Terms of Service

Last Updated: October 25, 2024

We appreciate your interest in LaunchZ (“LaunchZ,” “we,” or “us”) and our services available through www.LaunchZ.com and any associated websites,
mobile applications, or other downloadable software (collectively referred to as the “Service”).

These Terms of Service (the “Terms”) constitute a binding legal agreement between users (“you” or “your”) and LaunchZ, governing your access to and
use of the Service. By accessing or using any part of the Service, you agree to comply with and be legally bound by these Terms.

PLEASE READ THESE TERMS CAREFULLY
By clicking “I Accept,” downloading, installing, or otherwise accessing and using the Service, you acknowledge that you have read, understood, and agree
to be bound by these Terms and Conditions, including LaunchZ’s Privacy Policy and any referenced policies (collectively, the “Terms”). If you do not meet
the eligibility requirements or disagree with any part of these Terms, you do not have permission to use the Service. By using the Service, both you and
LaunchZ agree to be bound by these Terms.
ARBITRATION NOTICE

Except for certain disputes outlined in Section 18, you agree that any conflict arising under these Terms will be resolved through binding, individual
arbitration. By accepting these Terms, you and LaunchZ each waive the right to a jury trial or to participate in any class action or representative
proceeding.
1. Overview of LaunchZ Services
LaunchZ is a platform that enables users to create and share digital content, allowing their followers to purchase products directly through our service. We also
offer integration options for creators to utilize their own websites or domains while benefiting from LaunchZ’s automation and dashboard
management tools.
All products are provided by the Creators, and LaunchZ is not responsible for any products sold through the platform. However, LaunchZ has established
criteria and rules to help provide protection for users.
2. Eligibility
To use the Service, you must be at least 13 years old. By agreeing to these Terms, you confirm that: You are 13 years of age or older. You have not been
suspended or removed from using the Service. Your use of the Service complies with all relevant laws and regulations. If you are representing an entity,
organization, or company, you affirm that the individual accepting these Terms has the authority to bind the entity to these Terms, and the entity agrees to
abide by them.

3. Accounts and Registration
To access many features of the Service, users must register for an account. During the registration process, you may need to provide us with personal
information, such as your name, email address, or other contact details, and/or link certain external accounts, email addresses, phone numbers, other
platforms, or digital wallets (collectively referred to as “Linked Accounts”). You agree that all information you provide is accurate, complete, and not
misleading, and that you will keep it updated at all times. You also confirm that all Linked Accounts are yours and that you have the necessary rights to
connect them to the Service; you authorize us to maintain the Linked Accounts as part of your account with us. Upon registration, you will be prompted to
create a password. You are solely responsible for keeping your account and password confidential and for all activities that occur under your account. If
you suspect that your account is no longer secure, please notify us immediately at support@launchz.com.

4. General Payment
Terms Certain features of the Service, including the buying or selling of specific Products, may require payment of fees. Before any payment is made, you will
have the opportunity to review and accept the applicable fees. All fees are presented in the specified currency or other payment methods and are non-
refundable unless stated otherwise in these Terms.
Pricing: LaunchZ reserves the right to set pricing for the Service and any applicable fees for transactions conducted on the platform. We will make
reasonable efforts to keep pricing information current, and we encourage you to check our pricing page regularly. LaunchZ may modify fees for any
feature of the Service, including additional charges, provided that you are given advance notice before such changes take effect. LaunchZ may also offer
promotional deals with varying features and pricing to customers at its discretion. These promotional offers will not apply to you unless explicitly stated.
Authorization: You authorize LaunchZ to charge all amounts for the orders you make and any level of Service you select as described in these Terms or
published by LaunchZ, including all applicable taxes, to the payment method you specify. If you pay with a credit card, LaunchZ may seek pre-
authorization to verify that the card is valid and has sufficient funds or credit to cover your purchase. If you are allowed to save a payment method (like a
credit card) or any Linked Account with a payment feature as part of your account, you authorize us to save and maintain this payment method or Linked
Account for processing various fees and amounts related to your purchases.
Sales Tax and Withholding Taxes:
Sales, Use, and Similar Taxes: In some cases, LaunchZ may be required to add sales or use tax to the price of Products. In such instances, LaunchZ will
display the relevant taxes and charge them as part of the transaction, remitting these taxes to the appropriate tax authority or passing the collected
taxes to Sellers for their own remittance and reporting to tax authorities.
Withholding Taxes: In some cases, LaunchZ may, at its discretion, act as the merchant of record for specific transactions related to the Service. As the
merchant of record, LaunchZ may be required to withhold tax amounts from payments to Sellers. LaunchZ will deduct any necessary federal, state,
local, or foreign taxes from payments to Sellers as required by applicable law or regulation. If LaunchZ is not the merchant of record, it has no obligation
to collect, report, or remit any such taxes on behalf of a Seller.
Product Pricing: If you are a Seller, you can set or modify the price for your Products at your discretion. You agree to keep your pricing information
accurate and to honor any listed prices for sold Products.
Amount Paid to Sellers: When a Product you offer is sold, you will receive the net purchase price in your base currency, minus (i) any applicable payment
processing fees charged by the payment processor, and (ii) any taxes withheld as stipulated in these Terms. You acknowledge that the entire purchase
price (not just the net amount you receive) must be refunded in full if requested by LaunchZ or if you violate these Terms, and you agree that LaunchZ or
any payment processor acting on its behalf may handle such refunds.

