TERMS OF SERVICE

[Last Updated: 26 September 2021]

SECTION 1 - OVERVIEW

This website and any subdomains or other websites we have and operate now or will have and operate in the future (the “Website”), and all information, tools and technologies, products, and services we make available thereon (together with the Website, the “Service”) are owned and operated by Fayyr Corp (“Fayyr”). Throughout these terms of service (“Terms of Service”), the terms “we”, “us” and “our” to refer to Fayyr, and the terms “you”/ “You”, “your”, “User” refers to all users of the Service (“User”). For the sake of clarification, a User refers to all browsers, vendors, customers, merchants, and/or contributors of Service content (where applicable).

Please read these Terms of Service carefully before accessing or using the Service. By accessing or using any part of the Service or purchasing any items, artworks, or products or services on or from the Service, you understand that these Terms of Service are a legally binding agreement between Fayyr and you as the User, and you agree and accept to be bound by them, and to be bound by those additional terms and conditions and policies referenced herein and/or available by hyperlink from time to time, including our Privacy Policy. Any new features or tools that are added to the Service shall continue to be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page of the Website (www.Fayyr.com/termsofservice). We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for any such updates and/or changes. Your continued use of or access to the Service (or any part of it) following the posting of any such updates and/or changes constitutes acceptance of such updates and/or changes. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access the Service (or any part of it). If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

SECTION 2 - ABOUT THE SERVICE

The Service operates as an NFT service and marketplace, where Users can browse, shop, donate, and purchase digital artwork pieces and other collectibles offered on the Service by artists (“Artists”), not-for-profit and charitable organizations (“Charities”) with whom we have separate agreement, using the payment methods set out in these Terms of Service. You fully understand that Fayyr is not a bank, credit union, trust, or any other kind of financial institution for the trade-in digital currencies. We merely provide a platform through which Users can browse and purchase items and other products, including digital art from Artists and Charities. Fayyr does not provide securities, investment contracts, or any other document or financial instrument considered at law to be a "security", and the Service we provide do not constitute trading, purchasing, selling, or exchanging in securities, investment contracts, or any other document or financial instrument considered to be a "security" at law. Users may purchase any such products using the digital currency as indicated in these Terms of Service.

SECTION 3 - SUSPENSION OF SERVICE

Fayyr may alter, suspend, or discontinue the Website and/or Service at any time and for any reason or no reason, without notice, and without any liability to you whatsoever, but will endeavor to provide notice of the same. The Website and/or Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Fayyr may periodically add or update the information and materials on this Website without notice. We may also modify, suspend or terminate your access to the Service entirely and/or your User Account on our system at any time, if we believe, in our sole discretion, that you are violating these Terms of Service. Additionally, and as NFTs and the regulatory environment concerning services in direct or indirect relation with digital currencies environment is still inherently uncertain, we may be required to discontinue or suspend the Website and/or Service completely to comply with applicable laws and our obligations with respect to same.

SECTION 4 - ELIGIBILITY TO USE THE SERVICE

You may only use the Service (or any part of it) if you agree to the following conditions, and represent to Fayyr the following:

You have reached the age of majority in the state or province in which you reside (or you are at least thirteen (13) years and older, and your parent and guardian has consented to your use of the Service and represents that he/she takes full responsibility for supervising your activities in connection with the use of the Service); You are able to create a binding legal obligation (or if you are supervised, your parent/guardian is capable of doing so on his/her behalf and on your behalf); You are not barred from receiving products or services under the applicable law of your state/province or other jurisdiction; Your use of the Service (or any part thereof) will at all times comply with these Terms of Service and the applicable laws in your jurisdiction; You may not use the Service or purchase any items, artworks, or other products or services on the Service for any other purpose but for your own use and enjoyment, which means that you may not use Service or purchase products in a manner that violates any applicable laws in your jurisdiction (including but not limited to copyright laws), or for illegal or criminal purposes (see Section 5-Community and User Guidelines); You have the right to provide any and all User Content (defined below) you submit to the Service and all such User Content is accurate, true, current, and complete, and does not infringe upon any third party’s rights including any such third party’s intellectual property rights; You will update and correct any User Content you have submitted to the Service, including all User Account information, and ensure that it is accurate at all times (out-of-date information will invalidate your User Account); and You will carry out your obligations set out in these Terms of Service.

SECTION 5 - COMMUNITY AND USER GUIDELINES

The following is a list of things you cannot use the Service for, and acts that are prohibited and in which you agree that you will not engage (in whole or any part of it):

(a) to access or use the Service in any manner that could interfere with, disrupt, negatively affect, or inhibit anyone from fully enjoying and using the Service;

(b) to damage, disable, overburden or impair the functionality of the Service in any manner, including but not limited to interfering with or circumvent any filtering, security measures, or other features designed to protect the Service or any related website, other websites, or the Internet;

(c) for any unlawful, immoral, obscene, and/or unauthorized act(s) or purpose(s), including human and/or drug trafficking, pornography, crimes associated with hate, violence, discrimination, terrorism, defamation, money-laundering, tax evasion, running pyramid schemes, lotteries, raffles, gambling activities, or any other form of prohibited financial activity;

(d) to solicit or encourage others to perform or participate in any unlawful acts, in circumvention of all applicable laws and/or these Terms of Service;

(e) to infringe upon or violate our intellectual property rights and/or those of our Users, or any third party;

(f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

(g) to submit false or misleading information;

(h) upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality and/or operation of the Service;

(i) to collect, track, gather, extract or use the personal information of others such as Users’ names, real names, e-mail addresses from the Service, to transmit any unsolicited advertising, junk mail, spam, or other form of solicitation;

(j) to spam, phish, pharm, pretext, spider, crawl, “mirror”, “frame”, modify, adapt, or hack any portion of the Service;

(k) to use any robot, spider, crawler, scraper, or other automated means or interface not provided or authorized by us to access the Service or to extract data from the Service;

