Creator Ownership Summary (Non-Binding)

We at Dryft know these things are long and boring so we thought we'd help our creators out with a quick TLDR.

For clarity:

• You retain ownership of your content
• Dryft only receives the limited rights needed to host, process, and stream your content within the service
• We may use trailers, clips, or other promotional materials to help promote your content and the platform
• You may remove your content at any time
• When you remove your content, we stop making it available

In simple terms: if someone is in the middle of watching or a payment is still processing, we may need a short time to finish that activity. This does NOT mean you owe us anything or that we hold your content.

(This summary is for convenience only and does not replace these Terms.)

Terms of Service

PLEASE READ THESE TERMS OF USE CAREFULLY.

This Terms of Use is a contract between you and Dare Fusion, Inc., a Delaware corporation (“Dare Fusion”), governing your access to and use of “Dryft,” a service of Dare Fusion through which users may upload, distribute, and view user-generated video titles, including all features, content, applications, products, or associated services offered by Dare Fusion (collectively, the “Services”), made available through the website Dryft.me, and any subdomains thereof, and any other websites through which Dare Fusion makes its services available (collectively, the “Site”), and including but not limited to mobile, tablet and other smart device applications and application program interfaces (collectively, the “Application”). The Site, Application, and Services are collectively referred to as “The Dryft Platform.” These Terms of Use refer to Dare Fusion throughout as “Dare Fusion,” “we,” or “us.” All visitors to the Site or users of the Services are referred to herein as “User,” “Customer,” or “you.” Visiting The Dryft Platform or otherwise using any of the Services or content obtained directly or indirectly from The Dryft Platform constitutes acceptance of and agreement to these terms and conditions. If you do not so consent, you may not visit the Site or use any of its contents.

Privacy Policy

Please review the Dryft Privacy Policy that also governs your use of The Dryft Platform and use of the content found on The Dryft Platform, including without limitation, the text, software, graphics, images, sounds, music, videos, e-mails, text messages, social network, and all accompanying information and documentation (the “Content”). By visiting or using The Dryft Platform or the Content, you agree to our Privacy Policy, the terms of which are incorporated herein by this reference as may be or become in effect from time to time. We may modify our Privacy Policy at any time.

Eligibility

You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, visit the Site or use the Services. Certain content on the Dryft Platform is restricted to users 18 or older. By accessing such content, you represent that you meet the applicable age requirement. If you are under 18, you may only use the Services with the consent and supervision of a parent or legal guardian. We may, in our sole discretion, refuse to offer The Dryft Platform to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules, and regulations applicable to you and the right to access The Dryft Platform is revoked where these Terms of Use or use of The Dryft Platform is prohibited or to the extent offering, sale or provision of The Dryft Platform conflicts with any applicable law, rule or regulation. Further, The Dryft Platform is offered only for your use, and not for the use or benefit of any third party.

Content Policy

The Dryft Platform hosts user-generated video content, some of which may include mature themes. We prohibit the posting or distribution of pornographic content, sexually exploitative material, or any content that violates applicable law. Content that depicts realistic violence or sexual acts without clear consent may be removed at Dare Fusion’s sole discretion. Content depicting sexual exploitation of minors or otherwise unlawful activity is strictly prohibited and will result in immediate account termination and referral to authorities.

You are solely responsible for the content you upload or share on the Dryft Platform. Dare Fusion reserves the right to remove, restrict, or block access to any content we determine, in our sole discretion, violates these Terms, community standards, or may harm our business relationships, investors, or users.

Dare Fusion does not pre-screen content and does not endorse any user-generated content; responsibility for such content rests solely with the user who submitted it.

User Content

Definition of User Content.

“User Content” means any videos, titles, episodes, trailers, teasers, images, artwork, thumbnails, descriptions, captions, metadata, profile materials, links, and other content or materials that you upload, submit, publish, transmit, or otherwise make available through the Dryft Platform.

Ownership of User Content.

You retain all right, title, and interest in and to your User Content. Dare Fusion does not claim ownership of your User Content. Nothing in these Terms transfers ownership of your User Content to Dare Fusion.

Limited License to Operate the Services.

By uploading or making User Content available through the Dryft Platform, you grant Dare Fusion a limited, non-exclusive, worldwide, royalty-free license to host, store, cache, encode, transcode, copy, process, adapt, format, transmit, perform, display, and distribute your User Content solely as necessary to operate, provide, maintain, improve, and promote the Dryft Platform solely in connection with the display and availability of your User Content within the Services, except as otherwise permitted under the Promotional Use of User Content section below.

