AGHANIM INC.

GENERAL CREATOR PROGRAM TERMS

These General Creator Program Terms (the "Terms", Creator Terms) constitute a legally binding agreement between Aghanim Inc., a corporation duly organized under the laws of the State of Delaware, United States, with its registered office located at 254 Chapman Rd Ste 208, Newark, Delaware 19702-5422, and assigned the Employer Identification Number (EIN) 93-2059669 ("Aghanim", "we", "us"), and participating creators ("Creator", "you").

As a Creator, you are an individual or entity engaged in creating thematic content (Content) on designated mediums, including social media platforms, websites, and other digital environments ("Platforms"). The Creator Program (the Program) is a partnership initiative designed to incentivize and reward Creators for driving engagement and facilitating purchases within the Aghanim ecosystem.

Creators can earn revenue from Qualified Purchases, as defined below, by enrolling in the Program.

1. Understanding These Terms

These Terms govern your participation in the Program. Please note that these Terms by themselves or submitting an Application (as defined below) to join the Program without Aghanim's approval will not entitle you to participate in the Program or receive any Rewards. Aghanim is not bound to review or accept your Application to join the Program.

Nevertheless, when you accept these Terms and/or submit an Application, you agree to be bound by the Sections of these Terms governing your use of Aghanim Environment before being accepted into the Program.

These Terms in their entirety will only constitute a binding agreement between us about your participation in the Program after you offer Aghanim to enter into an agreement by submitting an Application and Aghanim accepts your Application (Agreement). This Agreement takes effect upon our approval of your Application via email. Upon the conclusion of the Agreement, the terms Agreement and Terms will be used interchangeably.

Your Application and participation in the Program are also governed by Aghanim's Privacy Policy and other relevant policies, which are incorporated herein by reference and may be updated from time to time (collectively, the Aghanim Terms).

By submitting your Application, you offer Aghanim to enter into an Agreement under these Terms, and confirm that you have reviewed and agree to comply with these Terms, including any Aghanim Terms and applicable policies necessary for participating in the Program and creating Content related to Games and related content distributed by Aghanim (Games) and/or the broader Aghanim ecosystem (Aghanim Environment). Accessing and playing the Games is subject to separate terms (Game Terms), which are distinct from this Agreement and require your independent review and acceptance.

BY APPLYING OR PARTICIPATING IN THE PROGRAM, YOU REPRESENT AND WARRANT THAT YOU MEET THE REQUIREMENTS SET FORTH IN THESE CREATOR PROGRAM TERMS AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT APPLY OR PARTICIPATE IN THE PROGRAM.

2. Application

If you are interested in participating in the Program, you are required to submit the necessary information and materials as requested by Aghanim in the Aghanim Environment to apply for participation in this Program ("Application"). Upon our review and approval of your Application, we will send you an email confirming your acceptance into the Program, along with further instructions regarding opportunities for Rewards. The date on which you receive the approval email from Aghanim shall be considered the effective date of this Agreement.

Alternatively, Aghanim or Aghanim's partners may submit an Application on your behalf, in accordance with any pre-existing arrangements between you and Aghanim or Aghanim's partners. In such cases, your engagement with the materials provided and acceptance of these terms will be deemed effective from the date of Aghanim's submission of the Application or the submission of the Application by Aghanim's partners and its subsequent acceptance by Aghanim. Before the submission and approval of the Application, the publication of these Terms or otherwise making them available by Aghanim shall be deemed as an invitation to treat in relation to participation in the Program and payment of any Rewards.

The submission of an Application will not automatically lead to the conclusion of the Agreement and is subject to Aghanim's approval and acceptance.

If you use the Aghanim Environment prior to the approval of the Application, Sections 1 to 5 and Sections 9 to 10 of these Terms will be binding on the parties upon Creator's first use of the Aghanim Environment which shall be deemed as acceptance of the aforementioned Sections.

3. Eligibility

Aghanim reserves the exclusive right to establish and modify the acceptance criteria for the Program Application at its sole discretion. While the acceptance criteria may be made publicly available, Aghanim retains the authority to deviate from or update these criteria as it sees fit, without prior notice. Furthermore, Aghanim reserves the right to accept or decline any Application for the Program without providing explanations or justifications for its decisions.

In addition to agreeing to these Terms, submitting an Application, and meeting the criteria communicated by Aghanim, you must also fulfill the following requirements to participate in the Program:

3.1. Minimum Age Requirement: You represent and warrant that you are at least 13 years of age or older. If you are below legal adult age in your country/region of residence, the provisions of Creator Program Terms for Minors will apply in addition to the present Creator Program Terms. In particular, the specific provisions of Creator Program Terms for Minors will apply to submitting Applications, qualifying for Rewards, and receiving Payouts. The Creator Program Terms for Minors are incorporated herein by reference. Where the Creator Program Terms for Minors do not specify otherwise, or contradict these Terms, these Terms will govern our relationship with a Creator below legal adult age in their country/region of residence.

3.2. Content Creator Requirements. Your Content shall be original, free of infringement, and plagiarism, and without copying or mimicking other content creators. You shall at all times during the term of this Agreement, possess appropriate legal title to your Content and maintain appropriate permissions, including in relation to any content or intellectual property that you used to create your Content.

Additionally, if you are a content creator on relevant Platforms, including YouTube, Twitch, or TikTok, you must:

a) Comply with the terms and conditions of any relevant Platform.

b) Ensure that at least half of the content you create on these Platforms is relevant to the Games.

c) Acquire your subscribers through legitimate means, without engaging in artificial follower acquisition mechanics.

3.3. Enterprise Representation. If you are entering this agreement on behalf of a legal entity, you warrant that you have the full legal authority to represent such entity and enter into the Agreement on its behalf.

3.4. Aghanim Terms Compliance. You must comply with Aghanim's Terms, including but not limited to the Aghanim General Service Terms and Aghanim Privacy Policy, which are available for your review on the Aghanim website at https://aghanim.com/.

4. Prohibited Content and Behavior

4.1. Prohibited Content. Not all Content you may create will be eligible to participate in a Program. Specifically, your Content shall not:

a) Contain any false, misleading, or deceptive information, including but not limited to fraud, scams, or misrepresentations.

b) Constitute or promote spam, unsolicited commercial communications, or other forms of unwanted or abusive content.

c) Include hate speech, discrimination, or content that promotes violence, intolerance, or prejudice against any individual or group based on characteristics such as race, ethnicity, color, religion, nationality, sex, gender identity, sexual orientation, age, or disability.

d) Contain any threats of violence, unlawful harassment, or other content that reasonably appears intended to intimidate, abuse, or harm any individual or group.

e) Portray Aghanim, its partners, affiliates, or the Games in a negative, false, misleading, or defamatory manner.

f) Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.

g) Promote or encourage the commission of any illegal or unlawful activities.

h) Infringe upon any registered and/or unregistered copyright, design rights, rights in computer software, database rights, patents and any rights to inventions, know-how, trade and business names and domain names, trade dress, trade secrets, logos and devices, trade and service marks and all rights in confidential information, and all other intellectual property rights anywhere in the world, in each case whether registered or unregistered and including all rights to apply for and be granted, renewals and extensions of, and rights to claim priority from, such rights (Intellectual Property Rights), privacy, or other rights of any third party.

i) Disclose or facilitate the unauthorized access, use, or dissemination of any personal data or sensitive information. This includes but is not limited to, sharing private information without consent, exposing confidential data, or any actions that could compromise the privacy and security of individuals.

j) Contain any Content that is obscene, vulgar, or sexually explicit, unless such Content is permitted in the jurisdictions it is made available in, provided with the appropriate age-related and sensitive content warnings, and is appropriate for the Program considering the intended audience.

k) Violate any applicable laws, regulations, or the terms and conditions of any relevant platform or service.

Aghanim reserves the right and full discretion to determine whether your Content complies with the above requirements or any other laws and regulations, including, but not limited to those pertaining to advertising, consumer protection, and regulated industries.

If your Content ceases, at any point, to comply with this Agreement or the applicable laws, you must immediately remove such Content.

Please note that removing or deleting Content that violates these Terms will not remedy the breach of the Agreement. Publishing prohibited Content, even if it is later removed or deleted, may still result in the termination or suspension of your Program Account and the termination of this Agreement by Aghanim.

4.2. Permitted Use and Intellectual Property

4.2.1. The Aghanim Environment and the Games and all related Intellectual Property Rights (Aghanim Intellectual Property) are provided solely for your authorized use as outlined in these Terms and any other relevant Aghanim Terms. Your use of Aghanim Intellectual Property must align with its intended purpose to promote the Aghanim Environment and Games and comply with all applicable terms and policies, including the Aghanim Terms, ensuring that your actions respect the integrity and functionality of the Aghanim Environment. Similarly, your access to and interaction with the Games are subject to the specific terms and policies provided by Aghanim or the relevant Game developers and must remain within the scope of permitted use as defined by those terms.

4.2.2. This Agreement shall not be construed as granting you a license or any other title to the Aghanim Intellectual Property. You can only demonstrate such portions of the Environment or the Games, as instructed or permitted by Aghanim.

In particular, you agree that you shall not, unless otherwise permitted in the Agreement:

a) attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of Aghanim Intellectual Property in any form or media or by any means;

b) attempt to de-compile, reverse compile, disassemble, reverse engineer, or otherwise reduce to human-perceivable form all or any part of Aghanim Intellectual Property.

c) access all or any part of the Environment to build a product or service that competes with the Environment or the Games.

d) create, include, or permit the inclusion in your Content, of any link to a third-party payment system or service, save where such is expressly permitted by Aghanim.

e) license, sell, rent, lease, transfer, assign, distribute, display, disclose, or otherwise commercially exploit, or otherwise make the Aghanim Intellectual Property available to any third party.

f) introduce, or permit the introduction of, any virus or vulnerability into the Environment or Aghanim's network and information systems; or

g) modify any of the Environment or combine or incorporate any of Aghanim Intellectual Property in any other program or system.

4.3. Promotions and Disclosure. As a Creator participating in the Program, both you and your Content must adhere to all applicable legal and regulatory disclosure requirements in all jurisdictions where the Content is made available. This includes but is not limited to, endorsement disclosures as required under relevant laws and regulations. Specifically, Aghanim mandates the following:

a) Transparency in Promotions: When creating Content to promote Games or any content distributed by Aghanim on the Platforms, you must explicitly disclose your relationship with Aghanim. This includes clarifying that you are bound by Creator Terms with Aghanim and may receive Rewards for your promotional activities. Such transparency is crucial to ensure that your audience is fully aware of the potential benefits you receive from promoting Aghanim's Games and content.

b) No Exclusivity or Ownership: You shall not hold yourself out, either expressly or impliedly, to the public as an exclusive representative of Aghanim, Aghanim Environment, or the Games. Neither should you or your Content state explicitly or imply that you own any part of the Aghanim Environment, or Games, or own any stake in them.

c) Guidance on Endorsements: We strongly recommend that you familiarize yourself with the Federal Trade Commission's (FTC) Guides Concerning the Use of Endorsements and Testimonials in Advertising. These guides offer comprehensive advice from the federal government on how to appropriately disclose your affiliations and the receipt of benefits from companies when discussing their products or services on social media.

d) Securities and Regulated Financial Instruments: Unless expressly agreed in writing with Aghanim, the Content you create under this Agreement or otherwise concerning Aghanim Environment or Games, must not promote any investment contracts or opportunities, securities, or other regulated financial instruments, including cryptocurrency and non-fungible tokens (NFTs), deemed as such in any jurisdiction where Content is made available.

e) Games of Chance: Unless expressly agreed in writing with Aghanim, the Content you create under this Agreement or otherwise concerning Aghanim Environment or Games shall not include any games of chance, including lotteries, bets, sweepstakes, or loot boxes. You shall not make claims or statements to Users or the public in general that Aghanim is a sponsor or organizer of any contests, sweepstakes, or games of chance unless expressly agreed with Aghanim in writing.

f) T&C Apply. No Additional Rights or Obligations: All Content created by you under this Agreement shall include disclaimers or similar statements that any use of Aghanim Environment and Games is subject to Aghanim Terms and the Game Terms. You shall not attempt to confer any rights or impose obligations on Users regarding the Aghanim Environment or Games that are not expressly provided for in the Aghanim Terms and/or Game Terms. Any arrangement with Users to the contrary shall be between you and respective Users, and Aghanim will not assume any responsibility or obligations arising out of such arrangements.

Additionally, Aghanim may set, at any time and in its sole discretion, the substance requirements for the Content, including, but not limited to theme, Games included or referred to, and Platforms where the Content can be published.

4.4. Confidentiality. The parties agree that any information arising from the execution of the Terms or the Agreement, including but not limited to any special content shared by Aghanim with the Creator, any feedback or other information provided, and the specific terms of any Rewards, as well as any communications, interactions, and discussions between the Creator and Aghanim, its partners, and affiliates, shall be considered confidential. Such information shall not be disclosed to any third party without the prior written consent of Aghanim, except as required by law or regulation. The Creator acknowledges that a breach of this confidentiality provision may result in termination of their participation in the Program and/or other legal remedies available to Aghanim. The confidentiality obligations set forth herein shall survive the termination or expiration of this agreement.

5. Representations and Warranties

By participating in the Program and agreeing to these Creator Terms, you represent and warrant to Aghanim that:

a) Intellectual Property and Rights: The content you publish or use, along with Aghanim's exercise of the rights granted under these Terms, does not and will not infringe on or violate any copyrights, trademarks, trade names, design rights, contract rights, rights of publicity or privacy, or any other rights of any person, nor will it defame anyone.

b) No Obligation for Payments: The publication or other use by Aghanim or Aghanim's partners of Content created by you under this Agreement will not create any obligation for Aghanim or Aghanim's partners to pay you or any third party any fees, royalties, or other payments.

c) Right to Enter Agreement: You have the legal capacity to enter into these Terms and to grant the rights specified without infringing on the rights of any third party.

d) No Litigation: Your Content is free from any pending or threatened litigation.

e) Non-Confidentiality: Your Content is non-confidential by nature.

f) No Conflicting Agreements: You have not made, and will not make, any agreements or commitments with third parties that could conflict with or interfere with your obligations under these Terms or Aghanim's rights granted herein. g) Compliance with Laws: You will comply, at your own expense, with all applicable laws, regulations, and rules, including FTC disclosure requirements for endorsements and testimonials.

h) No Sanctions: Neither you nor your country of residence is subject to export controls, embargoes, sanctions, or similar restrictions that would prevent your participation in the Program, including those imposed by the United States or the European Union.

i) Accuracy of Information: All information you provide in connection with your participation in the Program is accurate, complete, and not misleading.

6. Grant of rights

Aghanim may feature or promote your Content in connection with your participation in the Program. For any Content you create that includes Games, Aghanim trademarks, content provided by Aghanim, or is otherwise related to Aghanim Environment and Games, you grant, at no additional cost, Aghanim, its affiliates, licensees, successors, assigns, and agents (collectively, the Permitted Parties) the irrevocable right and license to use, modify, and make adjustments to your Content as Aghanim deems necessary for advertising, promoting, or enhancing Aghanim Environment, Games, or the Program. Aghanim also reserves the right, but not the obligation, to use your Content to inform or inspire new features, elements, or other enhancements for Aghanim Environment or Games. You waive any claims related to invasion of privacy, right of publicity, or other similar claims arising from Aghanim's use of your name, likeness, or Content.

Even if you later withdraw from or are removed from the Program, Aghanim or Permitted Parties are not obligated to remove or delete social media posts, archived website content, or promotional materials that feature the Content you created while participating in the Program. You acknowledge that such Content may also remain available on third-party websites, platforms, or services, including those of the Permitted Parties, and that Aghanim has no responsibility to ensure its removal from those platforms. Additionally, Aghanim reserves the right to demand the immediate removal or deletion of any Content that features Aghanim Environment, Games, trademarks, or content provided by Aghanim, after you cease to participate in the Program.

7. Rewards

Upon acceptance of your Application and the activation of these Terms, you will be provided with a unique identifier code ("Creator Code") and a corresponding attribution link ("Creator Link"). These tools are designed for inclusion in your Content, enabling tracking and attribution of User actions within the Aghanim Environment. In Particular:

7.1. Attributed Purchases. When a User makes a purchase using your Creator Code at checkout, and subject to additional requirements Aghanim may set from time to time and communicate to you either in the Aghanim Environment or otherwise (Qualified Purchases), such Qualified Purchases are attributed to you (Attributed Qualified Purchases). A portion of the revenue from these Attributed Qualified Purchases communicated by Aghanim by email upon entering into the Agreement (Rewards) contributes towards a minimum payout threshold ("Payout Minimum" as set below). Upon reaching this threshold, and subject to the conditions outlined in section 7.5, you become eligible for a payment of Rewards (Rewards Payout, Payout).

The Qualified Purchases may be made by Users either by entering your Creator Code manually at checkout or by accessing the Aghanim Environment by using your Creator Link, whereby your Creator Code will be applied to their Qualified Purchases automatically. If a User accesses the Aghanim Environment using your Creator Link, all their subsequent Qualified Purchases will be Attributed Qualified Purchases, unless: (i) the User manually removes the Creator Code; (ii) Aghanim cancels the Creator Code; (iii) The User applies a different Creator Code or uses another Creator's Link. Aghanim reserves the right to cancel any Creator Code or Creator's Link at its sole discretion if deemed reasonably necessary to address or mitigate the consequences of technical errors, or if the Creator Code or Creator's Link were intended to be temporary in nature as communicated to the Creator by Aghanim.

7.2. Purchase Eligibility. Not all Qualified Purchases may qualify to become Attributed Qualified Purchases. The eligibility of purchases for this purpose is determined solely at Aghanim's discretion, and the criteria for such eligibility may be modified or withdrawn at any time without notice.

7.3. Program Levels. The Program may feature various tiers or levels, each offering distinct access rights, benefits, and Reward percentages relative to the amount of attributed Qualified Purchases. Additionally, the order of Rewards calculation may vary as you progress through these tiers or levels. The criteria for these tiers or levels are set by Aghanim at its sole discretion, with the right to make adjustments at any time.

7.4. No Right to Audit. Under these Terms or any other legal principle, you are not entitled to inspect or audit any of Aghanim's data, documents, records, software, or systems related to the Program or the Aghanim Environment. Aghanim is not obligated to disclose any financial statements, balance sheets, formulas, or other business records, including those related to the Rewards, to you or any third party.

7.5. Rewards Payout Requirements. To facilitate the Rewards Payout process under these Creator Terms, Creators must adhere to the following requirements:

7.5.1. Information Submission. For tax onboarding and payout purposes, Creators who are domiciled or are tax residents in the United States must submit a completed Form W-9, while those domiciled and/or resident outside the United States must provide a completed Form W-8BEN. Additionally, bank account details and other information requested by Aghanim must be provided in a timely and accurate manner. Failure to submit the documents and information covered by this Section 7.5.1, as required by Aghanim, may render you ineligible for the Rewards Payout and will entitle Aghanim to withhold or suspend any Rewards Payouts to you.

7.5.2. Reporting and Withholding. Creators are responsible for the payment of all taxes arising from payments received under these Terms, including but not limited to income taxes, levies, VAT, and similar fees. In certain jurisdictions, Aghanim may be obligated to collect and/or report tax information about Creators, withhold taxes from payments to you, or both, you hereby authorize Aghanim to conduct the appropriate filing and reporting, calculate, withhold, and pay, if applicable, any such taxes or fees levied on payments due to you. Failure to submit or submission of incorrect tax information, including the documents and information covered by Section 7.5.2, will entitle Aghanim to suspend or withhold any payments due to you, or to calculate and withhold any applicable taxes and fees based on Aghanim's assessment and calculation. If, according to the information you submit under Section 7.5.1, you are not a tax resident in the U.S. or are not deemed as such, at any time, during the term of this Agreement you shall notify Aghanim when you provide the services under this Agreement while physically present or having tax presence in the U.S. prior to initiating any Payout requests. Failure to do so may render you ineligible for the Rewards Payout and will entitle Aghanim to withhold or suspend any Rewards Payouts to you.

Additionally, if upon your request for a Reward Payout, Aghanim makes an incorrect payment to you, you will indemnify Aghanim against any tax liability arising from such payment in accordance with Section 10.4 of the Agreement. Aghanim will have the right to claim any excess payment from you or withhold it from any pending or future payments due to you.

7.5.3. Bank Account Details. Payouts can only be made to bank accounts not subject to export controls, embargoes, sanctions, or similar restrictions. Should your bank account details fall under such restrictions, or if you are unable toprovide alternative payout details that comply with these requirements, you may be deemed ineligible for the Rewards Payout.

7.5.4. Bank Account Ownership. Rewards Payouts will only be made to bank accounts that are under the Creator's name, as provided in the Application. Discrepancies between the name on the bank account and the name provided in the Application will necessitate the provision of alternative, compliant payment details to remain eligible for Rewards Payout.

7.5.5. Collaboration. Aghanim commits to making reasonable efforts to notify and collaborate with Creators regarding compliance with Sections 7.5.1 - 7.5.4. However, Aghanim cannot guarantee that these efforts will ensure eligibility for the Rewards Payout.

8. Payout

8.1. Payout Request. Once your accumulated Rewards balance reaches or exceeds the minimum threshold of USD 100 ("Payout Minimum"), you are eligible to request a Rewards Payout through your Account in the Aghanim's Environment or otherwise in writing. Upon such a request, Aghanim will initiate the bank transfer within 10 calendar days following the end of the current month, provided you are eligible for the Rewards Payout. Please note that Aghanim does not control the processing time or sequence of the transfer by your bank, which may vary depending on your geographical location and bank account details. Correct initiation of the bank transfer by Aghanim fulfills its payment obligation before you, and Aghanim will not be liable for any delays or cancellations caused by the intermediary banks, your bank, payment systems failures, or requests for additional information and compliance checks by any service provider or authority. Aghanim reserves the right to refuse a Payout following a Payout request. In such cases, and when other prerequisites for Payout are met, Aghanim will apply commercially reasonable efforts to provide you an equivalent of your Reward in the form of a discount for our Games or another service from us. We reserve the sole discretion to determine the form of the Payout alternatives.

8.2. Representation by Agents. If you are represented by an agent or acting on behalf of a Creator as their agent, you must affirm that you are duly authorized to provide specific payout information and, where applicable, to receive Rewards Payouts on behalf of the Creator. Aghanim disclaims any liability for disputes arising between you and any third party concerning the provision of payout information or the distribution of the payout.

8.3. Transaction Fees and Currency Conversion. You may incur transaction fees charged by your bank, which could reduce the net amount received from the Rewards Payout. Aghanim is not responsible for these fees. All Rewards Payouts will be calculated and issued in USD, and Aghanim bears no responsibility for any gains or losses that may result from currency conversion processes.

8.4. Responsibility for Third-Party Costs. You are solely responsible for any third-party costs or fees associated with your content creation. Aghanim will not cover any commissions, taxes, fees, or other expenses owed to third parties, including those who may have assisted in content creation. Should Aghanim face any demands related to such costs, it reserves the right to take actions including, but not limited to, deducting such amounts from your Rewards Payout, removing your Content, suspending or terminating these Terms until due payments are made, pursuing legal remedies, or a combination thereof.

