Terms of Service

PLEASE READ THE FOLLOWING TERMS CAREFULLY

ALL THE TERMS SET HERE ARE PRESENTED IN ENGLISH LANGUAGE, AND IT IS THE SOLE RESPONSIBILITY OF THE USERS TO UNDERSTAND THESE TERMS ACCURATELY IN THE LANGUAGE THEY UNDERSTAND.

1 Agreement

THIS IS A LEGAL AGREEMENT BETWEEN HOUSEFLY ("HOUSEFLY," "WE," "US" OR "THE SERVICE,") AND YOU ("YOU", "YOUR", "YOURS" , OR "YOURSELF,").

BY ACCEPTING, OR BY DOWNLOADING, INSTALLING, CONNECTING, OR OTHERWISE ACCESSING WWW.HOUSEFLY.IO AND 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 HOUSEFLY’S PRIVACY POLICY AND COMMUNITY GUIDELINES (COLLECTIVELY, THESE “TERMS”). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND HOUSEFLY’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BETWEEN HOUSEFLY AND YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. YOU AGREE THAT ANY DISPUTE, CONTROVERSY OR CLAIM ARISING UNDER THESE TERMS, RELATED IN ANY WAY TO YOUR ACCESS OR USE OF THE SERVICE, OR TO ANY ASPECT OF YOUR RELATIONSHIP WITH HOUSEFLY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS AGREEMENT.YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY.

2 Changes to Terms

We may periodically modify and supplement the Terms of Service, with or without notifying you. You are responsible for regularly checking these terms for revisions. You agree to review the agreement periodically to be aware of such modifications. Your continued access or use of the site shall be deemed your conclusive acceptance of the modified agreement. Further, we reserve the right to change or discontinue specific information from time to time posted on www.housefly.io.

3 Housefy Service

Housefly is a content publishing platform that enables users to discover content creators, and access paid content by directly interacting with each other on the Polygon Mainnet network that runs on the Ethereum blockchain via P2P transactions. Housefly is not a wallet provider, exchange, broker, financial institution, money services business, or creditor. We do not have custody or control over the Polygon Mainnet network or the Ethereum blockchain you are interacting with and we do not execute or effectuate transactions on the Housefly platform. To use our Service, you must use a third-party wallet which allows you to engage in transactions on the Ethereum blockchain using the Polygon Mainnet network. Housefly is not a party to any agreement or transaction between any users. We make no claims about the identity, legitimacy, or authenticity of the users or their content visible on the Service. You bear full responsibility for verifying the identity, legitimacy, and authenticity of the users and the published content on Housefly.

4 Accessing the Service

You will need an ethereum blockchain address and a third-party wallet to access the service. The ethereum blockchain address functions as your identity on Housefly and your account on the service (“Account”) will be associated with the ethereum blockchain address you will use to connect with Housefly in order to access the service. You can activate "creator mode" on your account to become a creator in order to publish content on Housefly.

By using your wallet in connection with the Service, you agree that you are using that wallet under the terms and conditions of the applicable provider of the wallet. Wallets are not operated by, maintained by, or affiliated with Housefly, and Housefly does not have custody or control over the contents of your wallet and has no ability to retrieve or transfer its contents. Housefly accepts no responsibility for, or liability to you, in connection with your use of a wallet and makes no representations or warranties regarding how the Service will operate with any specific wallet. You are solely responsible for keeping your wallet secure and you should never share your wallet credentials or seed phrase with anyone. If you discover an issue related to your wallet, please contact your wallet provider. Likewise, you are solely responsible for your Account and any associated wallet and we are not liable for any acts or omissions by you in connection with your Account or as a result of your Account or wallet being compromised. You agree to immediately notify us if you discover or otherwise suspect any security issues related to the Service. You also represent and warrant that you will comply with all applicable laws of the country, territory or jurisdiction you are located at when using the Service.

Housefly may disable your Account and block your ability to access the Service at the request of any government authority, as any applicable law or regulation dictates, or to investigate a potential violation of these Terms and Community Guidelines. Housefly may also refuse to restore your access to the Service at the request of any government authority, as any applicable law or regulation dictates, or in the event of violation of these Terms or Community Guidelines.

