Merchant Duties.

By using our Services, Merchants agree that you will not use our Services in any unlawful manner or in any manner that could damage, disable, overburden, or impair TorchFi. TorchFi may investigate and take any available legal action in response to illegal or unauthorized use of the Services. In addition, by using our Services, you agree NOT to:

1. • Impersonate any person or entity, create a false identity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity;
   • Harm any person or entity in any way through use of the Services;
   • Intimidate, stalk or harass another;
   • Use or attempt to use another’s account, service or system without authorization from TorchFi;
   • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Services;
   • Attempt to circumvent or disrupt TorchFi’s provision of its Services or its operation in any way, including but not limited to any attempt or action taken to reverse-engineer, decompile, disassemble, or otherwise attempt to obtain TorchFi’s source code, object code, or underlying structure, ideas, know-how, or algorithms relevant to the Services or any software, documentation, or data related to the Services;
   • Attempt to or take any action to modify, translate, or create derivative works based on the Services (except to the extent expressly permitted by TorchFi or authorized within the Services);
   • Attempt to or take any action to circumvent TorchFi’s security measures, including but not limited to providing your login information to any third party;
   • Attempt to or take any action to (a) rent, lease, assign, sublicense, export, distribute, sell, lend, commercialize, or transfer any benefit of or purported right to access the Services, in whole or in part to any third party; (b) use or copy any information or materials of any kind, or assist  in or further the provision of any data processing to any third party without the express written authorization of Torchfi; (c) access or attempt to access any module, functionality, or portion of the Services to which a right of access is not specifically granted to you by TorchFi; (d) except as explicitly permitted by TorchFi, alter or modify in any way the functioning of the Services; or (e) purport to grant any right, title, or interest in any portion of the Services to any third party.
   • Post (share, upload, publish, link to, transmit, record, display, email, or otherwise make available on the Services or through use of the Services) any Content (text, product description, chat, videos including streaming videos, photographs, or any other data of any kind whatsoever, whether publicly posted or privately transmitted) that TorchFi deems to be harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
   • Post any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, other than solicitation within Merchant’s normal course of business;
   • Post any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • Post any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships, such as inside information or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements; or
   • Use the Services or any content discovered through use of the Services (including but not limited to Content of other Merchants, designs, text, graphics, images, video, information, logos, software, audio files, and computer code) for any reason outside of TorchFi’s stated purposes, including for any third party, or otherwise use the Services in a way that fails to comply with TorchFi’s standard published Terms of Service, Privacy Policy, and other policies then in effect and all applicable laws and regulations.

Use of Our Services.

You may use our Services at your sole risk. We provide our Services on an “as is,” “as available,” and “with all faults” basis. By using our Services, you acknowledge and agree that other Consumers and Merchants are not employed by TorchFi, its employees, officers, directors, or affiliates. By using our Services, you agree to pay all costs associated your use, if any. You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including, without limitation, modems, hardware, servers, software, operating systems, networking, web servers and the like (collectively, “Equipment”), and you shall be responsible for maintaining the security of the Equipment, your account, passwords (including but not limited to administrative and user passwords) and files, and for all uses of your account or the Equipment.

Automatic Payment Authorization

By using our service and providing your payment information, you authorize us to charge your saved payment method on a recurring basis for the subscription fees or other charges associated with your use of our services. This authorization includes any applicable taxes, fees, or surcharges.

• Recurring Billing: a. Upon subscribing to our services, you agree to be billed automatically at the intervals specified during the subscription process. b. The billing period and amount will be clearly communicated to you prior to the commencement of each billing cycle. c. You acknowledge and agree that the subscription fees may be subject to change, and we will provide you with reasonable notice of any such changes.
• Payment Method: a. You are responsible for maintaining accurate and up-to-date payment information within your account settings. b. By providing your payment details, you represent and warrant that you are authorized to use the designated payment method and that all information provided is accurate. c. In the event of changes to your payment method, it is your responsibility to update the information promptly within your account settings.
• Payment Processing: a. We will process your payment using the payment method provided, unless you notify us of a different payment method before the scheduled billing date. b. We may utilize third-party payment processors to facilitate the payment process on our behalf. By providing your payment information, you agree to be bound by the terms and conditions of these third-party processors.
• Billing Disputes: a. If you believe there is an error or discrepancy regarding any charges, you must notify us within 10 days of the billing date to request an investigation. b. Failure to notify us within the specified timeframe will constitute your acceptance of the charges, and you will not be entitled to dispute them in the future.

