1. CONTENT ON APP
   
   1. Content.The App contain a variety of materials and other items relating to Earnscape and its App including text, information, summaries, posts, images, designs, hyperlinks, alerts, graphics, photographs, audio clips, videos, advertising copy, interactive features, and any and all forms of intellectual property (all of the foregoing, collectively “Content”), among other things. All Content on the App is copyrighted as a collective work of Earnscape pursuant to applicable copyright law.
   2. Ownership. All right, title, and interest in and to the Content available via the App is the property of Earnscape or our licensors or certain other third parties, and is protected by U.S. and international intellectual property and unfair competition rights and laws to the fullest extent possible.
   3. Limited License. Earnscape grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to view the Content. Earnscape intellectual property or Content may not be linked to or reproduced on third party Apps, websites, forums, chatrooms, blogs, publications or other content mediums. The App may be immediately suspended or terminated for any reason at any time. Your use of the App must not violate the intellectual property rights of others.
   4. Reservation of Rights As to Content and App. All rights not expressly granted to you are reserved by Earnscape and its licensors and other third parties. Any unauthorized use of any Content or the App for any purpose is prohibited.
2. USE OF APP
   
   1. 1. General. Earnscape may offer users of the App the ability to create, post, upload, and display messages, text, illustrations, files, comments, responses, information, content (including livestreams), reviews, data, questions, suggestions, personally identifiable information, or other information or materials and the ideas contained therein (collectively, “User-Generated Content”). Earnscape may allow you to do this through forums, blogs, message boards, content creation tools (including livestreaming features), social communities, “Contact Us” tools, and other App communications functionality. Subject to the rights and license you grant in these Terms, you retain whatever legally cognizable right, title, and interest that you have in your User-Generated Content and you, ultimately, remain responsible for it.
      2. Non-Confidentiality of Your User-Generated Content. Your User-Generated Content will be treated as non-confidential and non-proprietary by us – and we do not assume any obligation of any kind to you or any third party with respect to your User-Generated Content. Any unsolicited ideas and materials you submit are deemed User-Generated Content and licensed to us as set forth below. You grant us the right to identify you as the author of any of your postings or submissions by name, e-mail address, screen name, or internet protocol address as we deem appropriate.
      3. License to Earnscape of Your User-Generated Content. You hereby grant to Earnscape a non-exclusive, unrestricted, unconditional, unlimited, worldwide, irrevocable, perpetual, royalty and cost-free right and license to use, edit, transmit, modify, display, record, and otherwise use all or any portion of your User-Generated Content (including livestreams and derivative works thereof), for any purpose whatsoever, including but not limited to sharing livestreams with third-party platforms (e.g., YouTube, Twitch) or making them available on the Earnscape website, as configured by you.
      4. Earnscape’s Exclusive Right to Manage Our App. Earnscape may reject, delete, move, re-format, remove or refuse to post or otherwise make use of User-Generated Content to address content that comes to our attention that we believe is offensive, obscene, lewd, lascivious, filthy, violent, harassing, threatening, abusive, illegal or otherwise objectionable or inappropriate, or to enforce the rights of third parties or these Terms or any applicable Additional Terms. You will not have the right, to access, archive, maintain, or otherwise use such User-Generated Content on the App or elsewhere, except California minors have certain rights to have certain content about them that they have themselves posted on the App prospectively removed from public display.
      5. Representations and Warranties Related to Your User-Generated Content. You represent and warrant that you have the authority to use, submit or grant rights to the User-Generated Content, and that your and Earnscape’s use will not infringe any intellectual property or privacy rights, or rights of publicity, the Terms or cause injury or harm to any individuals.
      6. Enforcement you grant us the right to protect and enforce our rights to your User-Generated Content
      7. Participation Rules: Your participation on the App is subject to all of the Terms, including the following:

         Your User-Generated Content. You must own or have rights in the User-Generated Content in order to comply with the Terms.

         Act Appropriately. All of your activities on the App must be considerate and appropriate, as determined by us. Be respectful of others’ opinions and comments so everyone can enjoy the App. If you think your User-Generated Content might offend someone or be embarrassing to someone, then chances are it probably will and it doesn’t belong on the App. Your User-Generated Content must not violate the rights of others. Cursing, harassing, stalking, insulting comments, personal attacks, gossip, and similar actions are prohibited. Your User-Generated Content must not threaten, abuse, or harm others, and it must not include any negative comments that are connected to race, national origin, gender, sexual orientation, religion, or physical handicap. Your User-Generated Content must not be defamatory, libelous, slanderous, indecent, obscene, pornographic, or sexually explicit. Your User-Generated Content must not exploit children under the age of 18. If you use the livestreaming feature, you must ensure your conduct and content during streams remain considerate and appropriate, including interactions with viewers. You may manage viewer participation (e.g., mute, kick, or ban viewers) but must not use these tools to harass or discriminate.

