the username or email address associated with any purchase from Company Parties. It must include a statement, personally signed by you, that you wish to reject the specified change to the Arbitration Agreement. This is not an opt out of arbitration altogether.

Severability & Survival. If any provision of this Arbitration Agreement, or a portion thereof, is found to be void, invalid, or otherwise unenforceable, then that portion shall be deemed to be severable and, if possible, superseded by a valid, enforceable provision, or portion thereof, that matches the intent of the original provision, or portion thereof, as closely as possible. The remainder of this Arbitration Agreement shall continue to be enforceable and valid according to the terms contained herein.

Notwithstanding the foregoing, if any court or arbitrator determines that the batching procedure for claims administered by NAM (set forth above) and the ADR Services Batching Procedure are both void or unenforceable for any reason or that an arbitration can proceed on a class basis, then, after exhaustion of all appeals, the Arbitration Agreement shall be deemed null and void in its entirety.

This Arbitration Agreement shall survive termination of these Terms. Except as provided in the opt-out provisions set forth in subsections G(3) and G(5) above, the terms and conditions of this Arbitration Agreement shall supersede and replace any and all previous arbitration and class action/jury waiver agreements you may have entered into with Company Parties.

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STATE-SPECIFIC NOTICEs

California Users. Under California Civil Code Section 1789.3, California users of the online services are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

New Jersey Users. The sections on indemnification and limitation of liability do not apply to New Jersey residents to the extent that New Jersey’s Truth-in-Consumer Contract, Warranty, and Notice Act (“TCCWNA”) (N.J.S.A. §§ 56:12-14 to 56:12-18) prohibits such application.

EEA and UK Users. For users located in the European Economic Area or United Kingdom, Shaga processes personal data in accordance with the EU General Data Protection Regulation (“GDPR”) and the UK Data Protection Act 2018. Additional rights and safeguards, including data-subject access, correction, and erasure rights, are described in our Privacy Policy.

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Miscellaneous

You may not assign or transfer any of your rights or obligations under these Terms, in whole or in part, by operation of law or otherwise, without our prior written permission. We may assign or transfer any of our rights or obligations hereunder without your permission and without notice to you.

If any clause within these Terms is found to be invalid, unenforceable, void, voidable, or illegal, that clause will be severed and the remainder of the Terms will be given full force and effect.

These Terms, together with any Other Terms and the Privacy Policy, constitute the entire agreement between you and Company with respect to the Services. They supersede all prior or contemporaneous agreements, communications, and understandings, whether oral or written, relating to the subject matter herein.

If there is any inconsistency or conflict between these Terms and the Privacy Policy, the Privacy Policy governs with respect to the collection, use, sharing, or protection of data, and these Terms govern all other aspects of your use of the Services.

All provisions of these Terms that would reasonably be expected to survive termination will do so, including, without limitation, those concerning intellectual property ownership, confidentiality, limitation of liability, indemnification, governing law, export controls, dispute resolution, and data-rights management. Termination of your account or cessation of the Services does not affect any rights or obligations that accrued prior to termination.

Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by our authorized representative. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

You agree that we may provide all legal notices, disclosures, and other communications electronically, including through email, in-app messages, or notifications within the Services. Such communications satisfy any legal requirement that they be in writing.

Neither you nor we will be liable for any delay or failure to perform any obligation under these Terms if the delay or failure results from events beyond reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, embargoes, internet or telecommunications failures, labor disputes, or governmental restrictions. If a force-majeure event prevents performance for more than thirty (30) consecutive days, either party may terminate the affected portion of the Services upon written notice without liability, except for obligations accrued before the event.

These Terms may be executed or accepted electronically. Each electronic acceptance will be deemed an original, and together they constitute one and the same agreement. Your continued access to or use of the Services constitutes ongoing acceptance of the most current version of these Terms.

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Contact Us

If you have questions about these Terms, please email us at legal@shaga.xyz with the subject line “Shaga Terms of Service” or contact us through our mailing address.

Email: legal@shaga.xyz

Mailing Address: ATTN: Legal Department; 8 The Green, STE 21181; Dover, DE 19901; USA

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