This includes, by way of example:

• streaming your content to viewers
• generating playback formats and previews
• displaying title pages and creator pages
• enabling discovery, search, and recommendation within the Dryft Platform
• moderating content for compliance with these Terms
• using third-party service providers (such as hosting, encoding, and delivery infrastructure) acting on Dare Fusion’s behalf

Purpose Limitation.

The license granted above is limited to operation of the Dryft Platform. Except as otherwise expressly authorized by you in writing, Dare Fusion will not sell, sublicense, or commercially exploit your User Content outside the Dryft Platform for independent content distribution or monetization.

Promotional Use of User Content.

To help promote the Dryft Platform and titles available on it, you grant Dare Fusion a limited, non-exclusive, worldwide, royalty-free license to use excerpts of your User Content that are reasonably considered promotional in nature, such as trailers, teasers, thumbnails, artwork, and short clips, for the purpose of marketing and promoting the Dryft Platform and your content.

This promotional use may include display on third-party platforms, social media, advertising channels, and other marketing contexts.

Dare Fusion will not use full-length titles or episodes for external promotional purposes without your express consent.

You may opt out of external promotional use of your User Content by contacting us, and we will honor such requests on a going-forward basis within a commercially reasonable time.

Dare Fusion’s promotional use is intended to benefit both the Dryft Platform and your content by helping audiences discover your work.

Termination of License.

The license granted to Dare Fusion for your User Content terminates when you delete the applicable User Content or close your account, except to the limited extent that retention is reasonably necessary for:

• backup, caching, or technical processing
• fraud prevention, security, or abuse detection
• accounting, payment, or completed transaction records
• legal or regulatory compliance
• enforcement of these Terms or resolution of disputes

Effect of Deletion.

When you delete User Content, Dare Fusion will stop making that User Content publicly available on the Dryft Platform within a commercially reasonable period, subject to technical processing delays and the retention exceptions described above.

Your Responsibility.

You represent and warrant that you own or control all rights necessary to upload and make available your User Content and to grant the limited license described in these Terms.

License and Site Access

Dare Fusion grants you a limited, non-exclusive, revocable, and non-transferable license to access and make personal use of the Services and Content. This license does not include the right to download (other than for necessary page viewing) or modify the Services or Content, or any portion thereof, except with Dare Fusion’s express written consent. You may not make any resale or commercial use of the Site or the Content; any collection or use of user details, profile information, media, user-provided links, or other user information; any derivative use of the Site or the Content; any downloading or copying of account information for the benefit of another; or any use of data mining, spiders, robots, or similar data gathering and extraction tools. The Services and Content, or any portion of them, may not be reproduced, distributed, duplicated, republished, copied, sold, resold, or otherwise exploited without our express written consent.

You may not frame or utilize framing techniques or caches to enclose any trademark, logo, or other proprietary information (including images, text, page layout, videos, or form) of The Dryft Platform without our express written consent. You may not disassemble, decompile, or reverse engineer any component of the Services or Content, nor take any action, whether intentional or unintentional, that circumvents, disables, damages, or impairs The Dryft Platform’s control or security systems, nor allow or assist a third party to do so. You may only use the Services and Content in a manner that does not disparage the Services, Content, or Dare Fusion, or otherwise use them in any manner that Dare Fusion may, in its sole discretion, deem inappropriate. Any unauthorized use of The Dryft Platform automatically terminates your permission or license to use our Services. All rights not expressly granted are reserved to Dare Fusion.

Customer acknowledges and agrees that the Services and Content possess a special, unique, and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use and that unauthorized use may cause immediate and irreparable damage to Dare Fusion for which Dare Fusion would not have an adequate remedy at law. Therefore, Customer agrees that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Dare Fusion, Dare Fusion shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.

You agree that you will not send us or any other User any material that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise objectionable. You must not send to us any malicious software (such as viruses, Trojan horses and the like) or other rogue programming, political messages, solicitations, mass mailings, or any form of “spam.” You agree not to attempt illegal or unauthorized entry into our computer system, to attempt to access sensitive system information, to access or track the information of other users, or to use The Dryft Platform for any other illegal or unauthorized activity. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to your identity.

