FOREVER TODAY Terms of Service

These Terms of Use constitute a legally binding agreement made

between you, whether personally or on behalf of an entity (“you")

and Forever Today Inc. (“we", “us", or “our") concerning your

access to and use of the forever.today websites and the Forever

Today apps as well as any other media form, media channel, mobile

website or mobile application related, linked, or otherwise

connected thereto (collectively, the “Site" and the “App"). Forever

Today is a distributed application that is currently running on the

Stacks network (the "Blockchain"), using specially-developed smart

contracts (each, a “Smart Contract”) to enable users to own,

transfer, fungible and non fungible totkens. It also enables users to

own and transfer other digital assets like plots of land and items.

These assets can then be visualized on a website that the user can

interact with (the "Site"). The Smart Contracts and the Site are

collectively referred to in these Terms as the “App”. Using the App,

users can view their assets and use the Smart Contracts to acquire,

trade, battle, and breed creatures with other App users.

WE ARE ONLY WILLING TO MAKE THE APP, THE SMART

CONTRACTS, AND THE SITE AVAILABLE TO YOU IF YOU

ACCEPT ALL OF THESE TERMS. BY USING THE APP, THE

SMART CONTRACTS, THE SITE, OR ANY OTHER OFFICIAL

FOREVER TODAY PRODUCT, YOU ARE CONFIRMING

THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO

BE BOUND BY ALL OF THESE TERMS OF USE. IF YOU DO

NOT AGREE AND/OR ACCEPT ALL OF THESE TERMS OF

USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM

USING THE SITE, THE APP AND THE SMART CONTRACTS

AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be

posted on the Site, the App, and the Smart Contracts from time to

time are hereby expressly incorporated herein by reference. We

reserve the right, in our sole discretion, to make changes or

modifications to these Terms of Use at any time and for any reason.

We will alert you of any changes by updating the “Last Updated"

date of these Terms of Use, and you waive any right to receive

specific notice of each such change. It is your responsibility to

periodically review these Terms of Use to stay informed of updates.

You will be subject to and will be deemed to have been made aware

of and to have accepted, the changes in any revised Terms of Use by

your continued use of the Site, the App, and the Smart Contracts

after the date such revised Terms of Use are posted.

The information on the Site, the App, and the Smart Contracts are

not intended for distribution to any person or entity in any

jurisdiction or country where such distribution or use would be

contrary to law or regulation, or which would subject us to any

registration requirement within such jurisdiction or country.

Accordingly, any persons who access the Site and/or the App while

breaking their local laws are doing it on their own initiative and will

have to deal with the consequences when applicable.

The Site is intended for users who are at least 18 years old. People

under the age of 18 are not permitted to use or register for the Site,

the App, and the Smart Contracts.

1. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and the App and the Smart

Contracts are our proprietary property and all source code, database,

functionality, software, website design, audio, video, text,

photographs, and graphics on the Site and the Apps (collectively,

the “Content") and trademarks, service marks and logos contained

therein (the “Marks") are owned, controlled by us or licensed to us,

and are protected by copyright and trademark laws and various other

intellectual property rights and unfair competition laws of the

Delaware, foreign jurisdiction and international conventions. Except

as expressly provided in these Terms of Use, no part of the Site, the

App as well as the Smart Contract and no Content or Marks may be

copied, reproduced, aggregated, republished, uploaded, posted,

publicly displayed, encoded, translated, transmitted, distributed,

sold, licensed, or otherwise exploited for any commercial purpose

whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, the App and the Smart

Contracts, you are granted a limited license to access and use the

Site or to download or print a copy of any portion of the Content to

which you have properly gained access solely to your personal,

non-commercial use. We reserve all rights not expressly granted to

you in and to the Site, the App, the Content, and the Marks.

Provided that you own, or get permission from someone who owns

Forever Today asset, you are granted a limited license to create

fan-art which can be used commercially given that you follow the

terms set herein:

1. Creating original fanart without monetizing it is acceptable without

any license or ownership.

