Terms and Conditions

Welcome to Llama!

These Terms of Service ("Terms") govern your access to and use of our social platform and services (collectively, "Services"), including our mobile application, website, and any other services provided by Llama.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use our Services.

Llama is a platform designed to facilitate meaningful connections and interactions among users. Users can create profiles, browse other profiles, communicate, and participate in various activities offered through our platform. Additionally, Llama allows users to send invitations for events, which include special offers created through our merchant partnerships.

By creating an account or using the Llama app, you agree to these Terms, our Privacy Policy, Cookie Policy, Community Guidelines, and any additional terms disclosed to you if you purchase or access additional features or services we offer ("Additional Terms Upon Purchase"), which are incorporated into this Agreement by reference. If you do not wish to be bound by this Agreement, do not access or use our Services.

Eligibility

To create an account and use Llama, you must be at least 18 years old. By creating an account, you represent and warrant that you meet this age requirement. If you are under 18 years old, you are not permitted to use our Services.

You must have the legal capacity to enter into a binding contract. By creating an account, you represent and warrant that you have the legal capacity to agree to these Terms and Conditions.

You agree to comply with all applicable laws and regulations when using Llama. This includes, but is not limited to, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements.

Account Creation and Management

You must provide accurate, current, and complete information during the registration process and update such information to keep it accurate, current, and complete. This includes, but is not limited to, your name, age, and location.

Llama reserves the right to request verification of your identity and age. This may include providing a valid form of identification. Failure to provide such verification may result in the suspension or termination of your account.

Llama reserves the right to suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violations of these Terms or our Community Guidelines. If your account is terminated, you may not create a new account without our prior written consent.

If your account is suspended or terminated, you may request reinstatement by contacting our customer support team. Llama reserves the right to grant or deny reinstatement at its sole discretion.

You may have the option to create an account using your social media login information (e.g., Facebook, Instagram). By doing so, you authorize Llama to access, use, and store certain information from your social media account, such as your profile picture, friends list, and other information as permitted by the social media platform's terms and your privacy settings.

You have the right to pause or delete your account at any time. To pause or delete your account, go to the "Settings" section of the App, select the appropriate option, and follow the instructions provided. Pausing your account will temporarily disable your profile and activity, while deleting your account will permanently remove your profile and all associated data from our Services.

Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Creating fake or misleading profiles
• Harassing, threatening, or abusing other users
• Posting inappropriate, offensive, or illegal content
• Violating intellectual property rights
• Attempting to gain unauthorized access to our systems
• Using the platform for commercial purposes without authorization
• Spamming or sending unsolicited messages
• Impersonating another person or entity
• Engaging in fraudulent activities
• Violating any applicable laws or regulations

App and Services

The App allows you to create a personal profile to connect with other users for social purposes. You can create profiles, browse other profiles, communicate, and participate in various activities offered through our platform. Additionally, you can send invitations for events, which may include special offers created through our merchant partnerships. You agree to use the App and Services only for their intended purposes and in compliance with all applicable laws and regulations.

We reserve the right to investigate and terminate your account if you have misused the App or Services or behaved in a way that we regard as inappropriate, unlawful, or in violation of these Terms.

There are three types of content you will be able to access on the App:

• Content that you upload and provide ("Your Content")
• Content that other users upload and provide ("Member Content")
• Content that Llama provides ("Our Content")

Content Policy

Llama does not tolerate inappropriate content or behavior on our Services.

We are committed to maintaining a positive and respectful community, and we do not tolerate any inappropriate content or misconduct, whether on or off the Services (including, but not limited to, on services operated by our affiliates). We encourage you to report any inappropriate Member Content or misconduct by other users. You can report a user directly through the "Report User" link on a user's profile or in the messaging experience. You may also contact Customer Support.

As set forth in our Privacy Policy, we may share data between our affiliates for the safety and security of our users and may take necessary actions if we believe you have violated these Terms, including banning you from our Services and/or our affiliates' services, and/or preventing you from creating new accounts. You understand and agree that we may not share information with you regarding your account if doing so would potentially impair the safety or privacy of our other users.

Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see our Digital Millennium Copyright Act Section below.

Privacy

Privacy is important to us. We have a separate policy about it that you should read.

For information about how Llama and its affiliates collect, use, and share your personal data, please read our Privacy Policy. By using our Services, you agree that we may use your personal data in accordance with our Privacy Policy.

Rights and Licenses

Llama grants you the right to use and enjoy our Services, subject to these Terms.

For as long as you comply with these Terms, Llama grants you a personal, worldwide, royalty-free, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services for purposes as intended by Llama and permitted by these Terms and applicable laws. This license and any authorization to access the Service are automatically revoked in the event that you fail to comply with these Terms.

You own all of the content you provide to Llama, but you also grant us the right to use Your Content as provided in this Agreement.

