TERMS OF SERVICE

LAST REVISED ON: JUN 29, 2023

The following Terms of Service (the “Terms”) apply to your access and use of ButterApps
LLC’s (“Company”, “we”, “our”, or “us”) websites, applications, and other online services,
including but not limited to the Lifa App website ([Link] and Lifa App mobile
application (collectively, the “Lifa App”) and other content, features, and services made
available therein by Company (collectively with the Lifa App, the “Services”). Certain features
of the Services may be subject to additional guidelines, policies, terms, or rules, which will be
posted on the Services in connection with such features. All such additional terms, policies,
guidelines, and rules are incorporated by reference into these Terms.

THESE TERMS SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT
GOVERN YOUR USE OF THE SERVICES. BY ACCESSING OR USING THE SERVICES,
YOU ARE ACCEPTING THESE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY
THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE
THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS (ON
BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MUST BE AT
LEAST 13 YEARS OLD TO ACCESS AND USE THE SERVICES. IF YOU ARE UNDER 18
OR OTHER APPLICABLE AGE OF MAJORITY IN YOUR JURISDICTION OR
OTHERWISE DO NOT HAVE THE AUTHORIY TO ENTER INTO AGREEMENTS SUCH
AS THESE TERMS, YOU REPRESENT AND WARRANTY THAT YOU ARE NOT UNDER
THE AGE OF 13 AND THAT YOUR LEGAL GUARDIAN OR A HOLDER OF PARENTAL
RESPONSIBILITY HAS REVIEWED AND AGREED TO THESE TERMS AND HAS GIVEN
YOU PERSMISSION TO ACCESS AND USE THE SERVICES. IF YOU DO NOT OR, AS
APPLICABLE, YOUR LEGAL GUARANDIAN OR HOLDER OF PARENTAL
RESPONSIBILITY DOES NOT AGREE WITH ALL OF THE PROVISIONS OF THESE
TERMS, DO NOT ACCESS AND/OR USE THE SERVICES.

PLEASE BE AWARE THAT SECTION 11.3 CONTAINS PROVISIONS GOVERNING

HOW TO RESOLVE DISPUTES BETWEEN YOU AND COMPANY. AMONG OTHER
THINGS, SECTION 11.3 INCLUDES AN AGREEMENT TO ARBITRATE WHICH
REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU
AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION
11.3 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE
READ SECTION 11.3 CAREFULLY.

UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE WITHIN 30 DAYS:

(1) YOU WILL ONLY BE PERMITTED TO PURSUE DISPUTES OR CLAIMS AND
SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR
PROCEEDING AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS
ACTION LAWSUIT OR CLASS-WIDE ARBITRATION; AND (2) YOU ARE WAIVING
YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT
OF LAW AND TO HAVE A JURY TRIAL.

1. ACCOUNTS AND ADD-ON FEATURES

1.1. Account Creation. In order to have access to and use certain features and
functionalities of the Services, you must register for either a Basic Account (defined
below) or a Premium Account (defined below) (each also referred to as an “Account”)
and provide certain information about yourself as prompted by the account registration
form such as name and email address. You represent and warrant that: (a) all required
registration information you submit is truthful and accurate; (b) you will maintain the
accuracy of such information; and (c) you will not impersonate someone else, provide an
email address other than your own, create multiple Accounts, or transfer your Account to
another person or allow another person to access your Account without our approval. You
may delete your Account at any time, for any reason, by following the instructions in the
Services. Company may suspend or terminate your Account in accordance with Section
9.

(a) Basic Account. A “Basic Account” means the account you create to
access and use the Services that has access to all the then-current basic features of the
Lifa App which are offered to all Account-holder users regardless of Account type such
as ability to sign-in and load your User Content (defined below) and any purchased Add-
One Features (defined below) on multiple devices, to download your text based User
Content at any time, and to engage in collaborative creation of User Content with other
users. Basic Accounts are available at no cost to users.

(b) Premium Account. A “Premium Account” means the account you create
to access and use the Services that has access to not only all the then-current basic
features of the Lifa App which are offered to all Account-holder users regardless of
Account type, but also the then-current premium features of the Lifa App (excluding
Add-On Features (defined below) which are offered to users separately) offered to users
who subscribe to premium access such as access to monthly messaging of up to five
hundred (500) messages with the artificial intelligence chatbot incorporated within Lifa
App (“ChatAI”). Premium Accounts are available for the Subscription Fee (defined
below) as communicated to you at the time of your purchase.