2. USER REPRESENTATIONS

By using the Site, the App and the Smart Contracts, you represent

and warrant that: (1) all registration information you submit will be

true, accurate, current, and complete; (2) you will maintain the

accuracy of such information and promptly update such registration

information as necessary; (3) you have the legal capacity and you

agree to comply with these Terms of Use; (4) you are not a minor in

the jurisdiction in which you reside; (5) you will not access the Site,

the App and the Smart Contracts through automated and non-human

means, whether through a bot, script or otherwise. Except as

expressly mentioned herein;

• building public tools and bots that facilitate transparency and analysis.

• building private, non-commercial tools which store data for analytical

purposes. Note that anyone abusing public APIs by spamming

requests will be banned from using such APIs in the future.

(6) you will not use the Site, the App, and the Smart Contracts for

any illegal and unauthorized purpose; and (7) your use of the Site,

the App, and the Smart Contracts will not violate any applicable law

or regulation. If you provide any information that is untrue,

inaccurate, not current, or incomplete, we have the right to suspend

or terminate your account and refuse any and all current or future

use of the Site, the App, and the Smart Contracts (or any portion

thereof). (8) you (a human being) will only use one in-game account

to earn tokens in any 24-hour period. (9) you, as an Mebot owner,

are responsible for the actions of any players using any Mebots you

own that play on your behalf, and that their actions can have

consequences for any connected accounts that you own. (10) you

have not been included in any trade embargoes or economic

sanctions list (such as united nations security council sanctions list),

the list of specially designated nationals maintained by OFAC (the

office of foreign assets control of the u.s. department of the

treasury), or the denied persons or entity list of the u.s. department

of commerce. (11) That Forever Today or third-party providers we

work with, may store the IP address you use to access the site.

Forever Today Inc. reserves the right to choose which markets and

jurisdictions to conduct its business and may restrict or refuse, at its

sole discretion, the provision of Forever Today services in certain

countries or regions.

3. USER REGISTRATION

You may be required to register with the Site, the App, and the

Smart Contracts. You agree to keep your password confidential and

will be responsible for all use of your account and password. We

reserve the right to remove, reclaim or change a username you select

if we determine, in our sole discretion, that such username is

inappropriate, obscene, or otherwise objectionable.

4. PROHIBITED ACTIVITIES

You may not access or use the Site, the App, and the Smart

Contracts for any purpose other than that for which we make the

Site, the App, and the Smart Contracts available. The Site, the App,

and the Smart Contracts may not be used in connection with any

commercial endeavors except if agreed to in a binding legal contract

with Forever Today Inc.

• Systematically retrieve data or other content from the Site, the App,

and the Smart Contracts to create or compile, directly or indirectly,

a collection, compilation, database, or directory without written

permission from us.

• Make any unauthorized use of the Site, the App and the Smart

Contracts, including collecting usernames and/or email addresses

of users by electronic or other means for the purpose of sending

unsolicited email, or creating user accounts by automated means or

under false pretenses.

• Use a buying agent or purchasing agent to make purchases on the Site,

the App, and the Smart Contracts.

• Use the Site, the App and the Smart Contracts to advertise or offer to

sell goods and services.

• Circumvent, disable, or otherwise interfere with security-related

features of the Site, the App and the Smart Contracts, including

features that prevent or restrict the use or copying of any Content

or enforce limitations on the use of the Site, the App and the Smart

Contracts and/or the Content contained therein.

• Engage in unauthorized framing of or linking to the Site, the App, and

the Smart Contracts.

• Trick, defraud, or mislead us and other users, especially in any attempt

to learn sensitive account information such as user passwords.

• Make improper use of our support services or submit false reports of

abuse or misconduct.

• Engage in any automated use of the system, such as using scripts to

send comments or messages, or using any data mining, robots, or

similar data gathering and extraction tools, except as mentioned in

2.5)

• Interfere with, disrupt, or create an undue burden on the Site, the App,

and the Smart Contracts or the networks or services connected to

the Site.

• Attempt to impersonate another user or person or use the username of

another user.

• Sell or otherwise transfer your profile.

• Use any information obtained from the Site, the App, and the Smart

Contracts in order to harass, abuse, or harm another person.

• Use the Site, the App, and the Smart Contracts as part of any effort to

compete with us or otherwise use the Site, the App, and the Smart

Contracts and/or the Content for any revenue-generating endeavor

or commercial enterprise.

• Decipher, decompile, disassemble, or reverse engineer any of the

software comprising or in any way making up a part of the Site, the

App, and the Smart Contracts.

