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Terms of Service

Last Updated June 4th, 2024

Apple Terms

The following applies to an App you download through the Apple App Store (the “Apple Application”): You acknowledge and agree that these Terms are solely between you and Floor, not Apple Inc. or any of its affiliates (collectively, “Apple”) and that Apple has no responsibility for the Apple Application or content thereof. Your use of the Apple Application must comply with the then-current App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple Application. In the event of any failure of the Apple Application to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price for the Apple Application to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple Application, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and any law applicable to Floor as provider of the Services. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple Application or your possession and/or use of the Apple Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and any law applicable to Floor as provider of the Services. You acknowledge that, in the event of any third-party claim that the Apple Application or your possession and use of that Apple Application infringes that third party’s intellectual property rights, Floor, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms. You and Floor acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as they relate to your license of the Apple Application, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to your license of the Apple Application against you as a third-party beneficiary thereof.

Google Terms

The following applies to an App you download through the Google Play Store (the “Android Application”): (i) you acknowledge that these Terms are between you and Floor only, and not with Google LLC or any of its affiliates (collectively, “Google”); (ii) your use of the Android Application must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Android Application; (iv) Floor, and not Google, is solely responsible for its Android Application; (v) Google has no obligation or liability to you with respect to Android Application or these Terms; and (vi) you acknowledge and agree that Google is a third-party beneficiary to these Terms as they relate to Floor’s Android Application.

In-App Purchases

The Services may provide for certain additional content and features available through in-app purchases. Users who have an Account (each, a “Registered User”) can purchase Digital Assets being offered for sale by Floor or by an Original Offeror. All pricing for such Digital Assets is set by the seller of such Digital Assets and listed at point of sale or otherwise through the Third-Party Platform on which such seller makes such Digital Assets available for purchase. If you make an in-app purchase of Third-Party Content (as defined below), you shall receive a limited, revocable, non-exclusive, worldwide, transferrable, non-sublicensable, fully-paid license to access, use, display and publish the Third-Party Content solely in connection with your use of the Apps and solely while using the Apps, provided that you are a User in good standing and are in compliance with these Terms. Your access to Third-Party Content may be revoked at any time by its owner or by us if you fail to adhere to these Terms or the Privacy Policy.