1. PLEASE READ THE FOLLOWING TERMS CAREFULLYBY
CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE
READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND
CONDITIONS, INCLUDING LaunchZ’S PRIVACY POLICY AND OTHER POLICIES REFERENCED BELOW (TOGETHER, THESE “TERMS”). IF YOU ARE NOT
ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND
LaunchZ’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY LaunchZ AND BY YOU TO BE BOUND BY THESE TERMS
.ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved
by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND LaunchZ ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO
PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.
2. 1. LaunchZ Services Overview
LaunchZ provides two separate services: the "LaunchZ Marketplace," which allows users to create and share content where their followers can
purchase Products, and "LaunchZ Payments," which enables users to sell Products advertised on their own websites or social media accounts.
LaunchZ is not responsible for the Products sold through either the LaunchZ Marketplace or LaunchZ Payments. Additionally, LaunchZ has criteria and
rules in place to help protect purchasing users.
3. 2. Eligibility
You must be at least 13 years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old;
(b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with
any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf
represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
4. 3. Accounts and Registration
To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with
some information about yourself, such as your name, email address, or other contact information, and/or to link certain outside accounts, email
addresses, phone numbers, other platforms, or a digital wallet (collectively, “Linked Accounts”). You agree that the information you provide to us is
accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You further agree that all Linked Accounts are
your own and you have all necessary rights to link them to the Service, and you hereby authorize us to maintain the Linked Account as part of your
account with us. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your
account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer
secure, then you should immediately notify us at support@launchz.com.
5.4. General Payment Terms
Certain features of the Service, including the purchase or sale of certain Products, may require you to pay fees. Before you pay any fees, you will have
an opportunity to review and accept the fees that you will be charged. All fees are denominated in the stated currency or other means of payment and
are non-refundable unless otherwise specifically provided for in these Terms.
Price. LaunchZ reserves the right to determine pricing for the Service and any fees it may charge on transactions conducted on the Service. LaunchZ
will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically
for current pricing information. LaunchZ may change the fees for any feature of the Service, including additional fees or charges, if LaunchZ gives you
advance notice of changes before they apply. LaunchZ, at its sole discretion, may make promotional offers with different features and different pricing
to any of LaunchZ’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
Authorization. You authorize LaunchZ to charge all sums for the orders that you make and any level of Service you select as described in these Terms
or published by LaunchZ, including all applicable taxes, to the payment method specified by you. If you pay any fees with a credit card, then LaunchZ
may seek pre-authorization of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or
credit available to cover your purchase. If you are permitted to save a payment method (such as a credit card) or any Linked Account with a payment
feature as part of your account with us, you authorize us to save and maintain such payment method or Linked Account and use it for the payment of
various fees and amounts related to your purchase of Products or use of the Services.
Sales Tax and Withholding Taxes.
Sales, Use and Similar Taxes. In some instances, LaunchZ may have an obligation to add sales or use tax to the purchase price of Products. In such
cases, LaunchZ will list the appropriate taxes and charge and collect them as part of the transaction and either remit the taxes to the applicable taxing
authority or transmit the collected taxes to Sellers for Seller remittance and reporting to tax authorities.
ithholding Taxes. In some instances, LaunchZ may have agreed, in its sole discretion, to serve as the merchant of record for a given transaction
related to the Services. As the merchant of record, LaunchZ may be obligated to withhold tax amounts from payments to Sellers. LaunchZ may
withhold from any amounts payable to Sellers such federal, state, local, or foreign taxes as shall be required to be withheld pursuant to any applicable
law or regulation, as determined in LaunchZ’s sole discretion. In instances where LaunchZ is not the merchant of record, LaunchZ does not bear any
legal obligation or responsibility to, and will not, collect, report, and remit any such taxes on behalf of a Seller under any circumstances.
Product Price. If you are a Seller, you may set or change the price for your Products at your sole discretion. You agree to keep all pricing information for
your Products up to date and to abide by any of your listed prices for sold Products.
Amount Paid to Sellers. When one of your Products is sold, you will receive the net purchase price in the form of your base currency, minus (i) any
applicable payment processing fees imposed by a third-party payment processor, and (ii) a service fee retained by LaunchZ. You understand and
agree that the entire purchase price (not just the net amount paid to you) must be immediately returned or refunded if requested by LaunchZ or upon
your violation of these Terms, and you agree that LaunchZ or any payment processor acting on its behalf may process such return or refund.