Your access and use of the Service may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance, or repair of the Service or other actions that Housefly, in its sole discretion, may elect to take. If your Account becomes inactive for six months or longer, as determined by Housefly in its sole discretion, you understand that Housefly may disable your Account or reassign your associated url.

We require all users to be at least 18 years old. It is prohibited to use our Service if you are under 18 years old.

5. Content Accessibility

There are four types of content on Housefly based on accessibility:

5.1 Public Content

Public content is accessible to all registered users on the platform.

5.2 Private Content

Private content is accessible only for followers of the content creator profile. In order to access private content, users must follow the profile of the user who created the private content.

5.3 Premium Content

Premium content or “Subscribers only” content is accessible to subscribers of the content creator profile. In order to access premium content, users must subscribe to the profile of the user who created the premium content by paying a subscription fee.

5.4 Pay-to-view Content

Pay-to-view content is accessible only to users who will pay to view a single content piece such as a post or a buzz. In order to access a single “Pay-to-view post”, users must pay a fee set by the user who created the premium content.

6. Pricing & Fees

There are several types of service fees associated with accessing content Housefly. The pricing for accessing paid content on Housefly is displayed in $USD but processed in Polygon MATIC at the time of the transaction, using a real time exchange rate provided via an API service from https://www.coingecko.com.

6.1 Subscription fee

Subscription fees are set by content creators in $USD, and other users are required to pay this fee in order to unlock “Premium” or content for one of the following time periods for a period specified by the content creator. The minimum subscription fee is $USD 5 and the maximum content subscription fee is $USD 5, paid in Polygon MATIC at the real time exchange rate provided via an API service from https://www.coingecko.com.

Subscription payments are processed by the following smart contract:

0xbc9e3359080456b73ed6eb4fbc099583fb9dd3cb

6.2 Pay-to-view fee

The “pay-to-view” fee is a one-time fee set by a content creator, and users are required to pay this fee in order to unlock a single piece of content, content post or a buzz. The minimum “pay-to-view” price is $USD 1 and the maximum content subscription fee is $USD 10,000, paid in Polygon MATIC at the real time exchange rate provided via an API service from https://www.coingecko.com.

“Pay-to view” payments are processed by the following smart contract:

0xbc9e3359080456b73ed6eb4fbc099583fb9dd3cb

6.3 Tips

The “tips” are a one-time fee set by the creator in $USD, and users may decide to use this feature in order to reward a creator on a voluntary basis. Tips DO NOT give access to “Private”, “Premium”, or “Pay-to-view” content on Housefly. The minimum tip amount is $USD 1 and the maximum tip amount is $USD 10,000, paid in Polygon MATIC at the real time exchange rate provided via an API service from https://www.coingecko.com.

Tips are processed by the following smart contract:

0xbc9e3359080456b73ed6eb4fbc099583fb9dd3cb

6.4 Gas fee

The transaction processing fee or gas fee is a one-time fee paid in Polygon MATIC to the Polygon network validators to compensate for the computing energy required to process and validate every peer-to–peer MATIC transaction between Housefly users on the Ethereum blockchain. The gas fee varies and is dependent on the supply and demand for processing power on the Polygon network at the time of the transaction and is paid by the initiator of the transaction. For more information on gas fees please refer to:

https://polygonscan.com/gastracker.

6.5 Swapping fee

The swapping fee is a one-time fee deducted from the creator subscription or “pay-to-view” fee for swapping Polygon MATIC in USDT tether on Uniswap, applicable for transactions where creators receive their fee in USDT tether. The swapping fee on Uniswap is 0.3% and this fee is split by liquidity providers proportional to their contribution to liquidity reserves. For more information on swapping fees please refer to:

https://docs.uniswap.org/protocol/V2/concepts/advanced-topics/fees

6.6 Platform fee

The platform fee or the Housefly take rate is a one-time fee deducted from every peer-to-peer transaction facilitated by the Housefly smart contracts used to fund the maintenance and development of the Housefly platform. The platform fee of Housefly take rate is 10%.