Dare Fusion is not responsible for any inaccuracies in description of user postings. We do not warrant that content postings or descriptions or other parts of the Content are accurate, complete, reliable, current, or error-free. If Content is materially misrepresented, your sole remedy is to cease use of that Content and to notify us of the purported error.

The Dryft Platform may include links to other Internet sites. We do not monitor or endorse any such sites or the information, products, or services contained on or accessible through such sites. If you access such sites, you do so solely at your own risk.

User Account

If you wish to register to use The Dryft Platform you must abide by these Terms of Use. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Please note: Dare Fusion, by way of The Dryft Platform, is in the business of operating a user-generated video content platform. The Dryft Platform is primarily used by adults, who, among other things, can legally enter into credit card transactions or other permitted payment methods and agreements. If you are under 18, you may use the Content and the Services only with authorization and supervision of a parent or legal guardian. Dare Fusion reserves the right to refuse service, terminate accounts, remove or edit the Content, or cancel orders in its sole discretion.

To the extent you access any of the Content online, you shall have a valid username, password, and passcode for such purposes (the “Log-In Information”). You must keep all Log-In Information strictly confidential, and all Log-In Information may be used only by the Customer. You are responsible for maintaining the security and confidentiality of all Log-In Information and for preventing access to the Services or Content by unauthorized persons using Log-In Information. Unauthorized access to or use of the Content by someone using a Customer or duly assigned user of Customer Log-In Information may be attributed to such Customer.

You must keep your Log-In Information updated. In creating and updating your Log-In information, you shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar, or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for The Dryft Platform without permission. You must notify us immediately of any change in your eligibility to use The Dryft Platform (including any changes to or revocation of any licenses from state authorities), breach of security, or unauthorized use of your Account. You shall have the ability to delete your Account, either directly or through the request made to one of our employees or affiliates.

Intellectual Property

Platform Content.

The Dryft Platform, the Services, and all software, code, design, layout, interface elements, text, graphics, logos, trademarks, service marks, and other materials created by or for Dare Fusion (collectively, “Platform Content”), excluding User Content, are owned by or licensed to Dare Fusion and are protected by intellectual property laws.

As between you and Dare Fusion, Dare Fusion retains all right, title, and interest in and to the Platform Content.

Your use of the Dryft Platform or Platform Content does not grant you any ownership rights in the Platform Content.

No Ownership of User Content.

User Content is not Platform Content merely because it appears on or through the Dryft Platform. Dare Fusion does not acquire ownership of User Content by virtue of hosting or displaying it.

Restrictions.

You agree not to copy, reproduce, distribute, modify, create derivative works of, or otherwise exploit any Platform Content except as expressly permitted by these Terms or with our prior written consent.

You agree not to circumvent, disable, or otherwise interfere with security-related features of the Dryft Platform or features that prevent or restrict use, copying, or unauthorized access to Platform Content or User Content.

Trademarks and Branding.

Dare Fusion trademarks, the Dare Fusion logo, and any other product or service name or slogan contained in the Services are trademarks, trade dress, or service marks of Dare Fusion or its licensors and may not be copied, imitated, or used, in whole or in part, without prior written consent.

You may not use metatags or any other “hidden text” utilizing “Dare Fusion,” “Dryft,” or any related names, trademarks, or service marks without our prior written permission.

The look and feel of the Dryft Platform, including page layouts, design elements, graphics, and interface components, are protected and may not be copied or imitated without our prior written permission.

All other trademarks, service marks, product names, and company names mentioned in the Services are the property of their respective owners. Reference to such materials does not imply endorsement, sponsorship, or affiliation.

Communications and Feedback

Definition.

“Communications” means support inquiries, emails, messages, reviews, ratings, comments, suggestions, ideas, feature requests, survey responses, bug reports, and other feedback you submit to Dare Fusion regarding the Dryft Platform.

Exclusion of User Content.

Communications do not include User Content. Uploaded videos, titles, artwork, and other creative materials are governed solely by the “User Content” section of these Terms.

Dare Fusion may, but is not obligated to, monitor Communications submitted through the Dryft Platform and assumes no liability for such Communications.

License to Communications.

You grant Dare Fusion a non-exclusive, royalty-free, worldwide license to use, reproduce, transmit, display, disclose, and otherwise use Communications solely for the purpose of operating, supporting, improving, developing, and marketing the Dryft Platform and related services.

No Obligation.

We are not obligated to use or respond to Communications and may remove them at our discretion.

Rules of Conduct

1. As a condition of use, you promise not to use The Dryft Platform for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with The Dryft Platform.
2. You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third-party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of The Dryft Platform or any activities conducted on The Dryft Platform; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to The Dryft Platform (or other accounts, computer systems or networks connected to The Dryft Platform); (iv) run any form of auto-responder or “spam” on The Dryft Platform; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site; (vi) harvest or scrape any Content from The Dryft Platform; (vii) distribute information you know is false, misleading, untruthful, unlawful, or inaccurate; (viii) upload any software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; or (ix) upload or share content that is pornographic, sexually exploitative, depicts minors in any sexual manner, or depicts realistic violence or sexual acts without clear consent, which content is subject to removal at Dare Fusion’s sole discretion.
3. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of The Dryft Platform (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of The Dryft Platform, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.
4. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Copyright Policy and Complaints

Dare Fusion respects the intellectual property of others. If you believe that any material on The Dryft Platform or any use of The Dryft Platform infringes upon any copyright that you own or control, please send us a notification of such infringement 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 intellectual property interest;
• A description of the copyrighted work or other intellectual property that you claim has been infringed;
• A description of where the material that you claim is infringing can be found on the Site;
• Your address, telephone number, and email address;
• A statement that you believe that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• A statement by you at the bottom of your notification exactly as follows: “I hereby declare, under penalty of perjury, that the above information is accurate and that I am the copyright or intellectual property owner or authorized to act on behalf of the copyright or intellectual property owner.”

If you believe that material you posted was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification in accordance with the Digital Millennium Copyright Act. Upon receipt of a valid counter-notification, we may restore the material unless the original complainant files a court action seeking to restrain the allegedly infringing activity, as provided by law.

Send the notification to us as follows:

Dare Fusion, Inc.
9265 S. Highland Dr., #900004
Sandy, UT 84093
info@darefusion.com

In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of terminating accounts and/or pursuing other remedies, at our sole discretion, if we suspect that the account holder has infringed the intellectual property rights of Dare Fusion or any third party.

Third-Party Services

The Dryft Platform may permit you to link to other websites, services or resources on the Internet, and other websites, services or resources may contain links to The Dryft Platform. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between their operator and us. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Payments and Billing

Paid Services

Dryft operates on a per-minute credit model. Viewers purchase credits that are deducted automatically as they watch video content. Creators earn revenue based on the number of minutes their content is viewed, subject to our fees and revenue share structure. Credits are a virtual currency with no cash value except for redemption by eligible creators as described in our payout terms. Certain of our Services may also include subscriptions or flat-fee offerings. Please see our Help/FAQ at https://darefusion.com for a description of current Paid Services. Any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

Use of the Services may require installation of a mobile application and access to internet connectivity. Data and carrier charges may apply.

Billing

We use a third-party payment processor (the “Payment Processor”) to handle purchases and payouts through a payment account linked to your Account on The Dryft Platform (your “Billing Account”). The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to this Agreement. We are not responsible for errors by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services in accordance with the applicable payment terms and you authorize us, through the Payment Processor, to charge your chosen payment provider (your “Payment Method”). We reserve the right to correct any errors or mistakes even if payment has already been processed.

Payment Method

The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If we, through the Payment Processor, do not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

Current Information Required

You must provide current, complete and accurate information for your Billing Account and promptly update all information to keep it current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date). You must promptly notify us or our Payment Processor if your Payment Method is canceled (e.g., for loss or theft) or if you become aware of a potential breach of security. If you fail to provide any of the foregoing information, you agree that we may continue charging you for any use of Paid Services under your Billing Account unless you have terminated your Paid Services as set forth herein.

Change in Amount Authorized

If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of taxes), you have the right to receive notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

Reaffirmation of Authorization

Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

Free Trials and Other Promotions

Any free trial or other promotion that provides access to a Paid Service (a “Trial Offer”) must be used within the specified time of the trial. You will be required to have a valid Payment Method on file to initiate a Trial Offer. You must stop using a Paid Service before the end of the Trial Offer period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the Trial Offer period and are inadvertently charged for a Paid Service, please contact us at help@darefusion.com. Trial Offers are one-time only for new customers and are limited to one (1) per household. Additional terms and limitations may apply and will be more fully explained at the time you sign up for the Trial Offer.

Finality of Purchases

All transactions are final. We do not provide refunds for partially watched videos, unused credits, or terminated accounts, except where required by law.

Termination

We may terminate your access to all or any part of The Dryft Platform at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. Any fees paid hereunder are non-refundable. All provisions of these Terms of Use that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

User Content Upon Termination.

Upon termination of your account, your User Content will no longer be publicly available on the Dryft Platform, subject to the retention provisions described in the “User Content” section. The limited license granted to Dare Fusion for such User Content will terminate in accordance with those provisions.

Disclaimer of Warranties and Limitation of Liability

THESE SITES AND ALL INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE), AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH DARE FUSION’S SITES ARE PROVIDED BY DARE FUSION ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. DARE FUSION MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH ITS SITES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE DRYFT PLATFORM IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, DARE FUSION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DARE FUSION DOES NOT WARRANT THAT THE SITES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH DARE FUSION’S SITES, THEIR SERVERS, OR E-MAIL OR TEXT MESSAGES SENT FROM THE DRYFT PLATFORM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DARE FUSION WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE THROUGH DARE FUSION’S SITES, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

IN NO EVENT SHALL DARE FUSION’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS, THE LICENSE PROVIDED HEREUNDER, OR THE USE OR EXPLOITATION OF THE SITES IN ANY MANNER WHATSOEVER EXCEED THE LESSER OF THE AMOUNT ACTUALLY PAID TO DARE FUSION BY THE INJURED PARTY OR US$500.00.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN THOSE JURISDICTIONS, OUR WARRANTIES AND DAMAGES SHALL BE LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity

You agree to indemnify, defend, and hold Dare Fusion and its affiliates, and their respective directors, officers, employees, shareholders, agents, suppliers, customers, and users of The Dryft Platform (collectively, the “Dare Fusion Parties”) harmless from and against any and all claims, liability, losses, costs, and expenses (including reasonable legal fees) incurred by any Dare Fusion Party as a result of or in connection with (i) any breach by you of any of the provisions of these Terms of Use; (ii) any violation by you of applicable law; and (iii) any use or alleged use of The Dryft Platform by you or anyone within your control.

Dare Fusion reserves the right, at our expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Dare Fusion’s defense of such claim. Dare Fusion may deduct its costs of obtaining any recovery from the amount of the recovery (including, without limitation, reasonable attorneys’ fees and all other costs).

California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect.

Disputes and Applicable Law

By visiting the Site(s), you agree that the laws of the State of Utah, without regard to principles of conflicts of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and Dare Fusion. Any dispute relating in any way to your visit to or use of the Site(s) or of the Content, products, or services sold or distributed by Dare Fusion or through Dare Fusion shall be solely adjudicated in the state courts located in Salt Lake County, Utah or in the U.S. District Court for the District of Utah, and you consent and submit to exclusive jurisdiction and venue in such courts and agree to accept service of process by electronic mail.

Arbitration

Notwithstanding any other provisions of this Agreement:

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS OF USE, YOUR USE OF THE DRYFT PLATFORM, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION (AAA), AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY; PROVIDED, HOWEVER, THAT TO THE EXTENT THAT YOU HAVE IN ANY MANNER VIOLATED OR THREATENED TO VIOLATE OUR INTELLECTUAL PROPERTY RIGHTS, WE MAY SEEK INJUNCTIVE OR OTHER APPROPRIATE RELIEF IN THE STATE OR FEDERAL COURTS IN UTAH IDENTIFIED ABOVE. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION.

As an alternative, you may bring your claim in your local small claims court, if permitted by that court’s rules and if within such court’s jurisdiction, unless such action is transferred, removed, or appealed to a different court. You may bring claims only on your own behalf. Neither you nor we will participate in any class action or class-wide arbitration for any claims covered by this agreement to arbitrate.

YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.

You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. If the AAA is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, either party may elect administration by JAMS. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to, or connected with the use of The Dryft Platform or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever banned.

Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Changes and Severability

We reserve the right to make changes to The Dryft Platform, our policies, and these Terms of Use at any time. If any of the terms or conditions in these Terms of Use shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

Communication with Dryft

Dare Fusion, Inc.
9265 S. Highland Dr., #900004
Sandy, UT 84093
info@darefusion.com

You agree to receive communications from us electronically regarding your account, this Agreement and The Dryft Platform, and such communications sent from us shall be considered sufficient means of notice, whether applicable law requires written notice or not. You further agree that your electronic communications, except for communications regarding subscriptions and User Content, which are governed by other provisions of these Terms.

Effective Date of Terms of Use

May 2026

(version 5)