         Do Not Use for Commercial Purposes. Your User-Generated Content must not advertise or promote a product, service, or other commercial activity, except as expressly permitted through the App’s livestreaming monetization features (see “LIVESTREAMING MONETIZATION”).

         Do Not Use to Solicit or Send Unwanted Communications. Do not harvest or collect e-mail addresses or other contact information of others from the App by electronic or other means for any purposes, including to send unsolicited e-mails or other unsolicited communications. Do not solicit personal information from anyone or solicit passwords or personally identifying information for commercial or unlawful purposes. This also includes not uploading, posting, transmitting, sharing or otherwise making available any unsolicited or unauthorized advertising, solicitations, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

         Do Not Use for Inappropriate Purposes. Your User-Generated Content must not promote any infringing, illegal, or other similarly inappropriate activity.

         Be Honest and Do Not Misrepresent Yourself or Your User-Generated Content. Do not impersonate any other person, user, or company, and do not submit User-Generated Content that you believe may be false, fraudulent, deceptive, inaccurate, or misleading, or that misrepresents your identity or affiliation with a person or company.

         Others Can See. We hope that you will use the App to exchange information and content and have appropriate discussions with other members. However, please remember that the App is public or semi-public and User-Generated Content that you submit on the App may be accessible and viewable by other users. Do not submit personally identifying information (e.g., first and last name together, password, phone number, address, credit card number, medical information, e-mail address, or other personally identifiable information or contact information) on the public or semi-public spaces on the App and take care when disclosing this type of information to others. Earnscape cannot be held liable for any loss or injury, including, but not limited to, death or personal injury, or any damages that may result from the User-Generated Content you post on the App.

         Don’t Share Other People’s Personal Information. Your User-Generated Content should not reveal another person’s address, phone number, e-mail address, social security number, credit card number, medical information, financial information, or any other information that may be used to track, contact, or impersonate that individual, unless, and in the form and by the method, specifically requested by Earnscape (e.g., an e-mail address to send an e-mail invite to a friend).

         Don’t Damage the App or Anyone’s Computers or Other Devices. Any User-Generated Content must not submit viruses, Trojan horses, spyware, or any other technologies or malicious code that could impact the operation of the App or any computer or other device.

         We may take any legal action we deem appropriate if User-Generated Content violates these rules.

      8. Rewards. You may earn rewards through activities performed using the App, categorized as either gameplay rewards or livestreaming rewards, as detailed below. Attempting to earn either type of reward without active participation (e.g., “Farming”) is prohibited and may result in forfeiture of all rewards and account bans.

   Gameplay Rewards.You may earn rewards for activities performed using the App, such as engaging in gameplay or completing specific tasks. We aim to process and pay out gameplay reward redemption requests within one business day of receiving a valid request, though we cannot guarantee this due to operational constraints. The amount of gameplay rewards that can be earned by each user is subject to a variable limit based on the number of actions the user has taken to increase their limit. There is a global weekly maximum amount of gameplay rewards that can be earned across all users; once this limit is reached, no more gameplay rewards will be accrued until the start of the next week. Gameplay rewards that are not redeemed within 1 year from their accrual may be subject to forfeiture

   Livestreaming Rewards.You may earn monetary rewards through livestreaming monetization features, including tips/superchats (one-time viewer payments), paid memberships (recurring viewer subscriptions), and revenue from mid-stream advertising, as governed by the “LIVESTREAMING MONETIZATION” section. Livestreaming rewards are processed and paid out using the same mechanism as gameplay rewards, subject to the same goal of processing within one business day of a valid redemption request, though timing may vary due to operational or third-party processor constraints. Livestreaming rewards that are not redeemed within 1 year from their accrual may be subject to forfeiture. Unlike gameplay rewards, livestreaming rewards are not subject to a global weekly maximum, though eligibility and earnings limits may apply as specified in Additional Terms.

   Notification of Forfeiture.For both gameplay and livestreaming rewards, Earnscape will make reasonable efforts to notify you by email to the address associated with your account at least 30 days prior to forfeiture of any unredeemed rewards that have reached the 1-year limit. However, failure to receive this notification does not waive the forfeiture policy.

   Rewards are only for active use.Attempting to earn rewards without active gameplay is considered fraud. This concept, known as Farming, is not permitted. Repeated violations can result in an immediate ban.

   Emulators prohibited. The App is intended for use on bona fide mobile devices (cellular phones and tablets). Use on emulators or simulated environments is prohibited unless expressly authorized by Earnscape for specific purposes (e.g., approved livestreaming tools). Unauthorized use may result in account suspension. Running Earnscape on a desktop, laptop, or any simulated environment without prior written authorization is strictly prohibited and is considered prima facie evidence of fraudulent use. User accounts determined by the Company to have used an emulator, at the Company’s sole discretion, are subject to immediate and permanent suspension.

   Active use means being engaged.This applies to Earnscape and any apps or games you launch with Earnscape. Failing to engage with such an app or game from time to time is OK. An established pattern of no or low engagement during a rewarded session constitutes Farming and is a violation of these Terms.