6.7 Exchange Rates

Due to the nature of the cryptocurrency industry, exchange rates can change frequently. Accordingly, at any time, the exchange rates used on Housefly may not be accurate, complete or up-to-date at the time of the payment transaction on the Polygon blockchain. The accuracy of the exchange rate is also subject to https://www.coingecko.com. maintaining accurate, up-to-date and complete exchange rate data on their website and API service. The exchange rate is also based on the information we were able to access at the time the exchange rate data was collected and inputted into Housefly. You acknowledge that if this data is inaccurate, inaccurate exchange rate may be incorrectly applied. We recommend you perform your own rate checks before relying on the displayed exchange rates on Housefly before you confirm a payment transaction on Housefly.

7 Taxes

You are solely responsible for assessing all taxes owed, if any, for your use of the Service. As used herein, “Taxes” means the taxes, duties, levies, tariffs, and other governmental charges that you may be required to collect and remit to governmental agencies, and other similar municipal, state, federal, national or other withholding and personal or corporate income taxes.

8 Ownership

The Service, including its “look and feel” (e.g., text, graphics, images, logos, page headers, button icons, and scripts), proprietary content, information and other materials, and all content and other materials contained therein, including, without limitation, the Housefly logo and all designs, text, graphics, pictures, data, software, sound files, other files, and the selection and arrangement thereof are the proprietary property of Housefly or our affiliates, licensors, or users, as applicable, and you agree not to take any action(s) inconsistent with such ownership interests. We and our affiliates, licensors, and users, as applicable, reserve all rights in connection with the Service and its content, including, without limitation, the exclusive right to create derivative works.

Housefly’s name, logo, trademarks, and any Housefly product or service names, designs, logos, and slogans are the intellectual property of housefly or our affiliates or licensors and may not be copied, imitated or used, in whole or in part, without our prior written permission in each instance. You may not use any metatags or other “hidden text” utilizing “Housefly” or any other name, trademark or product or service name of Housefly or our affiliates or licensors without our prior written permission. In addition, the “look and feel” of the Service constitutes the service mark, trademark or trade dress of Housefly and may not be copied, imitated or used, in whole or in part, without our prior written permission.

All other third-party trademarks, registered trademarks, and product names mentioned on the Service or contained in the content linked to or associated with or displayed on the Service are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable intellectual property rights holder. Reference to any products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by Housefly.

We welcome feedback, comments, and suggestions for improvements to the Service (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title, or interest in the Service or in any such Feedback. You agree that Housefly may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you and without retention by you of any proprietary or other right or claim. You hereby assign to Housefly any and all right, title, and interest (including, but not limited to, any patent, copyright, trade secret, trademark, show-how, know-how, moral rights and any and all other intellectual property right) that you may have in and to any and all Feedback.

9 Ambassador Program

The purpose of the Ambassador Program is to allow you to refer creators to Housefly using a special trackable ID and to receive between 1-5% commission of each payment to creators that joined Housefly through your referral link.

9.1 Ambassador Program Enrolment

9.1.1 You will effectively become a Housefly Ambassador upon your activation of the Ambassador Program toggle button on your "Edit Profile" page. The fact that we pre-approve applications does not imply that we may not re-evaluate your Ambassador status at a later time. We may disable your Ambassador status at our sole discretion at any time after your acceptance.

9.1.2 You should also note that if we accept your application, at our sole discretion, if we decide you are unsuitable to be a Housefly Ambassador, we may terminate your Ambassador status and/or your Housefly account immediately, without prior notice.

9.2 Relationship of Parties

While the parties to this Agreement shall work hand-in-hand for the benefit of both parties, the parties acknowledge and agree that the Ambassador shall, from a legal perspective, act as and shall be an independent contractor and not an employee or agent of Housefly. Nothing in this Agreement shall create a partnership, joint venture, agency, or franchise between the parties in the legal sense of these terms. The Ambassador shall not sign any document in the name of, or on behalf of Housefly nor shall it hold itself out as being an agent of Housefly or as having apparent authority to contract for or bind Housefly.