5. Subscription Service. The Service may include certain subscription-based Products, or certain aspects of the Service itself may result in automatically
recurring payments for periodic charges (“Subscription Products” and such charges, the “Subscription Fee”). The “Subscription Billing Date” is the date
when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date
and continue for the subscription period specified when you make your purchase (such period, the “Initial Subscription Period”). Some subscriptions may
automatically renew for additional periods if specified in the Subscription Product description (the Initial Subscription Period and each such renewal
period, each a “Subscription Period”) unless you cancel the Subscription Product or the Seller or we terminate it. If you activate a Subscription Product,
then you authorize LaunchZ or its third-party payment processors to save, store, or otherwise maintain the payment method you have provided for the
Subscription Product and periodically charge such payment method, on a going-forward basis and until cancellation of the Subscription Product, for all
accrued sums on or before the payment due date. Your account will be charged automatically on the Subscription Billing Date and thereafter on the
renewal date of your Subscription Product for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product
before it renews unless otherwise specified in the Subscription Product’s description in order to avoid billing of the next periodic Subscription Fee to your
account. LaunchZ or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that
you otherwise provide to us. You may cancel the Subscription Product by following the cancellation steps described in the product description or by
contacting us at support@launchz.com. YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR
THE NEXT SUBSCRIPTION PERIOD.
1. 6. Delinquent Accounts. LaunchZ reserves the right to suspend or terminate access to the Service or any Product, for any account in which any
amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental
to any chargeback or collection of any of the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal
Subscription Fee is due, then LaunchZ reserves the right to delete your account and any information or User Content (defined below) associated with
your account without any liability to you.
2. 7. High Chargebacks, Returns, or Other Negative Metrics. If you or your account are subject to a high level of chargebacks, returns, refund requests,
payment network imposed fines, fees, or assessments, or we are otherwise required to

5. Licenses
Limited License. As long as you comply with these Terms, LaunchZ gives you a limited, non-exclusive, non-transferable, and revocable license to:
Install and use one copy of any mobile or downloadable application related to the Service on a mobile device you own or control. This includes apps
installed by you or pre-installed by the device manufacturer or your wireless provider.
Access and use the Service.
This license does not include a license for any Products, which will be granted by the applicable Seller if applicable.
License Restrictions. You may not:
Reproduce, distribute, publicly display, perform, or create derivative works from the Service. Modify the Service in any way. Interfere with or bypass any
security or access control features of the Service.
If you're not allowed to use the Service under applicable law, then you should not use it.
Feedback. We value your thoughts and comments. If you provide any suggestions or feedback about the Service, you grant LaunchZ the right to use that
feedback in any way we choose, without any obligation to credit you. This helps us improve the Service and create new products. For any feedback or
recommendations regarding our service or company, please contact us at support@launchz.com.

6. Ownership; Proprietary Rights
The Service is owned and operated by LaunchZ. All visual interfaces, graphics, designs, software, data, and other elements of the Service (collectively
referred to as "Materials") are protected by intellectual property laws. The Materials are the property of LaunchZ or its licensors. You may not use
the Materials without LaunchZ’s express permission. No implied licenses are granted, and LaunchZ reserves all rights not expressly granted.

7. Third-Party Terms
Third-Party Services and Linked Websites. LaunchZ may provide tools that allow you to export information to third-party services (like Twitter or
Facebook) or include links to third-party websites. By using these tools, you allow LaunchZ to share your information with those third-party services.
LaunchZ is not responsible for how those services use your information. Make sure to review the terms and privacy policies of any third-party services
before sharing your information.
Third-Party Software. The Service may include third-party software components available under licenses that allow you to copy, modify, and distribute
them. You are free to obtain and use these components under their applicable licenses.