1.2. Account Responsibilities. You are responsible for maintaining the

confidentiality of your Account login information and are fully responsible for all
activities that occur under your Account. You agree to immediately notify Company of
any unauthorized use, or suspected unauthorized use of your Account or any other breach
of security. Company cannot and will not be liable for any loss or damage arising from
your failure to comply with the above requirements.
 1.3. Add-On Features. Company may also offer to users from time-to-time certain
additional premium features in its Services (“Add-On Features”) for a one-time payment
communicated to you at the time of your purchase (“One-Time Payment”). By way of
example, Add-On Features include Lifa App’s Fame Phone feature (including features
such as alternative reality social media profiles) and Lifa App’s Hero/Villain reality
feature (including but not limited to additional features such as weapons, missions,
combat skills, costumes, and team).

2. ACCESS TO AND RIGHT TO USE THE SERVICES

2.1. License. Subject to these Terms, Company grants you a non-transferable, non-
exclusive, revocable, limited license to use and access the Services solely for your own
personal, noncommercial use.

2.2. Certain Restrictions. The rights granted to you in these Terms are subject to the
following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign,
distribute, host, or otherwise commercially exploit the Services, whether in whole or in
part, or any content displayed on the Services; (b) you shall not modify, make derivative
works of, disassemble, reverse compile or reverse engineer any part of the Services; (c)
you shall not access the Services in order to build a similar or competitive website,
product, or service; and (d) except as expressly stated herein, no part of the Services may
be copied, reproduced, distributed, republished, downloaded, displayed, posted or
transmitted in any form or by any means. Unless otherwise indicated, any future release,
update, or other addition to functionality of the Services shall be subject to these Terms.
All copyright and other proprietary notices on the Services (or on any content displayed
on the Services) must be retained on all copies thereof.

2.3. Modification. Company reserves the right, at any time and for any reason, to
change, modify, update, interrupt, suspend, or discontinue the Services (in whole or in
part) with or without notice to you. This may result in content or features in the Services
being added, removed, or modified. You agree that Company will not be liable to you or
to any third party for any change, modification, update, interruption, suspension, or
discontinuation of the Services or any part thereof.

2.4. No Support or Maintenance. You acknowledge and agree that Company will
have no obligation to provide you with any support or maintenance in connection with
the Services.

2.5. Ownership. Excluding any User Content that you may provide (defined below),
you acknowledge that all the intellectual property rights, including copyrights, patents,
trademarks, and trade secrets, in the Services and their content are owned by Company or
Company’s suppliers. Neither these Terms (nor your access to or use of the Services)
transfers to you or any third party any rights, title or interest in or to such intellectual
property rights, except for the limited access rights expressly set forth in Section 2.1.
Company and its suppliers reserve all rights not expressly granted in these Terms. There
are no implied licenses granted under these Terms.

2.6. Additional Terms for Apple and Android Devices. The following terms apply
when you access the Service through either the Apple App Store or Google Play (each an
“App Distributor”):

(a) these Terms are concluded between you and Company, not with either App
Distributor, and Company (not either App Distributor) is solely responsible for the
Services.

(b) the license granted to you for our Services is limited to a non-transferable
license to use the Services on a device that utilizes the Apple iOS or Android operating
systems, as applicable, and in accordance with the usage rules set forth in the applicable
App Distributor’s terms of service;

(c) we are responsible for providing any maintenance and support services
with respect to the Services as specified in the terms and conditions contained in these
Terms or as otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and support services
with respect to the Services;

(d) in the event of any failure of the Services to conform to any applicable
warranty, you may notify the applicable App Distributor, and the App Distributor, in
accordance with its terms and policies, may refund the purchase price, if any, paid for the
Services, and to the maximum extent permitted by applicable law, the App Distributor
will have no other warranty obligation whatsoever with respect to the Services;

(e) the applicable App Distributor is not responsible for addressing any claims
you have or any claims of any third party relating to the Services or your possession and
use of the Services, including, but not limited to: (i) product liability claims; (ii) any
claim that the Services fails to conform to any applicable legal or regulatory requirement;
and (iii) claims arising under consumer protection, privacy, or similar legislation;

(f) in the event of any third-party claim that the Services or your possession
and use of the Services infringes that third party’s intellectual property rights, we will be
solely responsible for the investigation, defense, settlement and discharge of any such
intellectual property infringement claim to the extent required by this Terms;

(g) you represent and warrant that (a) you are not located in a country that is
subject to a U.S. government embargo, or that has been designated by the U.S.
government as a “terrorist supporting” country; and (b) you are not listed on any U.S.
government list of prohibited or restricted parties;
 (h) you must comply with applicable third-party terms of agreement when
using the Services; and

(i) you acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in these Terms, and that each App Distributor
will have the right (and will be deemed to have accepted the right) to enforce the terms
and conditions in these Terms against you as a third-party beneficiary thereof.