   1. Tracking and Analytics. We track all activities within the App for the purposes of improving our services and providing aggregated analytics. No individualized user data is shared with or sold to any third parties, except upon request by law enforcement with an appropriate warrant.
   2. Alerting Us of Violations. If you discover any content that violates these Terms, then you may report it to us at support@earnscape.com
3. APP AND CONTENT USE RESTRICTIONS
   
   1. App Use Restrictions. You agree that you will not: (i) violate any local, provincial, state, federal, national, or international law; (ii) intentionally or maliciously interfere or manipulate the successful operation of the App, its servers or networks; (iii) restricting or, in any way, inhibiting any other user from enjoying or using the App; (iv) use the App for any political or commercial purpose, reverse engineer, decompile, disassemble, reverse assemble, or modify any App source or object code or any software or other products, services, or processes accessible through any portion of the App; (v) interfere with a user’s access to the App or the proper operation of the App and any security feature of the App; and (vi) misuse livestreaming features, including circumventing viewer management tools (e.g., mute, kick, ban) or using streams for illegal purposes.
   2. Content Use Restrictions. You also agree that, in using the App, you will not monitor, gather, copy, store, republish or distribute the Content, will preserve all intellectual property rights, will not use or exploit such Content in any way for any purpose except as specifically permitted by these Terms or any applicable Additional Terms or with the prior written consent of an officer of Earnscape or, in the case of Content from a licensor, the owner of the Content.
   3. Availability of App and Content. Earnscape may immediately suspend or terminate the availability of the App and Content (and any elements and features of them), in whole or in part, for any reason, in Earnscape’s sole discretion, and without advance notice or liability.
4. ACCOUNTS AND PROFILES

   When you register for the App, then you agree that you will provide true, accurate, current, and complete registration information about yourself in connection with the registration process and, as permitted, to maintain and update it continuously and promptly to keep it accurate, current, and complete. If you are under the age of thirteen (13), then you are not permitted to register as a user, create a profile or otherwise use the App or submit personal information to us. We will not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

   If any information that you provide, or if we have reasonable grounds to suspect that any information that you provide, is false, inaccurate, outdated, incomplete, or violates these Terms, any applicable Additional Terms, or any applicable law, then we may suspend or terminate your account. You are solely responsible for all activities that occur under your account, password, and username – whether or not you authorized the activity – and you must immediately notify us of any unauthorized use of your account, password, or username, or any other breach of security We also reserve the more general and broad right to terminate your account or suspend or otherwise deny you access to it or its benefits – all in our sole discretion, for any reason, and without advance notice or liability.

   Each user may only have one account. Attempting to circumvent this limitation by creating multiple accounts is a direct violation of these Terms. Violators may be subject to immediate forfeiture of all rewards and temporary or permanent bans on using the services. Users who attempt to circumvent monthly earning limits or claim more rewards than they are rightfully entitled to will also be subject to immediate forfeiture of all rewards and may be banned from using the App.

   Users may be asked to verify their identity. Providing documents associated with another individual is considered fraud and can result in permanent suspension of the account(s) in question. Identity verification may be attempted three (3) times free of charge for each item requested including photo ID, proof of address, and liveness check. After three (3) rejections for an item, each subsequent submission costs the user $30 to submit.

5. PROCEDURE FOR ALLEGING COPYRIGHT INFRINGEMENT

   D. Copyright Infringement Under 17 USC § 512. It is our policy to respond appropriately to clear notices of alleged copyright infringement. Earnscape may remove content that may be infringing on another person’s intellectual property rights with or without notice to the potential infringer, and in accordance with the U.S. Digital Millennium Copyright Act (“DMCA”) and other applicable law.

   If we remove or disable access in response to a DMCA Notice, we will make a good faith attempt to contact the owner or administrator of the affected App or content so that they may make a counter-notification. If you own a copyright in a work (or represent such a copyright owner) and believe that your (or such owner’s) copyright in that work has been infringed by an improper posting or distribution of it via the App, then you may send us a written notice that includes ALL of the following:

   • • 1. a legend or subject line that says: “DMCA Copyright Infringement Notice”;
       2. a description of the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
       3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the App on which the material appears);
       4. your full name, address, telephone number, and e-mail address;
       5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
       6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the copyright owner (or, if you are not the copyright owner, then your statement must indicate that you are authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed); and
       7. your electronic or physical signature.

   Earnscape will only respond to DMCA Notices that it receives by mail, e-mail, or facsimile at the addresses below:

   By Mail: 8 The Green Suite B Dover, DE 19901 United States of America

   By E-Mail: support@earnscape.com

   Earnscape may elect to not respond to DMCA Notices that do not substantially comply with all of the foregoing requirements, and Earnscape may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.