9.3 Promotional Methods

9.3.1 The Ambassador shall be solely responsible for all materials that appear on its websites and social profiles, or published on behalf of the Ambassador in any source. It shall strictly adhere to all applicable laws and regulations in conducting its business and more specifically in marketing and advertising Housefly. You are solely responsible for the accuracy and appropriateness of all materials posted on your websites and social profiles on your behalf, and for ensuring that your activities, including materials and communications with Housefly and our potential customers are not defamatory, in violation of copyright laws or otherwise illegal. You further agree that your activities in promoting Housefly, including communications with our potential creators and us, regarding or relating to Housefly in any way, are in full compliance with all applicable laws in your jurisdiction.

9.3.2 You agree not to use any predatory advertising methods designed to generate traffic from sources that they have not contracted with in the online promotion of Housefly. Predatory advertising is defined as any method that creates or overlays links or banners on websites, spawns browser windows, or any method invented to generate traffic from a website without that website owner's knowledge, permission, and participation. Examples include, but are not limited to, keyword parsing, browser plugins such as TopText and Surf+, banner replacement technology such as Gator, browser spawning technology that is not website dependent. Participation in predatory advertising Programs will be cause for the Ambassador's account immediate termination.

9.3.3. You agree to defend, indemnify and hold Housefly harmless for any violations of the foregoing. Housefly disclaims all liability for these matters.

9.4 Housefly Rights & Obligations

9.4.1 Housefly shall have the right to monitor the Ambassador's traffic and referrals at any time to determine if it is in compliance with the terms and conditions on this Agreement. We may notify you of any changes that we feel should be made regarding your promotion of Housefly.

9.4.2. Housefly reserves the right to terminate your Housefly account immediately and without notice, should you commit fraud in your use of the Housefly Ambassador Program or should you abuse your ambassador status in any way.

9.5 Ambassador Commission, Rights & Payments

9.5.1 Subject to all terms of this Agreement, You will receive an Ambassador commission of 5% from the value of each successful subscription and “pay-to-view” transaction made to creators that joined Housefly through your referral link by other users on Housefly.

9.5.2 Commission payments will be made directly in the wallet connected to your Housefly account as part of the peer-to-peer blockchain transaction that orchestrates the payment between a Housefly user and a creator that joined Housefly through your referral link.

9.5.3 Commission payments will be made in USDT Tether at the https://app.uniswap.org/#/swap applicable MATIC/USDT exchange rate at the time of the blockchain transaction.

10 Third-Party Content & Services

As a peer-to-peer web3 service, Housefly helps you explore published content created by third parties and interact with third party services such as the Ethereum blockchain on the Polygon network. Housefly does not make any representations or warranties about this third-party content visible through our Service, including any content displayed on the Service, and you bear responsibility for verifying the legitimacy, authenticity, and legality of the content.

The Service may also contain links or functionality to access or use third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”), or otherwise display, include, or make available content, data, information, services, applications, or materials from third parties (“Third-Party Materials”). When you click on a link to, or access and use, a Third-Party Website or Third-Party Application, though we may not warn you that you have left our Service, you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications, and Third-Party Materials are not under the control of Housefly, and may be “open” applications for which no recourse is possible. Housefly is not responsible or liable for any Third-Party Websites, Third-Party Applications, and Third-Party Materials. Housefly provides links to these Third-Party Websites and Third-Party Applications only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites or Third-Party Applications, or their products or services or associated Third-Party Materials. You use all links in Third-Party Websites, Third-Party Applications, and Third-Party Materials at your own risk.

11 Intellectual Property Rights

You are solely responsible for your use of the Service and for any information you provide, including compliance with applicable laws, rules, and regulations, as well as these Terms, including the User Conduct requirements outlined above.

