WISHGAIN LLC

As a creator, you must register with Wishgain and create an account to use the Services (an "Account") and, as part of that process, you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete.

You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Wishgain for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Wishgain has no control over the use of any user's Account and expressly disclaims any liability derived therefrom.

Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Wishgain immediately.

The person signing up for the Services will be the contracting party ("Account Owner") for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account.

You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account. If Wishgain determines that an Account username impersonates someone else without their express permission or infringes someone's intellectual property, then Wishgain may terminate or suspend such Account in accordance with Section 9 and/or require an updated username.

By providing your mobile phone number and using the Services, you hereby affirmatively consent to Wishgain's use of your mobile phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of the Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages or alterations. Wishgain will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply.

You may opt-out of receiving text messages from us by modifying your Account settings on the Site, texting "STOP" in response to any texts, or by emailing [email protected] and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing [email protected] and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

By providing your email address, you consent to receive electronic communications from us, including notices about your Account, such as password changes and information related to gifts.

As a gifter or creator, all payments must be processed through the third-party payment service provider ("PSP") as indicated on the Services. You may be required to register with the PSP, agree to be bound by the PSP's terms of service, provide your payment details to the PSP, and complete any vetting process requested by the PSP to set up an account with the PSP (the "PSP Services Agreement"). By accepting these Terms of Service, you agree that you have reviewed and agreed to the PSP Services Agreement. Wishgain is not a party to the PSP Services Agreement and has no obligations, responsibility or liability under it.

Gifters pay applicable payment processing fees and any optional climate contribution. The amounts and structure of processing fees may change over time and are determined solely by the PSP.

All prices and fees displayed on the Services are exclusive of applicable federal, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future ("Taxes"). Each creator shall have sole responsibility and liability for all reporting and payment of Taxes applicable to gifts received.

As a Wishgain user, you warrant that you will at all times comply with all laws and regulations relating to Taxes applicable to your use of the Services. If any Tax non-compliance occurs, you agree to notify us by email to [email protected] within seven days. Wishgain is not responsible for advising you on your Taxes and will not be liable for any non-payment of Taxes by users. We collect tax identification information and report this to tax authorities as legally required.

Cash gifts are credited instantly to your Wishgain balance. You may request a payout from your balance through the PSP at any time (subject to the PSP's minimums and processing times). Payouts are processed as promptly as possible and generally within seven business days; however, they may take longer during investigations for fraudulent activity.

"User Generated Content" is defined as any content, information, and materials (textual, audio or visual) that you provide, submit, upload, publish or make otherwise available to the Services, including without limitation a creator's wishlist. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content.

You acknowledge and agree that Wishgain:

• Is not involved in the creation or development of User Generated Content.
• Disclaims any responsibility for User Generated Content.
• Cannot be liable for claims arising out of or relating to User Generated Content.
• Is not obligated to monitor, review or remove User Generated Content, but reserves the right to limit or remove it at its sole discretion.
• Prohibits pornographic or explicit User Generated Content.
• Will report suspected illegal content, including child sexual abuse material, to relevant authorities, including without limitation the National Center for Missing and Exploited Children (NCMEC).

You represent and warrant that your User Generated Content will not be false, infringing, unlawful, defamatory, obscene, violent, hateful, harmful, contain viruses or malicious code, or otherwise violate these Terms or create liability for Wishgain. By making available any User Generated Content, you grant Wishgain a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, copy, adapt, distribute, publicly display, publicly perform, transmit and otherwise exploit such content on the Services. We do not claim ownership of your User Generated Content.

You represent and warrant that: (i) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside; (ii) you have the right, authority and capacity to enter into this Agreement; and (iii) you will act in accordance with all applicable laws.

You agree not to engage in prohibited activities including (without limitation) automated access, spam, interference, unlawful conduct, IP infringement, impersonation, harassment, reverse engineering, bypassing security, etc.

You further represent and warrant compliance with all export control laws, OFAC sanctions, and Anti-Money Laundering Laws. You will not access or use the Services from or for the benefit of any Sanctioned Country or Sanctioned Person, nor engage in money laundering or terrorist financing.

All gifts are monetary cash transfers. There are no physical products, vendors, shipping, customs duties, returns or fulfillment handled by Wishgain. Once sent, a gift cannot be canceled by the gifter except in cases of fraud or at Wishgain's discretion. Creators may, at their sole discretion, refund a gift.

Creators may enable crowdfunding on wishlist items or goals, allowing multiple gifters to contribute (minimum contribution generally $5 unless the remaining balance is lower). Gifts are credited instantly to the creator's balance. Personal messages are delivered with the gift notification.

Wishlists may not include prohibited content (e.g., anything violating User Generated Content rules). Wishgain reserves the right to remove violating content or gifts.

PLEASE READ CAREFULLY.

Disputes must first be attempted to be resolved by emailing [email protected]. If unresolved after 30 days, they will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The seat of arbitration shall be in Wyoming. You and Wishgain waive jury trial and agree to individual (non-class) proceedings only. This section is governed by the Federal Arbitration Act.