   • • E. DMCA Counter-Notification. If access on the App to a work that you submitted to Earnscape is disabled or the work is removed as a result of a DMCA Notice, and if you believe that the disabled access or removal is the result of mistake or misidentification, then you may send us a DMCA Counter-Notification to the addresses above. Your DMCA Counter-Notification should contain the following information:
       
       1. a legend or subject line that says: “DMCA Counter-Notification”;
       2. a description of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled (please include the URL of the App from which the material was removed or access to it disabled);
       3. a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
       4. your full name, address, telephone number, e-mail address, and the username of your account;
       5. a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or, if the address is located outside the U.S.A., to the jurisdiction of the United States District Court for Delaware), and that you will accept service of process from the person who provided DMCA notification to us or an agent of such person; and
       6. your electronic or physical signature.

   Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

   If we receive a DMCA Counter-Notification, then we may replace the material that we removed (or stop disabling access to it) unless we receive notice that the party who sent the DMCA Copyright Infringement Notice has filed a lawsuit based on infringing activity.

   • • F. Infringement of Other Intellectual Property. If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the App, then you may send us a written notice to the address set forth above that includes all of the following:
       
       1. a legend or subject line that says: “Intellectual Property Infringement Notice”;
       2. a description of the intellectual property that you claim has been infringed;
       3. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL of the App on which the material appears);
       4. your full name, address, telephone number, and e-mail address;
       5. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
       6. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
       7. your electronic or physical signature.

   We will act on such notices in our sole discretion. Any user of the App that fails to respond satisfactorily to Earnscape with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.

   • G. Speed of Response to DMCA Notices and Counter-Notifications.

     Upon receipt of a properly formatted DMCA Notice or DMCA Counter-Notification, Earnscape will endeavor to acknowledge receipt within five (5) business days. After acknowledgment, Earnscape aims to review and act upon these notices within fifteen (15) business days. This may include removing or disabling access to the allegedly infringing material, or restoring access to material that was wrongly removed. These timeframes are guidelines and Earnscape reserves the right to extend them for complex or contentious cases.

   • H. Record-Keeping of DMCA Notices and Counter-Notifications

     Earnscape maintains a record of all received DMCA Notices and Counter-Notifications for a period of at least three (3) years, as required by applicable law. This record may be used for legal proceedings, compliance audits, or any other lawful purpose. All records will be stored in a secure manner, and access to these records will be limited to authorized personnel only.

   • I. Dispute Resolution

     In the event that the party who submitted a DMCA Notice or the party who submitted a DMCA Counter-Notification disagrees with Earnscape’s action following such notice, Earnscape encourages both parties to resolve the dispute amicably through direct communication. If the dispute cannot be resolved, both parties have the right to seek legal remedies under applicable law. Earnscape may, at its sole discretion, elect to be involved in such disputes but is under no obligation to do so.

6. USER RIGHTS UNDER GDPR AND CCPA
   • • 1. GDPR (EU Residents). If you are a resident of the European Union, under the General Data Protection Regulation (GDPR), you have rights to access, rectify, erase, restrict, or port your personal data, object to its processing, and withdraw consent. To exercise these rights, contact us at support@earnscape.com. We may require identity verification. You may also lodge a complaint with your local supervisory authority. Using the livestreaming feature constitutes consent to process your audio/video data, which you may withdraw by discontinuing use.
       2. CCPA (California Residents). If you are a California resident, under the California Consumer Privacy Act (CCPA), you have rights to know what personal information we collect, request its deletion, and opt-out of its sale (though we do not sell your data). To exercise these rights, contact us at support@earnscape.com with identity verification. We will not discriminate against you for exercising these rights. Livestream data shared with third-party platforms is not considered a sale under CCPA but is subject to those platforms’ policies once uploaded.

   California Minors’ Rights. California residents under 18 who have posted content on the App may request its removal by emailing support@earnscape.com with details of the content and its location. We will make reasonable efforts to remove or anonymize it from public view, though complete removal from third-party platforms or archives is not guaranteed.

7. NOTICES, QUESTIONS AND CUSTOMER SERVICE

   We may give you notices of new, revised or changed terms and other important matters by prominently posting notice on the home page of the App, or in another reasonable manner. We may also contact you by mail or e-mail sent to the address provided by you.

   All legal notices to us must be sent by mail to:

   Earnscape Inc.
   Attn: Legal Department
   8 The Green Suite B
   Dover, DE 19901
   United States of America

   If you have a question regarding using the App, you may contact Earnscape by sending an e-mail to support@earnscape.io.

8. PRODUCT AND APP DESCRIPTIONS

   We do our best to describe the service offered on the App as accurately as possible. However, we are human, and therefore we do not warrant that the service descriptions, pricing, or other content on the App is complete, accurate, reliable, current, or error-free. If any service purchased from Earnscape is not as described, may be entitled to a full refund of the service purchase price if requested within 30 days of purchase. In the event of any errors relating to the pricing or specifications, Earnscape shall have the right to refuse or cancel any orders for the service in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your credit card or account in the amount of the charge. Applicable Additional Terms may apply.

