End-User License Agreement

Our EULA was last updated on January 11, 2025.

Introduction

This End-User License Agreement (“EULA” or “Agreement”) is a legal agreement between [You]—whether an individual or a single entity, including without limitation “Content Creators,” “Brands,” “Shoppers,” and “Users” (collectively, “You”)—and [MoreThinks Solutions] (“MoreThinks,” “we,” “us,” “our,” or the “Company”) regarding your access to and use of the [Fanciti] platform (the “Platform”). This EULA governs your use of the Platform, including any updates, enhancements, or modifications provided by MoreThinks. By clicking “I Agree,” installing, accessing, or otherwise using the Platform, You acknowledge that You have read, understood, and agree to be legally bound by the terms and conditions set forth in this EULA.

Our Services

The Platform, known as Fanciti, is designed to facilitate and streamline interactions among various participants, including Shoppers, Content Creators, and third-party retailers and businesses (collectively, “Brands”). Through the Platform, Users can engage in a wide range of promotional activities, which may include, but are not limited to, affiliate sales, the dissemination of referral links, the distribution of promotional codes, and other related commercial engagements. By providing these tools and functionalities, the Platform aims to foster efficient and value-driven relationships among Content Creators, Brands, and Shoppers, ultimately supporting more effective promotional efforts and mutual benefits for all participants involved.

License Grant

MoreThinks grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Platform strictly in accordance with the terms of this Agreement. Depending on your user category and role, this license permits both lawful personal, non-commercial and, where applicable, commercial use of the Platform. For Content Creators, and Brands, commercial use may include promotional activities, affiliate sales, referrals, and similar endeavors conducted via the Platform. All such use must comply with applicable laws, this Agreement, and any additional terms governing commercial engagements. This licence does not grant third-party businesses to offer commercial services, including but not limited to selling services to maintain Content Creators’ or Brands’ profiles.

No Third-Party Account Management or Monetization

You acknowledge and agree that your license to use the Platform is granted solely to you, in your individual or organizational capacity as applicable, and is not to be shared, assigned, or otherwise transferred to any third party. Without the prior express written consent of MoreThinks, no third-party agencies, management companies, or other entities may access, operate, or otherwise manage your user account(s), profile(s), or content on the Platform. Additionally, no such third party may profit or otherwise monetize services related to your account(s) or activities on the Platform. Any attempt to authorize or delegate such management or monetization to a third party without MoreThinks’ express prior written consent is strictly prohibited and may result in the immediate suspension or termination of your license, as well as any other remedies available to MoreThinks under this Agreement or applicable law.

Restrictions on Use

You agree not to, and you will not permit others to:

• Copying and Security Circumvention: You agree not to copy our Platform and/or Services or circumvent any security measures.
• Data Retrieval Prohibition: Systematic retrieval of data from the Platform and/or Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without the express written permission of MoreThinks is strictly prohibited.
• Automated or Manual Monitoring: You may not use any robot, spider, “bot,” other automatic device, or manual process to monitor, gather, or "harvest" information from the Platform and/or Services.
• Prohibition of Scraping Activities: You may not engage in “screen scraping,” “database scraping,” or any similar practices to obtain user lists, portions of a database, or other information from the Platform and/or Services without authorization.
• Framing and Proprietary Content: You may not frame, use framing techniques, or enclose any trademark, logo, or proprietary information (including images, text, page layout, or form) of the Platform or its affiliates without express written consent from MoreThinks.
• Meta Tags and Hidden Text: You may not use meta tags or other “hidden text” that utilize MoreThinks’ and/or the Platform’s name or trademarks without express written consent from MoreThinks.
• Interference with Service Operations: You agree not to use any device, software, or routine to bypass protective code, interfere with, or attempt to interfere with the proper functioning of the Platform and/or Services.
• Infrastructure Load: You agree not to take any action that imposes an unreasonable or disproportionately large load on the Platform or their hosting infrastructure.
• False Information: You agree not to knowingly provide false information to sabotage or otherwise negatively affect the Platform and/or Services.
• Reverse Engineering Prohibition: You agree not to reverse engineer, disassemble, or decompile any prototypes, software, systems, materials, or information provided to you or to which you are granted access.
• Compliance with Rules: You agree to comply with any application, forum, or specific rules published within the Platform and/or Services.
• Unauthorized Purposes: You agree not to use the Platform and/or Services for any unauthorized purposes, including facilitating commercial advertisements, solicitations, spamming, or creating or distributing malicious software.