• Attempt to bypass any measures of the Site designed to prevent or

restrict access to the Site, or any portion of the Site, the App, and

the Smart Contracts.

• Harass, intimidate, or threaten any of our employees or agents engaged

in providing any portion of the Site, the App, and the Smart

Contracts to you.

• Delete the copyright or other proprietary rights notice from any

Content.

• Copy or adapt the Site’s software, including but not limited to Flash,

PHP, HTML, JavaScript, or other code.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan

horses, or other material, including excessive use of capital letters

and spamming (continuous posting of repetitive text), that

interferes with any party’s uninterrupted use and enjoyment of the

Site or modifies, impairs, disrupts, alters, or interferes with the use,

features, functions, operation, or maintenance of the Site, the App

and the Smart Contracts.

• Upload or transmit (or attempt to upload or to transmit) any material

that acts as a passive or active information collection or

transmission mechanism, including without limitation, clear

graphics interchange formats (“gifs”), 1×1 pixels, web bugs,

cookies, or other similar devices (sometimes referred to as

“spyware” or “passive collection mechanisms” or “pcms”).

• Except as may be the result of standard search engines or Internet

browser usage, use, launch, develop, or distribute any automated

system, including without limitation, any spider, robot, cheat

utility, scraper, or offline reader that accesses the Site, the App and

the Smart Contracts, or using or launching any unauthorized script

or other software.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the

Site, the App, and the Smart Contracts.

• Use the Site, the App, and the Smart Contracts in a manner

inconsistent with any applicable laws or regulations.

5. FEE AND PAYMENT

Any purchases (breeding Mebots, buying Mebots) from the site or

marketplace will be done through smart contracts on a blockchain

using a wallet. Any financial transactions that you engage in will be

conducted solely through the Blockchain via a wallet. We will have

no insight into or control over these payments or transactions, nor

do we have the ability to reverse any transactions. With that in

mind, we will have no liability to you or to any third party for any

claims or damages that may arise as a result of any transactions that

you engage in via the Site and/or the App or using the Smart

Contracts.

As between us, you will be solely responsible to pay any and all

sales, use, value-added and other taxes, duties, and assessments

(except taxes on our net income) now or hereafter claimed or

imposed by any governmental authority (collectively, “Taxes”)

associated with your use of the App (including, without limitation,

any Taxes that may become payable as the result of your ownership,

transfer, or breeding of any of your Mebots). Except for income

taxes levied on Forever Today, you: (i) will pay or reimburse us for

all national, federal, state, local, or other taxes and assessments of

any jurisdiction, including value-added taxes and taxes as required

by international tax treaties, customs or other import or export taxes,

and amounts levied in lieu thereof based on charges set, services

performed or payments made hereunder, as are now or hereafter

may be imposed under the authority of any national, state, local or

any other taxing jurisdiction; and (ii) shall not be entitled to deduct

the amount of any such taxes, duties or assessments from payments

made to us pursuant to these Terms.

6. SUBMISSION

You acknowledge and agree that any questions, comments,

suggestions, ideas, feedback, or other information regarding the

Site, the App and the Smart Contracts (“Submissions") provided by

you to us are non-confidential and should become our sole property.

We should own exclusive rights, including all intellectual property

rights, and should be entitled to the unrestricted use and

dissemination of these Submissions to any lawful purpose,

commercial, or otherwise, without acknowledgment or

compensation for you. You hereby waive any moral rights to any

such Submissions, and you hereby warrant that any such

Submissions are original with you or that you have the right to

submit such Submissions. You agree there should be no recourse

against us for any alleged or actual infringement or

misappropriation of any proprietary right in your Submissions.

