Terms of Service for Business Owners

1. Acceptance of Terms

By purchasing, accessing, or using the FanLink platform, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. If you do not agree to these terms, you must not access or use the Platform.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement. If you do not have such authority, you must not accept this Agreement or use the Platform on behalf of such entity.

2. Definitions

For the purposes of this Agreement, the following terms shall have the following meanings:

• "Business License" refers to either the "Business" or "Business Pro" license for the FanLink platform, as described on our pricing page and in the documentation provided.
• "Influencer" refers to any individual content creator who provides content or services through your implementation of the FanLink platform.
• "Customer" refers to any end user who purchases or participates in video calls or other services offered by Influencers through your implementation of the FanLink platform.
• "Content" refers to any information, data, text, software, photographs, graphics, messages, videos, audio files, or other materials generated, provided, or otherwise made available through the Platform.
• "Intellectual Property Rights" refers to all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights that may exist now or come into existence in the future, and all applications and registrations, renewals, and extensions thereof.

3. License Grant

Subject to the terms of this Agreement and payment of applicable license fees, LCN Technologies LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the FanLink platform for the purpose of operating an influencer video call business under your own branding.

3.1 Business License Limitations

If you have purchased a "Business" license, your license is limited to a maximum of two-hundred-and-fifty (250) Influencers on your platform at any given time. Exceeding this limit constitutes a violation of this Agreement and may result in additional charges or suspension of your license.

3.2 Business Pro License

If you have purchased a "Business Pro" license, you may have an unlimited number of Influencers on your platform, subject to reasonable use limitations and server capacity.

3.3 White-Label Rights

Your license includes the right to rebrand the Platform with your own business name, logo, and domain. However, you may not remove or alter any copyright, trademark, or other proprietary notices embedded in or appearing in the Platform's code or documentation.

3.4 License Restrictions

You shall not:

• Copy, modify, or create derivative works of the Platform or its documentation, except for customizations explicitly permitted under your license type
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer your license rights to any third party
• Use the Platform for any purpose that violates applicable law or regulation
• Use the Platform to develop a competing product or service
• Remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Platform
• Introduce any viruses, trojans, worms, logic bombs, or other harmful materials to the Platform

4. Fees and Payment

4.1 License Fees

You agree to pay all license fees associated with your selected FanLink license type. License fees are non-refundable, except as otherwise provided in our Refund Policy or as required by applicable law.

4.2 Transaction Fees

In addition to the license fee, you agree to pay transaction fees on all payments processed through the Platform. Transaction fees are calculated as a percentage of each transaction amount and are deducted automatically from the transaction before funds are distributed.

Current transaction fees are:

• Business License: 10% per transaction
• Business Pro License: 8% per transaction

We reserve the right to change transaction fee percentages with thirty (30) days prior notice to you.

4.3 Payment Processing

The Platform incorporates third-party payment processing services to process all transactions. You agree to comply with all terms and conditions imposed by these payment processors in addition to this Agreement.

4.4 Taxes

You are responsible for all taxes associated with your use of the Platform, including any sales, use, or value-added taxes. If we are required to collect or pay any taxes on your behalf, you agree to reimburse us for such amounts.

5. Business Owner Responsibilities

5.1 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

5.2 Influencer Management

You are responsible for:

• Recruiting, vetting, and managing all Influencers on your platform
• Ensuring that all Influencers agree to and comply with your terms of service, which must incorporate the requirements of this Agreement
• Verifying the identity and age of all Influencers to ensure they are legally able to provide services through your platform
• Ensuring that all Influencers understand and comply with applicable content policies
• Promptly addressing any complaints or disputes involving Influencers

5.3 Customer Management

You are responsible for:

• Establishing and enforcing terms of service for Customers using your platform
• Verifying the identity and age of Customers as required by applicable law
• Processing Customer refunds in accordance with your refund policy and applicable law
• Promptly addressing any complaints or disputes involving Customers

5.4 Compliance with Laws

You are responsible for ensuring that your use of the Platform complies with all applicable laws and regulations, including but not limited to:

• Data protection and privacy laws
• Consumer protection laws
• Electronic commerce regulations
• Age verification requirements
• Tax reporting and payment obligations
• Anti-money laundering regulations

5.5 Payment to Influencers

You are responsible for ensuring that Influencers receive their agreed-upon share of revenue generated through the Platform. While the Platform provides automated distribution of funds based on your configured commission rates, you remain ultimately responsible for ensuring fair and timely payment to all Influencers.

6. Content Policies

6.1 Content Responsibility

You are responsible for all Content that appears on your implementation of the Platform, including Content provided by Influencers and Customers. You agree to implement and enforce content policies that, at a minimum, prohibit the following types of Content:

• Content that is illegal, fraudulent, defamatory, obscene, pornographic, or otherwise objectionable
• Content that infringes or violates the intellectual property rights or other rights of any third party
• Content that impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity
• Content that contains viruses, trojan horses, worms, time bombs, cancelbots, or other similar harmful programming routines
• Content that constitutes hate speech, bullying, or harassment
• Content involving minors in any sexually suggestive or explicit context
• Content promoting violence, self-harm, or illegal activities

6.2 Content Monitoring

You agree to implement reasonable measures to monitor Content on your platform and promptly remove any Content that violates your content policies or this Agreement. You acknowledge that we may, but are not obligated to, monitor Content on your platform and may require you to remove Content that violates this Agreement.