By using the Service in conjunction with creating, submitting, posting, promoting, or displaying content, you grant us a worldwide, non-exclusive, sublicensable, royalty-free license to use, copy, modify, and display any content, including but not limited to text, materials, images, files, communications, comments, feedback, suggestions, ideas, concepts, questions, data, or otherwise, that you submit or post on or through the Service for our current and future business purposes, including to provide, promote, and improve the Service. This includes any digital file or other material that is displayed on the Housefly.

Housefly does not claim that submitting, posting, or displaying this content on or through the Service gives Housefly any ownership of the content. We're not saying we own it. We're just saying we might use it and show it.

You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you create, submit, post, promote, or display on or through the Service. You represent and warrant that such content does not contain material subject to copyright, trademark, publicity rights, or other intellectual property rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant Housefly the license described above, and that the content does not violate any laws.

Housefly will take down works in response to Digital Millennium Copyright Act (“DMCA”) takedown notices and/or other intellectual property infringement claims and will terminate a user's access to the Service if the user is determined to be a repeat infringer. If you believe that your content has been copied in a way that constitutes copyright or trademark infringement, or violates your publicity or other intellectual property rights, please send us a written notice to our designated copyright email address: copyright@housefly.io

You must be the rightsholder or someone authorized to act on behalf of the rightsholder for us to process your infringement claim regarding content on the Service, We encourage you to ensure the requisite information is included in your electronic message:

11.1 Identification of the copyrighted work(s), trademark, publicity rights, or other intellectual property rights that you claim is being infringed;

11.2 Identification of the allegedly infringing material that is requested to be removed, including a description of the specific location (i.e., urls) on the Service of the material claimed to be infringing, so that we may locate the material;

11.3 Your contact information – at a minimum, your full legal name (not pseudonym) and email address;

11.4 A declaration that contains all of the following:

11.4.1 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property rights owner, its agent, or the law;

11.4.2 A statement that the information in the notice is accurate; and

11.4.3 A statement under penalty of perjury that you are authorized to act on behalf of the intellectual property owner of the intellectual property that is allegedly being infringed.

11.4.4 Your physical or electronic signature (of your full legal name).

Please note that we will forward your notice of intellectual property infringement, including your contact information, to the party who will have their content removed so they understand why it is no longer available on Housefly and can also contact you to resolve any dispute.

12 Content Policy

You agree that you will not violate any law, contract, intellectual property or other third-party right, and that you are solely responsible for your conduct and content, while accessing or using the Service. You also agree that you will not:

12.1 Use or attempt to use another user’s Account without authorization from such user;

12.2 Pose as another person or entity, or use a wallet to engage in a transaction on Housefly that is owned or controlled, in whole or in part, by any other person;

12.3 Access the Service from a different blockchain address if we’ve blocked any of your other blockchain addresses from accessing the Service, unless you have our written permission first;

12.4 Claim a Housefly unique URL for the purpose of reselling it, confusing others, deriving others’ goodwill, or otherwise engage in name squatting;

12.5 Use the Service through disseminating any software or interacting with any API, that could damage, disable, overburden, or impair the functioning of the Service in any manner;

12.6 Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to Housefly;

12.7 Use our Service for commercial purposes inconsistent with these Terms or any other instructions;

12.8 Use any data mining, robot, spider, crawler, scraper, script, browser extension, offline reader, or other automated means or interface not authorized by us to access the Service, extract data, or otherwise interfere with or modify the rendering of Service pages or functionality;

12.9 Reverse engineer, duplicate, decompile, disassemble, or decode any aspect of the Service, or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any service, area, or code of the Service;

12.10 Sell or resell the Service or attempt to circumvent any Housefly fee systems;

12.11 Engage in behaviors that have the intention or the effect of artificially causing an account or content post to appear at the top of search results, or artificially increasing likes, comments, followers, subscriptions or other metrics that Housefly might use to sort search results;

12.12 Use the Service to carry out any financial activities subject to registration or licensing, including but not limited to creating, offering, selling, or buying securities, commodities, options, or debt instruments;

12.13 Use the Service to engage in price manipulation, or other deceptive, misleading, or manipulative activity;

12.14 Create or display content or other items that promote bullying, harassment, suicide or self-harm, incites hate or violence against others, or doxes another individual;

12.15 Create or display content that involves child sexual exploitation, bestiality or sexual abuse of animals, rape or sexual content that is hard to distinguish from non-consensual sex, incest, and necrophilia.