Related Agreements

By agreeing to this EULA, you also agree to comply with the terms of [ Terms of Service ], [ Privacy Policy ], and any other agreements incorporated herein by reference.

Jurisdiction

This EULA and any disputes arising out of or in connection with it will be governed by and construed in accordance with the laws of British Columbia and the laws of Canada applicable therein, without regard to its conflict of laws principles. By accessing or using the Platform, you irrevocably consent to and submit to the exclusive jurisdiction of the provincial and federal courts situated in the City of Vancouver, British Columbia, for the resolution of any disputes, claims, or matters arising out of, connected with, or relating to the Platform, this EULA, or any related matters.

You further acknowledge and agree that any disputes or claims you may have against us shall be exclusively resolved in a court located in the Province of British Columbia, in the City of Vancouver. By agreeing to this EULA, you expressly:

1. Waive any claims or legal remedies that you might otherwise have under the laws of other jurisdictions, including your own;
2. Irrevocably consent to the exclusive jurisdiction and venue of the provincial and federal courts situated in the Province of British Columbia for the resolution of any disputes or claims arising out of or related to this EULA or the Platform; and
3. Submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or disputes.

Intellectual Property & Copyright Infringement

The Platform and all rights, title, and interest in and to the Platform, including all intellectual property rights therein, are and will remain the exclusive property of MoreThinks. You agree to notify MoreThinks promptly if you become aware of any infringement of MoreThinks’s intellectual property rights in the Platform.

Except as expressly authorized by MoreThinks in writing, you are prohibited from reproducing, reprinting, publishing, distributing, or otherwise exploiting any content or technology from MoreThinks available on the Platform without our prior express written consent. All rights not expressly granted herein are reserved by MoreThinks.

Termination of Licensing

MoreThinks reserves the right to modify, suspend, or terminate your access to and use of the Platform at our sole discretion, with or without cause or prior notice, including, but not limited to, situations where MoreThinks believes you have violated or acted inconsistently with this Agreement.

In the event of termination:

1. All representations, warranties, indemnifications, and obligations made by you under this Agreement shall survive.
2. The provisions governing claims and dispute resolution shall remain in full force and effect.
3. You are required to immediately cease all use of the Platform and destroy any and all copies, whether full or partial, of the Platform.

MoreThinks may, but is under no obligation to, store or retain any content that you have provided, liked, or posted on the Platform.

MORETHINKS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY(S) FOR ANY LOSS OR DAMAGE ARISING FROM OR IN CONNECTION WITH THE MODIFICATION, SUSPENSION, OR TERMINATION OF YOUR ACCESS TO THE PLATFORM OR SERVICES, INCLUDING BUT NOT LIMITED TO REFUNDS, LOST PROFITS, LOST OPPORTUNITIES, MONETARY DAMAGES, SERVICE INTERRUPTIONS, OR LOSS OF CONTENT.

Warranty Disclaimer

THE PLATFORM AND ALL CONTENT MADE AVAILABLE THROUGH IT ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS. MORETHINKS DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

MORETHINKS MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE PLATFORM AND/OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, BE ERROR-FREE, RELIABLE, OR OPERATE WITHOUT INTERRUPTION. YOU ASSUME THE ENTIRE RISK ASSOCIATED WITH SELECTING THE PLATFORM FOR YOUR INTENDED PURPOSES AND BEAR SOLE RESPONSIBILITY FOR THE QUALITY AND PERFORMANCE OF THE PLATFORM.