6.3 Takedown Procedure

You agree to implement and maintain a clear procedure for handling content removal requests, including requests related to copyright infringement, privacy violations, and illegal content. This procedure must comply with all applicable laws, including the Digital Millennium Copyright Act if applicable to your jurisdiction.

7. Privacy and Data Protection

7.1 Data Processing Agreement

To the extent that you collect or process personal data of individuals in the European Economic Area, United Kingdom, or other jurisdictions with similar data protection laws, you agree to comply with all applicable data protection laws, including the General Data Protection Regulation (GDPR). You agree to enter into our standard Data Processing Agreement if required by applicable law.

7.2 Privacy Policy

You agree to maintain a clear and accurate privacy policy that discloses how you collect, use, share, and protect personal information. Your privacy policy must comply with all applicable laws and regulations and must be prominently displayed on your platform.

7.3 Data Security

You agree to implement and maintain reasonable security measures to protect personal information from unauthorized access, disclosure, alteration, or destruction. You agree to promptly notify us and affected individuals of any security breach that compromises the confidentiality, integrity, or availability of personal information.

8. Intellectual Property

8.1 Ownership of the Platform

The Platform, including all intellectual property rights therein, is and shall remain the exclusive property of LCN Technologies LLC and its licensors. Nothing in this Agreement grants you any right, title, or interest in the Platform except for the limited license expressly set forth in Section 3.

8.2 Your Branding

You retain all rights in and to your business name, logos, trademarks, and other branding elements that you use in connection with your implementation of the Platform. You grant us a non-exclusive, worldwide, royalty-free license to use your business name and logo for the purpose of identifying you as a licensee of the Platform.

8.3 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Platform, you grant us an unlimited, irrevocable, perpetual, sublicensable, transferable, royalty-free license to use such feedback for any purpose, including but not limited to incorporating such feedback into the Platform or other products or services.

9. Term and Termination

9.1 Term

This Agreement commences on the date you purchase your license and continues until terminated as provided herein.

9.2 Termination by You

You may terminate this Agreement at any time by discontinuing all use of the Platform and providing written notice to us. Termination does not entitle you to a refund of any fees paid, except as otherwise provided in our Refund Policy or as required by applicable law.

9.3 Termination by Us

We may terminate this Agreement and your license to use the Platform if:

• You materially breach any provision of this Agreement and fail to cure such breach within thirty (30) days after receiving written notice of the breach
• You become insolvent, make an assignment for the benefit of creditors, or become subject to bankruptcy proceedings
• Required to do so by law or court order

9.4 Effect of Termination

Upon termination of this Agreement:

• Your license to use the Platform immediately terminates
• You must cease all use of the Platform and delete or destroy any copies in your possession
• All outstanding payment obligations remain in effect
• Sections 8 (Intellectual Property), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Miscellaneous) survive termination

9.5 Data Export

Upon termination, we will provide you with a reasonable opportunity to export your data from the Platform, subject to applicable laws and our Privacy Policy. After a reasonable period, which shall not be less than thirty (30) days, we may delete your data from our systems.

10. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. LCN Technologies LLC DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS, THAT THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM LCN Technologies LLC OR THROUGH THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

11. Limitation of Liability

IN NO EVENT SHALL 2MUCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE PLATFORM; (III) ANY CONTENT OBTAINED FROM THE PLATFORM; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT LCN Technologies LLC HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL 2MUCH'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE PLATFORM EXCEED THE AMOUNT PAID BY YOU FOR THE PLATFORM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. Indemnification

You agree to defend, indemnify, and hold harmless 2Much, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Platform; (ii) your violation of this Agreement; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that Content provided by you or through your implementation of the Platform caused damage to a third party.

13. Modifications to the Agreement

We reserve the right to modify this Agreement at any time. If we make material changes to this Agreement, we will notify you by email or by posting a notice on our website prior to the changes becoming effective. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the modified Agreement.

If you do not agree to the modified Agreement, your sole remedy is to terminate this Agreement and discontinue use of the Platform.

14. Miscellaneous

14.1 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the Montreal, Quebec Canada, without regard to its conflict of law provisions.

14.2 Removed

14.3 Waiver and Severability

The failure of LCN Technologies LLC to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

14.4 No Agency

No agency, partnership, joint venture, or employment is created as a result of this Agreement, and you do not have any authority of any kind to bind LCN Technologies LLC in any respect whatsoever.

14.5 Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without the prior written consent of 2Much. Any attempt to assign or transfer this Agreement without such consent will be void. LCN Technologies LLC may assign or transfer this Agreement, at its sole discretion, without restriction.

14.6 Entire Agreement

This Agreement, including any policies or documents incorporated by reference, constitutes the entire agreement between you and LCN Technologies LLC regarding the Platform and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter of this Agreement.