2.7. Access to the Services from Outside the United States. Using the Services
may be prohibited or restricted in certain countries. If you use the Services from outside
of the United States, you are fully responsible for complying with the laws and
regulations of the territory from which you access or use the Services.

2.8. Privacy. In addition, when using or accessing the Services, you shall be subject
to our Privacy Policy. Please review our Privacy Policy at [Link]

3. PURCHASES IN THE SERVICES

3.1. General. Whenever you purchase a subscription for a Premium Account

(“Subscription”) and/or purchase an Add-On Feature (each, a “Transaction”), you
expressly authorize us (or our third-party payment processor, which may be the
applicable app store like the Apple App Store or Google Play) to charge you for such
Transaction. We may ask you to supply additional information relevant to your
Transaction, including your credit card number, the expiration date of your credit card
and your email and postal addresses for billing and notification (such information,
“Payment Information”). You represent and warrant that you have the legal right to use
all payment method(s) represented by any such Payment Information. When you initiate a
Transaction, you authorize us to provide your Payment Information to third parties so we
can complete your Transaction and to charge your payment method for the amount and
type of Transaction you have selected (plus all applicable taxes and other charges). You
may need to provide additional information to verify your identity before completing
your Transaction (such information is included within the definition of Payment
Information).

3.2. Subscriptions. If you purchase a Subscription, you will be charged the

subscription fee, plus any applicable taxes, and other charges (“Subscription Fee”), at
the beginning of your Subscription and each subscription period thereafter (the period of
which is communicated to you at the time of your purchase of the subscription), at the
then-current Subscription Fee. If you purchase a Subscription, unless you cancel your
Subscription before the end of your current subscription period, your Subscription will
automatically renew, and we (or our third-party payment processor) will automatically
charge you on the commencement of each renewed subscription period, using the
Payment Information you have provided. Your Subscription will continue to
automatically renew until you cancel your Subscription. By agreeing to this Agreement
 and electing to purchase a Subscription, you acknowledge that your Subscription has
recurring payment features and you accept responsibility for all recurring payment
obligations prior to cancellation of your Subscription by you or Company. Your
Subscription continues until cancelled by you or we terminate your access to or use of the
Services or the Subscription in accordance with this Agreement.

3.3. Cancelling One-Time Payment or Subscription. YOUR PURCHASE OF AN

AD-ON FEATURE AND/OR A SUBSCRIPTION IS FINAL AND NON-
REFUNDABLE AND YOU WILL NOT BE ABLE TO CANCEL THE PURCHASE
AND/OR RECEIVE A REFUND OF ANY ONE-TIME PAYMENT OR
SUBSCRIPTION FEE AT ANY TIME. If something unexpected happens in the course of
completing a Transaction, we reserve the right to cancel your Transaction for any reason.
If we cancel your Transaction, we’ll refund any payment you have already remitted to us
for such Transaction. Without limiting the foregoing, you may cancel your Subscription
at any time, but please note that such cancellation will only be effective at the end of the
then-current Subscription period. EXCEPT AS SET FORTH ABOVE, YOU WILL NOT
RECEIVE A REFUND OF ANY PORTION OF ANY SUBSCRIPTION FEE PAID FOR
ANY SUBSCRIPTION PERIOD AT THE TIME OF CANCELLATION. You will be
responsible for all Subscription Fees (plus any applicable taxes and other
charges) incurred for the then-current Subscription period. You may cancel your
subscription via the functionality of the applicable app store or in the Services. If you
cancel, your right to use the Subscription features of the Services will continue until the
end of your then current subscription period and will then terminate without further
charges.

4. USER CONTENT

4.1. User Content. “User Content” means any and all information and content that a
user submits to, or uses with, the Services (e.g., content in the user’s profile or postings
such as, by way of example only, messages with and to the ChatAI feature and any
realities, characters, clones, stories, scripts, scenarios, diaries, appearances, wardrobes
and outfits, belongings, or wallets created by users in the Services, including in Add-On
Features). You are solely responsible for your User Content. You assume all risks
associated with use of your User Content, including any reliance on its accuracy,
completeness or usefulness by others, or any disclosure of your User Content that
personally identifies you or any third party. You hereby represent and warrant that your
User Content does not violate our Acceptable Use Policy (defined in Section 4.3). You
may not represent or imply to others that your User Content is in any way provided,
sponsored or endorsed by Company. Because you alone are responsible for your User
Content, you may expose yourself to liability if, for example, your User Content violates
the Acceptable Use Policy. Company is not obligated to backup any User Content, and
your User Content may be deleted at any time without prior notice. You are solely
responsible for creating and maintaining your own backup copies of your User Content if
you desire.

