WAFFO BUYER TERMS AND CONDITIONS ("Terms and Conditions")

Version 1: July 2026

Background

These Terms and Conditions create a legally binding agreement between you and Waffo and govern your use of the Platform and related services, including Purchasing a Product through the Platform.

Capitalized terms used in these Terms and Conditions are set out in the Definition & Interpretation Section in Schedule 1.

1. Electronic Acceptance and Effective Date

By clicking "I Accept," "Purchase," "Buy Now," or any similar button, or by completing the checkout process on the Platform, the Buyer electronically accepts and agrees to be bound by these Terms and Conditions. This electronic acceptance constitutes a legally binding agreement equivalent to a written signature under Applicable Law related to electronic signature.

These Terms and Conditions become effective immediately upon the Buyer's electronic acceptance and remains in effect until terminated in accordance with the provisions contained herein. No physical signature is required for These Terms and Conditions to be valid and enforceable.

Please read these Terms and Conditions carefully.

2. Acceptance and Modification of Terms

Acceptance

By placing an Order through the Platform, accepting these Terms and Conditions, or otherwise downloading, streaming, accessing or otherwise acquiring a Product through the Platform, the Buyer shall be bound by these Terms and Conditions and all applicable Publisher Agreement.

Acceptance of these Terms and Conditions is deemed to occur when the Buyer:

• clicks "I agree," "Accept," or similar confirmation during the checkout process;
• completes a Purchase through the Platform; or
• downloads, streams, accesses or otherwise acquires any Product through the Platform.

Modifications

Waffo may modify these Terms and Conditions at any time by posting the revised terms on the Platform and providing notice to Buyers through one or more of the following methods:

• email notification to the Buyer's registered email address;
• prominent notice on the Platform; or
• notification through the Buyer Portal.

Material changes to these Terms and Conditions will become effective thirty (30) days after notice is provided, except for changes required by law which may become effective immediately. Non-material changes, including updates to contact information, clarifications, or formatting changes, will become effective immediately upon posting.

Continued use of the Platform or completion of any Transaction after the effective date of modified Terms and Conditions constitutes acceptance of such modifications.

If the Buyer does not agree to any modifications, the Buyer must discontinue use of the Platform and may not place additional Orders, provided that previously purchased Product shall remain subject to the terms in effect at the time of Purchase.

3. Description of Services

Waffo serves as the merchant of record for all Transactions conducted through the Platform, by first acquiring ownership of or license to the Product from the relevant Publisher and subsequently resells such Product to Buyer upon Buyer completes an Order on the Platform pursuant to these Terms and Conditions.

4. Ordering and Purchase Process

Order Placement

To place an Order for Product, Buyer must select the desired Product through the Platform and proceed through the checkout process by providing all required information including payment details, contact information, billing details, and any other information reasonably required by Waffo and the Publisher.

Prior to completing any Purchase, Buyer must review and confirm the Order details including the Product description, Purchase Price, applicable Taxes, and Publisher Agreement. Orders are subject to acceptance by Waffo and the relevant Publisher in their respective sole discretion.

By submitting an Order through the Platform, Buyer authorizes Waffo to charge the specified payment method for the full Purchase Price. Payment authorization constitutes Buyer's agreement to these Terms and Conditions and the applicable Publisher Agreement.

Payment Processing

All payments are processed through Waffo's designated payment processors. Waffo and our payment processors reserve the right to verify payment information and may decline Orders if payment cannot be processed or verified.

Upon successful payment processing, Waffo will send, or will arrange for the sending to, Buyer an Order confirmation via email containing an embedded link to the Buyer Portal. You may view your Transaction details, receipt information, and instructions for accessing the purchased Product in the Order confirmation email or by accessing the Buyer Portal.

If payment processing fails for any reason, the Order will not be completed and no Product will be delivered. Buyer may attempt to resubmit the Order with corrected payment information.

5. Pricing and Payment Terms

Pricing & Charges

The price for Product are displayed on the Platform in United States Dollars (USD) unless otherwise specified. The price, together with applicable Taxes and other charges (if any), shall be added at checkout.