Your Content

You are solely responsible for the Content that you Post. You may not Post as part of the Services, or Post to TorchFi or any other user, any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information you submit upon creation of your account is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false; and (ii) you have the right to Post the Content on the Services and grant the licenses set forth below. You understand and agree that TorchFi may, but is not obligated to, monitor or review any Content you Post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm our reputation.

Copyright Protection and Data Retention

By posting Content as part of the Services, you automatically grant to TorchFi, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by TorchFi will not infringe or violate the rights of any third party.

No Warranty.

TorchFi makes no warranties or guarantees, either express or implied, regarding your ultimate experience with the Services, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose; as to the usefulness, quality, suitability, truth, accuracy, or completeness of the information provided through the Services; that the Services will be uninterrupted, timely, secure, or error-free or that the results that may be obtained from your use of the Services will be accurate or reliable; about the quality of any Services, Content, or information obtained through TorchFi’s Services; that the Services will meet your expectations or requirements; or that any errors in TorchFi’s Services will be corrected.

Assumption of Risk.

You assume all risk for any damage to your computer system or loss of data that results from obtaining any Content from TorchFi’s Services, including any damages resulting from computer viruses.

Limitation of Liability.

To the fullest extent permitted by law, TorchFi, its affiliates, and its partners are not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including, without limitation, loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the Services, even if we have been previously advised of, or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: the use of or the inability to use our Services; the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from our Services; statements or conduct of any other party related to our Services, including, without limitation, unauthorized access to or alteration of transmission or data, malicious or criminal behavior, false or fraudulent transactions, or conduct of any other Consumer or Merchant; or Content or information you may download, use, modify, or distribute. Wherever the law prohibits TorchFi’s absolute exemption from liability, TorchFi’s total aggregate liability, under or in relation to any warranty or condition implied by law, shall be limited to the aggregate sum total of fees paid to TorchFi by you in connection with your access to the Services, less any costs directly associated with your fees (such as processing costs).

Indemnity.

You agree to indemnify and hold TorchFi and its subsidiaries, affiliates, shareholders, officers, directors, agents, licensors, suppliers, other partners, employees, and representatives harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of or connection to the Services (including any use by you on behalf of another party), your violation of the Terms, or your violation of any rights of another.

Arbitration and Governing Law.

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Services shall be BINDING ARBITRATION administered by the American Arbitration Association. You may not under any circumstances commence or maintain against TorchFi any class action, class arbitration, or other representative action or proceeding. By using the Services in any manner, you agree to arbitration, GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and TorchFi (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. Any proceeding to enforce this arbitration clause, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration clause is for any reason held to be unenforceable, any litigation against TorchFi may be commenced only in the federal or state courts located in Hillsborough County, Florida. User hereby irrevocably consents to the jurisdiction of those courts for such purposes. This Agreement, and any dispute between you and TorchFi, shall be governed by the laws of the state of Florida without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Term and Termination.

This Agreement, as modified from time to time, will remain in full force and effect as long as you access our Services or maintain an account with TorchFi. You may terminate your account at any time, and TorchFi has the right to terminate or suspend your account at any time without notice if we believe that you have breached this Agreement, or for any other reason at our sole and absolute discretion. If we are forced to terminate or suspend your account, you will not be entitled to any refunds. TorchFi may decline to disclose the reason for the termination or suspension.

Amendment.

This Agreement is subject to change by TorchFi at any time for any reason, and such modifications will be effective upon posting to any web application, website, or mobile application controlled by TorchFi and accessed by you. Your continued use of the Services after any such changes constitutes your acceptance of any modifications. If you do not agree to abide by these or any future Terms of Use, you must not use or access the Services. It is your responsibility to regularly review this Agreement.

Notice

You consent to have this Agreement and all notices provided to you in electronic form. TorchFi may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Services. Such notices may not be received if you violate this Agreement by accessing the Services in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Services in an authorized manner. You are advised to print a copy of this Agreement for your records. To receive a non-electronic copy of this Agreement, please contact TorchFi at support@torchfi.com.

Customer Service.

TorchFi provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives, you agree not to be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to otherwise behave inappropriately. If TorchFi feels that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

Contact Us.

If you have any questions about TorchFi’s Privacy Policy, Terms of Use, or the practices of TorchFi, please contact TorchFi at support@torchfi.com.

Entire Agreement; Miscellaneous.

This Agreement contains the entire agreement between you and TorchFi regarding the use of the Services. If any provision of this Agreement is held invalid, the remainder shall continue in full force and effect. The failure of TorchFi to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or Content related to your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind TorchFi in any manner.