9. LINKS BY YOU TO THE APP

   Earnscape permits hyperlinking to the App or Content provided on the App for the purposes of promoting the adoption of the App. These purposes may be facilitated by functions built in to the app which permits linking that enables new users to automatically create accounts using a referral code unique to each user, or for other purposes included within the app. Generating your own deep links to in-App content is otherwise expressly prohibited.

10. THIRD PARTY SERVICES; ADVERTISEMENTS; DEALINGS WITH THIRD PARTIES
    
    1. Third-Party Content and App; Advertisements. The App may contain or may interact with or otherwise be associated with third party platforms, services, plug-ins, applications, ads, tools and/or other content, and/or links to third-party App or other services that are not owned, controlled or operated by Earnscape (collectively, “Third-Party Services”), including services operated by advertisers and certain other third parties who may have business relationships with Earnscape. Any activities you engage in connection with any of the Third Party Services are subject to the privacy and other policies, terms and conditions of use, fees and/or sale, and rules issued by the operator of the Third Party Services. Earnscape disclaims all liability in connection with your use of and interaction with these Third Party Services.
    2. Dealings with Third Parties. AAny interactions, correspondence, engagements, and other dealings that you have with any third parties found on or through the App including on or via Third Party Services or advertisements) are solely between you and the third party (including issues related to the content of third-party advertisements, payments, warranties, privacy and data security, and the like).
11. WIRELESS, MESSAGING AND LOCATION BASED FEATURES
    
    1. Wireless Features. The App may offer certain features and services via your wireless Device. Features and services may include the ability to access the App’s features, upload content to the App (including livestreams via microphone and camera, if enabled), receive messages from the App, and download applications to your wireless Device (collectively, “Wireless Features”). You are responsible for standard messaging, data, and other fees that may be charged or deducted by your carrier to participate in Wireless Features, which may be higher for livestreaming due to increased data usage. Your carrier may prohibit or restrict certain Wireless Features or certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
    2. Terms of Wireless Features.You agree to receive communications we may send through Wireless Features for which you are registered. Further, we may collect information related to your use of the Wireless Features. If you have registered via the App for Wireless Features, then you agree to notify Earnscape of any changes to your wireless contact information (including phone number) and update your accounts on the App to reflect the changes. If the App includes push notifications or other mobile communication capability, you hereby approve our delivery of electronic communications directly to your mobile Device. These notifications, including badge, alert or pop-up messages, may be delivered to your Device even when it is running in the background. You may have the ability, and it is your responsibility, to control the notifications you do, or do not, receive via your Device through your Device settings. Standard message, data and other fees may be charged by your carrier, and carriers may deduct charges from pre-paid amounts or data allowances, for which you are responsible. Your carrier may prohibit or restrict certain Wireless Features and certain Wireless Features may be incompatible with your carrier or wireless Device. Contact your carrier with questions regarding these issues.
    3. Messages: Earnscape may respond via text or email to any requests for information made by you through the App. Earnscape may also contact users periodically to disseminate newsletters or if there is a substantial change the App, to deliver notifications you have requested within the App’s settings, or to provide general information about Earnscape services or those of our partners. Earnscape will not otherwise communicate or contact you via text or email.
    4. Location-Based Features. If GPS, geo-location or other location-based features are enabled on your Device, you acknowledge that your Device location may be tracked consistent with the Privacy Policy. Some Devices and platforms may allow disabling location-based features or managing such preferences. However, you can terminate Device location tracking on a mobile application by us by uninstalling the application. For security reasons, Earnscape may check your location when you take certain actions such as withdrawing funds or attempting to verify your identity so we can prevent fraud.
12. LIVESTREAMING FEATURES

    General.The App includes a livestreaming feature that allows you to broadcast audio and video content to viewers. This service may use your device’s microphone and camera, if enabled. By using this feature, you agree that your streams may be recorded and shared with third-party platforms (e.g., YouTube, Twitch) or made available on the Earnscape website, based on your settings. You are solely responsible for the content of your streams and your interactions with viewers.

    Viewer Management.You may control who views and interacts with your streams by restricting chat to subscribers only and using tools to mute, kick, or ban individuals from your current stream or all future streams. These controls must be used in good faith and not for harassment or discrimination.

    Recording and Retention.Streams may be recorded for sharing or playback purposes. Earnscape retains recorded streams only as long as necessary to upload them to a third-party platform after the streaming session ends, typically deleting them from our servers shortly thereafter. Once uploaded, streams are subject to the third-party platform’s terms and retention policies.

    Third-Party Platforms and Compliance.If you choose to share your streams with third-party platforms, you acknowledge that such platforms’ terms of service and privacy policies will apply once the stream is uploaded, and Earnscape is not responsible for their handling of your content. You are responsible for ensuring your streams comply with the terms of service and community guidelines of any third-party platforms to which they are shared. Violations may result in removal of the stream or suspension of your account.

    Content Moderation.Due to the real-time nature of livestreaming, Earnscape may not monitor streams as they occur but reserves the right to review recordings and take action (e.g., removal, account suspension) if content violates these Terms. Earnscape is not liable for any content broadcast live by users, though we may respond to reports of violations at support@earnscape.com.