8. User Content
User Content Generally. Certain features of the Service allow you to submit or share content, including images and reviews (collectively referred to as
"User Content"). You retain your copyright and other proprietary rights in your User Content, subject to the licenses granted in these Terms.
Limited License Grant to LaunchZ. By posting User Content, you grant LaunchZ a worldwide, non-exclusive, royalty-free license to use, store, display,
modify, and distribute your User Content. You agree to pay any necessary fees resulting from LaunchZ's use of your User Content.
You Must Have Rights to the Content You Post; User Content Representations and Warranties. You must not post content you do not own or do not have
permission to share. By posting User Content, you confirm that:
You own the User Content or have the necessary rights to share it.
Your User Content is truthful and does not violate any rights of others.
Your User Content is appropriate and does not contain objectionable material.
If your User Content includes reviews or endorsements, you affirm that you are not affiliated with the company or product being reviewed unless you
disclose that connection.
Reviews and Endorsements. Additional rules apply to User Content that includes reviews or endorsements:
You cannot submit group or multi-authored reviews.
Your reviews must be honest and accurate. You must disclose any material connections to the products or services being reviewed.
Submitting previously published reviews is prohibited.
Sellers providing incentives for reviews are responsible for ensuring compliance with these Terms and must report any issues to
support@launchz.com.
For any feedback or recommendations regarding our service or company, please contact us at support@launchz.com.
User Content Disclaimer
LaunchZ is not obligated to edit, monitor, or control any content posted by users, and is not responsible for any such content. However, at any time and
without prior notice, LaunchZ reserves the right to review, remove, edit, or block content that, in its sole judgment, violates these Terms, infringes on the
rights of third parties, or is otherwise inappropriate. By using the Service, you understand that you may encounter content from various sources that could
be inaccurate, offensive, or objectionable. You agree to waive any legal or equitable claims you may have against LaunchZ regarding user content. If
notified that certain content violates these Terms, LaunchZ may investigate and decide whether to remove it at its sole discretion, with no obligation to
notify users. Additionally, LaunchZ does not tolerate infringing activities on the platform.
Monitoring Content
LaunchZ is not required to monitor user content, third-party content, or users' activity on the Service. However, you acknowledge that LaunchZ may, at its
discretion, monitor any content transmitted or received through the platform for operational or other reasons. Even if LaunchZ chooses to monitor content,
it assumes no liability for any content or resulting damages. Any content reviewed during monitoring may be recorded, copied, or used in accordance with
our Privacy Policy. LaunchZ also reserves the right to block, filter, mute, remove, or disable access to any user content on the Service, without any liability
to the user who posted it or other users.
Earnings Claims
If your user content includes statements about earning potential ("Earnings Claims"), you represent and warrant that:
Such claims are not false, deceptive, or misleading, including any implication that atypical results are typical;
You have a reasonable basis for any earnings claims;
Gross income claims reflect expenses incurred in generating that income;
Testimonials involving earnings are accurate, representative of typical results, or accompanied by clear disclosures about effort, time, and typical
earnings.

9. Communications
Push Notifications
By installing our app, you agree to receive push notifications, which are messages sent to your mobile device when you're not in the app. You can disable
these notifications by adjusting your device’s settings.
Email
We may send you promotional emails about our products and services or those of third parties. You can opt-out of these emails by following the
unsubscribe instructions provided in each email.

10. Prohibited Conduct
By using the Service, you agree not to:
Use the Service or sell products for illegal purposes or in violation of any laws;
Use the Service to sell alcohol, drugs, substances mimicking drugs, or drug-related equipment;
Sell tickets acquired through ticket bots or automated software;
Sell products deemed objectionable, indecent, harassing, hateful, or inappropriate;
Disclose, sell, or transfer user data obtained through the Service;
Infringe on third-party intellectual property or rights;
Use unauthorized search tools, engines, or data mining technologies to access the Service;
Interfere with security features or reverse-engineer the platform, unless allowed by law;
Disrupt the operation of the Service, including by uploading malicious software, making unsolicited offers, or collecting personal information without
consent;
Harass users through unwelcome comments, actions, or behavior (such as targeting users for social media bans or making unwanted remarks or
jokes);
Engage in fraudulent activities like impersonation, false affiliation, or unauthorized account access;
Transfer your access or rights under these Terms to others.
Attempting or assisting with any prohibited conduct may result in the suspension or termination of your account at LaunchZ's discretion, with or without
notice, and without liability. The list of prohibitions is not exhaustive, and LaunchZ reserves the right to enforce these Terms as it sees fit.