Waffo reserves the right to change prices at any time without prior notice, provided that any price changes will not affect Orders that have already been confirmed and paid for.

You are responsible for any Taxes, currency exchange fees, data charges and related charges on Purchases you make as a result of or in the course of using any of Waffo's services under these Terms and Conditions.

Payment Methods

You may use major credit cards, debit cards, and other payment methods as displayed on the Platform to pay for the Product.

All payments are processed by authorized payment processors engaged by Waffo in accordance with Applicable Law and payment card industry standards (if applicable).

Payment authorization and collection occurs at the time the Order is placed, and funds will be charged immediately upon Order confirmation.

The Buyer represents and warrants that they have the legal right to use any payment method provided and that all payment information submitted is accurate and complete.

Payment Disputes and Failed Transactions

If a payment is declined, rejected, or fails for any reason, the Order will not be processed and no Product will be delivered.

Buyer is responsible for ensuring sufficient funds or credit availability for all Purchases and for any fees charged by their financial institution.

In the event of payment disputes, Waffo and Publisher may suspend access to purchased Product until the dispute is resolved.

Billing and Transaction Records

Waffo will provide receipts and Transaction records for all Purchases in electronic format (including emails) or through the Buyer Portal, which shall serve as proof of Purchase.

Buyer is responsible for maintaining records of their Purchases.

6. Compliance with Publisher Agreement

Waffo acquires title or license to each Product subject to the terms and conditions of the Publisher Agreement in respect of each such Product. As such, the Buyer acknowledges and agrees that the Purchase of any Product from Waffo will also be subject to the terms and conditions of the underlying Publisher Agreement, which shall be incorporated by reference in these Terms and Conditions and be deemed to form an integral part of these Terms and Conditions.

We will make available the relevant Publisher Agreement available to the Buyer prior to or at the time of Purchase through the Platform.

The Buyer's rights to access, use, modify, distribute, or otherwise exploit any Product are limited to those expressly granted under the applicable Publisher Agreement, and any use beyond such granted rights constitutes a material breach of these Terms and Conditions.

In the event of any conflict between these Terms and Conditions and a Publisher Agreement regarding the use and maintenance of specific Product, the Publisher Agreement shall prevail with respect to such Product, provided that the payment and Transaction-related provisions of these Terms and Conditions shall remain in full force and effect.

The Buyer agrees to indemnify and hold harmless Waffo from any claims, damages, or losses arising from the Buyer's violation of any Publisher Agreement.

Waffo reserves the right to suspend or terminate the Buyer's access to any Product if Waffo receives notice from a Publisher that the Buyer has materially breached the applicable Publisher Agreement.

7. Intellectual Property Rights

Ownership of Intellectual Property Rights

Buyer acknowledges and agrees that all Intellectual Property Rights in and to the Product Purchased through the Platform are and shall remain the exclusive property of the respective Publisher or its licensors.

The Purchase of Product does not constitute a sale or transfer of ownership of any Intellectual Property Rights to Buyer, but only grants Buyer the limited license rights as specified in the applicable Publisher Agreement.

Buyer's rights to use, access, modify, distribute, or otherwise exploit the Product are governed exclusively by the terms and conditions set forth in the applicable Publisher Agreement, which Buyer must accept prior to accessing the Product.

In addition, Buyer acknowledges that Product may incorporate third-party Intellectual Property Rights and agrees to comply with all applicable third-party license terms and restrictions.

Notification & Survival

Buyer agrees to immediately notify Waffo of any suspected infringement of Intellectual Property Rights related to Product and to cooperate fully in any investigation or enforcement action.

The obligations and restrictions set forth in this Section 7 shall survive termination or expiration of these Terms and Conditions and any interruption or discontinuation of Buyer's access to the Product.

