TERMS OF SERVICE

By creating an account and using the Platform you agree to these Terms of Service (“Terms”). These Terms constitute a binding legal agreement between you and the Platform. If you do not agree to these Terms, do not use the Platform.

These Terms apply to all visitors, users, and others who access or use the Platform. Your continued use of the Platform after any changes to these Terms constitutes your acceptance of those changes.

You must be at least 18 years of age to create an account and use the Platform. By creating an account, you represent and warrant that you are 18 years of age or older.

You must provide accurate, current, and complete information during registration and keep your account information up to date. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Your username is permanent once set. Choose carefully — the Platform does not permit username changes after account creation. You may not use another person's name or a name that is misleading, offensive, or violates any third-party rights.

Each person may hold only one account on the Platform. Creating multiple accounts to circumvent bans, gain advantages, or for any other reason is prohibited and may result in termination of all associated accounts.

You retain ownership of the content you post on the Platform. By posting content, you grant the Platform a non-exclusive, royalty-free, worldwide license to display, distribute, reproduce, and otherwise use your content in connection with operating and promoting the Platform.

The Platform maintains a zero-tolerance policy for objectionable content and abusive behaviour. Content must not be illegal, harassing, threatening, abusive, defamatory, obscene, spam, or deceptive. You may not post content that infringes third-party intellectual property rights, invades privacy, or promotes discrimination or violence. This includes all user-generated content: posts, comments, direct messages, and group chat messages.

The Platform employs automated content filtering systems to detect and prevent objectionable content. Users may report objectionable content or abusive users through the reporting mechanisms available throughout the Platform, including on posts, in direct messages, and in group chats. Users may also block abusive users to prevent further contact.

The Platform commits to reviewing all user reports of objectionable content within 24 hours. Where content is found to violate these Terms, it will be removed and the user responsible will be subject to account suspension or permanent termination. The Platform may also remove content at its sole discretion, with or without notice, for any reason including violation of these Terms or the Platform's community standards. Removal of content does not entitle you to any compensation or refund of Kredits earned in connection with that content.

All posts on the Platform enter a 24-hour evaluation pool upon publication. During this period, the Platform's automated systems assess whether the content has received sufficient engagement from the community.

Posts with insufficient engagement — defined as zero views and zero comments at the time of evaluation — are automatically removed from the Platform. This is an automated process, not a manual moderation decision. Posts that survive the evaluation period continue as active content indefinitely unless removed for other reasons.

In addition to automated evaluation, other users may cast pitchfork votes against posts they consider low quality or in violation of community standards. When a post exceeds the pitchfork threshold relative to its view count, it may be removed before the 24-hour evaluation period ends. You acknowledge that this community moderation mechanism is a core feature of the Platform.

The Platform makes no guarantee that any content will survive the evaluation period or remain accessible after publication. You should retain copies of any content you consider important.

Marks are non-monetary appreciation signals that users may give to posts and comments. Marks are not transferable, have no monetary value, and cannot be redeemed directly. They serve as engagement indicators within the Platform's community evaluation system.

You may give one Mark per post or comment. Marks are public — all users can see how many Marks a post or comment has received. Marks cannot be undone once given; the decision to Mark is final and irreversible.

Attempting to inflate Mark counts through coordinated action, automation, or other artificial means is prohibited and may result in account termination.

The Platform operates a discretionary rewards program called Kredits. The Platform reserves the right to modify, suspend, or discontinue the Kredits program at any time and for any reason, with or without notice.

Participation in the Kredits program does not create a contractual obligation on the part of the Platform to make any payment. There is no contractual obligation on the Platform to redeem, honour, or assign any value to Kredits. Kredits do not represent a debt owed by the Platform.

Kredits are not currency, cryptocurrency, or property. They have no inherent value outside of the Platform's discretionary redemption program. Kredit values fluctuate based on the total Kredits issued and the current pool balance.

Kredits are earned through two mechanisms: receiving Marks on your posts from other users, and a post survival bonus when your post passes the 24-hour evaluation period. Kredits are accumulated in your account and may be redeemed subject to the conditions described below.

Redemptions of Kredits for monetary value are subject to minimum thresholds, rate limits, and Stripe payout terms and conditions. You are solely responsible for reporting any income received from Kredit redemptions to the appropriate tax authorities in your jurisdiction. The Platform does not provide tax advice and accepts no liability for your tax obligations.

The following conduct is strictly prohibited on the Platform:

• — Posting or distributing spam, unsolicited commercial messages, or repetitive content
• — Artificially farming Marks through coordination, automation, or reciprocal arrangements
• — Impersonating any person, entity, or organisation, including Platform staff
• — Circumventing or attempting to circumvent the Platform's content moderation systems
• — Accessing the Platform through automated means without prior written permission
• — Harvesting or scraping user data for any purpose not expressly permitted by these Terms
• — Using the Platform to facilitate illegal activity of any kind
• — Creating multiple accounts or assisting others in circumventing account bans

Violation of these prohibitions may result in immediate account termination and forfeiture of any accumulated Kredits.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTIES ABOUT THE AVAILABILITY, ACCURACY, RELIABILITY, OR SUITABILITY OF THE PLATFORM FOR ANY PURPOSE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ITS OPERATORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

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

These Terms are governed by and construed in accordance with the laws of the State of North Carolina and applicable United States federal law, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or your use of the Platform shall be subject to the exclusive jurisdiction of the state and federal courts located in North Carolina, and you consent to personal jurisdiction in those courts.

Before initiating any formal dispute, you agree to first contact us to attempt informal resolution. If informal resolution fails, disputes shall be resolved by binding arbitration under the rules of the American Arbitration Association, except that either party may seek injunctive or other equitable relief in a court of competent jurisdiction where necessary to protect intellectual property rights or prevent irreparable harm.

You waive any right to participate in a class action lawsuit or class-wide arbitration against the Platform.

If you are accessing the Platform from outside the United States, you do so on your own initiative and are responsible for compliance with your local laws to the extent applicable. Users located in the European Economic Area or United Kingdom may have additional rights under applicable local law, including data protection rights under the GDPR or UK GDPR, which are addressed in our Privacy Policy.

North Carolina residents: nothing in these Terms limits any rights you may have under North Carolina consumer protection law. California residents: notwithstanding the governing law clause above, California residents may have additional rights under the California Consumer Privacy Act (CCPA) and other California law.

We may update these Terms from time to time. When we make material changes, we will update the “Last updated” date at the top of this page. Your continued use of the Platform after any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically to stay informed of any updates.

For questions, concerns, or feedback about these Terms of Service, please contact us at support@earnmarks.com or through the in-app support page. Reports of objectionable content or abusive users are reviewed within 24 hours. We aim to respond to all other enquiries within a reasonable timeframe.