13 Indemnification

By agreeing to these Terms and accessing the Service, you agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Housefly, and our respective past, present, and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors, and assigns (individually and collectively, the “Housefly Parties”), from and against all actual or alleged claims, damages, awards, judgments, losses, liabilities, obligations, taxes, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses), and costs (including, without limitation, court costs, costs of settlement, and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract, or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Service, (b) content, (c) any Feedback you provide, (d) your violation or breach of any term of these Terms or applicable law, and (e) your violation of the rights of or obligations to a third party, including another user or third-party, and (f) your negligence or wilful misconduct. You may not bring a claim against us for suspending or terminating another person’s account, and you agree you will not bring such a claim. If you try to bring such a claim, you are responsible for the damages caused, including attorneys fees and costs. These terms remain in effect even if you no longer have an account.

14 Disclaimer

YOUR ACCESS TO AND USE OF HOUSEFLY IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS'' AND “AS AVAILABLE” BASIS AND HOUSEFLY EXPRESSLY DISCLAIMS WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HOUSEFLY (AND ITS SUPPLIERS) MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY FOR WHETHER THE SERVICE: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. HOUSEFLY DISCLAIMS ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. HOUSEFLY WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND FROM ANY ACTION TAKEN OR TAKEN IN RELIANCE ON MATERIAL OR INFORMATION, CONTAINED ON THE SERVICE. WHILE HOUSEFLY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SERVICE SAFE, HOUSEFLY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SERVICE, CONTENT, EXTERNAL LINKS, OR ANY THIRD-PARTY SERVICES YOU INTERACT WITH USING OUR SERVICE OR OUR SERVICE PROVIDERS’ SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE CANNOT GUARANTEE THE SECURITY OF ANY DATA THAT YOU DISCLOSE ONLINE. NO ADVICE OR INFORMATION, WHETHER ORAL OR OBTAINED FROM THE HOUSEFLY PARTIES OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY OR REPRESENTATION NOT EXPRESSLY MADE HEREIN. YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET AND WILL NOT HOLD HOUSEFLY RESPONSIBLE FOR ANY BREACH OF SECURITY.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR ANY LOSS AND TAKE NO RESPONSIBILITY FOR, AND WILL NOT BE LIABLE TO YOU FOR, ANY USE OF CONTENT, AND/OR CONTENT LINKED TO THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOSSES, DAMAGES, OR CLAIMS ARISING FROM: (A) USER ERROR, INCORRECTLY CONSTRUCTED TRANSACTIONS, OR MISTYPED ADDRESSES; (B) SERVER FAILURE OR DATA LOSS; (C) UNAUTHORIZED ACCESS OR USE; (D) ANY UNAUTHORIZED THIRD-PARTY ACTIVITIES, INCLUDING WITHOUT LIMITATION THE USE OF VIRUSES, PHISHING, BRUTEFORCING OR OTHER MEANS OF ATTACK AGAINST THE SERVICE.

NO HOUSEFLY PARTY IS RESPONSIBLE OR LIABLE FOR ANY SUSTAINED LOSSES OR INJURY DUE TO VULNERABILITY OR ANY KIND OF FAILURE, ABNORMAL BEHAVIOR OF SOFTWARE (E.G., WALLET, SMART CONTRACT), BLOCKCHAINS OR ANY OTHER FEATURES OF THE SERVICE. NO HOUSEFLY PARTY IS RESPONSIBLE FOR LOSSES OR INJURY DUE TO LATE REPORTS BY DEVELOPERS OR REPRESENTATIVES (OR NO REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN SUPPORTING THE SERVICE INCLUDING FORKS, TECHNICAL NODE ISSUES OR ANY OTHER ISSUES HAVING LOSSES OR INJURY AS A RESULT.