8. Product Delivery

Delivery Method & Time

Unless stated otherwise in the relevant Publisher Agreement, all Products will be delivered electronically through one or more of the following methods: (a) direct download links provided via the Order confirmation email to the Buyer's registered email address; (b) integration with the Publisher's platform or service; or (c) such other electronic delivery method as determined by the Publisher or Waffo. In the case of delivery through integration with the Publisher's platform or service, then the provisions titled "Publisher-Controlled Delivery" shall apply.

Product delivery will commence immediately upon successful payment processing and Order confirmation, unless otherwise specified by the Publisher or technical limitations require additional processing time. Once a Product is delivered to you, ownership of or license to the Product shall pass from us onto you pursuant to these Terms and Conditions and the applicable Publisher Agreement.

The Buyer will receive confirmation of Product delivery via email notification, which shall constitute proof of delivery for all purposes under these Terms and Conditions. You may also view the status of Product delivery by visiting the Buyer Portal or visiting the website, app or other platforms of the relevant Publisher.

If you are a Consumer, please note that once you start to download, stream, access or otherwise acquire and enjoy the benefit of Product in the form of digital contents, any statutory mandatory cooling-off rights that may be available to you as a Consumer will cease to apply. Please refer to Section 12 for more details.

Delivery Requirements

The Buyer is responsible for maintaining: (a) a valid email address for delivery notifications; (b) compatible hardware and software to access the Product; (c) sufficient internet connectivity for download or streaming; and (d) any required third-party accounts or software specified by the Publisher.

If Product cannot be delivered due to incorrect Buyer information, technical issues on the Buyer's end, or the Buyer's failure to meet access requirements, Waffo may arrange for the Publisher to attempt redelivery but we shall not be responsible in any way whatsoever for delivery failures caused by the Buyer.

If Product is not delivered due to technical failure on Waffo's or the Publisher's part, Waffo's sole obligation shall be to arrange for the re-delivery of the Product or, if re-delivery is not possible, to refund the Purchase Price for the affected Product.

9. Refunds

You acknowledge and understand that Transactions successfully completed through the Platform are final. No returns will be accepted and no refunds will be issued unless expressly specified otherwise in these Terms and Conditions or the applicable Publisher Agreement.

If you wish to dispute a Purchase (e.g. unauthorized transactions) or initiate a refund request, you may submit a request directly to us through the Buyer Portal or the Platform in accordance with these Terms and Conditions.

As part of or separate from any refund request or dispute handling process initiated by you and/or the relevant Publisher, Waffo may determine that a bona fide error has been made that affects you. If Waffo determines that you have been incorrectly charged or overcharged, Waffo will arrange for a refund to rectify the error.

In the event that a refund is made as a result of a dispute or error handling, the time frame to credit the refund shall depend on the payment method used or your bank and the relevant payment processors.

Nothing in this Section 9 shall affect any statutory rights that cannot be excluded or limited under Applicable Law related to consumer protection, including any mandatory refund rights for Purchases made by Consumer during the cooling-off period under Section 12.

10. Chargebacks

Chargeback Process

Before initiating a formal chargeback request, Buyers are encouraged to contact Waffo's customer service team through the complaints handling procedure outlined in Section 16 to resolve any concerns about their Transaction.

By initiating a formal chargeback request, the Buyer agrees to cooperate fully with Waffo's investigation by providing all requested documentation, including proof of authorization, evidence of Product delivery, and any correspondence related to the disputed Transaction within five (5) Business Days of Waffo's request.

Waffo will conduct a reasonable investigation of each chargeback request, which may include reviewing Transaction records, delivery confirmations, and communications between Buyer, Publisher and Waffo. Waffo reserves the right to provide evidence to payment processors and card networks to contest potential chargebacks.

Waffo has the right to retain records of all Transactions and related communications for a period of at least twenty-four (24) months to support chargeback defence and dispute resolution processes. Buyers acknowledge that such records may be shared with payment processors, card networks, and regulatory authorities as necessary.

Buyer Liability for Unsubstantiated Chargebacks

If Waffo determines that a chargeback was initiated in bad faith or without valid grounds, the Buyer shall remain liable for the original Purchase Price plus any chargeback fees, administrative costs, and penalties imposed by payment processors. Waffo may pursue collection of such amounts through available legal remedies.