9. Term and Termination

This Agreement will remain in effect until terminated by either party under Sections 9.1-9.2 of the Agreement. The present existence of this Program does not impose a guarantee or any obligation upon Aghanim, Aghanim's assignees, affiliates, or partners to continue the Program in the future, nor does it guarantee that you will receive any future Rewards Payouts.

9.1. Termination by Aghanim. Aghanim reserves the right to terminate these Terms at any time by providing you with at least 24 hours' notice. In the event of any violation of the requirements, warranties, or obligations outlined in these Terms, Aghanim may immediately suspend your Rewards Payout and participation in the Program, resulting in the immediate termination of these Terms.

9.2. Termination by you. You may terminate these Terms at any time by providing Aghanim with at least 15 days’ notice.

9.3. Effect of Termination. Upon termination of these Terms by either party, you will only be entitled to Rewards Payouts accrued prior to termination, and only if those Rewards Payouts meet the Payout Minimum threshold.

10. General provisions

10.1. Parties Relationships. These Terms establish a non-exclusive agreement between Aghanim and you as independent parties. Nothing in these Terms creates an employment, partnership, or corporate relationship, or a relationship with any third party except as between you and Aghanim. You are responsible for obtaining and maintaining your own equipment and supplies used for content creation. All activities related to the Agreement are undertaken at your own risk, and you will not be eligible for workers’ compensation, insurance coverage, or any benefits provided to Aghanim's employees.

10.2. Assignment. You may not assign, transfer, or delegate your rights or responsibilities under this Agreement to other persons or entities. Any attempt to do so will be considered invalid and will entitle Aghanim to terminate this Agreement. Aghanim may assign, transfer, or delegate any portion of its rights or responsibilities under the Agreement at any time.

10.3. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGHANIM DISCLAIMS ALL LIABILITY FOR CONTENT, INCLUDING ANY LOSS OR DAMAGES ASSOCIATED WITH SUCH CONTENT. THE CONTENT IS THE SOLE RESPONSIBILITY OF THE CREATOR WHO MADE IT AVAILABLE. UNDER NO CIRCUMSTANCES WILL AGHANIM OR ITS AFFILIATES, EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.4. Indemnification. You agree to indemnify, defend and hold Aghanim, its affiliates, and each of the foregoing's respective directors, officers, employees, agents, successors, and assigns (Aghanim Parties) from and against any and all third party claims, loss, liability, injury, property damage, costs or damages arising from actual or threatened claims or causes of action for (a) your alleged or actual breach of these Terms or (b) your gross negligence or willful misconduct. In addition, you agree to defend, indemnify, and hold the Aghanim Parties harmless from and against any and all third-party claims, damages, liabilities, costs, and expenses (including, without limitation, reasonable outside attorneys’ fees) arising from the Content, including such concerning Intellectual Property Rights. This provision shall survive the expiration or termination of these Terms.

10.5. Insurance. You acknowledge that Aghanim does not provide any insurance coverage for you or your heirs regarding your obligations under these Terms. You are engaging in these Terms at your own risk, and you are solely responsible for obtaining and maintaining any insurance necessary to cover your activities, including property, liability, or employment-related insurance.

10.6. Applicable Law and Dispute Resolution. These Terms and any disputes arising from them are governed by the laws of Delaware, United States. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Delaware, before one arbitrator. You agree that any arbitration shall be conducted in your individual capacities only and not as a class action or other representative action, and you expressly waive the right to file a class action or seek relief on a class basis.

10.7. Consent to Electronic Transactions: Creator consents to conduct this transaction electronically and agrees that electronic submission constitutes the Creator's signature and offer to enter into the Agreement on its terms as if signed by the Creator in writing.

10.8. Severability. If any provision of these Terms is or becomes or is deemed invalid, illegal, or unenforceable under the applicable laws or regulations of any jurisdiction, either such provision shall be deemed amended to conform to such laws or regulations without materially altering the intentions of the parties and enforced accordingly, or it shall be stricken, and the remainder of these Terms shall remain in full force and effect.