7. THIRD-PARTY WEBSITE AND CONTENT

The Site and/or the App (or you may be sent via the Site and/or the

App) links to other websites (“Third-Party Websites") as well as

articles, photograph, text, graphics, pictures, designs, music, sound,

video, information, applications, software, and other content or

items belonging to or originating from third parties (“Third-Party

Content"). Such Third-Party Websites and Third-Party Content are

not investigated, monitored, or checked for accuracy,

appropriateness, or completeness by us, and we are not responsible

for any Third-Party Websites accessed through the Site and/or the

App, or any Third-Party Content posted on, available through, or

installed from the Site and/or the App, including the content,

accuracy, offensiveness, opinions, reliability, privacy practices, or

other policies of or contained in the Third-Party Websites or the

Third-Party Content. Inclusion of, linking to, or permitting the use

or installation of any Third-Party Websites or any Third-Party

Content does not imply approval or endorsement thereof by us. If

you decide to leave the Site and/or the App and access the

Third-Party Websites or to use or install any Third-Party Content,

you do so at your own risk and you should be aware of these Terms

of Use no longer govern. You should review the applicable terms

and policies, including privacy and data gathering practices, of any

website to which you navigate from the Site and/or the App or

relating to any applications you use or install from the Site and/or

the App. Any purchase you make through Third-Party Websites will

be through other websites and from other companies, and we take

no responsibility whatsoever in relation to such purchases which are

exclusively between you and the applicable third party. You agree

and acknowledge that we do not endorse the products and services

offered on Third-Party Websites and you should hold us harmless

from any harm caused by your purchase of such products and

services. Additionally, you should hold us harmless from any losses

sustained by you or harm caused to you relating to resulting in any

way from any Third-Party Content or any contact with Third-Party

Websites.

8. ADVERTISER

We allow advertisers to display their advertisements and other

information in certain areas of the Site and the App such as sidebar

advertisements or banner advertisements. If you are an advertiser,

you should take full responsibility for any advertisements you place

on the Site and/or the App, and any services provided on the Site

and/or the App, or products sold through those advertisements.

Further, as an advertiser, you warrant and represent that you possess

all rights and authority to place advertisements on the Site and/or

the App, including, but not limited to, intellectual property rights,

publicity rights, and contractual rights. We simply provide the space

to place such advertisements, and we have no other relationship

with advertisers.

9. TERMINATION

These Terms of Use remain in full force and effect while you use

the Site, the App and the Smart Contracts. WITHOUT LIMITING

ANY OTHER PROVISION OF THESE TERMS OF USE, WE

RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND

WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND

USE OF THE SITE, THE APP AND THE SMART CONTRACT

(INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY

PERSON FOR ANY REASON OR FOR NO REASON,

INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY

REPRESENTATION, WARRANTY, OR COVENANT

CONTAINED IN THESE TERMS OF USE OR OF ANY

APPLICABLE LAW OR REGULATION. WE MAY

TERMINATE YOUR USE OR PARTICIPATION IN THE SITE,

THE APP AND THE SMART CONTRACT OR DELETE YOUR

ACCOUNT WITHOUT WARNING, IN OUR SOLE

DISCRETION.

If we terminate or suspend your account for any reason, you are

prohibited from registering and creating a new account under your

name, a fake or a borrowed name, or the name of any third party,

even if you may be acting on behalf of the third party. In addition to

terminating and suspending your account, we reserve the right to

take appropriate legal action, including without limitation pursuing

civil, criminal, and injunctive redress.

10. GOVERNING LAW

This Terms of Use and your use of the Site, the App, and the Smart

Contracts are governed by and constructed in accordance with the

laws of Delaware applicable to agreements made and to be entirely

performed in Delaware, without regard to its conflicts of law

principles.

11. DISPUTE RESOLUTION

11.1 Informal negotiations

To expedite resolution and control the cost of any dispute,

controversy, or claim related to these Terms of Use (each a

“Dispute" and collectively, the “Disputes") brought by either you or

us (individually, a “Party" and collectively, the “Parties"), the

Parties agree to first attempt to negotiate any Dispute (except those

Disputes expressly provided below) informally for at least thirty

(30) days before initiating the arbitration. Such informal

negotiations commence upon written notice from one Party to the

other Party.