Waffo reserves the right to suspend or terminate a Buyer's account if the Buyer initiates multiple chargebacks or demonstrates a pattern of disputing legitimate Transactions. Such suspension may occur immediately upon detection of suspicious chargeback activity.

11. Business Customer Provisions

This Section 11 applies exclusively to Buyers who are purchasing Products for business, commercial, or professional purposes, or on behalf of a legal entity ("Business Customers"). Business Customers are deemed to have greater sophistication and bargaining power than individual Consumers and accordingly certain enhanced terms and reduced protections apply.

Due Diligence

Business Customers may be required to provide additional verification information, including business registration details, tax identification numbers, and authorized signatory information.

Corporate Authority and Binding Effect

Each Business Customer represents and warrants that: (a) it has full corporate power and authority to enter into these Terms and Conditions; (b) the execution and performance of these Terms and Conditions has been duly authorized; (c) the person accepting these Terms and Conditions on behalf of the Business Customer is duly authorized to bind such entity; and (d) these Terms and Conditions constitute a valid and binding obligation of the Business Customer.

Volume Licensing and Multi-User Access

Business Customers may Purchase Products for use by multiple end users within their organization, subject to the applicable Publisher Agreement regarding multi-user or enterprise licensing. Business Customers are responsible for ensuring that all end users within their organization comply with the applicable Publisher Agreement and these Terms and Conditions.

Compliance

Business Customers shall: (a) maintain appropriate internal controls and procedures to ensure compliance with all applicable Publisher Agreements; (b) conduct periodic audits of Product usage within their organization; (c) promptly remedy any non-compliance issues; and (d) provide reasonable cooperation to Waffo or Providers in connection with any compliance investigations.

Business-Specific Warranties and Disclaimers

Waffo provides no warranties regarding the suitability of Product for any particular business purpose. Business Customers acknowledge that they are solely responsible for evaluating whether Product meets their business requirements and shall not rely on any oral or written statements by Waffo regarding business suitability.

Indemnification by Business Customers

Business Customers shall defend, indemnify, and hold harmless Waffo from any claims, damages, or expenses arising from: (a) breach of corporate representations or warranties; (b) violation of Applicable Law in connection with their business use of Product; (c) unauthorized distribution or use of Product within their organization; or (d) failure to comply with all applicable Publisher Agreements.

Additional Termination Rights

Business Customers acknowledge and agree that Waffo or the Publisher may immediately terminate access to Product and suspend the Business Customer's account upon: (a) material breach of these Terms and Conditions, including its agents, employees and contractors; (b) failure by Business Customers to pay amounts when due; (c) insolvency or bankruptcy of Business Customers; or (d) violation of any applicable Publisher Agreements by Business Customers, including its agents, employees and contractors.

12. Consumer Provisions

This Section 12 applies exclusively to Buyers who are Consumers purchasing Product for personal, family, or household use and not for commercial purposes.

If you are a Consumer, you have the right to cancel these Terms and Conditions and the relevant Publisher Agreement and return the Product within fourteen (14) days without giving any reason. However, the foregoing does not apply to the supply of Products in the form of digital contents (i.e. data which is produced and supplied in digital form) that you have started to download, stream or otherwise acquire such digital contents. The cancellation period will expire after fourteen (14) days from the day of the Transaction. To meet the cancellation deadline, it is sufficient that you send to the Publisher directly or through us your communication concerning your exercise of the cancellation right before the expiration of the fourteen (14) day period. Please note that in respect of subscription services your right to cancel is only present following the initial subscription and not upon each automatic renewal.

Each Consumer represents and warrants that: (a) he/she is 18 years old or above and has the legal capacity and authority to enter into these Terms and Conditions; (b) all information provided during the registration and Purchase process is true, accurate, and complete; and (c) he/she has read, understood, and agree to comply with both these Terms and Conditions and any applicable Publisher Agreement.