(l) attempt to access or search the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than through the Service and/or search agents provided by us;

(m) to access, tamper with, or use non-public areas of the Service, your computer systems, or the technical delivery systems of our providers;

(n) to sell, license, or use the Service for any commercial purpose, such as for-profit or resale, for the benefit of any third party or any other purposes in any manner not authorized by these Terms of Service, or encourage or enable any other individual to do any of the foregoing;

(o) to sell, transfer, lease or provide your User Account (including your login username and password) in any other way to anyone else, except as permitted under these Terms of Service, and you understand that the Service, including your User Account, is solely for your own use;

(p) to use or attempt to use another User’s Account without authorization to do so from such User; and/or

(q) to alter, modify, merge, translate, decompile, reverse engineer, disassemble, copy, distribute, transmit, display, publish, create derivative works of, or otherwise reduce the Service to any human-perceivable form;

(r) accepting, soliciting, offering, bidding, engaging with, hacking, or altering the smart contracts, or otherwise transacting on or off of the Service with the intent to artificially devalue, inflate, or otherwise deceptively influence, misrepresent, or cause to be misrepresented the prices on the Website (and Service);

(s) bidding, purchasing, or making offers on your own listed or offered items, artwork(s) or products, especially for the purpose of artificially influencing the price of the listed items, artwork(s), or products;

(t) engaging any deceptive conduct that may prevent competitive or fair bidding, artificially inflate or deflate the price of an item, artwork, or product, simulate demand for an item, artwork or product (i.e, engaging in "wash trading"), or any other anti-competitive bidding conduct such as but not limited to “puffing,” “chill bidding,” “shill bidding,” “sham bidding,” or “sock puppet bidding.”; and/or

(u) buy and sell items, artworks, or products from the Service, or engaging in any other transaction thereon for the purpose of concealing economic activity, laundering money, or financing terrorism.

You expressly represent and warrant by performing a transaction in connection with the Service or smart contracts that you are compliant with all United States, Canadian, and international laws, and the laws applicable in your jurisdiction. You agree to report suspicious market activity of other Users on the Service. If you suspect that one or more other Users are in violation of these Terms of Service, you should promptly inform us at support@Fayyr.com. You hereby agree and acknowledge that any forbidden conduct described herein may be a violation of law and/or these Terms of Service. You irrevocably release, acquit, and forever discharge Fayyr and its subsidiaries, affiliates, officers, and successors for and against any and all past or future causes of action, suits, or controversies arising out of another User’s violation of these Terms.

WE HEREBY RESERVE THE RIGHT TO COMPLETELY OR PARTIALLY RESTRICT OR REVOKE YOUR ACCESS TO SERVICE RESULTING FROM YOUR VIOLATION OF THESE TERMS OF SERVICE. WE RESERVE THE RIGHT TO AMEND, RECTIFY, EDIT, OR OTHERWISE ALTER TRANSACTION DATA TO MITIGATE MARKET HARM CAUSED BY A VIOLATION OF THESE TERMS OF SERVICE. IN ADDITION, WE RESERVE THE RIGHT TO INVESTIGATE AND PROSECUTE VIOLATIONS OF ANY OF THE ABOVE AND/OR INVOLVE AND COOPERATE WITH LAW ENFORCEMENT AUTHORITIES IN INVESTIGATING ANYONE WHO VIOLATES THESE TERMS OF SERVICE; AND WE MAY TERMINATE YOUR USE OF THE SERVICE IN ITS ENTIRETY FOR VIOLATING ANY OF THE PROHIBITED USES.

SECTION 6 - USER ACCOUNT, PERSONAL INFORMATION, PRIVACY, AND SECURITY

6.1 User Account. To connect with and use our Service, you must register for an account with NEAR.ORG blockchain. Any login information containing Personal Information shared between our Service and the NEAR blockchain is collected, used, stored, protected, and disclosed under our Privacy Policy. If you have questions about our Privacy Policy, you may visit www.Fayyr.com/privacypolicy, or contact us at privacy@Fayyr.com. You are still responsible (on your end) for the quality and confidentiality of the information that you submit or provide to us. This means that you are responsible for updating and correcting information you have submitted or provided to create or maintain the currentness, completeness, and accuracy of your User Account (including any purchase information you have submitted thereon), so that we may complete any transaction you may make using the Service, and contact you if required. You must safeguard your password and supervise the use of your User Account. You must not share your username and password with any other individual/person. You are solely responsible for maintaining the security of your User Account and maintaining settings that reflect your preferences. We are not responsible for any fraudulent activities, misrepresentation, or any other activity on your User Account as a result of your failure to take precautions to prevent any such access without your authorization. We will assume that anyone using the Service or anyone having any activity on your User Account (including any transactions occurring thereon) is you and/or completed by you. You accept all risks of any unauthorized access to and use of your User Account. You are fully liable for any losses and/or damages that may result therefrom. You must promptly notify us if you discover or otherwise suspect any security breaches related to the Service. Your User Account is also non-transferable. You cannot sell, combine, or otherwise share it with any other individual/person. Any violation of these Terms of Service, including, without limitation, your failure to maintain updated and correct information concerning your User Account will cause your User Account to fall out of good standing and we may suspend, cancel, or terminate your User Account in our sole discretion.

6.2 Authorized Agent. By entering into a transaction on this Website, you, as principal, authorize and appoint Fayyr Corp. to act as your payment agent with respect to transferring the gift to the designated charity. You acknowledge and agree that you are the principal making the gift. You agree that Fayyr Corp. may collect and temporarily hold the gifted property, as trustee on your behalf, prior to sending the gift to the designated charity. You agree that the gift may be paid on your behalf in the form of NEAR tokens, other cryptocurrency, Canadian dollars, U.S. dollars, or other form of currency.