11.2 Binding Arbitration

If a Party is unable to resolve a Dispute through informal

negotiations, the Disputes (except those Disputes expressly

excluded below) will be finally and exclusively resolved by binding

arbitration. YOU UNDERSTAND THAT WITHOUT THIS

PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN

COURT AND HAVE A JURY TRIAL. The arbitration shall be

commenced and conducted under the Commercial Arbitration Rules

of the American Arbitration Association (“AAA") and, where

appropriate, the AAA's Supplementary Procedures for

Consumer-Related Disputes (“AAA Consumer Rules"), both of

which are available at the AAA website www.adr.org. Your

arbitration fees and your share of arbitration compensation shall be

governed by the AAA Consumer Rules and, where appropriate,

limited by the AAA Consumer Rules. If such costs are determined

by the arbitrator to be excessive, we will pay all the arbitration fees

and expenses. Except where otherwise required by the applicable

AA rules or applicable law, the arbitration can take place in

Delaware. Except as otherwise provided herein, the Parties may

litigate in court to compel arbitration, stay proceedings pending

arbitration, or to confirm, modify, vacate, or enter judgement on the

award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration,

the Dispute shall be commenced or prosecuted in the state and

federal courts located in Delaware, and the Parties hereby consent to

and waive all defenses of lack of personal jurisdiction, and forum

non-conveniens with respect to venue and jurisdiction in such state

and federal courts.

In no event shall any Dispute brought by either Party related in any

way to the Site, the App and the Smart Contracts be commenced

more than one (1) year after the cause of the action arose. If this

provision is found to be illegal or unenforceable, then neither Party

will elect to arbitrate any Dispute falling within that portion of this

provision found to be illegal or unenforceable and such Dispute

shall be decided by a court of competent jurisdiction within the

courts listed or jurisdiction above, and the Parties agree to submit to

the personal jurisdiction of that court.

11.3 Exceptions to the Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the

above provision concerning informal negotiations and binding

arbitration: (a) any Dispute seeking to enforce or protect, or

concerning the validity of, and of the intellectual property rights of a

Party, (b) any Dispute related to, or arising from, allegations of

theft, piracy, invasion of privacy, or unauthorized use; and (c) any

claim for injunctive relief. If this provision is found to be illegal and

unenforceable, then neither Party will elect to arbitrate any Dispute

falling within that portion of this provision found to be illegal or

unenforceable, and such Dispute shall be decided by a court of

competent jurisdiction within the courts listed or jurisdiction above,

and the Parties agree to submit to the personal jurisdiction of that

court.

12. DISCLAIMERS

YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR

ACCESS TO AND USE OF THE SITE, THE APP AND THE

SMART CONTRACTS ARE AT YOUR SOLE RISK, AND THAT

THE SITE, THE APP AND THE SMART CONTRACTS ARE

PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT

WARRANTIES OF ANY KIND, WHETHER EXPRESS OR

IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE

PURSUANT TO APPLICABLE LAW, WE, OUR

SUBSIDIARIES, AFFILIATES, AND LICENSORS MAKE NO

EXPRESS WARRANTIES AND HEREBY DISCLAIM ALL

IMPLIED WARRANTIES REGARDING THE SITE, THE APP

AND THE SMART CONTRACTS AND ANY PART OF IT

(INCLUDING, WITHOUT LIMITATION, THE SITE, ANY

SMART CONTRACT, OR ANY EXTERNAL WEBSITES),

INCLUDING THE IMPLIED WARRANTIES OF

MERCHANTABILITY, FITNESS FOR A PARTICULAR

PURPOSE, NON-INFRINGEMENT, CORRECTNESS,

ACCURACY, OR RELIABILITY. WITHOUT LIMITING THE

GENERALITY OF THE FOREGOING, WE, OUR

SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT

REPRESENT OR WARRANT TO YOU THAT: (I) YOUR

ACCESS TO OR USE OF THE SITE, THE APP AND THE

SMART CONTRACTS WILL MEET YOUR REQUIREMENTS,

(II) YOUR ACCESS TO OR USE OF THE SITE, THE APP AND

THE SMART CONTRACTS WILL BE UNINTERRUPTED,

TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE

DATA PROVIDED THROUGH THE SITE, THE APP AND THE

SMART CONTRACTS WILL BE ACCURATE, (III) THE SITE,

THE APP AND THE SMART CONTRACTS OR ANY

CONTENT, SERVICES, OR FEATURES MADE AVAILABLE

ON OR THROUGH THE SITE, THE APP AND THE SMART

CONTRACTS ARE FREE OF VIRUSES OR OTHER HARMFUL

COMPONENTS, OR (IV) THAT ANY DATA THAT YOU

DISCLOSE WHEN YOU USE THE SITE, THE APP AND THE

SMART CONTRACTS WILL BE SECURE. SOME

JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF

IMPLIED WARRANTIES IN CONTRACTS WITH

CONSUMERS, SO SOME OR ALL OF THE ABOVE

EXCLUSIONS MAY NOT APPLY TO YOU.