15 Assumption of Risk

You accept and acknowledge:

15.1 The regulatory regime governing blockchain technologies, non-fungible tokens, cryptocurrency, and other crypto-based items is uncertain, and new regulations or policies may materially adversely affect the development of the Service.

15.2 You are solely responsible for determining what, if any, taxes apply to your transactions and to withhold, collect, report, and remit the correct amounts of taxes to the appropriate tax authorities. Housefly is not responsible for determining, withholding, collecting, reporting, or remitting the taxes that apply to your activities on Housefly.

15.3 There are risks associated with sending cryptocurrencies to third parties through peer-to-peer transactions. You represent and warrant that you have done sufficient research before making any decisions to send any cryptocurrency to any other Housefly account.

15.4 We do not control the Ethereum blockchain that you are interacting with and we do not control certain smart contracts and protocols that may be integral to your ability to complete transactions on these public blockchains. Additionally, blockchain transactions are irreversible and Housefly has no ability to reverse any transactions on the blockchain.

15.5 There are risks associated with using Internet and blockchain based products, including, but not limited to, the risk associated with hardware, software, and Internet connections, the risk of malicious software introduction, and the risk that third parties may obtain unauthorized access to your third-party wallet or Account. You accept and acknowledge that Housefly will not be responsible for any communication failures, disruptions, errors, distortions or delays you may experience when using the Service or the Polygon network on the Ethereum blockchain.

15.6 The Service relies on third-party platforms and/or vendors. If we are unable to maintain a good relationship with such platform providers and/or vendors; if the terms and conditions or pricing of such platform providers and/or vendors change; if we violate or cannot comply with the terms and conditions of such platforms and/or vendors; or if any of such platforms and/or vendors loses market share or falls out of favor or is unavailable for a prolonged period of time, access to and use of the Service will suffer.

15.7 If you have a dispute with one or more Housefly accounts, YOU RELEASE US FROM CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES. IN ENTERING INTO THIS RELEASE YOU EXPRESSLY WAIVE ANY PROTECTIONS (WHETHER STATUTORY OR OTHERWISE) THAT WOULD OTHERWISE LIMIT THE COVERAGE OF THIS RELEASE TO INCLUDE THOSE CLAIMS WHICH YOU MAY KNOW OR SUSPECT TO EXIST IN YOUR FAVOR AT THE TIME OF AGREEING TO THIS RELEASE.

16 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL HOUSEFLY OR ITS SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM THESE TERMS OR THE SERVICE, PRODUCTS OR THIRD-PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF HOUSEFLY OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) FOR ANY OTHER CLAIM, DEMAND, OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF THE DELIVERY, USE, OR PERFORMANCE OF THE SERVICE. ACCESS TO, AND USE OF, THE SERVICE, PRODUCTS OR THIRD-PARTY SITES, AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF HOUSEFLY ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS, THE ACCESS TO AND USE OF THE SERVICE, CONTENT, OR ANY HOUSEFLY PRODUCTS OR SERVICES EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT RECEIVED BY HOUSEFLY FOR ITS SERVICE DIRECTLY RELATING TO THE ITEMS THAT ARE THE SUBJECT OF THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

17 Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use, and share personal data about you. By submitting personal data through our Service, you agree to the terms of our Privacy Policy and you expressly consent to the collection, use, and disclosure of your personal data in accordance with the Privacy Policy.

18 Termination

If you violate any provision of these Terms, your authorization to access the Service and these Terms automatically terminate. In addition, Housefly may, at its sole discretion, terminate these Terms or your Account, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice. You may terminate your Account and these Terms at any time by contacting customer service at support@housefly.io

19 Miscellaneous

These Terms constitute the entire agreement between you and Housefly relating to your access to and use of the Service. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Housefly, and Housefly’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for reference only and shall not be read to have any legal effect. You may not assign your rights or obligations under this Agreement to any party. You may not amend or waive any provision of this Agreement unless in writing and signed by both parties. If any provision of this Agreement is held to be invalid or unenforceable, that provision shall be eliminated or limited to the minimum extent necessary such that the intent of the parties is effectuated, and the remainder of this Agreement shall have full force and effect.