Nothing in these Terms and Conditions limits or excludes any statutory warranties, guarantees, or consumer rights that cannot be lawfully excluded under Applicable Law related to consumer protection.

13. Prohibited Uses and Compliance

The Buyer shall not use any Product Purchased through the Platform for any unlawful purpose, in violation of any Applicable Law and the Intellectual Property Rights of Waffo and/or Publisher.

Without limiting the generality of the foregoing, Buyer is strictly prohibited from:

• copying, reproducing, distributing, or creating derivative works of Product except as expressly permitted by the applicable Publisher Agreement;
• reverse engineering, decompiling, disassembling, or attempting to derive the source code of any Product;
• removing, altering, or obscuring any copyright notices, trademarks, or other proprietary rights notices contained in or on the Product;
• sharing, sublicensing, reselling, renting, leasing, or otherwise transferring rights to Product to any third party without express written authorization from the Publisher;
• (for Consumers only) use the Product for any commercial purpose unless expressly authorized by the Publisher Agreement;
• using Product in connection with any illegal, fraudulent, or harmful activities;
• circumventing or attempting to circumvent any digital rights management or security measures implemented by the Publisher; and
• using automated systems, bots, or scripts to access, download, or interact with Product in a manner that violates the Publisher Agreement or these Terms and Conditions.

The Buyer acknowledges and agrees to comply with all Applicable Law related to export control related to the Product, including the Export Administration Regulations maintained by the U.S. Department of Commerce.

Business Customers shall ensure that all employees, contractors, and authorized users within their organization comply with these prohibited use restrictions and the applicable Publisher Agreements.

Buyer shall immediately notify Waffo upon becoming aware of any unauthorized use of Product or any breach of these prohibited use provisions by any third party.

Waffo reserves the right to suspend or terminate the Buyer's access to Product and the Platform immediately upon discovery of any violation of these prohibited use provisions, without prior notice and without refund.

Buyer acknowledges that violation of these prohibited use provisions may result in legal action by the Publisher or other rights holders, and the Buyer agrees to indemnify Waffo against any claims arising from such violations.

14. Buyer Portal

Buyer Portal

The Buyer Portal is linked to the contact information, email address and other payment details provided at the time of your Order placement.

Buyers must ensure that all contact and payment information provided is current, complete, and accurate at all times. Buyers must promptly update your contact and payment information if any changes occur.

Buyers are responsible for maintaining the confidentiality and security of your Buyer Portal. Buyers must not share the Buyer Portal link or other access credentials with any third party.

Security

Buyers must immediately notify Waffo of any unauthorized use of their account or any other breach of security. Waffo is not liable for any loss or damage arising from unauthorized use of Buyer Portal. Buyers are solely responsible for all activities that occur in connection with their Buyer Portal, whether authorized or not. Buyers must implement appropriate security measures to protect their access to the Buyer Portal.

Waffo reserves the right to suspend or terminate any Buyer from accessing their Buyer Portal at its sole discretion, including for violation of these Terms and Conditions, suspected fraudulent activity, or breach of any Publisher Agreement.

Upon account termination, Waffo may retain certain account information as required by law or for legitimate business purposes, including transaction records and compliance documentation.

15. Customer Service

If you have inquiries related to your Order or Purchase, you may contact Waffo's customer service team through the following methods:

• Online support accessible through the Buyer Portal; or
• Contact us by visiting our Platform.

Waffo will use commercially reasonable efforts to respond to customer service inquiries taking into account the nature and complexity of the matter.

Emergency payment processing issues may be addressed outside normal business hours at Waffo's discretion.