YOU ACCEPT THE INHERENT SECURITY RISKS OF

PROVIDING INFORMATION AND DEALING ONLINE OVER

THE INTERNET AND AGREE THAT WE HAVE NO

LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF

SECURITY UNLESS IT IS DUE TO OUR GROSS

NEGLIGENCE.

WE WILL NOT BE RESPONSIBLE OR LIABLE TO YOU FOR

ANY LOSSES YOU INCUR AS THE RESULT OF YOUR USE

OF THE STACKS NETWORK, ETHEREUM NETWORK, THE

HIRO WALLET, THE METAMASK ELECTRONIC WALLET,

INCLUDING BUT NOT LIMITED TO ANY LOSSES,

DAMAGES OR CLAIMS ARISING FROM: (A) USER ERROR,

SUCH AS FORGOTTEN PASSWORDS OR INCORRECTLY

CONSTRUED SMART CONTRACTS OR OTHER

TRANSACTIONS; (B) SERVER FAILURE OR DATA LOSS; (C)

CORRUPTED WALLET FILES; (D) UNAUTHORIZED ACCESS

OR ACTIVITIES BY THIRD PARTIES, INCLUDING BUT NOT

LIMITED TO THE USE OF VIRUSES, PHISHING, BRUTE

FORCING OR OTHER MEANS OF ATTACK AGAINST THE

APP, ETHEREUM NETWORK, OR THE METAMASK

ELECTRONIC WALLET.

MEBOTS ARE INTANGIBLE DIGITAL ASSETS THAT EXIST

ONLY BY VIRTUE OF THE OWNERSHIP RECORD

MAINTAINED ON THE ETHEREUM NETWORK. ALL SMART

CONTRACTS ARE CONDUCTED AND OCCUR ON THE

DECENTRALIZED LEDGER WITHIN THE ETHEREUM

NETWORK. FOREVER TODAY HAS NO CONTROL OVER

AND MAKES NO GUARANTEES OR PROMISES WITH

RESPECT TO SMART CONTRACTS. FOREVER TODAY IS

NOT RESPONSIBLE FOR LOSSES DUE TO BLOCKCHAINS

OR ANY OTHER FEATURES OF THE ETHEREUM

NETWORK, THE METAMASK ELECTRONIC WALLET, OR

HIRO WALLET. INCLUDING BUT NOT LIMITED TO LATE

REPORT BY DEVELOPERS OR REPRESENTATIVES (OR NO

REPORT AT ALL) OF ANY ISSUES WITH THE BLOCKCHAIN

SUPPORTING THE ETHEREUM NETWORK, INCLUDING

FORKS, TECHNICAL NODE ISSUES, OR ANY OTHER ISSUES

HAVING FUND LOSSES AS A RESULT.

13. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT WE, OUR

SUBSIDIARIES, AFFILIATES, AND LICENSORS WILL NOT

BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR

EXEMPLARY DAMAGES WHICH YOU MAY INCUR,

HOWSOEVER CAUSED AND UNDER ANY THEORY OF

LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY

LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR

INDIRECTLY), LOSS OF GOODWILL OR BUSINESS

REPUTATION, LOSS OF DATA, COST OF PROCUREMENT

OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER

INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF

THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE AND ACKNOWLEDGE THAT OUR TOTAL,

AGGREGATE LIABILITY TO YOU FOR ANY AND ALL

CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS

OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO

ACCESS OR USE) ANY PORTION OF THE SITE, THE APP

AND THE SMART CONTRACTS, WHETHER IN CONTRACT,

TORT, STRICT LIABILITY, OR ANY OTHER LEGAL

THEORY, IS LIMITED TO THE GREATER OF (A) THE

AMOUNTS YOU ACTUALLY PAID US UNDER THESE

TERMS IN THE TWELVE (12) MONTH PERIOD PRECEDING

THE DATE THE CLAIM AROSE, OR (B) ONE HUNDRED (100)

US DOLLAR.

