FLOCKTOGETHER.XYZ – TERMS OF SERVICE

These Terms of Service ("Terms") govern your access to and use of the Flock platform, including our website at https://flocktogether.xyz and any related tools, applications, or services (collectively, the "Platform").

The Platform is operated by Flock Together Global LLC, a Wyoming limited liability company ("Flock," "we," "our," or "us").

By accessing or using the Platform, creating an account, or clicking "Agree" (or similar), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. WHO WE ARE

Flock is a creator-first content and monetization platform that enables creators to upload and distribute videos, blogs, and other content, build an audience, and earn revenue through advertising and other monetization tools. Following the completion of our Beta phase, eligible creators may earn from their first day on the Platform, subject to our Monetization and KYC/AML policies.

2. ELIGIBILITY

2.1 Minimum Age

You must be at least 13 years old to create an account or use the Platform.

If you are under the age of majority in your jurisdiction, you may only use the Platform under the supervision of a parent or legal guardian who agrees to be bound by these Terms on your behalf.

2.2 Monetization & Payout Eligibility

To participate in any monetization features (including earning revenue from ads, payouts, sponsorship features, or other paid tools), you must:

• Be at least 18 years old, or
• Have documented consent and ongoing supervision from a parent/legal guardian who manages any payout method on your behalf.

We may require identity verification, tax information, and payout method verification before enabling monetization or processing withdrawals.

2.3 Legal Capacity

By using the Platform, you represent and warrant that:

• You have the legal capacity to enter into these Terms;
• You are not barred from using the Platform under any applicable law or by any prior Flock suspension/ban.

3. YOUR ACCOUNT

3.1 Registration

To use certain features, you must create an account. When you register, you agree to:

• Provide accurate, current, and complete information (including date of birth, email, and display name);
• Maintain and promptly update your information;
• Keep your login credentials confidential.

We may offer email/password signup and social logins (e.g., Google, Facebook, etc.). You authorize us to access certain information from those third-party accounts in accordance with our Privacy Policy.

3.2 Security

You are responsible for all activity under your account. You agree to:

• Immediately notify us if you suspect any unauthorized access or security breach;
• Not share your password or allow others to use your account;
• Use secure passwords and, where available, enable additional security features (e.g., 2FA, when rolled out).

We are not liable for any loss or damage arising from unauthorized access to your account where we have implemented reasonable security measures.

3.3 Account Suspension & Termination

We may, at our discretion and without prior notice, suspend or terminate your account or restrict access to any part of the Platform if:

• We believe you have violated these Terms, our Community Guidelines, or any applicable law;
• We need to do so to protect the Platform, other users, or third parties;
• We are required to do so by law, regulation, or a court order.

You may close your account at any time via your settings or by contacting support.

4. THE PLATFORM & LICENSE TO YOU

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for personal, non-commercial use or, if you are a creator, for your professional creator activities on Flock.

You agree not to:

• Reverse engineer, decompile, or attempt to extract the source code of any part of the Platform;
• Bypass or circumvent any security or access controls;
• Use any automated system (bots, scrapers, etc.) to access the Platform except as expressly allowed by us.

We may modify, suspend, or discontinue any portion of the Platform at any time, with or without notice.

5. YOUR CONTENT

5.1 Definitions

"Content" means any video, audio, text, image, blog post, metadata, tags, comments, or other material that you upload, publish, or otherwise make available through the Platform.

5.2 Ownership

You retain all ownership rights in and to your Content, subject to the licenses you grant to us in these Terms.

You represent and warrant that:

• You own or have obtained all necessary rights to your Content;
• Your Content does not infringe any third-party rights, including copyright, trademark, privacy, or publicity rights;
• Your Content complies with these Terms, our Community Guidelines, and all applicable laws.

5.3 License to Flock

By using the Platform and uploading Content, you grant Flock a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to:

• Host, store, reproduce, adapt, modify, format, distribute, publicly display, publicly perform, and otherwise make your Content available in connection with operating, improving, marketing, and promoting the Platform;
• Create derivative works (e.g., thumbnails, previews, promotional cuts) solely for Platform-related use.

This license continues for as long as your Content is available on the Platform, and for a commercially reasonable period thereafter for backup, audit, dispute resolution, legal compliance, and archival purposes.