    Age Restrictions.Users under 18 must have parental consent to use the livestreaming feature, and parents are responsible for supervising their use. Users under 13 are prohibited from livestreaming.

13. LIVESTREAMING MONETIZATION

    General.Earnscape may allow you to monetize your livestreams through features such as tips/superchats (one-time viewer payments), paid memberships (recurring viewer subscriptions), and mid-stream advertising (ads displayed during streams). By enabling these features, you agree to comply with these Terms and any applicable Additional Terms specific to monetization.

    Eligibility.To monetize streams, you must meet eligibility criteria set by Earnscape, which may include minimum age (18, unless parental consent is provided), account verification, compliance with these Terms, and more. Earnscape reserves the right to approve or deny monetization privileges at its sole discretion.

    Payment Processing.Earnscape or its third-party payment processors will collect viewer payments (e.g., tips, membership fees) and distribute your share of earnings, less any applicable fees, taxes, or withholdings applied, to your account. Payouts are typically processed on a monthly basis, though timing may vary due to processing delays or verification requirements. Earnscape is not responsible for delays caused by third-party processors or incorrect payment information provided by you.

    Fees and Revenue Sharing.Earnscape deducts a service fee or percentage of your earnings (e.g., for payment processing, platform maintenance, or ad revenue sharing). Earnscape’s share of earnings is 45%. These fees are subject to change with notice via the App or email.

    Advertising Content.Mid-stream ads are selected and served by Earnscape or its advertising partners. You have no control over ad content but may opt out of specific ad categories if available in your settings. You must not circumvent or block ads except by using methods offered within the App, as this violates these Terms.

    Refunds and Disputes.Viewer payments (e.g., tips, memberships) are non-refundable unless required by law or approved by Earnscape in its sole discretion (e.g., for technical errors). If a viewer disputes a payment, Earnscape may withhold or reverse your earnings pending resolution.

    Tax Responsibilities.You are solely responsible for determining and fulfilling any tax obligations related to earnings from monetization, including income tax, sales tax, or VAT, based on your jurisdiction. Earnscape may issue tax forms (e.g., IRS Form 1099 for US residents earning over $600 annually) as required by law but does not provide tax advice. Consult a tax professional to understand your obligations. Earnscape is not liable for any penalties or losses due to your failure to comply with tax laws.

    Termination of Monetization.Earnscape may suspend or terminate your monetization privileges, withhold earnings, or claw back payments if you violate these Terms, engage in fraudulent activity (e.g., artificial viewer inflation), or fail to meet eligibility criteria, all at our sole discretion.

14. DISPUTE RESOLUTION

    Certain portions of this Section 11 are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Earnscape agree that we intend that this Section 11 satisfies the “writing” requirement of the Federal Arbitration Act. This Section 11 can only be amended by mutual agreement.

    • • 1. First – Try to Resolve Disputes and Excluded Disputes.If any controversy, allegation, or claim arises out of or relates to the Site, the Content, your UGC, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, “Dispute”), or to any of Earnscape’s actual or alleged intellectual property rights (an “Excluded Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 11.A. Your notice to us must be sent to:

           Earnscape Inc.
           Attn: Legal Department
           8 The Green Suite B
           Dover, DE 19901
           United States of America

    For a period of sixty (60) days from the date of receipt of notice from the other party, Earnscape and you will engage in a dialogue in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or Earnscape to resolve the Dispute or Excluded Dispute on terms with respect to which you and Earnscape, in each of our sole discretion, are not comfortable.

    • 1. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 11.A (or agree to arbitration in writing with respect to an Excluded Dispute) within sixty (60) days of receipt of the notice, then ANY AND ALL DISPUTES ARISING BETWEEN YOU AND Earnscape (WHETHER BASED IN CONTRACT, STATUTE, REGULATION, ORDINANCE, TORT – INCLUDING, BUT NOT LIMITED TO FRAUD, ANY OTHER INTENTIONAL TORT, OR NEGLIGENCE – COMMON LAW, CONSTITUTIONAL PROVISION, RESPONDEAT SUPERIOR, AGENCY OR ANY OTHER LEGAL OR EQUITABLE THEORY), WHETHER ARISING BEFORE OR AFTER THE EFFECTIVE DATE OF THESE TERMS, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. THIS INCLUDES ANY AND ALL DISPUTES BASED ON ANY PRODUCT, SERVICE OR ADVERTISING CONNECTED TO THE PROVISION OR USE OF THE APP. The Federal Arbitration Act (“FAA”), not state law, shall govern the arbitrability of all disputes between Earnscape and you regarding these Terms (and any Additional Terms) and the App. Earnscape and you agree, however, that Delaware or federal law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and Earnscape, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to Delaware choice of law principles that might apply other states’ laws.