16. Complaints

Buyers may submit complaints by contacting Waffo through the Buyer Portal or other designated complaint channels specified on the Platform in accordance with the following procedures:

• All complaints must include the Buyer's name, contact information, Order reference number, detailed description of the issue, and any supporting documentation or evidence relevant to the complaint.
• Waffo will acknowledge receipt of all complaints within two (2) Business Days of submission and provide the Buyer with a complaint reference number for tracking purposes.
• Upon receipt of a complaint, Waffo will (i) conduct an initial review to determine the nature and validity of the complaint; (ii) gather relevant information from internal systems, payment processors, and Providers as necessary; (iii) contact the Buyer for additional information or clarification if required; and (iv) coordinate with the applicable Provider when the complaint relates to Product functionality, licensing, or Provider Agreement compliance issues.
• Waffo will endeavour to resolve complaints within fourteen (14) Business Days of acknowledgment, provided that complex complaints involving Provider coordination may require additional time, in which case Waffo will notify the Buyer of the extended timeline.
• Depending on the nature of the complaint, Waffo may, or arrange for the Provider to, offer one or more of the following resolutions: (i) technical assistance or guidance for Product access or usage issues; (ii) coordination with the Provider to address Provider Agreement or licensing concerns; (iii) billing corrections or adjustments where appropriate; (iv) account modifications or access restoration; or (v) refunds only where required by Applicable Law pursuant to Section 9.
• If a Buyer is unsatisfied with the initial resolution, they may request escalation to Waffo's senior customer service team within thirty (30) days of receiving the resolution notice.

Provider-Related Complaints

For complaints primarily relating to specific Publisher or associated Product, Waffo will facilitate communication between the Buyer and Provider but cannot guarantee resolution of issues outside Waffo's direct control.

Refund-Related Complaints

A Buyer's dissatisfaction with a refund determination under Section 9 may be raised as a formal complaint under this Section 16.

Record Keeping

Waffo will maintain records of all complaints and their resolutions for a minimum of twenty-four (24) months for quality assurance and regulatory compliance purposes.

External Resolution

Buyers retain the right to pursue resolution through consumer protection agencies, regulatory bodies, or legal proceedings as provided under Applicable Law, regardless of participation in Waffo's complaint handling process.

17. Data Privacy and Protection

Waffo collects, processes, and stores Buyer personal data in accordance with its Privacy Policy, which is incorporated herein by reference and available on the Platform. Waffo may update its Privacy Policy from time to time, and Buyers will be notified of material changes through the Platform or by email to their registered address.

Purpose of Data Processing

Buyer personal data is collected and processed for the following purposes: (a) processing Transactions and delivering the Product; (b) maintaining Buyer accounts and providing customer support; (c) complying with legal and regulatory obligations; (d) preventing fraud and ensuring Platform security; and (e) communicating with Buyers regarding their Purchases and account status.

Waffo may share necessary Buyer information with relevant Providers to facilitate Product delivery, license activation, and customer support, provided that such sharing is limited to information reasonably required for these purposes.

Payment Data Security & Retention

Payment card information and other sensitive financial data are processed through secure, PCI-DSS compliant payment processors and are not stored on Waffo's servers beyond the time necessary to complete Transactions.

Buyer personal data will be retained for as long as necessary to fulfil the purposes outlined in these Terms and Conditions, comply with legal obligations, resolve disputes, and enforce agreements, unless a longer retention period is required or permitted by Applicable Law.

International Data Transfers

Buyer acknowledges that personal data may be transferred to and processed in countries outside the Buyer's local jurisdiction, and consents to such transfers in accordance with Applicable Law related to data protection.

Buyer's Undertakings

In using the services under these Terms and Conditions, you agree not to in any way:

• harvest or collect any information about or regarding other users or persons, including any personal data or information;
• use the services to collect or store personal data about other users or persons in connection with prohibited conduct or activities set forth in Section 13;
• transmit, publish, share, disclose or post another individual's confidential or personal information.

Without limiting the generality of the foregoing, you agree and undertake not to upload, post, email, transmit or otherwise make available through the services provided under these Terms and Conditions any content that you do not have a right to make available under Applicable Law or under any contractual or fiduciary relationships.