By creating an account, you grant to Llama a worldwide, perpetual, transferable, sublicensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, advertise, distribute, and otherwise make available to the general public Your Content, including any information you authorize us to access from Facebook or other third-party sources (if applicable), in whole or in part, and in any way and in any format or medium currently known or developed in the future.

Payments and Purchases

Llama offers a prepaid invitation feature that allows users to send invitations for events or activities by purchasing offers created by our merchant partners. By using this feature, you agree to the following terms and conditions:

Llama may offer some services as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription ("Premium Services"). If you purchase a subscription, you acknowledge and agree that your subscription will automatically renew at the end of the initial subscription period for the same duration as the initial term at Llama's then-current fee for such services, unless you cancel your subscription in accordance with the cancellation procedures disclosed to you at the time of purchase.

You can cancel your subscription at any time by accessing your account settings in the App. If you cancel, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

If a dispute arises regarding a payment or service, users are encouraged to contact Llama's customer support for resolution. Llama will make reasonable efforts to resolve disputes amicably and in a timely manner.

Account Termination

You can delete your account at any time by logging into the App, going to "Settings," selecting "Delete Account," and following the instructions. Remember to cancel/manage any purchases through your External Service Account (e.g., Apple App Store, Google Play) to avoid further billing.

Llama may investigate and suspend or terminate your account without a refund if we believe you have violated our Terms, misused our Services, or behaved inappropriately or unlawfully. We may use any means available to enforce the Terms without prior notice.

If your account is terminated by you or by Llama, these Terms remain in effect, and no refunds will be issued for purchases. Your information will be handled according to our Privacy Policy.

Digital Millennium Copyright Act

We take copyright infringement very seriously and ask for your help in addressing it promptly and effectively.

Llama has adopted the following policy in accordance with the Digital Millennium Copyright Act ("DMCA"). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement ("DMCA Takedown Notice") including the following:

• A physical or electronic signature of the copyright owner or authorized representative
• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing
• Your contact information
• A statement that you have a good faith belief that use of the material is not authorized
• A statement that the information is accurate and you are authorized to act on behalf of the owner

Any DMCA Takedown Notices should be sent to support@llama.market.

Llama will terminate the accounts of repeat infringers.

Third Party Services

The App may contain advertisements and promotions offered by third parties and links to other websites or resources. We are not responsible for the availability, accuracy, or content of those third-party services, advertisements, or websites. We provide these links only as a convenience, and linking to third-party services does not imply endorsement by us of those services. You access and use such third-party services at your own risk.

Intellectual Property

The App, Services, and all content, features, and functionality (including but not limited to information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by Llama, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You agree not to reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or sell any App or Services materials except as expressly permitted herein.

Our name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks or registered trademarks. You may not use such marks without our prior written permission.

Disclaimers

THE APP AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE APP OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE APP OR SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING USE OR THE RESULTS OF USE OF THE MATERIALS IN THIS APP OR SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL LLAMA OR OUR AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING TO YOUR ACCESS OR INABILITY TO ACCESS THE APP OR SERVICES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP OR SERVICES IS LIMITED TO THE AMOUNT YOU PAID US TO MAKE PURCHASES VIA THE APP OR SERVICES IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

Indemnification

You agree to indemnify, defend, and hold harmless Llama, our affiliates, and our respective officers, directors, agents, employees, licensors, representatives, and third-party providers from and against all claims, losses, liabilities, damages, costs, and expenses, including legal fees, that arise from or relate to (a) your use or misuse of the App or Services; (b) your User Content; (c) your violation of this Agreement; or (d) your violation of any rights of any third party.

Dispute Resolution and Arbitration

Please read this section carefully as it affects your rights.

Most user concerns can be resolved quickly and to the user's satisfaction by emailing our support team at support@llama.market. In the unlikely event that our support team is unable to resolve your concerns, we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Any dispute or claim arising out of or relating to this Agreement or your use of the App or Services will be resolved by final and binding arbitration before a neutral arbitrator instead of in a court by a judge or jury, with the following exceptions:

• You may assert claims in small claims court if your claims qualify
• Either party may bring claims involving patents, copyrights, moral rights, trademarks, and trade secrets in state or federal court

Governing Law

This Agreement and your access to and use of the App and Services will be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles that would cause the application of the laws of any other jurisdiction.

Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of San Francisco County, California.

General Provisions

If any term or provision of this Agreement is found to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement.

This Agreement, including the Privacy Policy, Community Guidelines, and any other policies governing your access to or use of the App or Services, constitute the entire agreement between you and Llama relating to the subject matter herein and will not be modified except in writing, signed by both parties, or by a change to this Agreement or policies made by Llama as set forth herein.

Contact Information

If you have any questions or concerns about these Terms or the App and Services, please contact us at support@llama.market.