         Disputes will be resolved solely by binding arbitration in accordance with the then-current commercial Arbitration Rules of the American Arbitration Association (“AAA”). If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to get a hearing then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. (“JAMS”) using JAMS’ streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of Earnscape consent to in writing. If an in-person arbitration hearing is required, then it will be conducted in the “metropolitan statistical area” (as defined by the U.S. Census Bureau) where you are a resident at the time the Dispute is submitted to arbitration. You and we will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules; but if applicable arbitration rules or laws require Earnscape to pay a greater portion or all of such fees and costs in order for this Section 11 to be enforceable, then Earnscape will have the right to elect to pay the fees and costs and proceed to arbitration. The arbitrator will apply applicable law and the provisions of these Terms and any Additional Terms, will be bound by these Terms and any Additional Terms, will determine any Dispute according to the applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. This arbitration provision shall survive termination of these Terms or the App.

      2. No Class Action Matters.Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. YOU AND EARNSCAPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought to a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 11.B to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 11.D Notwithstanding any other provision of this Section 11, any and all issues relating to the scope, interpretation and enforceability of this Section 11.C, including the class action waiver provisions contained herein, are to be decided only by a court of competent jurisdiction, and not by the arbitrator.

      3. Federal and State Courts in Delaware.Except to the extent that arbitration is required in Section 11.B, and except as to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute may only be instituted in state or Federal court in Delaware. Accordingly, you and Earnscape consent to the exclusive personal jurisdiction and venue of such courts for such matters.

      4. Small Claims Matters Are Excluded From Arbitration Requirement.Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court, subject to Section 11.D.

15. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

    YOUR ACCESS TO AND USE OF THE APP IS AT YOUR SOLE RISK. The information provided by Earnscape is for informational purposes and is not legal advice. We (Earnscape Inc.) make every effort to ensure the information provided is as current as possible but cannot guarantee that this data is up-to-date. Consult an attorney before making legal decisions.

    1. Earnscape, Third Party Services providers and their agents (collectively, 

    “Earnscape Parties” 

    ) hereby disclaim and make no representations, warranties, endorsements, or promises, express or implied, as to:
    1. the App (including the Content and the User-Generated Content);
    2. the functions, features, or any other elements on, or made accessible through, the App
    3. any products, services, or instructions offered or referenced at or linked through the App;
    4. security associated with the transmission of your User-Generated Content transmitted to Earnscape or via the App;
    5. whether the App is free from any harmful components (including viruses, Trojan horses, and other technologies that could adversely impact your device);
    6. whether the information (including any instructions) on the App is accurate, complete, correct, adequate, useful, timely, or reliable;
    7. whether any defects to or errors on the App will be repaired or corrected;
    8. whether the App will be compatible with any other specific hardware, software or service;
    9. whether your access to the App will be uninterrupted;
    10. whether the App will be available at any particular time or location; and
    11. whether your use of the App is lawful in any particular jurisdiction.

    EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED HEREIN OR IN ADDITIONAL TERMS PROVIDED BY A EARNSCAPE PARTY, EARNSCAPE PARTIES HEREBY FURTHER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS.

    Some jurisdictions limit or do not allow the disclaimer of implied or other warranties so the above disclaimers may not apply to the extent such jurisdictions’ laws are applicable, and you may have additional rights.

16. LIMITATIONS OF OUR LIABILITY

    EARNSCAPE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, including personal injury or death or for any direct, indirect, economic, exemplary, special, punitive, incidental, or consequential losses or damages of any kind, including without limitation loss of profits, that are directly or indirectly arising out of or relating in any way to your use or inability to use the App. We will also not be liable for any loss or damage (of any kind and under any legal theory) to you or any third party arising from your inability or failure for any reason to comply with any of the foregoing obligations.

    Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages of the sort that are described above, so the above limitation or exclusion may not apply to you, and you may have additional rights.

    In no event, shall Earnscape’s liability to you exceed the amount you have paid to Earnscape in connection with the transactions that underlie the claims relating to your use of the App.