Limitations of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MORETHINKS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, WHETHER SUCH DAMAGES ARE INCURRED DIRECTLY OR INDIRECTLY, AND WHETHER ARISING UNDER CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, RESULTING FROM:

(a) YOUR USE OF, OR INABILITY TO USE, THE PLATFORM;

(b) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN;

(c) ANY INTERRUPTION, SUSPENSION, OR CESSATION OF TRANSMISSION TO OR FROM THE PLATFORM;

(d) BUGS, VIRUSES, TROJAN HORSES, OR OTHER HARMFUL CODE TRANSMITTED TO OR THROUGH THE PLATFORM BY ANY THIRD PARTY;

(e) ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE PLATFORM; AND/OR

(f) THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. AS A RESULT, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

Limits on Damage Liability

THE FOREGOING PROVISIONS MAY LIMIT THE LIABILITY OF THE MORETHINKS PARTIES FOR THEIR OWN NEGLIGENCE, INCLUDING GROSS NEGLIGENCE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE PLATFORM, THE SERVICES, OR ANY INFORMATION PROVIDED THEREON, OR IF YOU REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THE PLATFORM AND/OR SERVICES. NOTWITHSTANDING THE FOREGOING, AND TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF THE MORETHINKS PARTIES TO YOU, REGARDLESS OF THE FORM OF ACTION OR CLAIM, SHALL BE LIMITED TO THE AMOUNT YOU HAVE PAID, IF ANY, TO ACCESS OR USE THE PLATFORM AND/OR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LIABILITIES. THEREFORE, SOME OR ALL OF THE LIMITATIONS SET FORTH IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless MoreThinks, our affiliates, and our respective employees, contractors, officers, directors, and agents from and against any and all claims, liabilities, damages, costs, expenses, attorneys' fees, and settlements, arising out of or related to:

1. Your use or misuse of the Platform;
2. The materials contained on the Platform;
3. Any sites or applications linked to the Platform; or
4. Any alleged violation of the rights of a third party. This indemnification obligation applies regardless of whether the claims are based on contract, tort, statute, law, or equity. MoreThinks reserves the right, at our sole expense, to assume the exclusive defense and control of any matter subject to indemnification by you. In such an event, you agree to cooperate fully with MoreThinks in asserting any available defenses. The foregoing provision may have the effect of indemnifying MoreThinks and our affiliates for liabilities and damages arising from their own negligence, including gross negligence, to the maximum extent permitted by applicable law.

Control of Platform Distribution

You may not distribute or make the Platform available over a network where it could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Platform.

WARNINGS; DISCLAIMERS

1. Ownership of Content and Licensing Rights

   You represent, warrant, and agree that you are the exclusive owner of any content you publish on the Platform, or that you have obtained all rights, licenses, consents, and releases necessary to make such content available on the Platform. You further represent, warrant, and agree that your content does not infringe, misappropriate, or violate any third party’s intellectual property rights, rights of publicity or privacy, or any other applicable law or regulation. By publishing any content on the Platform, you grant MoreThinks and our affiliates a non-exclusive, perpetual, worldwide, royalty-free, sublicensable right and license to use, copy, display, perform, distribute, modify, adapt, abridge, exploit, and promote such content in any manner and in any commercial or non-commercial medium or form, without compensation or charge.

2. Liability for Content

   You acknowledge and agree that MoreThinks is not responsible or liable for any content provided by others. MoreThinks has no obligation to screen content that you or others supply or post but retains the right to refuse to post, the right to edit, or remove any content at our sole discretion and without notice. MoreThinks reserves the right to discontinue the Services or modify the content available through the Platform and/or Services at any time, with or without notice, and without liability.