YOU AGREE AND ACKNOWLEDGE THAT WE HAVE MADE

THE SITE, THE APP AND THE SMART CONTRACTS

AVAILABLE TO YOU AND ENTERED INTO THESE TERMS

IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND

LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH

REFLECT A REASONABLE AND FAIR ALLOCATION OF

RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL

BASIS OF THE BARGAIN BETWEEN US. WE WOULD NOT

BE ABLE TO PROVIDE THE SITE, THE APP AND THE

SMART CONTRACTS TO YOU WITHOUT THESE

LIMITATIONS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION

OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL

DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT

DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR

PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE

ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL

INJURY CLAIMS.

14. ASSUMPTION OF RISK

You accept and acknowledge each of the following:

A. The prices of blockchain assets are extremely volatile.

Fluctuations in the price of other digital assets could materially and

adversely affect the value of your Mebots, which may also be

subject to significant price volatility. We cannot guarantee that any

purchasers of Mebots will not lose money.

B. You are solely responsible for determining what, if any, taxes

apply to your Mebot-related transactions. Forever Today is not

responsible for determining the taxes that apply to your transactions

on the App, the Site, or the Smart Contracts.

C. The App does not store, send, or receive Mebots. This is because

Mebots exist only by virtue of the ownership record maintained on

the App’s supporting blockchain. Any transfer of Mebots occurs

only on that network.

D. There are risks associated with using an Internet-based currency,

including, but not limited to, the risk of hardware, software and

Internet connections, the risk of malicious software introduction,

and the risk that third parties may obtain unauthorized access to

information stored within your wallet. You accept and acknowledge

that Forever Today will not be responsible for any communication

failures, disruptions, errors, distortions or delays you may

experience when using the Blockchain network, however caused.

E. A lack of use or public interest in the creation and development

of distributed ecosystems could negatively impact the development

of the Forever Today ecosystem, and therefore the potential utility

or value of Mebots.

F. The regulatory regime governing blockchain technologies,

cryptocurrencies, and tokens is uncertain, and new regulations or

policies may materially adversely affect the development of the

Mebot ecosystem, and therefore the potential utility or value of

Mebots.

G. Upgrades by Forever Today to the underlying infrastructure may

have unintended, adverse effects on all Forever Today assets.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including

our subsidiaries, affiliates, and all of our respective officers, agents,

partners, and employees, from and against any loss, damage,

liability, claim, or demand, including reasonable attorneys' fees and

expenses, made by third party due to or arising out of: (1) use of the

Site, (2) breach of these Terms of Use, (3) any breach of your

representations and warranties set forth in these Terms of Use, (4)

your violation of the rights of a third party, including but not limited

to intellectual property rights, or (5) any overt harmful act toward

any other use of the Site, the App and the Smart Contracts with

whom you connected via the Site, the App and the Smart Contracts.

Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We

will use reasonable efforts to notify you of any such claim, action or

proceeding which is subject to this indemnification upon becoming

aware of it.

16. USER DATA

We will maintain certain data that you transmit to the Site, the App

and the Smart Contracts for the purpose of managing the

performance of the Site, the App and the Smart Contracts, as well as

data relating to your use of the Site, the App and the Smart

Contracts. Although we perform regular routine backups of data,

you are solely responsible for all data that you transmit or that

release to any activity you have undertaken using the Site, the App

and the Smart Contracts. You agree that we shall have no liability to

you for any loss or corruption of any such data, and you hereby

waive any right of action against us arising from any such loss or

corruption of such data.

17. MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us

on the Site, the App and the Smart Contracts, or in respect to the

Site, the App and the Smart Contracts constitute the entire

agreement and understanding between you and us. Our failure to

exercise or enforce any right or provision of these Terms of Use

shall not operate as a waiver of such right or provision. These Terms

of Use operate to the fullest extent permissible by law. We may

assign any or all of our rights and obligations to others at any time.

We shall not be responsible or liable for any loss, damage, delay, or

failure to act caused by any cause beyond our reasonable control. If

any provision or part of a provision of these Terms of Use is

determined to be unlawful, void, and unenforceable, that provision

or part of the provision is deemed severable these Terms of Use and

does not affect the validity and enforceability of any remaining

provisions. There is no joint venture, partnership, employment or

agency relationship created between you and us as a result of these

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 of Use and the lack of signing by the

parties hereto to execute these Terms of Use.

Last updated: April 29, 2022.