11 Intellectual Property Rights Protection
Respect of Third Party Rights: LaunchZ respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously,
and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
DMCA Notification: We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as
amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the
following address:
LaunchZ Inc.
Attention: Legal (IP Notification) at 442 North La Cienega Blvd #212, West Hollywood, California, 90048
(email:support@launchz.com)
Procedure for Reporting Claimed Infringement: If you believe that any content made available on or through the Service has been used or exploited in a
manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the
Designated Agent identified above containing the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyrighted work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material on the Service of which you are complaining is not authorized by the
copyright or other intellectual property right owner, or the law; and
• A statement by you that the above information in your notification is accurate, and that you are the copyright or other intellectual
property right owner or authorized to act on the copyright or other intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by LaunchZ with the user alleged to have infringed a right you own or control as well as with the
operators of publicly available databases that track notifications of claimed infringement, and you consent to LaunchZ making such disclosures. You
should consult with your own lawyer or see 17 U.S.C. § 512 for more information about whether you qualify to provide a valid notice of claimed infringement.
Repeat Infringers: LaunchZ’s policy is to:
(a) Remove or disable access to material that it LaunchZ believes, in good faith, is, or is claimed to be, infringing the intellectual property rights of others once authorized agent is informed; or repeatedly engaging in infringing activities, whether or not the material is made available through the Service; and
(b) In appropriate circumstances, terminate the accounts of other users determined by LaunchZ to be repeat infringers.
LaunchZ reserves the right, however, to suspend or terminate the accounts of users determined by it, in its sole discretion.
Counter Notification: If you receive a notification from LaunchZ that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to submit a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to LaunchZ’s Designated Agent through one of the methods identified in Section 11.2 and include substantially the following:
• Your physical or electronic signature;

• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it
was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or
misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which LaunchZ may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person.
A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter-notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification: If you submit a Counter Notification to LaunchZ in response to a Notification of Claimed Infringement, then LaunchZ will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that LaunchZ will replace the removed User Content or cease disabling access to it in 10 business days, and LaunchZ will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless LaunchZ’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on LaunchZ’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that:
“[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)]
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [LaunchZ] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
LaunchZ reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
12. Affiliate Program
Overview. The LaunchZ Affiliate Program (“Affiliate Program”) allows participants (“Affiliates”) to earn compensation by either (a) referring prospective customers to purchase products or services hosted on the LaunchZ platform (“Buyer Program Affiliates”), or (b) referring prospective merchants to join LaunchZ as a Seller (“Seller Program Affiliates”). Participation in the Affiliate Program is open only to individuals aged 18 years or older who are legal residents of and residing in the United States. Prospective Affiliates must complete an application and be approved by LaunchZ to become an Affiliate. Once LaunchZ reviews and approves a prospective Affiliate’s application, the Affiliate will receive a unique tracking link to place on their website or promote through other channels (“Affiliate Link”).
Affiliate Marketing Activities. Affiliate agrees to use reasonable, good-faith efforts to promote traffic and sales to LaunchZ through referring and promoting LaunchZ and applicable LaunchZ Sellers’ products and services to end consumers located in the United States in accordance with the Terms, including these Affiliate Program terms. Affiliate represents, warrants, and covenants that all activities undertaken as an Affiliate and through the Affiliate Link will be in a manner and that such services will comply with the requirements and restrictions set forth, including in any documentation, guidelines, policies, and materials that LaunchZ makes available.
Affiliate Compensation. Compensation for referrals will depend on the agreed-upon amount between a creator and an affiliate.
1.

11. Intellectual Property Rights Protection

Respect of Third Party Rights, LaunchZ respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously,
and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
DMCA Notification. We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as
amended). If you have an intellectual property rights-related complaint about any material on the Service, you may contact our Designated Agent at the
following address:

LaunchZ, Inc.
Attention: Legal (IP Notification) at 442 North La Cienaga Blvd #212, West Hollywood, California, 90048
(email: support@launchz.com)

Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• A description of the copyrighted work or other intellectual property right that you claim has been infringed;
• A description of the material that you claim is infringing and where it is located on the Service;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
• A statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared by LaunchZ with the user alleged to have infringed a right you own or control as well as with operators of publicly available databases that track notifications of claimed infringement, and you consent to LaunchZ making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.
Repeat Infringers. LaunchZ’s policy is to:
a) remove or disable access to material that LaunchZ believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and
b) in appropriate circumstances, terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. LaunchZ reserves the right to suspend or terminate accounts of users at its sole discretion.
Counter Notification. If you receive a notification from LaunchZ that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, you will have the right to provide LaunchZ with a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to LaunchZ’s Designated Agent through one of the methods identified in Section 11.2, and include substantially the following information:
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which LaunchZ may be found, and that you will accept service of process from the person who provided notification under Section 11.2 above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification to LaunchZ in response to a Notification of Claimed Infringement, LaunchZ will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that LaunchZ will replace the removed User Content or cease disabling access to it in 10 business days. LaunchZ will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless LaunchZ’s Designated Agent receives notice that the party who filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on LaunchZ’s system or network.
False Notifications of Claimed Infringement or Counter Notifications. The Copyright Act provides at 17 U.S.C. § 512(f) that:
• “Any person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)]
(1) that material or activity is infringing, or
(2) that material or activity was removed or disabled by mistake or misidentification,
will be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [LaunchZ] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.”
LaunchZ reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