5.4 License to Other Users

You also grant other users a limited license to access and view your Content through the Platform, and to share it using Platform-provided sharing features, subject to these Terms and our policies.

5.5 Removal of Content

You may delete your Content at any time (subject to reasonable technical and operational limits). However:

• Cached or backed-up copies may continue to exist for a limited time;
• If your Content has been used in Platform promotional materials, it may continue to appear until such materials are updated.

We may remove or restrict access to any Content if we reasonably believe it violates these Terms, Community Guidelines, law, or third-party rights.

6. PROHIBITED CONDUCT & CONTENT

You agree that you will not use the Platform to:

• Violate any law, regulation, or third-party rights;
• Post or share Content that is:
  • Illegal, defamatory, libelous, hateful, discriminatory, or harassing;
  • Sexually explicit, exploitative of minors, or otherwise harmful to children;
  • Inciting violence, terrorism, or self-harm;
  • Fraudulent, misleading, or deceptive (including scams and impersonation);
  • Infringing intellectual property rights (copyright, trademark, etc.);
• Engage in:
  • Spamming, bots, fake likes/views, or engagement manipulation;
  • Unauthorized scraping of user data or Content;
  • Attempted security breaches, hacking, or denial-of-service;
  • Any activity that disrupts or overloads the Platform.

We will publish more detailed Community Guidelines and an Acceptable Use Policy, which are incorporated by reference into these Terms. Violation of those documents is deemed a violation of these Terms.

7. DMCA / COPYRIGHT & IP COMPLAINTS

We respect intellectual property rights and expect our users to do the same.

If you believe Content on the Platform infringes your copyright, you may submit a takedown notice under the Digital Millennium Copyright Act (DMCA) to our designated agent:

Your notice must include:

• Your contact information;
• Identification of the copyrighted work claimed to be infringed;
• Identification of the infringing material and its location on the Platform;
• A statement that you have a good-faith belief that use is not authorized;
• A statement, under penalty of perjury, that the information is accurate and that you are the owner or authorized agent;
• Your physical or electronic signature.

We may remove or disable access to the allegedly infringing Content and, where appropriate, terminate repeat infringers' accounts. We will also provide a counter-notification process in line with applicable law.

8. MONETIZATION, PAYMENTS & WITHDRAWALS

Certain creators may be eligible to earn revenue through advertisements, sponsorships, bonuses, or other monetization tools we may offer ("Monetization Features").

8.1 No Guarantee of Earnings

Flock does not guarantee that:

• You will be approved for Monetization Features;
• You will earn any minimum amount;
• Any particular ad or campaign will run on your Content.

Earnings depend on multiple factors including audience size, engagement, advertiser demand, geography, and Platform policies.

8.2 Revenue Calculation & Reporting

We may report estimated earnings in your creator dashboard. These numbers are estimates only and may be adjusted after reconciliation with our advertising partners and payment providers.

We will publish a separate Earnings & Monetization Policy, which will describe:

• Eligible content and traffic;
• Revenue models (e.g., ad revenue share, RPM/CPM logic);
• Grounds for withholding or adjusting earnings (e.g., invalid traffic, policy violations).

That policy, as updated, is incorporated by reference into these Terms.

8.3 Payout Methods

We may use third-party providers such as Stripe, PayPal, Payoneer, and others to process:

• Creator earnings;
• Withdrawals;
• Refunds (where applicable).

By enabling a payout method, you agree to be bound by the terms of those third-party providers, and you authorize Flock to share necessary information with them.

8.4 Thresholds & Timing

We may:

• Set minimum payout thresholds;
• Use monthly or other periodic payout cycles;
• Delay payouts to verify transactions, combat fraud, or comply with legal/financial obligations.

8.5 Suspensions, Chargebacks & Withholding

We may withhold, delay, or adjust payouts if:

• We suspect fraud, invalid traffic, or policy violations;
• We receive chargebacks, disputes, or legal claims related to your activity;
• You breach these Terms or other Platform policies.

If your account is terminated for cause, you may forfeit some or all accrued but unpaid earnings, subject to applicable law and our Monetization Policy.

9. THIRD-PARTY SERVICES & LINKS

The Platform may include:

• Links to third-party websites or services;
• Integrations with third-party tools (e.g., logins, analytics, ad networks, payout providers).