4.2. License. You hereby grant (and you represent and warrant that you have the right
to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, fully
transferable and sub-licensable, worldwide right and license to reproduce, copy, adapt,
modify, distribute, publicly display and perform, prepare derivative works of, incorporate
into other works, and otherwise use, commercialize, and exploit your User Content, and
to grant sublicenses of the foregoing rights, for any purpose whatsoever including,
without limitation, use in or for the Services and for advertising, marketing, or any other
non-commercial or commercial purpose in any manner or media format whatsoever
without any further notice or compensation to you of any kind. You hereby irrevocably
waive (and agree to cause to be waived) any claims and assertions of moral rights of
paternity, publication, reputation, or attribution with respect to your User Content,
including but not limited to Company’s (including its licensees, successors, and assigns)
and other users’ use and enjoyment of your User Content in connection with the Services
and related goods and services. The foregoing grant of license to Company and waiver of
any applicable moral rights survives any termination of these Terms.

4.3. Acceptable Use Policy. The following terms constitute our “Acceptable Use
Policy”:

(a) You agree not to use the Services to collect, upload, transmit, display, or
distribute any User Content (i) that violates any third-party right, including any copyright,
trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other
intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive,
degrading, intimidating, tortious, threatening, harmful, invasive of another’s privacy,
vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene,
patently offensive, promotes illegal or harmful activities or substances, promotes racism,
bigotry, hatred, or physical harm of any kind against any group or individual, or is
otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in
violation of any law, regulation, or obligations or restrictions imposed by any third party.

(b) In addition, you agree not to: (i) upload, transmit, or distribute to or
through the Services any computer viruses, worms, or any software intended to damage
or alter a computer system or data; (ii) send through the Services unsolicited or
unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid
schemes, or any other form of duplicative or unsolicited messages, whether commercial
or otherwise; (iii) use the Services to harvest, collect, gather or assemble information or
data regarding other users, including e-mail addresses, without their consent; (iv)
interfere with, disrupt, or create an undue burden on servers or networks connected to the
Services, or violate the regulations, policies or procedures of such networks; (v) attempt
to gain unauthorized access to the Services (or to other computer systems or networks
connected to or used together with the Services), whether through password mining or
 any other means; (vi) harass or interfere with any other user’s use and enjoyment of the
Services; (vi) use software or automated agents or scripts to produce multiple accounts on
the Services, or to generate automated searches, requests, or queries to (or to strip, scrape,
or mine data from) the Services; (vii) use the Services for any commercial, revenue
generating endeavor, or competitive purposes, including to create any product or service
that competes with, or is designed to compete with, any of Company’s products or
services; (vii) use the Services, or any portion thereof, for the benefit of any third party or
in any manner not permitted by these Terms; (viii) violate any applicable laws, rules, or
regulations in connection with your access or use of the Services; (ix) remove, alter, or
obscure any proprietary notice (including any notice of copyright or trademark) posted by
us; or (x) make the functionality of the Services available to multiple users through any
means.

4.4. Enforcement. We reserve the right (but have no obligation) to review, refuse,
screen, edit, and/or remove any User Content, and to investigate and/or take appropriate
action against you in our sole discretion if you violate the Acceptable Use Policy or any
other provision of these Terms or otherwise create liability for us or any other person.
Such action may include removing or modifying your User Content, terminating your
rights to access and use the Services (including terminating your Account, Subscription,
and/or Add-On Features as applicable) in accordance with Section 9, and/or reporting you
to law enforcement authorities.

4.5. Feedback. If you provide Company with any feedback, ideas, thoughts, or
suggestions regarding the Services (“Feedback”), you hereby assign to Company all
rights in such Feedback and agree that Company shall have the right to use and fully
exploit such Feedback and related information in any manner it deems appropriate.
Company will treat any Feedback you provide to Company as non-confidential and non-
proprietary. You agree that you will not submit to Company any information or ideas that
you consider to be confidential or proprietary.

5. INDEMNIFICATION.

You agree to indemnify and hold Company (and its affiliates, officers, directors, employees,
contractors, suppliers, agents, and other representatives) harmless, including costs and attorneys’
fees, from any claim or demand made by any third party due to or arising out of (a) your access
to or use of the Services, (b) your violation of these Terms or the Privacy Policy, (c) your
violation of applicable laws or regulations or (d) your User Content. Company reserves the
right, at your expense, to assume the exclusive defense and control of any matter for which you
are required to indemnify us, and you agree to cooperate with our defense of these claims. You
agree not to settle any matter without the prior written consent of Company. Company will use
reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of
it.