12. Affiliate Program
Overview. The LaunchZ Affiliate Program (“Affiliate Program”) allows affiliates (“Affiliates”) to earn rewards by either:
(a) referring prospective customers to purchase products or services hosted on the LaunchZ platform (“Buyer Program Affiliates”), or
(b) referring prospective merchants to join LaunchZ as a Seller (“Seller Program Affiliates”).
Participation in the Affiliate Program is only open to individuals aged 18 years or older who are legal residents of and residing in the United States. Prospective Affiliates must complete an application and be approved by LaunchZ to become an Affiliate. Upon approval, each Affiliate will receive a unique tracking link to use on their website or promotion channels (“Affiliate Link”).
Affiliate Marketing Activities. Affiliates agree to use reasonable, good-faith efforts to promote LaunchZ and the applicable Sellers’ products and services on the LaunchZ Platform in the United States in accordance with these Terms, including any documentation, guidelines, policies, and specifications provided by LaunchZ.

Affiliate Compensation. Affiliate compensation depends on the type of affiliate marketing conducted:
• Seller Program Affiliates: Affiliates can earn rewards for referring merchants to the LaunchZ Platform. For users who join LaunchZ as a Seller via the Affiliate’s Affiliate Link (“Referred Sellers”), as applicable, LaunchZ will pay the Affiliate a percentage of LaunchZ’s net revenue from that Referred Seller.
• Buyer Program Affiliates: Affiliates can earn rewards for referring prospective buyers to Referred Sellers on the LaunchZ platform. Either LaunchZ or Sellers will determine and disclose the fee or percentage a Buyer Program Affiliate will receive when a sale is made via an Affiliate’s Affiliate Link (“Affiliate Offer”). LaunchZ shall pay the Affiliate based on the Affiliate Offer’s terms.
Affiliates are solely responsible for promoting only their Affiliate Link. LaunchZ shall not be responsible for any failure to utilize an Affiliate Link.

The Affiliate is solely responsible for promoting the use of its Affiliate Link, and LaunchZ shall not be responsible for any users' failure to utilize an Affiliate Link in the registration or purchasing process, and such failure of use will result in a lack of attribution of sale to the Affiliate.
Independent Contractors. The relationship between LaunchZ and each Affiliate is that of independent contractors, unless otherwise stated or mutually agreed upon in writing. Nothing in the Terms, including the Affiliate Program terms, shall be interpreted as creating a joint venture, partnership, or employment relationship between LaunchZ and the Affiliate.

Seller Program Affiliates
Affiliates can earn rewards for referring new merchants to the LaunchZ Platform. For users who join LaunchZ as a Seller for the first time via the Affiliate’s Affiliate Link (“Referred Sellers”), as reasonably determined by LaunchZ, LaunchZ will pay the Affiliate a specified amount per referral based on LaunchZ’s net revenue from the Referred Seller. Affiliate commissions cease after the agreement is fulfilled.

Buyer Program Affiliates
Affiliates can earn rewards for referring users who make purchases from Sellers on the LaunchZ platform. Either LaunchZ or Sellers can determine and disclose the fee or percentage a Buyer Program Affiliate will receive when a purchase of the Seller’s products or services is made via an Affiliate’s Affiliate Link (“Affiliate Offer”). For each purchase of Seller’s products or services made via the Affiliate’s Affiliate Link, as reasonably determined by LaunchZ, LaunchZ shall pay the Affiliate for such qualifying sale according to the Affiliate Offer. Affiliate Offers are subject to change and may be terminated at any time. Such changes and terminations are effective immediately. The Affiliate Offer at the time of the qualifying sale applies. Please check Affiliate Offers periodically for any changes or termination.

The Affiliate is solely responsible for promoting the use of its Affiliate Link, and LaunchZ shall not be responsible for any users’ failure to utilize an Affiliate Link in the registration or purchasing process, and such failure of use will result in a lack of attribution of sale to the Affiliate. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments received by it under these Affiliate Program terms. Each party will bear all costs and expenses incurred by it in connection with its business and the performance of its obligations under these Affiliate Program terms, and in no event will LaunchZ be obligated to reimburse the Affiliate for any costs incurred by providing services hereunder.

Independent Contractors.
The relationship between LaunchZ and the Affiliate established by these Affiliate Program terms is that of independent contractors unless otherwise stated or agreed upon. Neither execution nor performance of the Terms, including the Affiliate Program terms, shall be interpreted as creating a joint venture, partnership, or employment relationship between LaunchZ and the Affiliate.