17. WAIVER OF INJUNCTIVE OR OTHER EQUITABLE RELIEF
    • TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, IF YOU CLAIM THAT YOU HAVE INCURRED ANY LOSS, DAMAGES, OR INJURIES IN CONNECTION WITH YOUR USE OF THE APP, THEN THE LOSSES, DAMAGES, AND INJURIES WILL NOT BE DEEMED IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION OR TO OTHER EQUITABLE RELIEF OF ANY KIND. THIS MEANS THAT, IN CONNECTION WITH YOUR CLAIM, YOU AGREE THAT YOU WILL NOT SEEK, AND THAT YOU WILL NOT BE PERMITTED TO OBTAIN, ANY COURT OR OTHER ACTION THAT MAY INTERFERE WITH OR PREVENT THE DEVELOPMENT OR EXPLOITATION OF ANY APP, CONTENT, USER-GENERATED CONTENT, PRODUCT, SERVICE, OR INTELLECTUAL PROPERTY OWNED, LICENSED, USED OR CONTROLLED BY EARNSCAPE (INCLUDING YOUR LICENSED USER-GENERATED CONTENT) OR A LICENSOR OF EARNSCAPE.
18. UPDATES TO TERMS.
    • AS OUR APP EVOLVES, THE TERMS AND CONDITIONS UNDER WHICH WE OFFER THE APP MAY PROSPECTIVELY BE MODIFIED AND WE MAY CEASE OFFERING THE APP UNDER THE TERMS OR APPLICABLE ADDITIONAL TERMS FOR WHICH THEY WERE PREVIOUSLY OFFERED. ACCORDINGLY, EACH TIME YOU SIGN IN TO OR OTHERWISE USE THE APP YOU ARE ENTERING INTO A NEW AGREEMENT WITH US ON THE THEN APPLICABLE TERMS AND CONDITIONS AND YOU AGREE THAT WE MAY NOTIFY YOU OF NEW TERMS BY POSTING THEM ON THE APP (OR IN ANY OTHER REASONABLE MANNER OF NOTICE WHICH WE ELECT), AND THAT YOUR USE OF THE APP AFTER SUCH NOTICE CONSTITUTES YOUR GOING FORWARD AGREEMENT TO THE NEW TERMS FOR YOUR NEW USE. Therefore, you should review the posted Terms and any applicable Additional Terms each time you use the App (at least prior to each submission). Any new Terms or Additional Terms will be effective as to new use as of the time that we post them, or such later date as may be specified in them or in other notice to you. However, the Terms (and any applicable Additional Terms) that applied when you previously used the App will continue to apply to such prior use and any specific term to which we previously committed to apply those terms (if applicable) (i.e., changes and additions are prospective only) unless mutually agreed.
19. GENERAL PROVISIONS
    
    1. Applicable Law. These Terms and any applicable Additional Terms will be governed by and construed in accordance with, and any dispute will be resolved in accordance with, the laws of Delaware without regard to its conflicts of law provisions that might apply the laws of another jurisdiction, unless the applicable laws of your jurisdiction of residence require that the laws of such jurisdiction govern, in which case the laws of such jurisdiction are to govern.
    2. Indemnity. You agree to, and you hereby, defend, indemnify, and hold Earnscape Parties harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys’ fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against any Earnscape Party, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with your User-Generated Content (including livestreams), your use of the App (including livestreaming and monetization features) or any Third Party App, your breach or alleged breach of these Terms or any applicable Additional Terms, or any disputes related to earnings, taxes, or viewer payments (all of the foregoing, “Claims and Losses”). In such case, you agree to cooperate with Earnscape’s defense of such claims.
    3. Operation of App. The App is based in the United States. It is not customized for any other country, although it may be accessed by users worldwide.
    4. Severability; Interpretation. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. Wherever the word “including” is used in these Terms or any applicable Additional Terms, the word will be deemed to mean “including, without limitation.”
    5. Communications. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
    6. Termination and Survival. Earnscape reserves the right to discontinue operation of the App in whole or in part, or, except as may be expressly set forth in any applicable Additional Terms, suspend or terminate your access to it, in whole or in part, including any user Accounts or registrations, at any time, without notice, for any reason and without any obligation to you or any third party. Your obligations and the limitations under the Terms shall remain in full force and effect notwithstanding the termination of your use of and rights on the App.
    7. Assignment.Earnscape may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Earnscape.
    8. No Waiver.Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Earnscape in exercising any of the rights, powers, or remedies under the Terms will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
    9. Devices and Connectivity. We may change, alter, or modify the settings or configurations on the device you use to access the App, in order to allow for or optimize your use of the App. For instance, our App may access and read accounts, data and/or content on your Device, add content to your Device, and change settings of your Device, for reasons such as showing you the location of things or people near you; sending and receiving data needed for App operations; and to provide you notice when you are not connected to a network. The quality of the display of the Content may vary among devices, and may be affected by a variety of factors, such as your device, your location, the bandwidth available through and/or speed of your Internet connection. Earnscape makes no representations or warranties about the quality of your experience on the App when accessed through your device or the ability of any device to access or display the Content. You consent to these activities by installing the App or otherwise using the service. Your Device settings may enable you to disable, change or limit some of these activities, and you can disable all of them associated with the App by uninstalling the App.
    10. Electronic Contracting. Use of the App, other than to read these Terms and the Privacy Policy, constitutes your intent to accept, and your assent to, these Terms and the Privacy Policy; if you do not agree, discontinue use. Further, the App may provide you with the option to electronically enter into agreements with us, such as certain engagements. Your use of the App to enter into such engagements with us is entirely voluntary. However, if you make any application, or enter into any such engagement, via the App, you consent to doing so by electronic form, and to providing an electronic signature (which is any electronic action acknowledging agreement) in the form specified on the App, rather than a handwritten signature. In addition, you understand and acknowledge that all consents, applications and engagements that you enter into via the App will be legally binding on you just as if they were done on paper, and that your electronic acceptance in the form specified on the App will be binding as though you had physically signed a paper document by hand.

All Earnscape users agree to be bound by the YouTube Terms of Service (https://www.youtube.com/t/terms)