6. THIRD-PARTY LINKS & ADS; OTHER USERS

6.1. Third-Party Links & Ads. The Services may contain access or links to third-
party websites, products, and/or services, and/or display advertisements for third parties
(collectively, “Third-Party Links & Ads”). Such Third-Party Links & Ads are not
under the control of Company, and Company is not responsible for any Third-Party Links
& Ads, including but not limited to not being liable for any losses or harmed caused by
such third parties or any charges you incur in relation to such third parties. Company
provides access to these Third-Party Links & Ads only as a convenience to you, and does
not review, approve, monitor, endorse, warrant, or make any representations with respect
to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and
should apply a suitable level of caution and discretion in doing so. When you access or
click on any of the Third-Party Links & Ads, the applicable third party’s terms and
policies apply, including the third party’s privacy and data gathering practices. You
should make whatever investigation you feel necessary or appropriate before proceeding
with any use or transaction in connection with such Third-Party Links & Ads.

6.2. Other Users. Users of the Services are able to upload to the Services and, solely
for non-commercial purposes, voluntarily share with other users certain forms of their
User Content (including but not limited to realities, characters, clones, stories, scripts,
scenarios, diaries, locations, appearances, wardrobes and outfits, belongings, or wallets
created by such user) and collaborate with other users in the creation of certain forms of
User Content such as realities, characters, clones, stories, scripts, scenarios, diaries,
locations, appearances, wardrobes and outfits, belongings, and wallets. Each user of the
Services is solely responsible for any and all of its own User Content. Because we do not
control User Content, you acknowledge and agree that we are not responsible for any
User Content, whether provided by you or by others. We make no guarantees regarding
the availability, accuracy, currency, suitability, or quality of any User Content and your
use of and reliance on any User Content is at your own risk. Your interactions with other
users of the Services are solely between you and such users. You agree that Company
will not be responsible for any loss or damage incurred as the result of any such
interactions or use of User Content. If there is a dispute between you and any other user
of the Services, we are under no obligation to become involved.

6.3. Release. You hereby release and forever discharge the Company (and our
affiliates, officers, directors, employees, contractors, suppliers, agents, other
representatives successors, and assigns) from, and hereby waive and relinquish, each and
every past, present and future dispute, claim, controversy, demand, right, obligation,
liability, action and cause of action of every kind and nature (including personal injuries,
death, and property damage), that has arisen or arises directly or indirectly out of, or that
relates directly or indirectly to, the Services (including any interactions with, or act or
omission of, other users or any Third-Party Links & Ads). IF YOU ARE A
CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE
SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR
 OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR
HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF
KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR
HER SETTLEMENT WITH THE DEBTOR OR REALEASED PARTY.”

7. DISCLAIMERS

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND
COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL
WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR
S TAT U T O RY, I N C L U D I N G A L L WA R R A N T I E S O R C O N D I T I O N S O F
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS)
MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS,
WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL
CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY
WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE
LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES,

SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
ABOVE LIMITATION MAY NOT APPLY TO YOU.

8. LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY

(OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST
PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR
ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR
PUNITIVE DAMAGES ARISING FROM OR RELATING TO THESE TERMS OR YOUR
ACCESS TO OR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND
USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER
SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING

TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY
DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE
WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL
TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE
EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU
AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING
FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF

LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

9. TERM AND TERMINATION.

Subject to this Section, these Terms will remain in full force and effect while you use the
Services. We may suspend or terminate your rights to access and use the Services (including
your Account, Subscription, and/or Add-On Features, as applicable) at any time for any reason at
our sole discretion, including for any use of the Services in violation of these Terms. You may
terminate this Agreement at any time by deleting all copies of the Services (including the Lifa
App) from your devices and, if you have an Account, deleting your Account by sending an email
to us at admin@[Link] or via the functionality in the Services; deleting your Account and
all copies of the Services from your devices is your sole method of terminating this Agreement.
Upon termination of your rights under these Terms, your right to access and use the Services and
your Account, Subscription and/or Add-On Features, as applicable, will terminate immediately
and you will not be entitled to any refund of Subscription Fees or One-Time Payments. You
understand that any termination of your Account may involve deletion of your User Content
associated with your Account from our live databases. Company will not have any liability
whatsoever to you for any termination of your rights under these Terms, including for
termination of your Account, Subscription, or Add-On Features or deletion of your User Content.
Even after your rights under these Terms are terminated, the following provisions of these Terms
will survive and remain in effect: Sections 2.2 through 2.6, Section 4, and Sections 5 through 11.

10. COPYRIGHT POLICY.

Company respects the intellectual property of others and asks that users of our Services do the
same. In connection with our Services, we have adopted and implemented a policy respecting
copyright law that provides for the removal of any infringing materials and for the termination,
in appropriate circumstances, of users of our Services who are repeat infringers of intellectual
property rights, including copyrights. If you believe that one of our users is, through the use of
our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly
infringing material removed, the following information in the form of a written notification
(pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

1. your physical or electronic signature;

2. identification of the copyrighted work(s) that you claim to have been infringed;
3. identification of the material on our services that you claim is infringing and that you
request us to remove;
4. sufficient information to permit us to locate such material;
 5. your address, telephone number, and e-mail address;
6. a statement that you have a good faith belief that use of the objectionable material is not
authorized by the copyright owner, its agent, or under the law; and
7. a statement that the information in the notification is accurate, and under penalty of
perjury, that you are either the owner of the copyright that has allegedly been infringed or
that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities)
in a written notification automatically subjects the complaining party to liability for any
damages, costs, and attorney’s fees incurred by us in connection with the written notification and
allegation of copyright infringement.

11. GENERAL

11.1. Changes. These Terms are subject to occasional revision, and if we make any
substantial changes, we may notify you by sending you an e-mail to the last e-mail
address you provided to us (if any), and/or by prominently posting notice of the changes
on our Services. You are responsible for providing us with your most current e-mail
address. In the event that the last e-mail address that you have provided us is not valid, or
for any reason is not capable of delivering to you the notice described above, our dispatch
of the e-mail containing such notice will nonetheless constitute effective notice of the
changes described in the notice. Continued use of our Services following notice of such
changes shall indicate your acknowledgement of such changes and agreement to be
bound by the terms and conditions of such changes.

11.2. Applicable Law. You agree that the laws of the state of California and applicable
federal laws, without regard to conflicts of laws provisions, will govern these Terms and
any dispute that may arise between you and Company.

11.3. Dispute Resolution. Please read the following arbitration agreement in this
Section 11.3 (the “Arbitration Agreement”) carefully. It requires you to arbitrate
disputes with Company, its parent companies, subsidiaries, affiliates, successors and
assigns and all of their respective officers, directors, employees, agents, and
representatives (collectively, the “Company Parties”) and limits the manner in which
you can seek relief from the Company Parties.

(a) Applicability of Arbitration Agreement. You agree that any past or

present dispute, claim or controversy between you and any of the Company Parties
relating in any way to the Services, any communications you receive, any product or
service provided by the Company, or these Terms (collectively, “Disputes”) will be
resolved by final and binding arbitration, rather than in court, except as otherwise
explicitly set out in this Arbitration Agreement such as that (1) you and the Company
Parties may assert individualized claims in small claims court if the claims qualify,
remain in such court and advance solely on an individual, non-class basis; and (2) you or
the Company Parties may seek equitable relief in court for infringement or other misuse
of intellectual property rights (such as trademarks, trade dress, domain names, trade
secrets, copyrights, and patents). This Arbitration Agreement shall survive the
expiration or termination of these Terms and shall apply, without limitation, to all
claims that arose or were asserted before you agreed to these Terms (in accordance
with the preamble) or any prior version of these Terms.

(b) Notice Requirement and Informal Dispute Resolution. Before either

party may seek arbitration, the party must first send to the other party a written Notice of
Dispute (“Notice”) describing the nature and basis of the Dispute, and the requested
relief. A Notice to the Company should be sent via email to admin@[Link] and via
mail to ButterApps LLC, 1240 S Harvard Blvd., Los Angeles, CA 90006. After the
Notice is received, you and the Company may attempt to resolve the Dispute informally.
If you and the Company do not resolve the Dispute within thirty (30) days after the
Notice is received, either party may begin an arbitration proceeding. Any statute of
limitations will be tolled during the thirty (30) day resolution process. The amount of any
settlement offer made by any party may not be disclosed to the arbitrator until after the
arbitrator has determined the amount of the award, if any, to which either party is entitled.