Limited Trademark License for Affiliates.
Subject to these Terms (including without limitation the trademark usage guidelines), LaunchZ hereby grants to the Affiliate a non-exclusive, revocable, non-sublicensable, non-transferable right and license to use and display the trademark “LaunchZ” (the “Licensed Marks”) in the United States in accordance with any trademark usage guidelines specified by LaunchZ. In connection with further provisions in the Terms, solely in connection with promoting the LaunchZ platform to new merchants as a Seller Program Affiliate and for no other purpose.

LaunchZ Advertisement Restrictions.
The purchase of keywords, engaging in PPC bidding, and other advertising promotions with keywords, or misspellings of these, is strictly prohibited: LaunchZ, LaunchZ discount, LaunchZ coupon, or any similar terms. Any action that may be deemed as “keyword- or search-” coordinated or keywords through paid advertising requires prior approval from a LaunchZ Affiliate Program manager.
We appreciate honest feedback supported by factual evidence. However, LaunchZ prohibits false advertising, incorrect or misleading information, or fabricated claims and may lead to legal action.

Requirements.
By participating in the Affiliate Program, Affiliates agree that: They will at all times present LaunchZ, its products and services, Sellers, and Seller’s products and services in an honest and truthful manner, in a manner that reflects their actual experience, will not make any misrepresentations, and will otherwise remain compliant with the FTC’s Endorsement Guidelines.
They will disclose in a clear and conspicuous manner near the Affiliate Link that they will receive compensation if someone makes a purchase or transaction through their link; Their website and other promotional channels in connection with participating in the Affiliate Program do not contain or promote (a) violations of copyright, trademark, publicity, or other intellectual property or proprietary rights, (b) adult, violent, and defamatory content, (c) religious or political viewpoints; (d) content or services that violate the law; or false or misleading advertising; They will strictly comply with any Affiliate Program participation guidelines specified by LaunchZ; and They will not purchase keywords, engage in PPC bidding or other paid promotions with keywords, on the following keywords, or misspellings of these: LaunchZ, LaunchZ discount, LaunchZ coupon, either alone or in combination with other terms or keywords, unless they have obtained prior written approval from a LaunchZ Affiliate Program manager, which may be granted, denied, or conditioned at LaunchZ’s sole and absolute discretion.

Termination.
Failure to comply with these terms of the Affiliate Program or other Terms may result in immediate termination and withholding or clawback of LaunchZ Credits and/or payments. LaunchZ may terminate the Affiliate’s participation in the Affiliate Program immediately at any time for any or no reason by giving the Affiliate notice of such termination, or if LaunchZ terminates or otherwise ceases to offer the Affiliate Program. The Affiliate may terminate their participation in the Affiliate Program immediately at any time for any or no reason by giving LaunchZ notice of such termination.
Upon termination of the Affiliate’s participation in the Affiliate Program, the Affiliate will (i) immediately cease to represent itself as a marketing affiliate of LaunchZ; (ii) immediately take down any posted promotional materials and cease all active promotion of LaunchZ and any applicable products or services on the LaunchZ platform; (iii) immediately cease to use or distribute any Affiliate Links; and (iv) immediately cease using any Licensed Marks. The Affiliate will cease to earn LaunchZ Credits immediately upon termination of their participation in the Affiliate Program. Within thirty (30) days of termination of the Affiliate’s participation in the Affiliate Program, LaunchZ will deposit payment in the form of LaunchZ Credits for all qualified transactions up to the date of termination. The Affiliate must maintain a LaunchZ Credit account for at least sixty (60) days after termination of their participation in the Affiliate Program in order to facilitate such compensation.

Disclaimer.
LaunchZ DOES NOT WARRANT OR GUARANTEE ANY MINIMUM LEVEL OF COMMISSIONS, LaunchZ CREDITS, OR PAYMENTS THAT WILL BE ACHIEVED BY THE AFFILIATE HEREUNDER. LaunchZ EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE AFFILIATE PROGRAM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Modification of Terms.
We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

Termination.
If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, LaunchZ may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by using the live chat feature on the Service or by contacting customer service at support@launchz.com.

Disclaimers; No Warranties by LaunchZ.
The service and all related materials and content are provided "as is" and "as available." LaunchZ disclaims all warranties, whether express or implied, concerning the service and its content. This includes any implied warranties of merchantability, suitability for a particular purpose, title, or non-infringement, as well as any warranty arising from previous dealings or trade practices.

Limitation of Liability.
To the fullest extent allowed by law, LaunchZ entities will not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your access to or use of the service or any materials on it. This includes losses related to profits, goodwill, or other intangible damages, regardless of the legal theory involved, even if LaunchZ has been informed of the potential for such damages.