SECTION 7 - IDENTITY OF USERS

You acknowledge and understand that while Artists and Charities must meet certain criteria, we do not do a thorough check on their background, their qualifications, their past history, or otherwise. We rely on their representations, documentation, and proof of registrations they may provide to us, much like when we grant any other User access to the Service to ‘verify’ them. And while we endeavor to verify that the Charities using our Service are registered in their jurisdiction under applicable laws, we are unable to continually verify and/or monitor the adequate status of any such Charities and we will not be held liable for failure to notify you of any such changes. It is up to the User to verify the status of a charity’s registration and conduct his/her own due diligence. To verify the status of a charity in Canada, you may visit: Canada Revenue Agency’s List of Charities and other Qualified Donees Database at: https://apps.cra-arc.gc.ca/ebci/hacc/srch/pub/dsplyBscSrch?request_locale=en; and the United States Internal Revenue Service Tax Exempt Organization Search Tool at : https://www.irs.gov/charities-non-profits/tax-exempt-organization-search.

As a result, you understand that Fayyr shall not at any time be held liable or responsible for a User’s misuse or use of the Service for a purpose other than for we intend the Service to be used. In addition, we shall not at any time be held liable for a User for another User’s misrepresentation as to such User’s identity and the purpose for which they choose to use the Service. While we put community guidelines in place and endeavor to have other Users report to us in the case of misuse or breach of a User’s obligations towards us under these Terms of Service, we are not and will not be held responsible for the decisions Users make in connection with the use of the Service, and as such, we do not warrant or represent the actions of any User of the Service. If you intend to use the Service, you are responsible for carrying out your own research and due diligence, including if you decide to purchase Artworks on our Service. While it is not our practice to verify a User’s identity, Fayyr may, in its sole discretion, conduct any necessary due diligence on any User to ensure compliance with these Terms of Service, applicable laws, and/or to respond to a case of misrepresentation, fraud, or known or potential violations of the law. As such, you understand and agree under these Terms of Service that Fayyr may, in its sole discretion, reasonably request information and/or documentation to verify your identity at any time (either prior to allowing you to register, access, and/or use the Service, or thereafter upon creating a User Account). Any such information we request will be collected, used, stored, and disclosed in accordance with our Privacy Policy.

SECTION 8 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

Fayyr is not and shall not in the future be held responsible for any inaccuracies, errors, or omissions in connection with the information made available or contained on this Website/and the Service, including where such information is incomplete or not current. Any information, materials, or contents of/on this Website (in audio, visual, or other format) (“Information”) is provided for general information and educational purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on any such Information material on the Service (including the Website) is at your own risk. This Website (and the Service generally), may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the Information contained on the Website (and the Service generally) at any time, but we have no obligation to update any information on our Website. You agree that it is your responsibility to monitor any changes or modifications to the Website (and the Service).

SECTION 9 – INTELLECTUAL PROPERTY

We reserve the right to refuse to execute any transaction you place with us. We may, in our sole discretion, limit or cancel transactions per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. You agree to provide current, complete and accurate purchase and account information for all purchases made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

SECTION 9 - OPTIONAL TOOLS

9.1 - Service Ownership and License to User. Fayyr, our affiliates, partners, affiliates, licensors, providers, suppliers, and other third-party providers (if any), own exclusively all rights title, and interest in and to all content, technology, and any features, functionality, including, but not limited to, all information, software, HTML code, and/or other computer code and/or scripts, text, displays, graphics, photographs, video, audio, designs, presentation, selection, any other materials included on the Service, and further, any rights and protections afforded to the “look”, “feel” “appearance”, “graphic function”, and/or “arrangement” of the Service, which are protected from unauthorized use and dissemination under Canadian and international copyright laws, trademark laws, and any other intellectual property laws. Any tradenames and trademarks, designs, images, banners, slogans, logos, trade dress, phrases, and names attached to our corporate name and brand, such as product and service names, all constitute our trademarks (“Marks”), or the Marks of our partners, affiliates, licensors, suppliers, or other third-party providers we may work with or engage. Nothing contained in or on our Service should be construed as granting any license or right to the Marks associated (directly or indirectly) with the Service, or to any other of our Marks. Unless we permit you to do so under these terms or else, or you obtain the permission partners, affiliates, licensors, suppliers, or other third-party providers, you are not permitted to use any of the materials, content, or Marks (whether owned by us or such third party) for any purpose, including without limitation, the use of metatags on other pages or websites on the Internet, or through the use of framing or otherwise. You agree that you will not attempt to circumvent any of the usage rules or restrictions on the Service. Consent or permission to use or display Marks can and will be withheld at the sole discretion of the owner of the relevant Marks. Subject to your compliance with these Terms of Service, we grant you a limited, revocable, non-exclusive, non-transferable, non-assignable license, to access and use the Service, on a single computer, mobile device, or media platform, including applications, directly downloaded from a limited applications marketplace (e.g. Google Play or Apple’s App Store) (“License”). You will not acquire any ownership rights in the Service (in whole or part). The term of your License commences on the date of your acceptance of these Terms of Service and shall end on the earlier date of the deletion, or termination of your User Account. Your License shall terminate immediately, automatically, and without notice if you attempt to circumvent any technical protection measures used in connection with the Service, or you otherwise breach these Terms of Service. Any future release, update, or other addition to functionality of the Website shall be subject to these Terms of Service.

9.2 – Digital Assets Ownershio (i.e. Artworks) and License to Owner. Digital assets, typically a Non-Fungible Token (“NFT”) displayed on the Service and purchased by you (“Owner”) for artworks, items, donations, or similar products (“Artwork(s)”) on the Service, are subject to a limited, worldwide, revocable, non-sublicensable license granted by the Artist, and the Artist shall continue to retain any such intellectual property rights in and to any such Artwork(s) purchased on the Service. For the sake of clarification, Owner understands and agrees that when Owner buys any such Artwork(s), Owner is buying the actual Artwork, and not the intellectual property rights or copyright in and to such Artwork(s), and that the term “Owner” does not confer any ownership to Owner in, or infer ownership to Owner of, any rights to any copyright, trademark, or other intellectual property rights, or any commercial use rights in and to any such artwork, item, or product, and that such Artist granting Owner a limited, worldwide, non-assignable, non-sublicensable, royalty-free license to: (i) use and display such Owner purchased Artwork for Owner’s own personal enjoyment, (ii) display and perform any such Artwork privately or publicly, (iii) positively promote and share Owner’s purchased artwork, item, and (iv) generate positive discussions or comment on any such Artwork(s) (i.e. for instance, on social media platform), virtual galleries, virtual museums, or other navigable and perceivable virtual platform and/or environments. Notwithstanding the foregoing, Owner hereby agrees not resell, sublicense, or redistribute any such purchased item or artwork for commercial purposes in any format and anywhere (whether virtually or physically). Notwithstanding the foregoing, Owner has the right to assign, sell or trade the purchased item, artwork, or product, but Artist cannot create, duplicate, or sell copies and/or derivatives works of any such purchased item, artwork, or product, or make derivatives works of the same and then sell or exploit them commercially. Additionally, Owner agree that Owner may not, nor permit any third party, to do or attempt to do any of the foregoing without the written consent of original creator of such item, product) in each case:

(a) modify, distort, mutilate, or perform any other modification to the item, artwork, or product that would be prejudicial to the creator’s honor or reputation;

(b) use the artwork to advertise, market, or sell any third-party product or service;

(c) use the artwork in connection with images, videos, or other forms of media that depict hatred, intolerance, violence, cruelty, or anything else that could reasonably be found to constitute hate speech or otherwise infringe upon the rights of others;

(d) incorporate the artwork in movies, videos, video games, or any other forms of media for a commercial purpose, except to the limited extent that such use is expressly permitted by these Terms or solely for your personal, non-commercial use;

(e) sell, distribute for commercial gain, or otherwise commercialize merchandise that includes, contains, or consists of the artwork;

(f) attempt to trademark, copyright, or otherwise acquire additional intellectual property rights in or to the artwork;

(g) attempt to mint, tokenize, or create an additional cryptographic token representing the same artwork;

(h) falsify, misrepresent, or conceal the authorship of the artwork; and/or

(i) otherwise, utilize the artwork for you or any third party’s commercial benefit.

Owner agrees and acknowledge that the lawful ownership, possession, and title to an artwork is a necessary and sufficient condition to receive the limited license rights to the underlying item, artwork, or product, provided by these Terms of Service. Any subsequent transfer, dispossession, burning, or other relinquishment of an artwork will immediately terminate Owner’s rights and interest in the license or artwork as provided by these Terms of Service, and Owner further understand and agree that any such prohibited act by Owner (directly or indirectly) under this Section by Owner shall constitute a violation of these Terms of Service, and Owner shall be wholly liable to any such artist or owner of such item or artwork for any damages or claims arising from or out of Owner’s violation of any such artist’s intellectual property rights.

SECTION 10 - USER CONTENT, RESTRICTIONS, LIMITATIONS, AND LICENSE TO FAYYR

All information, data, text, software, messages, or other materials, whether publicly posted or privately transmitted to the Website by Users ("User Content"), is the sole responsibility of such Users. This means that a User, and not Fayyr, is entirely responsible for all such material uploaded, posted, emailed, transmitted, or otherwise made available by using the Service. Fayyr does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will Fayyr be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service. Fayyr reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content, and to terminate a User's Account. 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 Service, 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 our Users and the public. By submitting, posting, or displaying User Content on or through the Service, User grants to Fayyr (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. Fayyr will not be responsible or liable for any use of User Content in accordance with these Terms. You represent and warrant that You have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that You submit.

SECTION 11 - FEEDBACK

In addition to your User Content, you may submit or provide suggestions, comments, questions, ideas, or other feedback to us concerning the Service (“Feedback”). Feedback is voluntary. You hereby understand and agree that we may freely use any such Feedback at our will to design, develop, market, and further improve our technology used to operate the Service, and expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience without any restrictions or obligations of confidentiality, acknowledgment, or monetary compensation owing to you. You agree that any submission of Feedback must not contain any computer virus or other malware that could in any way affect the operation of the Service. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any such Feedback. We have no obligation to respond to any Feedback you submit to us.

SECTION 12 - AGGREGATED DATA

We collect anonymous and aggregated statistical data produced, generated, received from, derived from, and/or transmitted to the Service from your computer, mobile device, and/or media system platform, which includes, but is not limited to, demographic information, and actions you take within and outside of the Service, your hardware/software/firmware, the browser you use, the identity of other apps, programs or software included on your device or platform, the date and time of your use of the Service, the length of time you spend on the Service), your activities and/or usage habits of the products and services provided through the Service, and/or Services (“Aggregated Data”). We will use the Aggregated Data to improve our Service, expand the reach of our Service, improve and increase the ease and enjoyment of our Users’ experience, and overall quality and accessibility of the Service. Aggregated Data belongs to Fayyr. For greater certainty, the Aggregated Data we collect will not reveal your identity or confidential information, including your specific data entered by you into the Service (including any such data entered into your User Account).

SECTION 13 - THE PRODUCTS AND NFTS

All Artwork(s) on the Service are minted onto the NEAR blockchain as a non-fungible token (“NFT”) using smart contracts by artists with whom we have agency agreements (“Artists”), for the benefit of the Charities with whom we have agreements. Artists and Charities with whom we have agreements may be noted as ‘Verified’ on the Service. All such Artworks are forever tracked and stored on the NEAR blockchain, providing User with a permanent record of authenticity, ownership, and transaction history. Only Artists and Charities approved by us are able to mint on our smart contracts. Artwork(s) minted and sold on our smart contracts includes, but is not limited to: visual works, audiovisual works, animations, audio, photographs, 3D works, and other creative digital works. Artists seeking an invitation to create and list items, works, artwork, or products for sale on the Service must submit a request to support@Fayyr.com. Fayyr has unilateral discretion in approving artists/merchants/charities and makes no guarantees or promises that any Artist/Charity will be approved, even if the Artist/Charity was invited to submit such request. Any acceptance or approval of an Artist/Charity on the Service does and shall not constitute an endorsement on Fayyr’s behalf of such Artist’s products, works, items, or artwork, their suitability, or quality, or the Charity’s activities. Any such relationship in connection with a User’s decision to purchase an Artwork from such Artist or to support a Charity is a direct relationship as and between such User and such Artist/Charity.

All transactions are recorded on the NEAR public blockchain. Transactions on the Service are managed using smart contracts on the NEAR blockchain. You understand that your NEAR wallet will be used and recorded to that blockchain when you participate on the Site. As further set out in Section 17 of these Terms of Service, Fayyr does not own or control NEAR or any other third-party website or integration you might use for purchasing NEAR coins or accessing other services related to transactions on the Service. We are not liable for any damage that you may suffer in your transactions with such third parties. Furthermore, you understand that the smart contracts we are using do not give Fayyr possession or control of any products or cryptocurrency that are being used in the donation or purchase related to a product. You represent that you are aware and acknowledge that Fayyr Corp is a non-custodial service provider. The Service is provided as a means of directly interacting with the Charities and Artists to donate to Charities and for you to purchase Artworks from Artists.

SECTION 14 - SMART CONTRACTS

You agree and understand that all royalties and fees are processed directly through one or more of the smart contracts on the NEAR blockchain. You consent to be bound by the execution of those contracts on the NEAR network and waive any entitlement to fees or royalties paid by the functioning of those contracts. The smart contracts will typically include royalties for the first and all subsequent sales of the product. You consent to the automatic disbursement of those royalties. For transactions to occur on the Website, a User must voluntarily invoke smart contract operations from a NEAR wallet. All transactions are initiated through smart contracts at the discretion and complete risk of you and other users. The smart contracts have been configured by Fayyr and possibly third parties to automatically facilitate listing products, offering to purchase a product, selling a product, purchasing a product, transferring a product, and so on. You acknowledge the risk of using such smart contracts and agree to be bound by the outcome of the operation of the smart contract whether or not it behaves as you expect. The Fayyr smart contracts on NEAR require function-call access keys to enable the calling of certain smart contract functions. You grant permission for this access key to be generated and used by the Fayyr smart contracts. You will be asked by NEAR to grant this permission on signing into your wallet. As an extra layer of security, many of the methods invoked on Fayyr smart contracts require the transfer of 1 yoctoNEAR (10^-24 NEAR).

Smart contracts are experimental blockchain technology and are often under heavy development. All transactions on the Website and the NEAR and other blockchains that may be involved use new blockchain technology. These technologies include peer-to-peer networks, consensus algorithms, cryptocurrencies, and non-fungible tokens (NFTs). You agree that such technologies are speculative, new, experimental, and inherently risky. As these technologies are under development, you acknowledge that they may be subject to errors, bugs, hacking, protocol changes, and other unforeseen challenges. These and other challenges may expose you to a risk of a total loss, forfeiture of your digital currency or products, or lost opportunities to buy or sell products. Fayyr assumes no liability or responsibility for any such smart contract or related failures, risks, or uncertainties. You hereby represent that you are knowledgeable, experienced, and sophisticated in using blockchain technology, the Website (and the Service generally), and in initiating cryptocurrency transactions. Fayyr shall not be liable to you for contract, tort, or any other types of damages, including indirect, special, incidental, consequential, punitive, or exemplary damages arising out of or related to participation in or the outcome of a transaction, whether or not we have been advised or knew of the possibility of such damages. Like all smart contract blockchains, NEAR requires the payment of fees for the execution of contracts, the storage of tokens, and possibly other services. You acknowledge that these ‘gas’ fees are not refundable under any circumstances. You acknowledge and agree that the fees are not under the control of Fayyr, and are subject to frequent variances. You agree that no transaction will be invalidated by you because of such gas fees. Additionally, as these technologies continue to evolve, so does the regulatory and legal landscape. As stated elsewhere in these Terms of Service, we may be required to comply with any such new regulatory and legal requirements, or to suspend the Service entirely if we are so required to do so. We will not be held liable for suspension or termination of the Service for any reason, including for complying with our legal obligations.

SECTION 15 - PRICES/PRICE INCREASES, MODIFICATIONS, PRODUCT DESCRIPTIONS, AND RESTRICTIONS

All features, specifications, and prices of items, artworks, and products offered on the Service are subject to change at any time without prior notice or liability to you or any third party. Additionally, you acknowledge and agree that the price of any such artwork, item, or product displayed on the Service may be influenced by activity outside of the control of Fayyr. We do not represent, guarantee, or warrant the accuracy or fairness of the price of any items, artworks, or products sold or offered for sale on the Service. We reserve the right to make changes in information about the price, description, or availability of the items, artworks, or products without notice. You agree and acknowledge that Fayyr is not a fiduciary nor owes any duties to any User of the Service, including the duty to ensure fair pricing of items, products, or artworks or to police User behavior on the Service. We have made every effort to display as accurately as possible a visually clear depiction of our products that appear on the Website; however, the actual image or graphics depicting the items, artworks, or products you will see will depend on your computer, and we cannot guarantee that your computer will accurately or display the image or graphical representation of the item you purchase. Additionally, you understand that certain items, artworks, or products may be available exclusively online through the Service. These products, items, artworks, or services may have limited quantities. We reserve the right but are not obligated, to limit the sales or quantities of the items, artworks, or other products that we offer to any person, geographic region, or jurisdiction, or to cancel transactions per person, per household, or per order. These restrictions may include orders placed by or under the same User Account and/or orders that use the same e-mail address. If we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or other contact information provided at the time the order was made. We may exercise this right on a case-by-case basis. We reserve the right to remove or discontinue the display, offering, or sale of any item, artwork, or other product from the Service at our sole discretion and any time.

SECTION 16 - TAXES, DUTIES, AND FEES

You are responsible to pay any and all sales, use, value-added and other taxes, duties, and assessments now or hereafter claimed or imposed by any governmental authority, associated with your use of the Service (including, without limitation, any taxes that may become payable as the result of the purchase of any item, artwork, or other product purchased from or on the Service).

SECTION 17 - THIRD-PARTY WEBSITES, LINKS, INTEGRATIONS, AND TOOLS

The Service may contain links to other websites that are not owned or controlled by Fayyr or may make it possible for you to elect to use third-party services, tools, and options with the Service where such third-party service providers have integrated with the Service (“Third-Party Integration Partners”). For instance, in order to use our Service, you will be required to register for a NEAR blockchain account, which will then allow you to connect and use our Service. In no event shall any reference to any third party, third party product, or service be construed as an approval or endorsement by Fayyr of that third party, third party product, or service. Fayyr is also not responsible for the content of any linked websites or the delivery of any product or service offered by third parties including Third Party Integration Partners. Any third-party Websites or services (including those offered by Third Party Integration Partners, such as the NEAR blockchain) are subject to the terms and conditions of those websites, and or services and you are responsible for determining those terms and conditions and complying with them. The presence of a link to any other website, or the offering of any such third-party provider tools, integrations, or options on the Service does not imply that Fayyr endorses or accepts any responsibility for the content or use of such websites or the functionality or features of any such options or tools, and you hereby release Fayyr from all liability and/damages that may arise from your use of such websites, tools, or options or receipt of services from any such Third-Party Integration Partners. Fayyr may from time to time offer promotions, sweepstakes, giveaways, and contests on the Website. Participation in such initiatives requires your agreement to the contest rules that govern the specific promotional event.

SECTION 18 - ERRORS, INACCURACIES, AND OMISSIONS

Occasionally, there may be information on our Website or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related Service, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related Service should be taken to indicate that all information in the Service or on any related Service has been modified or updated.

SECTION 19 - TERMINATION

Fayyr may terminate this Agreement immediately and cancel your use of the Service under the following circumstances:

(a) your breach or violation of these Terms of Service;

(b) your breach or violation of applicable laws;

(c) requests by law enforcement or other government agencies to terminate the Service;

(d) if you stop using the Service;

(e) discontinuance or material modification to the Service (or any part thereof, (f)including the Website);

(f) unexpected technical, security, or legal issues or problems;

(g) participation by you, directly or indirectly, in fraudulent or illegal activities; and/or

(h) termination if provided for in accordance with any other section(s) of these Terms of Service.

Notwithstanding termination of these Terms of Service, these Terms of Service that by their nature continue beyond the expiration or termination of this Agreement shall survive, are perpetual, and shall continue to remain effective, including, without limitation, terms, and provisions concerning any intellectual property rights, ownership, license and restrictions (in connection with the Service and/or the Artworks), any representations and warranties you have made to Fayyr, disclaimers of representations and warranties made by Fayyr hereunder, limitation of liability, indemnification, governing law, assignment, severability, and entire agreement). Termination of your access to the Service (in whole or part) may also include the removal of some or all of the User Content uploaded by you. On termination, you may request deletion of certain User Content uploaded by you. To the extent the data is in Fayyr’s possession, custody, or control, Fayyr will perform such deletion subject to the retention policy in our Privacy Policy. You acknowledge and agree that all terminations may be made by Fayyr in its sole discretion and that Fayyr shall not be liable to you or any third-party for any termination of your access to the Website or Service or for the removal of any of your User Content uploaded on or to the Service Any termination of these Terms of Service by Fayyr shall be in addition to any and all other rights and remedies that Fayyr may have.

SECTION 20 - CONFIDENTIALITY

Your access or use of the Service as a User may provide you with access to certain non-public information or materials relating to our products and services, intellectual property, business, marketing programs and efforts, and other sensitive information. Our Confidential Information is just that – confidential. Anything that is delivered to your User Account upon your registration for the same, your contact information, and is not available online – is considered confidential. We would like to keep it that way. You agree to keep confidential and to not disclose Confidential Information unless it is required to be disclosed by a subpoena or other similar order of any court or government agency. You agree that you will use the same but not less than the same precautions that you would use to protect your own confidential information. If you disclose our Confidential Information under any such subpoena or other similar order, you must immediately and promptly tell us in writing and provide a copy of what has been released, and you will disclose only that portion of the Confidential Information that has been requested of you to disclose and no more that than. You also agree that you will keep confidential in the same manner as our Confidential Information, all information you receive from us in our communications with you, and/or as a result of your access/and our use of the Service in connection with our third-party providers. You must return or destroy our Confidential Information, on termination of your use Service, regardless of the reason for termination thereof.

SECTION 21 - ELECTRONIC COMMUNICATIONS

You consent to receive electronic communications from Fayyr either in the form of email, push notifications, to your portable or mobile device, or other forms of electronic messages sent to you at the addresses listed on your User Account or by communications posted on or notifications through the Website (collectively, “Electronic Communications”). You acknowledge and agree that any Electronic Communication shall satisfy any legal requirement that such communication or notification be in writing

SECTION 22 – ADVERTISEMENT AND PROMOTIONS

We may run special or targeted advertisements and promotions and programs on or through the Service from time to time. A User’s dealings, correspondence with, or participation in promotions offered by such third-party advertisers, third-party providers, and any terms, conditions, warranties, or representations associated with your dealings with such third parties, are solely between the User and such third party. We are not and will not be held liable for any loss or damage of any sort incurred as the result of the presence of third-party advertisers and/or third-party providers that advertise or promote their products and services on or through the Service.

SECTION 23 – CONNECTING THROUGH A SOCIAL MEDIA ACCOUNT

By connecting to our Website to communicate with us through any Fayyr-related Facebook, Twitter, LinkedIn, or social media medium, you understand that Fayyr may access, store, and make available content from your social media medium account according to the permission settings of your social media account. Any such information may be governed by our Privacy Policy.

SECTION 24 – SECURITY AND ACKNOWLEDGMENT

YOU ACKNOWLEDGE AND AGREE THAT THE USE OF THE INTERNET IS INHERENTLY NOT SAFE. WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR ANY PART OF THE SERVICE, WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE SERVICE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL RESULTING FROM YOUR USE OF THE SERVICE, AND ANY CONTENT PERTAINING TO PROMOS FOR PRODUCTS AND SERVICES DISPLAYED, FOUND OR ATTAINED ON OR THROUGH THE SERVICE, OR FROM DOWNLOADING OF ANY CONTENT.

SECTION 25 – DISCLAIMER OF REPRESENTATIONS, WARRANTIES, AND COVENANTS

AS PERMITTED BY APPLICABLE LAW, AND IN ADDITION TO ANY OTHER DISCLAIMERS WE HAVE MADE IN ELSEWHERE IN THESE TERMS OF SERVICE IN CONNECTION WITH THE SERVICE, YOU EXPRESSLY AGREE THAT USE OF THE SERVICE (IN WHOLE AND PART) IS AT YOUR SOLE RISK. THE SERVICE (INCLUDING THE WEBSITE), AND ANY INFORMATION PROVIDED OR CONTAINED THEREIN OR THEREON, INCLUDING WITHOUT LIMITATION, INFORMATION, ITEMS, ARTWORKS, OR OTHER PRODUCTS OR SERVICES WHICH MAY BE OFFERED AND SOLD ON THE SERVICE, AS WELL AS THE APPLICABLE TECHNOLOGY USED TO OPERATE THE SERVICE, ARE MADE ACCESSIBLE OR AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. FAYYR SPECIFICALLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS, WHETHER EXPRESS, IMPLIED, OR STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING, TRADE OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THOSE OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE, MERCHANTABILITY, SUITABILITY, AND FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE (IN WHOLE OR IN PART) IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING AND/OR RELYING ON ANY SUCH MATERIAL OR INFORMATION. WE MAKE NO WARRANTIES ABOUT THE PRICE OR AVAILABILITY OF ANY ITEMS, ARTWORKS, OR PRODUCTS ON OUR SERVICE. WE MAKE NO REPRESENTATIONS AND WARRANTIES, AND FURTHER SPECIFICALLY DISCLAIM, THAT THE WEBSITE OR THE SERVICES WILL MEET REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, OR OPERATE WITHOUT ERROR AND THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE.

SECTION 26 – LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FAYYR CORP, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS, BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOST BUSINESS DAMAGES, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES THAT RESULT FROM OR IN CONNECTION WITH (DIRECTLY OR INIDRECTLY) ANY OF THE FOLLOWING: (A) YOUR USE OR INABILITY TO USE THE SERVICE (OR ANY PART THEREOF); (B) MODIFICATION OR REMOVAL OF ANY INFORMATION (INCLUDING WITHOUT LIMITATION USER CONTENT) OR OTHER INFORMATION SUBMITTED ON OR THROUGH THE SERVICE; (C) YOUR ACCESS AND/OR USE OF THE SERVICE AND ANY DAMAGES LOSSES OR PERSONAL INJURY (MENTAL OR PHYSICAL) RESULTING THEREFROM, INCLUDING DEATH, DISABILITY, OR PROPERTY DAMAGE AND THE LIKE; (D) THESE TERMS OF SERVICEAND ANY OTHER DOCUMENT WHICH MAY BE INCORPORATED BY REFERENCE HERETO; (E) ANY IMPROPER USE OF INFORMATION OR CONTENT YOU PROVIDE TO THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INFORMATION; (F) DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE, YOUR USER ACCOUNT OR THE INFORMATION CONTAINED THEREIN OR THEREON, OR YOUR PURCHASE OF ANY PRODUCT, ITEM, OR ARTWORK; (G) YOUR USE OF ANY THIRD PARTY INTEGRATION PARTNER WEBSITES, TOOLS, OPTIONS, OR OTHERWISE (INCLUDING WITHOUT LIMITATION NEAR); (H) ERRORS, MISTAKES, OR INACCURACIES IN OR ON THE SERVICE; (I) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREON; (J) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (K) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SOFTWARE BY A USER OR BY ANY THIRD PARTY; (L) ANY ERRORS OR OMISSIONS CONTAINED IN ANY INFORMATION OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR OTHER INFORMATION POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SERVICE AND/OR; (M) THAT THE SERVICE (IN WHOLE AND IN PART) WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE, OR ERROR FREE. ADDITIONALLY, AND SUBJECT TO SECTION 14 (SMART CONTRACTS), YOU HEREBY UNDERSTAND AND AGREE THAT USING DIGITAL CURRENCIES COMES WITH INHERENT RISKS. IN REGISTERING FOR A USER ACCOUNT AND USING OUR SERVICE, YOU AGREE THAT FAYYR IS NOT RESPONSIBLE OR LIABLE TO YOU IN ANY WAY FOR YOUR INTERACTIONS WITH THE NEAR NETWORK (INCLUDING ANY LOSSES SUFFERED AS A RESULT THEREOF, SUCH AS LOSSES TO YOUR NEAR WALLET), AS WELL AS ANY CHANGES TO THE SERVICE, INCLUDING BUT NOT LIMITED TO, REGULATORY INTERVENTION BY A THIRD PARTY IN THE OPERATION OF THE WEBSITE AND SERVICE.

IN NO EVENT SHALL FAYYR’S AGGREGATE LIABILITY FOR ANY DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, IN CONNECTION WITH OR ARISING OUT OF THESE TERMS OF SERVICE OR FROM YOUR USE OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNT PAID TO FAYYR IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY(AND AFTER DEDUCTING ALL COSTS, FEES, AND LIABILITIES INCURRED BY OR ON BEHALF OF FAYYR, DETERMINED AS OF THE DATE OF ANY FINAL JUDGMENT IN ANY SUCH ACTION OR CLAIM), OR ONE HUNDRED DOLLARS ($100.00 CAD) IF NO SUCH PAYMENTS HAVE BEEN MADE TO US. YOUR REMEDY FOR DISSATISFACTION WITH THE SERVICE (IN WHOLE OR PART), OR YOUR DISAGREEMENT WITH THESE TERMS OF SERVICE IS TO STOP USING THE SERVICE (AND ANY PART THEREOF) AND REQUEST THE DELETION OF YOUR USER ACCOUNT.

SECTION 27 – INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Fayyr Corp, its subsidiaries, and affiliates, and their respective directors, officers, employees, agents, partners, and licensors from and against all claims and expenses, including, without limitation, attorneys’ fees made by a third party, arising out of, related to, or in connection with any of the following:

(a) the infringement of any third party copyright, trademark, trade secret, patent right or other proprietary right connection with the NFTs (and corresponding items, artworks, and products);

(b) your access and/or use of the Service (in whole or in part);

(c) your actual or alleged breach or violation of these Terms of Service;

(d) fraud you commit, illicit activity you engage in, or your intentional misconduct or gross negligence;

(e) your violation of any applicable U.S., Canadian, or foreign law or rights of a third-party (including but not limited to the proprietary and intellectual property rights of another User of the Service);

(f) any breach of any representation or warranty made by you in these Terms of Service;

(g) your interactions, dealings and transactions with another User on our Service;

(h) any action or inaction by a User, including, without limitation, but not limited to any harm caused to you by any such action or inaction of another User,

(i) any conduct, speech or content, whether online or offline, of any other third-party;

(j) your purchase of any item, artwork or product; and/or

(k) interactions with the NEAR Network (including your NEAR wallet).

SECTION 28 – GENERAL

If any provision is unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Where a provision in the Terms of Service is found to be unlawful, void, or for any reason unenforceable, a lawful or enforceable term which best reflects the intention of the provision, as originally drafted, shall substitute. Our failure to enforce any right or provision of the Terms of Service will not be deemed a waiver of such right or provision. The Terms of Service shall enure to the benefit of and are binding upon the parties and their respective successors and permitted assigns. Fayyr may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of Fayyr, and any such attempted assignment will be void and unenforceable. Unless otherwise provided in these Terms of Service, nothing herein is intended or shall be construed to confer upon any person other than you and Fayyr and their successors or assigns, any rights or remedies under or by reason of this Agreement. Violation of the Terms of Service may cause us irreparable harm and, therefore, you agree that we will be entitled to seek extraordinary relief including, but not limited to, temporary restraining orders, preliminary injunctions, and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that we may have for a breach of these Terms of Service. The laws of the Province of Ontario, and the federal laws of Canada will govern these Terms of Service without giving any effect to any principles of conflict of law, and the exclusion of the Vienna Convention on the International Sale of Goods. You understand and agree that, by entering into these Terms of Service, you are waiving the right to a trial by jury or to participate in a class action concerning any claims arising concerning the Service, and the Promos which may be offered on the Service from time to time. All disputes shall be settled fully and finally and exclusively in the courts in Ottawa in the Province of Ontario. These Terms of Service together with our Privacy Policy, and any schedules, exhibits, or other policies or documents (which are attached, hyperlinked, or are incorporated by way of reference hereto) constitutes the entire agreement between you and regarding your access and use of the Service (in whole or in part), and supersede all prior or contemporaneous communications whether electronic, oral or written between you and Fayyr regarding your use of the Service. We cannot be held liable for failure or delay in fulfilling our obligations due to force majeure events, such as acts of God, acts of government, proclamations by government or international authorities, such as the declaration of a national or regional state of emergency, epidemics, pandemics, floods, fires, earthquakes, tsunamis, explosions, catastrophes, and other potential disasters, acts of war, military invasion, and occupations, international and internal civil conflict and hostilities (whether war is declared or not), acts of public enemies and terrorist threats or acts, riots, government order or law, sanctions, embargoes, or blockades in effect on or after the date of these Terms of Service, action by any governmental authority; national or regional emergencies; strikes, labour stoppages or slowdowns, or other industrial disturbances; and other similar events and disturbances beyond our control. The parties confirm that it is their wish that these Terms of Service, as well as any other documents relating to these Terms of Service, including notices, have been and shall be drawn up in the English language only. Nothing contained in these Terms of Service will be deemed to establish a partnership, joint venture, association, or employment relationship between you or Fayyr. In addition, we are not a subsidiary, agent, partner, associate, affiliate, representative, employee, contractor of any User that displays their products, items, or artworks for sale to other Users on the Service. Headings are for reference purposes only and do not limit the scope or extent of such sections. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.

SECTION 29 – NOTICES

Except as explicitly stated otherwise, legal notices shall be served on Fayyr via email to support@Fayyr.com. We may give you legal notice by mail or e-mail to the address provided during the registration process. In these cases, notice shall be deemed given three (3) days after the date of mailing.

SECTION 30 – CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes and/or modifications.

SECTION 31 – QUESTIONS AND INFORMATION REQUESTS.

If you have any questions or concerns regarding these Terms of Service, your use of the Service, you may contact us by email at support@Fayyr.com or by courier at the address below:

FAYYR CORP.

118 Woodbend Cres, Waterloo, ON, N2T1G9, Canada