(c) Arbitration Rules. Arbitration shall be initiated through the American

Arbitration Association (“AAA”), an established alternative dispute resolution provider
(“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not
available to arbitrate, the parties shall agree to select an alternative ADR Provider. The
rules of the ADR Provider shall govern all aspects of the arbitration, including but not
limited to the method of initiating and/or demanding arbitration, except to the extent such
rules are in conflict with the Terms. The AAA Consumer Arbitration Rules
(“Arbitration Rules”) governing the arbitration are available online at [Link] or
by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single,
neutral arbitrator. Any Disputes where the total amount of the award sought is less than
Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-
appearance-based arbitration, at the option of the party seeking relief. For Disputes
where the total amount of the award sought is Ten Thousand U.S. Dollars (US
$10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.
Unless the parties agree otherwise, any hearing will be held in Los Angeles or, upon your
request, in the city closest to your location where AAA maintains an office. If you reside
outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time
and place of any oral hearings. Unless otherwise agreed to, all arbitration proceedings
shall be held in English. Any judgment on the award rendered by the arbitrator may be
entered in any court of competent jurisdiction. Each party shall bear its own costs
(including attorney’s fees) and disbursements arising out of the arbitration and agreed that
payment of all filing, administration and arbitrator fees for the ADR Provider will be
governed by the Arbitration Rules.
 (d) Additional Rules for Non-Appearance Based Arbitration. If non-
appearance based arbitration is elected, the arbitration shall be conducted by telephone,
online and/or based solely on written submissions; the specific manner shall be chosen by
the party initiating the arbitration. The arbitration shall not involve any personal
appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits. If you or the Company pursue arbitration, the arbitration
action must be initiated and/or demanded within the statute of limitations (i.e., the legal
deadline for filing a claim) and within any deadline imposed under the Arbitration Rules
for the pertinent claim.

(f) Authority of Arbitrator. If arbitration is initiated, the arbitrator will have

exclusive authority to decide all issues relating to the formation, interpretation,
applicability, enforceability, and scope of this Arbitration Agreement and to decide the
rights and liabilities, if any, of you and the Company Parties, and the Dispute will not be
consolidated with any other matters or joined with any other cases or parties. The
arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
The arbitrator shall have the authority to award monetary damages, and to grant any non-
monetary remedy or relief available to an individual under applicable law, the Arbitration
Rules, and the Terms. The arbitrator shall issue a written award and statement of decision
describing the essential findings and conclusions on which any award (or decision not to
render an award) is based, including the calculation of any damages awarded. The
arbitrator shall follow the applicable law. The arbitrator has the same authority to award
relief on an individual basis that a judge in a court of law would have. The award of the
arbitrator is final and binding upon you and the Company. Judgment on the arbitration
award may be entered in any court having jurisdiction.

(g) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR

CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A
TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Disputes shall be
resolved exclusively by arbitration under this Arbitration Agreement. Arbitration
procedures are typically more limited, more efficient and less costly than rules applicable
in a court and are subject to very limited review by a court. In the event any litigation
should arise between you and the Company Parties in any state or federal court in a suit
to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY
PARTIES WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the Dispute
be resolved by a judge.

(h) Waiver of Class or Consolidated Actions. ALL CLAIMS AND

DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE
ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A
CLASS, REPRESENTATIVE, OR COLECTIVE BASIS, AND THE PARTIES HEREBY
WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD,
ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE,
REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS
AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER
CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH
THOSE OF ANY OTHER CUSTOMER OR USER.

(i) Confidentiality. All aspects of the arbitration proceeding, including but

not limited to the award of the arbitrator and compliance therewith, shall be strictly
confidential. The parties agree to maintain confidentiality unless otherwise required by
law. This paragraph shall not prevent a party from submitting to a court of law any
information necessary to enforce this Arbitration Agreement, to enforce an arbitration
award, or to seek injunctive or equitable relief.

(j) Severability. If any part or parts of this Arbitration Agreement are found
under the law to be invalid or unenforceable by a court of competent jurisdiction, then
such specific part or parts shall be of no force and effect and shall be severed and the
remainder of the Arbitration Agreement shall continue in full force and effect.

(k) Right to Waive. Any or all of the rights and limitations set forth in this
Arbitration Agreement may be waived by the party against whom the claim is asserted.
Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(l) Survival of Agreement. This Arbitration Agreement will survive the

termination of your relationship with Company.

(m) Small Claims Court. Notwithstanding the foregoing, either you or the
Company may bring an individual action in small claims court.

(n) Emergency Equitable Relief. Notwithstanding the foregoing, either

party may seek emergency equitable relief before a state or federal court in order to
maintain the status quo pending arbitration. A request for interim measures shall not be
deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(o) Claims Not Subject to Arbitration. Notwithstanding the foregoing,

claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement
or misappropriation of Company’s patent, copyright, trademark, trade secrets, or other
intellectual property rights shall not be subject to this Arbitration Agreement.

(p) Courts. In any circumstances where the foregoing Arbitration Agreement

permits the parties to litigate in court, the parties hereby agree to submit to the personal
jurisdiction of the state and federal courts located within Los Angeles County, California,
for such purpose.