Dispute Resolution and Arbitration.
By agreeing to these terms, you and LaunchZ are waiving your right to a jury trial and to participate in class actions. General: Unless otherwise stated, disputes related to these terms, the service, or communications will be resolved through binding arbitration, which is less formal than court proceedings and has limited review options.

Miscellaneous General Terms.

• These Terms, along with the Privacy Policy and any other agreements referenced here, constitute the complete understanding and agreement between you and LaunchZ regarding your use of the Service.
• You cannot assign or transfer these Terms or your rights under them, in whole or in part, without our prior written approval.
• We can assign these Terms and all rights under them at any time without notice or consent.
• Not requiring performance of any provision does not affect our right to enforce it later, nor does waiving any breach or default mean we waive any future breaches or the provision itself.
• Section headers in these Terms are for convenience and do not influence the interpretation of any provision.
• The term “including” means “including but not limited to.”
• If any part of these Terms is found invalid or unenforceable, that part will still be effective to the maximum extent possible, and the remaining provisions will continue in full force.
• Governing Law: These Terms are governed by New York law without considering conflict of law principles.
• Both you and LaunchZ agree to submit to the exclusive jurisdiction of the state and federal courts in New York, NY, for resolving any permitted lawsuits or court proceedings.
• We operate the Service from New York and do not claim that the Materials in the Service are suitable for use in other locations.
• Privacy Policy: Please read the LaunchZ Privacy Policy carefully for details on how we collect, use, store, and disclose your personal information. The Privacy Policy is incorporated by reference and becomes part of these Terms.
• Additional Terms: Your use of the Service is subject to any additional terms, policies, rules, or guidelines that may be posted or linked to within the Service. Certain products may also have their own additional terms. All such additional terms are incorporated by reference and form part of these Terms.
• Consent to Electronic Communications: By using the Service, you agree to receive certain electronic communications from us, as outlined in our Privacy Policy. These communications will satisfy any legal requirements for written communications.
• Contact Information: The Service is provided by LaunchZ Inc., located at 442 North La Cienaga Blvd #212, West Hollywood, California, 90048. You may contact us at this address or via email at support@launchz.com.
• Notice to California Residents: If you are a California resident, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by phone at +1-800-952-5210 for help with complaints regarding the Service.
• No Support: We are not obligated to provide support for the Service. If support is offered, it will be subject to published policies.
• No Obligation to Provide Export or Download of Information or Data: LaunchZ may allow you to access certain information or data about your use of the Service, but you acknowledge that this access is at LaunchZ’s discretion, and there is no obligation to provide any information or data for export or download.
• Software Access Addendum
• Description of Software Access Feature: If you are a Seller, the Service may allow you to offer your software ("Software") to Buyers. If you are a Buyer, the Service may let you purchase a license for Software made available by a Seller. This Software Access Addendum applies to this use of the Service.
• Delivery: After a Buyer purchases a subscription to a Seller's Software, the Seller agrees to promptly deliver copies of such Software to the Buyer.
• Software License: As a Seller, you agree to grant the Buyer a license to the purchased Software according to your applicable end-user license.
• Software Terms: Sellers may require acceptance of additional terms governing Software use ("Software Terms"). Buyers must agree to these Software Terms to access the Software.
• Discord Management Addendum
• Description of Discord Management Feature: If you are a Seller, the Service may allow you to provide access to your Discord community ("Community") to Buyers. If you are a Buyer, the Service may let you purchase access to a Community provided by a Seller. This Discord Management Addendum applies to this use of the Service.
• Discord Management: As a Seller, you agree to give LaunchZ management rights over your Community, including adding or removing members as needed to provide this feature.
• Discord Account: If you are a Buyer, you agree to link your Discord account to your Service account and allow LaunchZ to add you to the Communities you've purchased access to. Your Discord account will be considered a Linked Account under these Terms.
• Discord Access: If you are a Software Seller, you grant Buyers access to any Community they have purchased access to.
• Community Terms: Sellers may make additional terms governing the Community available ("Community Terms"). Buyers must agree to these Community Terms to access the Community.
• Software Rental Addendum
• Description of Software Rental Feature: If you are a Buyer who has purchased access to Software through the Service, it may allow you to share that Software with other users ("Renters") for a specified time ("Rental Period"). The Service may also allow you to rent Software from a Buyer. This Software Rental Addendum applies to this use of the Service and incorporates the Software Access Addendum by reference.
• Delivery: At the start of a Rental Period, LaunchZ will facilitate the delivery of the Software to the Renter. The Buyer agrees to allow LaunchZ to facilitate this delivery.
• Software License: If you are a Seller offering your Software for rental, you agree to provide the Renter a license to use the rented Software under your applicable end-user license for the Rental Period.

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