3. Third-Party Content and Links

   MoreThinks does not guarantee the accuracy, integrity, appropriateness, or quality of any third-party content, including content provided by Creators, Brands, or other users of the Platform. MoreThinks is not responsible for content published, promoted, or linked to by any Creator or Brands and assumes no liability for statements, products, or services advertised or provided by any third party featured on the Platform. The Platform may include links to third-party websites. MoreThinks does not control the contents of such websites and does not endorse or approve their content. You agree that MoreThinks is not responsible or liable for any content, materials, or transactions on or associated with third-party sites, advertisers, or service providers. You further agree that MoreThinks shall not be liable for any claim or loss arising from your use of, or dealings with, third-party websites, advertisers, or businesses.

4. Voluntary Content Sharing

   If you choose to share content or communications in areas of the Platform that are publicly accessible, you do so at your own risk. MoreThinks is not responsible for, and expressly disclaims liability arising from, the use, disclosure, or distribution of any content, communication, or information that you voluntarily share in areas accessible to others.

5. Geographic Restrictions

   MoreThinks makes no representation or warranty that content on the Platform is appropriate or available for use outside of Canada. If you access the Platform from outside Canada, you do so at your own initiative and are solely responsible for compliance with local laws and regulations.

Business Contact Information

If you have any questions about this EULA, please contact us at:

MoreThinks Solutions

Email: terms@fanciti.com

Updates & Changes

MoreThinks reserves the right, at our sole discretion, to substitute, replace, modify, update, or upgrade the Platform, this Agreement, or any related terms, including but not limited to the Privacy Policy, at any time, with or without prior notice to you. All such modifications and updates shall be incorporated into and subject to this Agreement and shall remain the exclusive property of MoreThinks.

If MoreThinks provides you with an updated version of the Platform, you are required to utilize the most recent version. MoreThinks will only be required to support the current version of the Platform provided to you. Depending on the nature of the update, your continued use of the Platform may be conditioned upon your acceptance of any revised terms or conditions.

Changes to this Agreement or any accompanying terms, including updates to the Privacy Policy, shall become effective immediately upon posting. MoreThinks may also make updated terms available at https://fanciti.com/terms. You are responsible for regularly reviewing these terms, as your continued use of the Platform constitutes your acceptance of the revised terms. In certain cases, new terms may be presented on-screen, and you may be required to review and explicitly accept them to continue using the Platform and/or Services.

If you do not agree to any revised terms, you may choose to terminate your account and cease using the Platform. Where permitted by law, you acknowledge that your continued use of the Platform and/or Services after MoreThinks posts or provides notice of updated terms constitutes your agreement to be bound by the revised terms, including any updated Privacy Policy, and to the processing of your personal data in accordance with such updates.

In the event of a conflict between this Agreement and any additional terms provided in connection with updates, the additional terms shall control. Nothing in this section obligates MoreThinks to deliver new features, functionality, or future offerings.

Consent to Use of Data

You agree that MoreThinks may collect and use technical data and related information, including but not limited to technical information about your device, system and application software, and peripherals, that is gathered periodically to facilitate the provision of software updates, product support, and other services to you (if any) related to the Platform. MoreThinks may use this information, as long as it is in a form that does not personally identify you, to improve its products or to provide services or technologies to you.

By using the Platform, you hereby grant MoreThinks a non-exclusive, perpetual, worldwide, royalty-free license to use, host, store, transmit, reproduce, distribute, sublicense, modify, create derivative works, communicate, publish, publicly perform, publicly display, archive, and otherwise utilize your data, in whole or in part, in any manner, medium, or form, whether currently known or later developed, as MoreThinks, in our sole discretion, deems necessary. This license includes, without limitation, use for the purposes of operating, promoting, enhancing, and improving the Platform and/or Services.

Additionally, you grant MoreThinks all rights necessary to enable the use of your data in connection with any third-party site, application, or service that requires syndication, integration, or other utilization of your data as part of your use of the Platform and/or Services.

By clicking “I Agree” or installing or using the Platform, you acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. If you do not agree to this Agreement, do not register, visit, access, download or use our Platform.