(q) Opt-Out. You will retain the right to opt out of arbitration entirely and
litigate any Dispute if you provide us with written notice of your desire to do so via email
to admin@[Link] or via mail to ButterApps LLC, 1240 S Harvard Blvd., Los
Angeles, CA 90006 within thirty (30) days following the date you first become subject to
this Arbitration Agreement. Your written notice must include your name, mailing address,
email address, and a clear statement that you want to opt out of this Arbitration
Agreement. If you do not opt-out of this arbitration agreement within the thirty (30) day
period, you and Company shall be bound by the terms of this Arbitration Agreement in
full. If you opt-out of this Arbitration Agreement within the thirty (30) day period, all
other parts of these Terms will continue to apply to you. Opting out of this Arbitration
Agreement has no effect on any other arbitration agreements that you may currently have
with us, or

(r) Changes. Notwithstanding any provision in these Terms to the contrary,

we agree that if Company makes any future material change to this Arbitration
Agreement, you may reject that change within 30 days of such change becoming
effective by writing Company via email to admin@[Link] or via mail to
ButterApps LLC, 1240 S Harvard Blvd., Los Angeles, CA 90006. Unless you reject the
change within 30 days of such change becoming effective by writing to Company in
accordance with the foregoing, your continued use of the Services following the posting
of changes to this Arbitration Agreement constitutes your acceptance of any such
changes. Changes to this Arbitration Agreement do not provide you with a new
opportunity to opt out of the Arbitration Agreement if you have previously agreed to a
version of these Terms and did not validly opt out of arbitration. If you reject any change
or update to this Arbitration Agreement, and you were bound by an existing agreement to
arbitrate Disputes arising out of or relating in any way to your access to or use of the
Services, any communications you receive, any product or service provided by the
Company, the Services, or these Terms, the provisions of this Arbitration Agreement as of
the date you first accepted these Terms (or accepted any subsequent changes to these
Terms) remain in full force and effect. Company will continue to honor any valid opt outs
of the Arbitration Agreement that you made to a prior version of these Terms.

11.4. Export. The Services may be subject to U.S. export control laws and may be
subject to export or import regulations in other countries. You agree not to export,
reexport, or transfer, directly or indirectly, any U.S. technical data acquired from
Company, or any products utilizing such data, in violation of the United States export
laws or regulations.

11.5. Electronic Communications. The communications between you and Company

use electronic means, whether you use the Services or send us emails, or whether
Company posts notices on the Services or communicates with you via email. For
contractual purposes, you (a) consent to receive communications from Company in an
electronic form; and (b) agree that all terms and conditions, agreements, notices,
disclosures, and other communications that Company provides to you electronically
satisfy any legal requirement that such communications would satisfy if it were in a
hardcopy writing. The foregoing does not affect your non-waivable rights.
11.6. Entire Terms. These Terms (including any guidelines, policies, terms, or rules
posted by us on the Services) constitute the entire agreement between you and us
regarding the use of the Services. Our failure to exercise or enforce any right or provision
of these Terms shall not operate as a waiver of such right or provision. These Terms
operate to the fullest extent permissible by law. We shall not be responsible or liable for
any loss, damage, delay, or failure to act caused by any cause beyond our reasonable
control. The section titles in these Terms are for convenience only and have no legal or
contractual effect. The word “including” means “including without limitation”. If any
provision of these Terms is, for any reason, held to be invalid or unenforceable, the other
provisions of these Terms will be unimpaired and the invalid or unenforceable provision
will be deemed modified so that it is valid and enforceable to the maximum extent
permitted by law. Your relationship to Company is that of an independent contractor, and
neither party is an agent or partner of the other and there is no joint venture, partnership,
employment, or agency relationship created between you and us as a result of these
Terms or use of the Services. These Terms, and your rights and obligations herein, may
not be assigned, subcontracted, delegated, or otherwise transferred by you without
Company’s prior written consent, and any attempted assignment, subcontract, delegation,
or transfer in violation of the foregoing will be null and void. Company may freely
assign these Terms and any or all of our rights and obligations under these Terms to
others at any time. The terms and conditions set forth in these Terms shall be binding
upon assignees. You agree that these Terms will not be construed against us by virtue of
having drafted them. You hereby waive any and all defenses you may have based on the
electronic form of these Terms and the lack of signing by the parties hereto to execute
these Terms.

11.7. Copyright/Trademark Information. Copyright © 2023 ButterApps LLC All

rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the
Services are our property or the property of other third parties. You are not permitted to
use these Marks without our prior written consent or the consent of such third party
which may own the Marks.

11.8. Contact Information. If you discover any violation of the Terms by others, or
you have any questions about the Services or these Terms, please contact us at:

ButterApps LLC
1240 S Harvard Blvd.
Los Angeles, CA 90006
Telephone: (510) 676-8998
Email: admin@[Link]