We do not control or endorse third-party services and are not responsible for their content, policies, or practices. You use them at your own risk and must comply with their terms and privacy policies.

10. PRIVACY

Your use of the Platform is also governed by our Privacy Policy, which explains:

• What data we collect;
• How we use, share, store, and protect that data;
• Your rights and choices (including consent, cookies, and data requests).

The Privacy Policy is incorporated by reference into these Terms.

11. DATA, SECURITY & COMPLIANCE

We implement commercially reasonable administrative, technical, and physical safeguards to protect your data and the Platform's integrity.

However, no system is completely secure. By using the Platform, you acknowledge that:

• You transmit data at your own risk;
• We cannot guarantee 100% security;
• You are responsible for maintaining backups of your own Content where appropriate.

We may be subject to US, EU, Caribbean, and other data protection laws, and will make good-faith efforts to comply with applicable obligations, including but not limited to GDPR-style and local privacy frameworks, where they apply.

12. BETA FEATURES & EXPERIMENTS

From time to time, we may experiment with new features, interfaces, or monetization tools ("Beta Features"). These may be:

• Available to a limited subset of users;
• Unstable or incomplete;
• Subject to change or removal at any time.

You use Beta Features at your own risk and "as is," with no guarantees of continued availability.

13. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by law, the Platform and all content, features, and services are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory, including but not limited to:

• IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT;
• ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE;
• ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF HARMFUL COMPONENTS;
• ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY CONTENT OR DATA.

Your use of the Platform is at your sole risk.

14. LIMITATION OF LIABILITY

To the maximum extent permitted by law, in no event will Flock, its owners, directors, officers, employees, contractors, or agents be liable for:

• any indirect, incidental, consequential, special, punitive, or exemplary damages;
• any loss of profits, revenue, goodwill, or data;
• any business interruption or other commercial damages or losses,

arising out of or in connection with your use of (or inability to use) the Platform, even if we have been advised of the possibility of such damages.

In no event will our total aggregate liability arising out of or in connection with these Terms or your use of the Platform exceed the greater of:

• the amount you have paid to Flock (if any) in the six (6) months prior to the event giving rise to the claim; or
• one hundred U.S. dollars (USD $100).

Some jurisdictions do not allow certain exclusions or limitations of liability, so some of the above may not apply to you.

15. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Flock and its affiliates, officers, directors, employees, contractors, and agents from and against any claims, demands, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform;
• Your Content;
• Your breach of these Terms or any other applicable policy;
• Your violation of any law or third-party right.

We reserve the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

16. GOVERNING LAW & DISPUTE RESOLUTION

16.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Wyoming, USA, without regard to its conflict of laws principles, and applicable federal law.

16.2 Informal Resolution

Before filing any formal claim, you agree to first contact us at admin@flocktogether.xyz and attempt to resolve the dispute informally.

16.3 Arbitration

Except where prohibited by law, any dispute arising out of or relating to these Terms or the Platform that cannot be resolved informally will be resolved by binding arbitration administered by a recognized arbitration body (e.g., AAA or JAMS) in English, with a single arbitrator, in a venue reasonably selected by Flock.

You and Flock agree that:

• Arbitration will be on an individual basis only;
• Class actions and class arbitrations are not permitted.

If this class action waiver is found unenforceable, the entire arbitration clause will be void, and disputes will instead be heard in the state or federal courts located in Wyoming, USA.

17. CHANGES TO THESE TERMS

We may update these Terms from time to time. When we do:

• We will change the "Last Updated" date at the top;
• Where required by law or where changes are material, we will provide additional notice (e.g., banner, email, or in-app notice).

If you continue to use the Platform after updated Terms become effective, you agree to be bound by the updated Terms.

18. OTHER IMPORTANT TERMS

Entire Agreement: These Terms, together with our Privacy Policy and any other referenced policies, constitute the entire agreement between you and Flock.

Severability: If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver: Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

Assignment: You may not assign these Terms or any rights or obligations under them without our prior written consent. We may assign these Terms as part of a merger, acquisition, asset sale, or by operation of law.

19. CONTACT US

If you have questions about these Terms, you may contact us at: