Terms of Service

Thank you for your interest in Viral Instinct Inc. (dba Methods) ("Methods," "we," or "us") and our website at www.methods.app, along with our related websites, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the "Service"). These Terms of Service are a legally binding contract between you and Methods regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY

BY CLICKING "I ACCEPT," OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING METHODS' PRIVACY POLICY, COMMUNITY GUIDELINES, AND OTHER POLICIES REFERENCED BELOW (TOGETHER, THESE "TERMS"). IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND METHODS' PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY METHODS AND BY YOU TO BE BOUND BY THESE TERMS.

ARBITRATION NOTICE. Except for certain kinds of disputes described in Section 18, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND METHODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.

1. Methods Services Overview

Methods is a platform that connects content creators ("Creators") with brands and companies ("Brands") for paid social media content opportunities (the "Content Opportunities"). Creators can browse, apply to, and participate in Content Opportunities posted by Brands, creating short-form video content and other social media posts according to Brand specifications and guidelines. Upon approval and posting of content to their own social media accounts, Creators earn compensation based on views, engagement, and other metrics as specified in each Content Opportunity.

All Content Opportunities are provided solely by the applicable Brand, and Methods is not responsible for the Content Opportunities offered through the Service. Methods facilitates the connection between Creators and Brands but does not create, control, or guarantee the content, requirements, or compensation associated with any Content Opportunity.

As is explained below, Methods is not a financial institution and payment products are provided by third parties. Methods does not provide payment services directly. All such payments are facilitated and provided by third party payment service providers and their bank partners (collectively "Financial Partners"). Financial Partners hold all funds in accounts for the benefit of Methods customers.

2. Eligibility

You must be at least 13 years old to use the Service. However, to participate as a Creator and earn compensation through Content Opportunities, you must be at least 18 years old or the age of majority in your jurisdiction, whichever is greater. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 13 years old, and if participating as a Creator, at least 18 years old or the age of majority in your jurisdiction; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

3. Accounts and Registration

To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, phone number, or other contact information, and/or to link certain outside accounts such as social media accounts and payment accounts with our Financial Partners (collectively, "Linked Accounts"). You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. You further agree that all Linked Accounts are your own and you have all necessary rights to link them to the Service, and you hereby authorize us to maintain the Linked Account as part of your account with us. You are solely responsible for maintaining the confidentiality of your account, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at support@methods.app.

Social Media Account Ownership

Any social media accounts that you create specifically for use within the Service or in connection with Content Opportunities, including but not limited to Instagram, TikTok, YouTube, or other platform accounts created for the purpose of participating in Methods Content Opportunities, become the property of Methods upon creation. You hereby assign to Methods all rights, title, and interest in and to such accounts, including all usernames, handles, follower lists, content posted to such accounts, and all associated intellectual property rights. Methods may, at its sole discretion, maintain, transfer, modify, or terminate such accounts at any time. This provision does not apply to pre-existing social media accounts that you owned prior to joining the Service and that you link to your Methods account for tracking purposes.

Account Ownership & Primary Linked Account

You acknowledge that the individual or entity controlling the first Linked Account with a payment method connected to your Methods account is considered by Methods to be the owner of all revenue associated with that Linked Account. Only the owner of the Linked Account may request its removal, replacement, or other modifications. If the Linked Account is removed at the direction of its owner, any subsequent Linked Account with a payment method connected to the same Methods account (if applicable) will assume the same ownership status. Methods will not mediate or otherwise become involved in any disputes regarding ownership or control of the Methods account or the associated revenue.

Account Verification (KYC) Requirements

KYC Process. To have access to the payment services, including the ability to receive payments for Content Opportunities conducted through the Service, you must complete all required identity verification and compliance checks required by our Financial Partners and their third-party identity verification services. Methods does not conduct KYC or identity verification directly; all such verification is performed by our Financial Partners and their designated service providers. You agree to provide accurate and up-to-date information and documentation as requested by the Financial Partners or their third-party identity verification services in connection with these verification requirements. Methods is not responsible for the KYC process, approval decisions, or any delays or denials related to identity verification.

Phone Number Verification. As part of our account security process, you must provide and verify a valid phone number. We use phone authentication to verify that users are real people and to enhance account security. Your phone number will be used solely for account security and verification purposes as disclosed in our Privacy Policy. Phone number verification by Methods is separate from and does not replace the KYC requirements imposed by our Financial Partners.

Approval by Financial Partners. You acknowledge and agree that successful completion of KYC is subject to one or more Financial Partners' internal approval process, which neither Methods nor you control. Methods has no involvement in, control over, or responsibility for the KYC approval process or decisions made by Financial Partners. If a Financial Partner refuses to approve or later revokes your KYC status or access to Financial Partners' services for any reason, the Financial Partner may (i) prohibit you from withdrawing funds, (ii) suspend or terminate your account, and/or (iii) take such other actions as may be directed by a Financial Partner or required under applicable law or these Terms. KYC approval does not guarantee continued access to an account or the Services, and the Financial Partners retain the right to revoke or terminate such approval at any time for any reason or no reason. Methods has no liability for any Financial Partner's KYC-related decisions or actions.

Ongoing Compliance. From time to time, a Financial Partner may request additional information to ensure continued compliance with legal, regulatory, and contractual obligations. You are responsible for responding directly to such requests from Financial Partners. Failure to promptly comply with any such request may result in withheld funds, suspension of your account, or other remedial measures imposed by the Financial Partner.

Not a Financial Institution. Methods is not a financial institution and does not provide you with any financial products and services. Methods does not conduct identity verification or KYC processes. Methods engages Financial Partners who utilize third-party identity verification services to: (i) manage user onboarding and KYC; and (ii) provide the processing and settlement services related to payment services and related features of the Service. All payment processing, KYC, and identity verification are handled exclusively by these Financial Partners and their designated service providers outside of the Methods application.

Consequences of Non-Compliance. If you fail to complete KYC or if you do not meet a Financial Partners' requirements, a Financial Partner may block withdrawals, issue refunds to the original payers, or otherwise deny you access to the funds. This means you may not be able to access funds in your account. Methods is not responsible for any losses, claims, or damages arising from your inability to withdraw funds due to non-compliance with the KYC requirements of any Financial Partner or their identity verification service providers. All such matters must be resolved directly with the applicable Financial Partner.

4. General Payment Terms

Certain features of the Service, including participation in Content Opportunities, may require you to pay fees or result in you receiving compensation. All payment processing, collection, and distribution of funds are handled exclusively by third-party Financial Partners and their payment service providers outside of the Methods application. Methods does not process, hold, or transmit payments directly. Before you pay any fees or receive any compensation, you will have an opportunity to review and accept the terms that will apply. All fees are denominated in the stated currency and are non-refundable unless otherwise specifically provided for in these Terms or required by the Financial Partners' policies.

Price

Methods reserves the right to determine pricing for the Service and any fees it may charge on transactions conducted on the Service. Methods will make reasonable efforts to keep pricing information published on the Service up to date. We encourage you to check our pricing page periodically for current pricing information. Methods may change the fees for any feature of the Service, including additional fees or charges, if Methods gives you advance notice of changes before they apply. Methods, at its sole discretion, may make promotional offers with different features and different pricing to any of Methods' customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.

Authorization

You authorize Methods to facilitate the transmission of payment instructions to Financial Partners to charge all sums for the orders that you make and any level of Service you select as described in these Terms, including all applicable taxes, to the payment method you have established with the Financial Partner. You acknowledge that all actual payment processing occurs through Financial Partners outside of the Methods application. If you are permitted to save a payment method as part of your account relationship with a Financial Partner, you authorize the Financial Partner to maintain such payment method and use it for the payment of various fees and amounts related to your use of the Service as instructed by Methods.

Methods Balance

You will be able to view all amounts owed to you in the form of a "Methods Balance" or "Methods Credits" on your Methods account. Methods Balances represent funds held by Financial Partners in accounts maintained for the benefit of Methods customers. All funds are held, managed, and distributed by Financial Partners, not by Methods. The funds underlying Methods Balances may be used to access certain features of the Service and may be withdrawn by you through the Financial Partner's payment systems. In certain circumstances, you may transfer your Methods Balance when paying for services through the Methods Platform. Otherwise, Methods Balances are generally not transferrable. You understand and agree that Methods may instruct the Financial Partners to adjust your Methods Balance to pay for services you use; as fines, fees, or assessments for your violation of these Terms or the terms of any agreement with a Financial Partner; as required by law; or as required by our Financial Partners. All actual fund transfers and account adjustments are performed by Financial Partners outside of the Methods application. You further agree to provide any information, execute any agreements or other documents, and verify your identity with the Financial Partners as they require, and understand and agree that failure to do so may result in loss of access to your Methods Balance. Methods Balances are not FDIC insured.

Sales Tax and Withholding Taxes

1. Sales, Use and Similar Taxes. In some instances, Methods may have an obligation to add sales or use tax to fees charged for the Service. In such cases, Methods will list the appropriate taxes, and charge and collect them as part of the transaction and either remit the taxes to the applicable taxing authority or transmit the collected taxes to Brands for Brand remittance and reporting to tax authorities.

2. Withholding Taxes. In some instances, Methods may have agreed, in its sole discretion, to serve as the merchant of record for a given transaction related to the Services. As the merchant of record, Methods may be obligated to withhold tax amounts from payments to Brands or Creators. Methods may withhold from any amounts payable to Brands or Creators such federal, state, local or foreign taxes as shall be required to be withheld pursuant to any applicable law or regulation, as determined in Methods' sole discretion. In instances where Methods is not the merchant of record, Methods does not bear any legal obligation or responsibility to, and will not, collect, report, and remit any such taxes on behalf of a Brand or Creator under any circumstances.

Creator Compensation

If you are a Creator participating in Content Opportunities, compensation will be determined by the specific terms of each Content Opportunity, which may include payment based on views, engagement metrics, completion of specific tasks, or other criteria as specified by the Brand. When you successfully complete a Content Opportunity according to its requirements and your content is approved, you will receive funds in the account maintained by a Financial Partner in the form of your base currency, minus: (i) any applicable payment processing fees imposed by a third-party payment processor, (ii) any applicable taxes withheld pursuant to these Terms, and (iii) a service fee in the amount set forth on the pricing page, which is retained by Methods. You understand and agree that compensation may need to be returned or refunded if requested by Methods, the Brand, or upon your violation of these Terms, and you agree that Methods or any payment processor acting on its behalf may process such return or refund.

Agent of the Payee

Methods can act as merchant of record for transactions. If Methods acts as Merchant of Record, Brands and Creators appoint Methods as their agent for the limited purpose of working with Methods' Financial Partners to receive, hold and settle payments. Methods will settle payments that are actually received by Methods to each Brand or Creator, less any amounts owed to Methods and subject to these Terms. Brands and Creators acknowledge that any payment made by users to Methods' Financial Partners is valid and binding and considered as delivery to the Brand or Creator. The delivery of payments made by users to Methods' Financial Partners shall be considered as final satisfaction of the user's obligation to Methods and Brand(s) or Creator(s).

Methods Balance

You will be able to view all amounts owed to you in the form of a "Methods Balance" or "Methods Credits" on your Methods account. Methods Balances represent funds held in an account with Cross River Bank (member FDIC) for the benefit of Methods customers. The funds underlying Methods Balances may be used to access certain features of the Service and may be withdrawn by you through Cross River Bank. In certain circumstances, you may transfer your Methods Balance when paying for services through the Methods Platform. Otherwise, Methods Balances are generally not transferrable. You understand and agree that we may instruct the Financial Partners to withdraw your Methods Balance from your account to pay for services you use; as fines, fees, or assessments for your violation of these Terms or the terms of any agreement with a third party payment processor; as required by law; or as required by our Financial Partners. You further agree to provide any information, execute any agreements or other documents, and verify your identity with Methods or its Financial Partners and understand and agree that failure to do so may terminate your Methods Balance. Methods Balances are not FDIC insured.

Subscription Service

The Service may include certain subscription-based features, or certain aspects of the Service itself may result in automatically recurring payments for periodic charges ("Subscription Products" and such charges, the "Subscription Fee"). The "Subscription Billing Date" is the date when you purchase your first subscription to the Subscription Product. Your access to the Subscription Product will begin on the Subscription Billing Date and continue for the subscription period specified when you make your purchase (such period, the "Initial Subscription Period"). Some subscriptions may automatically renew for additional periods if specified in the Subscription Product description (the Initial Subscription Period and each such renewal period, each a "Subscription Period") unless you cancel the Subscription Product or we terminate it. If you activate a Subscription Product, then you authorize Methods or its third-party payment processors to save, store, or otherwise maintain the payment method you have provided for the Subscription Product and periodically charge such payment method, on a going-forward basis and until cancellation of the Subscription Product, for all accrued sums on or before the payment due date. If you use a debit card or your bank account as your chosen payment method, you agree to enter into this separate debit authorization form and retain a copy for your records. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Product for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Product before it renews unless otherwise specified in the Subscription Product's description in order to avoid billing of the next periodic Subscription Fee to your account. Methods or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us. You may cancel the Subscription Product by following the cancellation steps described in the product description or by contacting us at support@methods.app.

One-Time Payment Products

Certain features offered through the Service may be available for purchase through a single, non-recurring payment (each, a "One-Time Payment Product"). Your access to a One-Time Payment Product begins immediately upon successful completion of payment and will continue for the period described in the product's description. The use of phrases such as "lifetime access" or similar language suggesting indefinite or perpetual access is strictly prohibited. Methods reserves the right to remove, modify, or terminate any One-Time Payment Product listings that fail to comply with this requirement or otherwise misrepresent the duration or terms of access provided. For clarity, a One-Time Payment Product does not renew, and no additional charges will occur unless you separately initiate another purchase.

YOUR CANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE IN ORDER TO AVOID CHARGE FOR THE NEXT SUBSCRIPTION PERIOD.

Delinquent Accounts

Methods may suspend or terminate access to the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any of the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Methods reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.

High Chargebacks, Returns, or Other Negative Metrics; Dispute Thresholds

Methods is not responsible for your compliance with any payment network rules, terms, conditions, or requirements imposed by the Financial Partners. You are solely responsible for any fines, fees, assessments, penalties, or other amounts owed as part of your use of Services, the Financial Partners' payment services, or as otherwise imposed by any payment network, bank, or other third party. If you or your account are subject to a high level of chargebacks, returns, refund requests, or other negative indicators, the Financial Partners may terminate your Methods account and access to the Service, at its sole discretion. You remain solely liable for all chargebacks, returns, and refunds, and agree to reimburse Methods for any associated costs.

Prohibited Billing Practices

You agree not to engage in abusive or deceptive billing practices, including but not limited to:

(a) Retrying a failed payment authorization on American Express more than three (3) times within a single 24-hour period;
(b) Attempting to artificially lower dispute rates by charging payment methods multiple times for nominal or low-value amounts not representative of the true cost or value of the product or service;
(c) Engaging in transaction splitting, micro-billing, or similar tactics designed to evade fraud monitoring, chargeback detection, or payment network thresholds.

Violation of these prohibitions may result in immediate suspension or termination of your account, reserves on your payouts, and reporting to payment processors and regulatory authorities as appropriate.

Dispute Thresholds

• Established Users (50 or more lifetime transactions or over US $5,000 in total lifetime gross value) must maintain a bank dispute rate of less than 2%.
• New Users (fewer than 50 lifetime transactions and under US $5,000 in lifetime value) must maintain a bank dispute rate of less than 5%.

Your bank dispute rate is calculated by dividing the number of chargeback or dispute cases by the total number of transactions in a given period. In addition to any steps taken by the Financial Partners with respect to your receipt and use of the payment services, if your dispute rate exceeds the applicable threshold above, a Financial Partner may immediately place your account on up to a 100% reserve, meaning that you will not be able to withdraw or otherwise access your funds. During the reserve period, our Financial Partner will conduct an inspection or review of your account and may take additional actions, including but not limited to suspending your ability to accept further payments, terminating your account, or requiring the implementation of certain risk mitigation measures.

Clawbacks and Reserves

If Methods determines it necessary (e.g., upon receiving notice of chargebacks or pending disputes), we may instruct its Financial Partners to withhold, withdraw, or "claw back" funds from your account or your connected bank account in order to cover potential refunds, dispute amounts, penalties, or fees. We may maintain these reserved funds for a length of time we deem commercially reasonable to protect against ongoing disputes. Methods has no obligation to release reserved funds until Methods, in its sole discretion, is satisfied that the risk of chargebacks, disputes, and other liabilities has passed or been adequately mitigated. You authorize Methods to provide the instructions and take any additional actions necessary with respect to our Financial Partners to give effect to the foregoing.

Additional Inspection and Actions

If your account is placed on reserve status or suspended under this provision, Methods may request additional information or documentation from you to verify your business practices, resolve outstanding disputes, or otherwise ensure compliance with these Terms. Failure to cooperate with such inspection or to provide requested documentation may result in continued reserve, suspension, or account termination.

Not a Waiver of Other Rights

Nothing in this Section limits Methods' rights under any other section of these Terms, nor does it limit any actions that Methods may take if it suspects fraud, money laundering, unlawful activity, or other violations of law or regulation.

Regulatory Matters; Account Termination/Suspension; Regulatory Reviews; Violation of Terms

Methods is not a financial institution. Methods is required to comply with the following requirements as part of its own compliance policies, as well as due to commitments and relationships it has with various Financial Partners.

• Methods reserves the right, in its sole discretion to suspend or terminate any account opened by a user.
• Without limiting the generality of the foregoing, a Financial Partner may, in its sole discretion or as directed by law enforcement, regulatory agency, or any financial institution or third-party payment processor with which it works, suspend or place a hold on an account. Any suspension or hold on an account may delay the settlement or distribution of any funds owed to a user that is associated with such account. In the event that a Financial Partner suspends or holds an account pursuant to this provision, it will do so for no longer than is commercially reasonable, and in no event longer than one hundred eighty (180) days; provided, however, that in the event that such suspension or hold on an account is directed by law enforcement, regulatory agency, or Financial Partner, then such suspension or hold shall remain in place for so long as the Financial Partner is directed by such party.
• To the extent reasonable to do so, and if permitted by law or the instructions of any third-party, Methods will provide you with prior notice of the termination or suspension of your account. However, Methods shall have the right to terminate or suspend your account without notice upon your violation of these Terms or if Methods has reason to believe there is fraud or unauthorized use associated with your account.
• Without limiting anything in the foregoing, the Financial Partners may suspend or pause your account while performing any applicable or necessary regulatory reviews being conducted by Methods, the Financial Partner, or its financial institution or payment processing partners.

5. Content Opportunities and Creator Compensation

Overview of Content Opportunities

Methods provides a platform where Brands can post Content Opportunities (also referred to as "Methods" within the app) and Creators can apply to participate in these opportunities. A Content Opportunity is a commercial arrangement in which a Brand agrees to pay a participating Creator in exchange for creating and posting specified content (such as short-form videos, images, or other social media posts) according to the Brand's requirements and guidelines.

For Creators

Sign Up and Application. Creators must sign up to participate in Content Opportunities on the Service. To participate, Creators must have a Methods account, provide the information requested (including phone number verification), and connect their social media accounts for use in connection with Content Opportunities. Creators may browse available Content Opportunities through the Service and apply to participate in opportunities that interest them.

Content Requirements. For each Content Opportunity, the Brand will specify requirements including but not limited to: content format (e.g., video length of 20-40 seconds), script or talking points, visual requirements, posting guidelines, compensation structure (which may be based on views, engagement, or other metrics), maximum payout amounts, and end dates. Creators must follow these requirements when creating and submitting content.

Content Review and Approval. All content created by Creators for Content Opportunities must be submitted through the Service for review and approval before posting to social media. Methods' moderation team will review all submitted content to ensure it complies with the Brand's requirements, these Terms, and Methods' Community Guidelines. Methods and/or the Brand may approve or reject submitted content. Content may be rejected if: (i) the Creator does not follow the criteria set forth in the Content Opportunity, (ii) the Creator does not follow these Terms or Community Guidelines, (iii) there is a reasonable suspicion of fraud or inappropriate content, (iv) the content violates any applicable laws or third-party platform policies, or (v) the maximum payout is met or the end date is reached, whichever occurs first.

Posting Content. Once content is approved, Creators must download the approved content from the Service and post it to their own social media accounts (Instagram, TikTok, YouTube, or other platforms as specified in the Content Opportunity). Methods does not post content directly to social media on behalf of Creators. Creators maintain full control over their own social media accounts and are responsible for posting approved content according to the Content Opportunity requirements.

Linking Social Media Accounts. Creators must link their social media accounts to their Methods account and provide Methods with access to track performance metrics (such as views and engagement) on content posted as part of Content Opportunities. This tracking is necessary to calculate compensation and verify compliance with Content Opportunity requirements.

Compensation. Compensation for Content Opportunities will be calculated according to the specific terms of each opportunity, which may include payment based on: views achieved by the posted content, engagement metrics (likes, comments, shares), completion of specific deliverables, or other criteria as specified by the Brand. Compensation based on views or engagement is calculated based on legitimate metrics as determined by Methods in its sole discretion, which expressly excludes views or engagement generated by, or suspected to be generated by, any bots, scripts, macros, or other automated means or systems, any other means intended to impact the integrity of the metrics, or obtained by any fraudulent or inappropriate means, including without limitation offering prizes, payments, barters, or other inducements to members of the public.

Compensation will be transferred from the Brand's Methods account to the Creator's Methods account in the form of Methods Credits or Methods Balance in accordance with the terms of the Content Opportunity and these Terms. Transfers may occur in such increments and at such times as Methods designates in its sole discretion, and may include instant or automatic payouts upon achievement of specified metrics. Methods will deduct a service fee from payments in the amount specified on the pricing page.

If a maximum payout amount is specified in a Content Opportunity, compensation will cease once the maximum payout is reached or the end date is met, whichever occurs first. No payment will be issued for views or engagement received after the maximum payout is met or the end date is reached. If the maximum payout is not fully paid out by the end date, Methods may in its discretion issue pro-rata payments to Creators on a first-come, first-served basis.

Monitoring and Compliance. Creators are solely responsible for monitoring Content Opportunities and maximum payout status. If a Creator submits or posts content after the maximum payout has been met or after the end date is reached, the content will not be eligible for compensation. Creators must comply with all requirements of each Content Opportunity, these Terms, Methods' Community Guidelines, applicable laws, and the terms of service of any social media platforms on which content is posted.

Content Removal. If Methods or a Brand terminates a Content Opportunity or terminates a Creator's participation in a Content Opportunity, the Creator must immediately cease posting related content and may be required to remove or revise any previously posted content as requested by Methods or the Brand.

Duplicate Content Prohibited. Each piece of content submitted for a Content Opportunity must be unique. Creators may not submit the same content to multiple Content Opportunities or submit duplicate content within the same opportunity.

For Brands

Posting Content Opportunities. Brands may post Content Opportunities through the Service by providing all required information including: content requirements and guidelines, compensation structure and rates, maximum payout amount, end date, sample content or scripts, and any other specifications for the opportunity. In order to publish a Content Opportunity, the Brand must have sufficient funds in their Methods account to cover the maximum payout for such opportunity and the fees payable to Methods in connection with such opportunity.

Review and Approval of Creator Content. Brands may review Creator submissions and approve or reject content based on whether it meets the specified requirements. Brands may only reject content if: (i) the Creator does not follow the criteria set forth in the Content Opportunity, (ii) the Creator does not follow these Terms, (iii) there is a reasonable suspicion of fraud, or (iv) the maximum payout is met or the end date is reached, whichever occurs first. If a Brand does not approve or reject a Creator submission within a reasonable timeframe as designated by Methods in its sole discretion, Methods may approve or reject the submission, including without limitation by automated means, in Methods' sole discretion.

Monitoring Creator Content. Brands are responsible for monitoring Creator submissions and posted content for compliance with the Content Opportunity requirements, these Terms, and applicable laws. If a Brand determines that Creator content does not meet requirements, does not comply with these Terms or applicable laws, or if there is reasonable suspicion of fraud, the Brand must reject the content and may instruct the Creator to remove posts from social media platforms.

Brand Guidelines. Brands may provide additional brand guidelines, style guides, or other specifications to Creators participating in their Content Opportunities. Creators must comply with these guidelines provided they do not conflict with these Terms. In the event of any conflict between Brand guidelines and these Terms, these Terms shall govern.

Payment to Creators. Compensation for approved Creator content will be transferred from the Brand's Methods account to participating Creators' Methods accounts according to the terms specified in the Content Opportunity. Methods will deduct a service fee (the "Content Opportunity Fee") from the Brand's account in the amount of 10% of all amounts paid from Brand to Creators in connection with the Content Opportunity, or such other amount as specified on the pricing page.

Termination of Content Opportunities. If Methods blocks, removes, or otherwise terminates a Content Opportunity from the platform, the Content Opportunity will be deemed terminated and, unless the end date has already passed, the date of such termination will immediately become the end date.

General Terms for All Users

Platform Requirements. All content, Content Opportunities, and compensation between Brands and Creators must be provided through the Methods platform. If a Brand or Creator is found to have provided or received compensation related to Content Opportunities outside of the Methods platform, Methods may, in its sole discretion, suspend or terminate the user's Methods account and/or participation in the Service. Content Opportunities that do not comply with these Terms may be blocked, removed, and/or terminated by Methods at any time, without liability to Brands, Creators, or third parties.

No Off-Platform Transactions. Users are strictly prohibited from using the Service to facilitate transactions, arrangements, or compensation outside of the Methods platform. This includes but is not limited to: arranging direct payments between Brands and Creators, sharing contact information for the purpose of conducting business outside the platform, or circumventing Methods' fees or processes.

Taxes. Users acknowledge that they are responsible for paying all applicable federal, state, local, and foreign taxes with respect to any compensation received in connection with the Service. Methods does not withhold taxes from payments to users except as required by law or as specified in these Terms.

6. Licenses

Limited License

Subject to your complete and ongoing compliance with these Terms, Methods grants you, exclusively for your personal use, a time-limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.

License Restrictions

Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.

Feedback

We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service ("Feedback"), then you hereby grant Methods an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.

7. Ownership; Proprietary Rights

The Service is owned and operated by Methods. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Service provided by Methods ("Materials") are protected by intellectual property and other laws. All Materials included in the Service are the property of Methods or its third-party licensors. Except as expressly authorized by Methods, you may not make use of the Materials. There are no implied licenses in these Terms and Methods reserves all rights to the Materials not granted expressly in these Terms.

8. Third-Party Terms

Third-Party Services and Linked Websites

Methods may provide tools through the Service that enable you to export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on a third-party service, such as Instagram, TikTok, YouTube, or other social media platforms, or through our implementation of third-party buttons (such as "like" or "share" buttons). By using one of these tools, you hereby authorize Methods to transfer that information to the applicable third-party service. Third-party services are not under Methods' control, and, to the fullest extent permitted by law, Methods is not responsible for any third-party service's use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Methods' control, and Methods is not responsible for their content.

Third-Party Software

The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components ("Third-Party Components"). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.

Social Media Platform Terms

When you post content to social media platforms as part of Content Opportunities, you agree to comply with all terms of service, community guidelines, and other policies of those platforms. Methods is not responsible for enforcing third-party platform policies, but violation of such policies may result in termination of your participation in Content Opportunities or the Service.

9. User Content

User Content Generally

Certain features of the Service permit users to submit, upload, publish, broadcast, or otherwise transmit ("Post") content to the Service, including videos, images, text, Content Opportunity descriptions and requirements, reviews, and any other works of authorship or other works ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service, subject to the licenses granted in these Terms.

Limited License Grant to Methods

By Posting User Content to or via the Service, you grant Methods a worldwide, non-exclusive, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorized in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Methods' exercise of the license set forth in this Section.

Content Created for Content Opportunities

For Creators: Content created by Creators as part of Content Opportunities ("Creator Content") is User Content subject to all provisions of this Section 9. Creators acknowledge and agree that Creator Content and any related works, including ideas, concepts, and other materials created in connection with Content Opportunities (the "Works"), shall be subject to the following additional terms:

• Creators grant to Methods and the applicable Brand the worldwide, royalty-free, sublicensable, irrevocable, perpetual right and license to use, publish, reproduce, transmit, license, exhibit, perform, broadcast, telecast, display, edit, disseminate and distribute the Creator Content and Works, in any and all media now known or hereafter devised.

• Creators further grant to Methods and the applicable Brand the irrevocable right and permission to reproduce, publish, distribute, display, broadcast, exhibit, and/or in any other way use Creator's image, likeness, signature, voice, photograph, name (including nicknames), social media handles, user profile pictures, actual and/or paraphrased statements, biographical information and/or any other information or attribute identifying and/or otherwise associated with Creator included with the Creator Content, the Works, or otherwise furnished by Creator to Methods or Brand, including by posting on third party websites, social media platforms and other media in connection with the Creator Content, the Works, or Content Opportunities (collectively, "Likeness"), in whole or in part, distorted, altered, modified and/or adapted in character and/or in form, alone and/or accompanied by other material, in any manner and without restriction of any kind, worldwide, in perpetuity and royalty-free, for any purpose whatsoever, including without limitation for the purpose of advertising, publicity, promotion, and/or other marketing for Methods, Brand, and/or the Works, in all media now known or hereafter developed (including without limitation in social media), without Creator's further consent. The entirety of such grant shall be sublicensable and shall include the right to assign or sublicense such grant to licensees, successors, and assigns.

• Creators hereby waive the protections of 17 U.S.C. Section 106A, and any droit morale or similar laws of any jurisdiction which may be applicable with respect to use of the Creator Content or Works, and further agree that to the extent Creator retains any moral rights under applicable law, Creator will ratify and consent to any action that Methods, Brand, or their respective designees, licensees, successors and assigns may take with respect to such moral rights, and Creator will not assert any moral rights with respect thereto. All rights granted to Methods and Brand hereunder vest immediately without reservation, limitation or condition and remain vested whether this Agreement expires or is terminated for any reason.

• Creators agree that they shall not have any claim to compensation or benefits (other than as specifically set forth in the applicable Content Opportunity terms) or any claim, including, without limitation, claims based upon invasion of privacy, defamation or right of publicity, arising out of or related to any use (in accordance with the terms hereof), alteration, blurring, distortion or use in composite form of Creator's Likeness, provided that the materials at issue have been used in accordance with these Terms.

For Brands: Content and materials provided by Brands for use in Content Opportunities ("Brand Content") is User Content subject to all provisions of this Section 9. Brands acknowledge and agree that Brand Content, including scripts, guidelines, sample content, logos, trademarks, and other materials provided to Creators, shall be subject to the licensing terms in these Terms. Brands grant to Methods the right to sublicense Brand Content to participating Creators solely for the purpose of completing Content Opportunities in accordance with these Terms.

Brands grant to Creators participating in their Content Opportunities, if and only as necessary to complete the Creator Content, a non-exclusive, limited, revocable, worldwide license to use any Brand trademarks, service marks, trade names, copyrights, logos, or social media handles provided by Brand within the Brand Content and/or approved by Brand in the Creator Content (collectively, "Brand IP") solely in connection with the Creator Content as permitted in these Terms and the specific Content Opportunity requirements.

Methods acknowledges and agrees that, as between Brand, Creator, and Methods, Creators shall own all rights throughout the universe and in any and all languages, in and to the content that Creators produce, develop, create, or furnish using their personal accounts on social media applications and/or their personal channels or other media in connection with the Creator Content, excluding the Brand Content and Brand IP, and excluding any Methods Materials or other Methods-owned intellectual property or other Methods-owned rights or property.

You Must Have Rights to the Content You Post; User Content Representations and Warranties

You must not Post User Content if you are not the owner of or are not fully authorized to grant rights in all of the elements of that User Content. Methods disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.

By providing User Content via the Service, you affirm, represent, and warrant to us that:

(i) you are the sole author, creator, and owner of the User Content and intellectual property and proprietary rights thereto, or have the necessary licenses, rights, consents, and permissions to authorize Methods and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Methods, the Service, and these Terms;

(ii) your User Content is honest, truthful, and accurate to the best of your knowledge;

(iii) your User Content, and the Posting or other use of your User Content as contemplated by these Terms, does not and will not: (a) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (b) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; (c) violate any confidentiality, non-disclosure, or contractual obligations you might have towards a third party, including without limitation your current or former employer; or (d) violate or cause Methods to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;

(iv) your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and

(v) when your User Content consists of an endorsement, review, or evaluation of Methods, a Brand, a Creator, a Content Opportunity, product, service, or third party ("Reviews and Endorsements"), you further represent and warrant that:

(a) unless you prominently disclose your affiliation and interest in such endorsed, reviewed, or evaluated company, Methods, Brand, Creator, product, service, or third party you (i) are not an employee, contractor, agent, officer or director of the party, product, or service for which you are submitting an endorsement, review, evaluation or opinion (collectively "Vendor") (ii) you are not a competitor of such Vendor that offers a competitive product or service ("Competitor"), and (iii) otherwise have no pecuniary interest in or material connection to such Vendor, Competitor or their product or service;

(b) your review does not disclose any confidential information;

(c) you are a bona fide user of the Vendor, product, or service referenced in your Reviews and Endorsements;

(d) the opinions expressed in your Reviews and Endorsements are your individual honest opinions, findings, beliefs, and experiences with respect to the Vendor, product, or service; and

(e) the statements made in the Reviews and Endorsements are not false or misleading in any aspect.

Reviews and Endorsements

The following additional terms apply to any User Content that includes Reviews and Endorsements:

• You may not post or submit group, team, multi-authored, or technology-authored Reviews and Endorsements;
• Your Reviews and Endorsements must provide honest and accurate views, opinions, findings, beliefs, and/or experiences, they must not contain any false, misleading, or unsubstantiated information about the Vendor, products, or services, or otherwise;
• You must clearly and conspicuously disclose any material connections you have with a Vendor or their product or service referenced in your User Content - a material connection is one that could influence the weight or credibility another person would give to your opinions, evaluations, reviews, ratings, messages, or comments, such as employment or independent contractor relationship, receipt of free or discounted products or services, participation in an affiliate or paid content program, receipt of payment or other consideration or material benefit from a Vendor;
• Submission of previously published opinions, evaluations, reviews, ratings, messages, or comments is prohibited; and
• Brands or other users providing incentives to post Reviews and Endorsements on the Methods platform are responsible for (a) informing such users of their obligations under these Terms with respect to such Reviews and Endorsements, including without limitation their obligations in this Section 9, (b) monitoring and correcting such Reviews and Endorsements as needed, and (c) reporting non-compliant Reviews and Endorsements to support@methods.app.

Federal Trade Commission Compliance for Content Opportunities

The Federal Trade Commission ("FTC") requires the disclosure of certain material connections when Creators promote or publicly display or distribute content about or featuring Brands or their products and services. The FTC has published the "Guides Concerning the Use of Endorsements and Testimonials" (including as they may be updated or amended from time to time, the "Guides") at https://www.federalregister.gov/documents/2023/07/26/2023-14795/guides-concerning-the-use-of-endorsements-and-testimonials-in-advertising, and other references regarding compliance with its regulations, such as "Disclosures 101 for Social Media Influencers" available at https://www.ftc.gov/tips-advice/business-center/guidance/disclosures-101-social-media-influencers and "The FTC's Endorsement Guides: What People Are Asking" available at https://www.ftc.gov/business-guidance/resources/ftcs-endorsement-guides-what-people-are-asking.

Brands and Creators must comply with the Guides, the guidance provided in other FTC reference materials, and all other applicable laws and regulations in all posts or other communications made in connection with Creator Content or Content Opportunities. Creators must clearly and conspicuously disclose their commercial relationship with Brands in close proximity to any Creator Content, for example, by using the hashtag "#ad", "#sponsored" or "#[BrandName]Ad." Such disclosure is required regardless of any space limitations imposed by social media platforms, and any such disclosure must appear before a user is required to click "more" and should not be buried in text or in multiple hashtags or placed where it can easily be overlooked.

Any statements Creators make about Brands or their products and services must reflect the Creator's honest and truthful opinions and actual experiences with the Brand or the referenced product or service. Creators may not make any false, misleading, or deceptive statements. Creators may also not make any product performance or attribute claims about Brands or their products or services except for claims approved by the Brand or that the Brand has provided to Creator in connection with the Brand Content or Content Opportunity.

Brands are solely responsible for ensuring that Creators comply with the Guides, the guidance provided in other FTC reference materials, the requirements in this Section, and all other applicable laws and regulations in all posts or other communications made in connection with Content Opportunities. As between Methods and Brand, Brand is solely responsible for Creator's compliance with these requirements.

User Content Disclaimer

We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Methods may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Methods with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Methods does not permit infringing activities on the Service.

Monitoring Content

Methods does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Methods reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Methods chooses to monitor the content, then Methods still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Methods may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.

Content Moderation for Content Opportunities

Methods employs a moderation team to review all Creator Content submitted for Content Opportunities before such content is approved for posting to social media. This moderation process is designed to ensure that Creator Content complies with Brand requirements, these Terms, Methods' Community Guidelines, and applicable laws. Methods reserves the right to reject any Creator Content that violates these standards or is otherwise inappropriate. However, Methods does not guarantee that all inappropriate content will be identified and removed, and users acknowledge that some objectionable content may appear on the Service despite our moderation efforts.

Earnings Claims

When your User Content contains express or implied statements about the ability to earn income through the Service or Content Opportunities ("Earnings Claims"), you further represent and warrant:

• Any Earnings Claims are not false, deceptive, or misleading in any respect, including by implying atypical results are typical;
• Any Earnings Claims can be substantiated, that is, you must have a reasonable basis for the statements;
• Any Earnings Claims reflecting gross income also account for material expenses incurred in generating that income;
• Any Earnings Claims contained in testimonials are accurate, and either representative of generally expected results, or else accompanied by a clear and conspicuous disclosure of (1) relevant context, such as time and effort expended, and (2) typical and ordinary earnings.

Disclaimer Regarding Licenses and Rights

With respect to any rights assigned, licensed, granted, or otherwise conveyed under this Section 9, Methods makes no representation or warranty of any kind or nature whatsoever, oral or written, express or implied (including any relating to any ownership, title, merchantability, non-infringement, fitness for a particular purpose, or otherwise) and hereby disclaims any such other representations or warranties. USER CONTENT IS LICENSED "AS IS," WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. METHODS HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO USER CONTENT, INCLUDING, OWNERSHIP, TITLE, MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.

10. Communications

Push Notifications

When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device's "settings" page.

Email and SMS

We may send you emails and text messages concerning our products and services, as well as Content Opportunities available through the Service. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself. You may opt out of promotional text messages by following the instructions provided in those messages or by adjusting your account settings.

11. Prohibited Conduct

BY USING THE SERVICE, YOU AGREE NOT TO:

• Use the Service for any illegal purpose or in violation of any local, state, national, or international law;
• Use the Service to create, distribute, or promote content involving alcohol, drugs, substances designed to mimic alcohol or drugs, or equipment designed for making or using alcohol or drugs;
• Use the Service to create, distribute, or promote content that a reasonable person might deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, discriminatory, or otherwise inappropriate;
• Use the Service to sell, rent, leak, disclose, or transfer data or information that you acquire via the Service, whether such sale, rental, leak, disclosure or transfer by you occurs on the Service or elsewhere;
• Violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property or proprietary right;
• Access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Methods;
• Interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;
• Interfere with the operation of the Service or any user's enjoyment of the Service, including by:
  (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code;
  (ii) making any unsolicited offer or advertisement to another user of the Service;
  (iii) collecting personal information about another user or third party without consent; or
  (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;
  (v) harassing any user with unsolicited, unwelcome, disrespectful, physically abusive or offensive behavior. Examples of harassment include, but are not limited to, user targeting attempts (social media bans, server bans, attacking other users' social media), unwanted comments or remarks, jokes, slurs, online messages, unwanted physical intimidation or touch and literature including pictures and posters, depicting people in a negative light based on prohibited grounds, e.g. racial or religious harassment, age harassment, etc.;
• Use automated means, including bots, scripts, macros, or other systems, to artificially inflate views, engagement, or other metrics on content posted as part of Content Opportunities;
• Offer prizes, payments, barters, or other inducements to members of the public to view, engage with, or share content posted as part of Content Opportunities;
• Arrange or facilitate compensation or transactions related to Content Opportunities outside of the Methods platform;
• Misrepresent your identity, affiliation, or the nature of your relationship with any Brand, Creator, or Content Opportunity;
• Submit duplicate, plagiarized, or previously published content to Content Opportunities;
• Claim to be a human Creator if you are a virtual influencer, bot, or AI-generated entity;
• Perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identity, accessing any other Service account without permission;
• Sell or otherwise transfer the access granted under these Terms or any Materials or any right or ability to view, access, or use any Materials; or
• Attempt to do any of the acts described in this Section 11 or assist or permit any person in engaging in any of the acts described in this Section 11.

The list of prohibitions in this Section 11 provides examples and is not complete or exclusive. A more extensive, but not all inclusive, list of prohibited conduct can be found on our Community Guidelines page. Methods may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination.

12. Intellectual Property Rights Protection

Respect of Third Party Rights

Methods respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.

DMCA Notification

We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. § 512, as amended). If you have an intellectual property rights related complaint about any material on the Service, you may contact our Designated Agent at the following address: Viral Instinct Inc. (dba Methods), Attention: Legal at 2660 3rd Street #108, San Francisco, CA 94107 (email: support@methods.app)

Procedure for Reporting Claimed Infringement

If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written "Notification of Claimed Infringement" to the Designated Agent identified above containing the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right being infringed;
• a description of the copyrighted work or other intellectual property right that you claim has been infringed;
• a description of the material that you claim is infringing and where it is located on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorized by the copyright or other intellectual property right owner, its agent, or the law; and
• a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorized to act on the copyright or intellectual property owner's behalf.

Your Notification of Claimed Infringement may be shared by Methods with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to Methods making such disclosures. You should consult with your own lawyer or see 17 U.S.C. § 512 to confirm your obligations to provide a valid notice of claimed infringement.

Repeat Infringers

Methods' policy is to: (a) remove or disable access to material that Methods believes in good faith, upon notice from an intellectual property rights owner or authorized agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people's copyright or other intellectual property rights. Methods will terminate the accounts of users that are determined by Methods to be repeat infringers. Methods reserves the right, however, to suspend or terminate accounts of users in our sole discretion.

Counter Notification

If you receive a notification from Methods that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Methods with what is called a "Counter Notification." To be effective, a Counter Notification must be in writing, provided to Methods' Designated Agent through one of the methods identified in Section 12.2, and include substantially the following information:

• your physical or electronic signature;
• identification 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;
• 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; and
• your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if you are residing outside of the United States, then for any judicial district in which Methods may be found, and that you will accept service of process from the person who provided notification under Section 12.2 above or an agent of that person.

A party submitting a Counter Notification should consult a lawyer or see 17 U.S.C. § 512 to confirm the party's obligations to provide a valid counter notification under the Copyright Act.

Reposting of Content Subject to a Counter Notification

If you submit a Counter Notification to Methods in response to a Notification of Claimed Infringement, then Methods will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Methods will replace the removed User Content or cease disabling access to it in 10 business days, and Methods will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Methods' Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Methods' system or network.

False Notifications of Claimed Infringement or Counter Notifications

The Copyright Act provides at 17 U.S.C. § 512(f) that: "[a]ny person who knowingly materially misrepresents under [Section 512 of the Copyright Act (17 U.S.C. § 512)] (1) that material or activity is infringing, or (2) that material or activity was removed or disabled by mistake or misidentification, will be liable for any damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by a service provider, who is injured by such misrepresentation, as the result of [Methods] relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it."

Methods reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.

13. Referral and Affiliate Program

Overview

The Methods Referral and Affiliate Program ("Referral Program") may allow users ("Affiliates") to earn Methods Balance by referring prospective users to join Methods as Creators or Brands. Participation in the Referral Program is only open to individuals aged 18 years or older who are legal residents of and residing in the United States, or such other jurisdictions as Methods may specify. Prospective Affiliates must complete an application and be approved by Methods to become an Affiliate. Once Methods reviews and approves a prospective Affiliate's application, the Affiliate will receive a unique tracking link to place on their website or promote through other channels ("Affiliate Link").

Affiliate Marketing Activities

Affiliate agrees to use reasonable, good-faith efforts to provide affiliate services to Methods through referring and promoting Methods and the Service in accordance with the Terms, including these Referral Program terms. Affiliate represents, warrants and covenants that Affiliate will perform such services in a professional and workmanlike manner and that such services will comply with the requirements set forth hereunder, including in any documentation, guidelines, policies, and specifications referenced herein, which are all incorporated herein by reference.

Affiliate Compensation

Affiliate compensation depends on the type of referrals Affiliate makes, as specified by Methods from time to time. Methods may pay Affiliates for referring new Creators or Brands who join and actively use the Service. Specific compensation terms, rates, and conditions will be provided to approved Affiliates and are subject to change at Methods' discretion.

Affiliate is solely responsible for promoting use of its Affiliate Link, and Methods shall not be responsible for any users' failure to utilize an Affiliate Link in the registration process, and such failure of use will result in lack of attribution to Affiliate. Each party will be responsible, as required under applicable law, for identifying and paying all taxes and other governmental fees and charges (and any penalties, interest, and other additions thereto) that are imposed on that party upon or with respect to the transactions and payments received by it under these Referral Program terms. Each party will bear all costs and expenses incurred by it in connection with its business and the performance of its obligations under these Referral Program terms and in no event will Methods be obligated to reimburse Affiliate for any costs incurred by providing services hereunder.

Independent Contractors

The relationship between Methods and Affiliate established by these Referral Program terms is that of independent contractors. Neither execution nor performance of the Terms including the Referral Program terms shall be construed to have established any joint venture, partnership, or employment relationship between the parties.

Limited Trademark License for Affiliates

Subject to these Terms, Methods hereby grants to Affiliate a non-exclusive, revocable, non-sublicensable, non-transferable right and license to use and display Methods' trademarks and logos (the "Licensed Marks") in the United States in accordance with any trademark usage guidelines specified by Methods, and in accordance with further provisions in the Terms, solely in connection with promoting the Methods platform.

The purchase of keywords, engaging in PPC bidding, and otherwise engaging in paid promotions with keywords on the following keywords, or misspellings of these, is strictly prohibited: Methods, Methods app, Methods discount, Methods coupon, either alone or in combination with other terms or keywords. Use of any Methods-related keywords through paid advertising requires prior approval from a Methods program manager, which may be granted, denied, or conditioned at Methods' sole and absolute discretion.

Requirements

By participating in the Referral Program, Affiliates agree that:

• They will at all times present Methods, its products and services in an honest and truthful manner, in a manner that reflects their actual experience, will not make any misrepresentations, and will otherwise remain compliant with the FTC's Endorsement Guidelines.
• They will disclose in a clear and conspicuous manner near the Affiliate Link that they will receive compensation if someone signs up through their link;
• Their website and other promotional channels in connection with participating in the Referral Program do not contain or promote (a) violations of copyright, trademark, publicity, or other intellectual property or proprietary rights, (b) adult, violent and defamatory content, (c) content or services that violate the law; or false or misleading advertising;
• They will strictly comply with any Referral Program participation guidelines specified by Methods; and
• They will not purchase keywords, engage in PPC bidding or other paid promotions with keywords on the following keywords, or misspellings of these: Methods, Methods app, Methods discount, Methods coupon, either alone or in combination with other terms or keywords, unless they have obtained prior written approval from a Methods program manager, which may be granted, denied, or conditioned at Methods' sole and absolute discretion.

Termination

Failure to comply with these terms of the Referral Program or other Terms may result in immediate termination and withholding or clawback of your Methods Balance and/or payments. Methods may terminate Affiliate's participation in the Referral Program immediately at any time for any or no reason by giving Affiliate notice of such termination, or if Methods terminates or otherwise ceases to offer the Referral Program. Affiliate may terminate Affiliate's participation in the Referral Program immediately at any time for any or no reason by giving Methods notice of such termination. Upon termination of Affiliate's participation in the Referral Program, Affiliate will (i) immediately cease to represent itself as an affiliate of Methods; (ii) immediately take down any posted promotional materials and cease all active promotion of Methods; (iii) immediately cease to use or distribute any Affiliate Links; and (iv) immediately cease using any Licensed Marks. Affiliate will cease to earn immediately upon termination of Affiliate's participation in the Referral Program. Within thirty (30) days of termination of Affiliate's participation in the Referral Program, Methods will deposit payment in the form of a Methods Balance for all qualified transactions up to the date of termination.

Disclaimer

METHODS DOES NOT WARRANT OR GUARANTEE ANY MINIMUM LEVEL OF COMMISSIONS, METHODS BALANCE, OR PAYMENTS THAT WILL BE ACHIEVED BY AFFILIATE HEREUNDER. METHODS EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL REPRESENTATIONS AND WARRANTIES REGARDING THE REFERRAL PROGRAM, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

14. Modification of Terms

We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. We may require that you accept modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 14, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.

15. Term, Termination, and Modification of the Service

Term

These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section 15.2.

Termination

If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, Methods may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by contacting customer service at support@methods.app.

Effect of Termination

Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay Methods any unpaid amount that was due prior to termination; (d) you may lose access to certain features and content managed by Methods, and (e) all payment obligations accrued prior to termination and Sections 6.3, 7, 15.3, 16, 17, 18, 19, and 20 will survive. You are solely responsible for retaining copies of any User Content you Post to the Service since upon termination of your account, you may lose access rights to any User Content you Posted to the Service. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.

Disposition of Account Balances upon Termination

Offsets and Refunds. If your account is terminated or suspended due to a violation of these Terms or for any other reason, Methods may first offset any damages, chargebacks, fees, fines, or other amounts that you owe to Methods, the Financial Partners, or to any third-party payment processor under these Terms or otherwise in connection with your use of the Service. Methods may also, in its sole discretion, refund amounts to users who paid for services or Content Opportunities that remain undelivered due to your account's termination.

Forfeiture and Escheatment. After any applicable offsets or refunds, any funds held by the Financial Partners on your behalf will be accounted for and maintained in accordance with the Financial Partners' policies and procedures related to the escheatment of unclaimed and abandoned property. You authorize Methods to take any action necessary on your behalf to facilitate the Financial Partners' compliance with its reporting and escheatment of unclaimed or abandoned property.

Fraud or Illegal Activity. If Methods determines, in its reasonable discretion, that any portion of your account balance resulted from fraud, illegal, or other unauthorized activity, Methods or the Financial Partners may withhold such funds and will cooperate with law enforcement or other governmental authorities as required by applicable law. Methods will not be liable for any claims or damages arising out of its good-faith decision to withhold or release funds in these circumstances.

No Liability. Methods will not be liable to you or to any third party for any losses, claims, or damages of any kind arising out of or relating to Methods' exercise of any rights under this Section 15, including any decision to offset, refund, forfeit, escheat, or withhold funds.

Modification of the Service

Methods reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Methods will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content you Posted to the Service.

16. Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Methods, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the "Methods Entities") from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys' fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service or any Content Opportunity; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; (4) any dispute regarding any Content Opportunity, Creator Content, or Brand Content; (5) any content you post to social media platforms as part of Content Opportunities; or (6) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.

17. Disclaimers; No Warranties by Methods

THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. METHODS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. METHODS DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND METHODS DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.

ALL CONTENT OPPORTUNITIES ARE PROVIDED SOLELY BY THE APPLICABLE BRAND. ANY PARTICIPATION IN CONTENT OPPORTUNITIES IS FACILITATED BY METHODS. YOU AGREE THAT METHODS WILL NOT HAVE ANY LIABILITY TO YOU, AND METHODS HEREBY DISCLAIMS ALL SUCH LIABILITY, REGARDING CONTENT OPPORTUNITIES, BRAND CONTENT, COMPENSATION AMOUNTS, OR THE ACTS OR OMISSIONS OF BRANDS OR CREATORS. ANY DISPUTES REGARDING A CONTENT OPPORTUNITY ARE SOLELY BETWEEN THE APPLICABLE BRAND AND CREATOR.

METHODS DOES NOT GUARANTEE ANY MINIMUM LEVEL OF EARNINGS, VIEWS, ENGAGEMENT, OR SUCCESS FOR CREATORS PARTICIPATING IN CONTENT OPPORTUNITIES. RESULTS MAY VARY SIGNIFICANTLY BASED ON NUMEROUS FACTORS INCLUDING BUT NOT LIMITED TO CONTENT QUALITY, SOCIAL MEDIA FOLLOWING, TIMING, AND PLATFORM ALGORITHMS. PAST PERFORMANCE OR EARNINGS OF OTHER CREATORS DO NOT GUARANTEE SIMILAR RESULTS.

METHODS IS NOT RESPONSIBLE FOR THE PERFORMANCE, ACCURACY, OR RELIABILITY OF SOCIAL MEDIA PLATFORMS OR THEIR REPORTING OF VIEWS, ENGAGEMENT, OR OTHER METRICS. METHODS RELIES ON DATA PROVIDED BY SOCIAL MEDIA PLATFORMS AND CANNOT GUARANTEE THE ACCURACY OF SUCH DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR METHODS ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE METHODS ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION 17 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Methods does not disclaim any warranty or other right that Methods is prohibited from disclaiming under applicable law.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE METHODS ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, LOSS OF EARNINGS FROM CONTENT OPPORTUNITIES, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY METHODS ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.

EXCEPT AS PROVIDED IN SECTIONS 19.5 AND 19.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE METHODS ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (A) THE AMOUNT YOU HAVE PAID TO METHODS FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (B) US$100.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 18 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AND METHODS AGREE THAT YOU MUST INITIATE ANY PROCEEDING OR ACTION WITHIN ONE (1) YEAR OF THE DATE OF THE OCCURRENCE OF THE EVENT OR FACTS GIVING RISE TO A DISPUTE THAT IS ARISING OUT OF OR RELATED TO THESE TERMS. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE ANY CLAIM OR CAUSE OF ACTION, OF ANY KIND OR CHARACTER, BASED ON SUCH EVENTS OR FACTS, AND SUCH CLAIM(S) OR CAUSE(S) OF ACTION ARE PERMANENTLY BARRED.

19. Dispute Resolution and Arbitration

YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND METHODS ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Generally

Except as described in Section 19.2 and 19.3, you and Methods agree that every dispute arising in connection with these Terms, the Service, or communications from us will be resolved through binding arbitration. Arbitration uses a neutral arbitrator instead of a judge or jury, is less formal than a court proceeding, may allow for more limited discovery than in court, and is subject to very limited review by courts. This agreement to arbitrate disputes includes all claims whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. Any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement will be resolved by the arbitrator.

Exceptions

Although we are agreeing to arbitrate most disputes between us, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.

Opt-Out

If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section 19 within 30 days after the date that you agree to these Terms by sending a letter to Viral Instinct Inc. (dba Methods), Attention: Legal Department – Arbitration Opt-Out, 2660 3rd Street #108, San Francisco, CA 94107 that specifies: your full legal name, the email address or phone number associated with your account on the Service, and a statement that you wish to opt out of arbitration ("Opt-Out Notice"). Once Methods receives your Opt-Out Notice, this Section 19 will be void and any action arising out of these Terms will be resolved as set forth in Section 20.2. The remaining provisions of these Terms will not be affected by your Opt-Out Notice.

Arbitrator

This arbitration agreement, and any arbitration between us, is subject to the Federal Arbitration Act and will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (collectively, "AAA Rules") as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting Methods.

Commencing Arbitration

Before initiating arbitration, a party must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice of Arbitration"). Methods' address for Notice is: Viral Instinct Inc. (dba Methods), 2660 3rd Street #108, San Francisco, CA 94107. The Notice of Arbitration must: (a) identify the name or account number of the party making the claim; (b) describe the nature and basis of the claim or dispute; and (c) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Methods may commence an arbitration proceeding. If you commence arbitration in accordance with these Terms, Methods will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000 or if the Company has received 25 or more similar demands for arbitration, in which case the payment of any fees will be decided by the AAA Rules. If the arbitrator finds that either the substance of the claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules and the other party may seek reimbursement for any fees paid to AAA.

Arbitration Proceedings

Any arbitration hearing will take place in the county and state of your residence/billing address unless we agree otherwise or, if the claim is for US$10,000 or less (and does not seek injunctive relief), you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephonic or video hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your residence/billing address. During the arbitration, the amount of any settlement offer made by you or Methods must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based.

Arbitration Relief

Except as provided in Section 19.8, the arbitrator can award any relief that would be available if the claims had been brought in a court of competent jurisdiction. If the arbitrator awards you an amount higher than the last written settlement amount offered by Methods before an arbitrator was selected, Methods will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law. Judgment on the award may be entered in any court having jurisdiction.

No Class Actions

YOU AND METHODS 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. Further, unless both you and Methods agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Modifications to this Arbitration Provision

If Methods makes any substantive change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to Methods' address for Notice of Arbitration, in which case your account with Methods will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.

Enforceability

If Section 19.8 or the entirety of this Section 19 is found to be unenforceable, or if Methods receives an Opt-Out Notice from you, then the entirety of this Section 19 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 20.2 will govern any action arising out of or related to these Terms.

20. Miscellaneous

General Terms

These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Methods regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word "including" means "including but not limited to." If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

Governing Law

These Terms are governed by the laws of the State of Delaware without regard to conflict of law principles. You and Methods submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Delaware for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the United States, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.

Privacy Policy

Please read the Methods Privacy Policy (the "Privacy Policy") carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Methods Privacy Policy is incorporated by this reference into, and made a part of, these Terms.

Additional Terms

Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the "Additional Terms"). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.

Consent to Electronic Communications

By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Contact Information

The Service is offered by Viral Instinct Inc. (dba Methods), located at [INSERT ADDRESS]. You may contact us by sending correspondence to that address or by emailing us at support@methods.app.

Notice to California Residents

If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.

No Support

We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.

No Obligation to Provide Export or Download of Information or Data

Methods may allow you to access, via functionality provided by the Service, certain information or data relating to your use of the Service, but you acknowledge that such access is provided in Methods' sole discretion, and Methods has no obligation to make any information or data available to you for export or download.

Independent Contractor/No Agency

Users agree that in their use of the Service, each shall at all times be an independent contractor, and nothing in these Terms shall be deemed, either expressly or by implication, to create an employment, agency, or partnership relationship between users or between any user and Methods. Neither Brands nor Creators have the right to represent Methods in any manner whatsoever, nor to bind Methods to any obligation, contract, document or performance to any third party. Users acknowledge and agree that they are solely responsible for the manner and form by which they use the Service and participate in Content Opportunities. Methods is not acting as, or licensed in any jurisdiction as, an employment agency or talent agent, and Methods does not make and expressly disclaims any representations, warranties or guarantees in connection therewith or relating thereto.

21. Notice Regarding Apple

This Section 21 only applies to the extent you are using our mobile application on an iOS device. You acknowledge that these Terms are between you and Methods only, not with Apple Inc. ("Apple"), and Apple is not responsible for the Service or the content of it. Apple has no obligation to furnish any maintenance and support services with respect to the Service. If the Service fails to conform to any applicable warranty, you may notify Apple, and Apple will refund any applicable purchase price for the mobile application to you. To the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Service. Apple is not responsible for addressing any claims by you or any third party relating to the Service or your possession and/or use of the Service, including:

(1) product liability claims;
(2) any claim that the Service fails to conform to any applicable legal or regulatory requirement; or
(3) claims arising under consumer protection or similar legislation.

Apple is not responsible for the investigation, defense, settlement, and discharge of any third party claim that the Service and/or your possession and use of the Service infringe a third party's intellectual property rights. You agree to comply with any applicable third-party terms when using the Service. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary of these Terms. You hereby represent and warrant that:

(a) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and
(b) you are not listed on any U.S. Government list of prohibited or restricted parties.

Effective Date: October 16, 2025

Last Updated: October 16, 2025

Note: This document constitutes the complete Terms of Service for Viral Instinct Inc. (dba Methods). By using the Methods service, you acknowledge that you have read, understood, and agree to be bound by these Terms.