18. Warranties and Disclaimers

Limited Warranty by Waffo

Waffo warrants that it will provide the services described in these Terms and Conditions, including maintaining Platform availability, in a commercially reasonable manner and in accordance with generally accepted industry standards. Buyers acknowledge and agree that since Waffo's services are internet-based, Waffo does not guarantee uninterrupted or error-free access. In particular, Waffo makes no warranty that the Product will be compatible with Buyer's hardware, software, or operating systems.

DISCLAIMER OF OTHER WARRANTIES. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 18, WAFFO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; PROVIDED THAT NOTHING IN THIS SECTION 18 SHALL EXCLUDE OR LIMIT ANY STATUTORY WARRANTIES OR RIGHTS THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAWS.

Third-Party Content Disclaimer

Waffo takes every effort to ensure that the Product description on the Platform are as accurate as possible. However, to the extent permitted by Applicable Law, Waffo does not warrant that such Product descriptions are complete and accurate. References to any third party's goods, services and/or businesses on the Platform, including any Product or any of the Publishers' services and platforms, do not constitute or imply an endorsement, approval or recommendation by Waffo of those goods, services and/or businesses.

Waffo makes no warranties regarding the Product provided by Providers. All warranties for Product are provided solely by the respective Publisher under their applicable Publisher Agreement. Waffo disclaims all responsibility for the accuracy, quality, completeness, or functionality of Product provided by Providers.

Buyers acknowledge and agree that while Waffo implements reasonable security measures, it does not warrant that Product will be free from viruses, malware, or other harmful components. Without limiting the generality of the foregoing, you acknowledge and agree that Waffo is not responsible or liable for third party materials included within or linked to the Product or services provided by Waffo under these Terms and Conditions.

Business Customer Additional Disclaimers

For Business Customers, Waffo specifically disclaims any warranties regarding the suitability of Product for commercial use, business operations, or revenue generation.

19. Limitation of Liability

Total Liability Cap

Waffo's total aggregate liability to Buyer under or in connection with these Terms and Conditions, whether in contract, tort, negligence, or otherwise, shall not exceed the actual Purchase Price paid by the Buyer for the Product giving rise to the claim.

Exclusion of Consequential Damages

In no event shall Waffo be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of data, loss of use, loss of goodwill, or business interruption, regardless of the theory of liability and even if Waffo has been advised of the possibility of such damages.

Caveat

Nothing in these Terms and Conditions exclude or limit either Party's liability for: (a) death or personal injury resulting from a Party's negligence; (b) fraud or fraudulent misrepresentation of a Party; (c) wilful misconduct of a Party; and (d) a Party's obligations to indemnify the other Party under these Terms and Conditions.

20. Indemnification

Buyer shall defend, indemnify, and hold harmless Waffo, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Buyer's breach of these Terms and Conditions or any applicable Publisher Agreement;
• Buyer's violation of any Intellectual Property Rights of any Publisher or third party;
• Buyer's unauthorized use, reproduction, distribution, or modification of Product;
• Buyer's violation of any Applicable Law, regulations, or third-party rights;
• any fraudulent, illegal, or unauthorized use of the Buyer's account or payment methods;
• any claims arising from the Buyer's business use of Product that violates the applicable Publisher Agreement; and
• any negligent or wrongful acts or omissions by the Buyer in connection with the use of Product or the Platform.

Buyer's indemnification obligations shall survive termination of these Terms and Conditions.

21. Termination and Suspension

Termination by Waffo

Waffo may terminate or suspend Buyer's access to the Platform immediately and without prior notice if: (a) the Buyer materially breaches these Terms and Conditions; (b) Buyer violates any Publisher Agreement or Intellectual Property Rights of any person; (c) Buyer engages in fraudulent or illegal activities, or activities prohibited by these Terms and Conditions; or (d) Waffo reasonably believes that it is necessary to do so to protect Waffo's or Providers' rights or interests.

Termination by Buyer

Buyer may terminate its use of Waffo's services at any time by stopping to use the services, provided that such termination does not relieve Buyer of any existing obligations already accrued under these Terms and Conditions or any applicable Publisher Agreement as at the time of termination.

22. Governing Law and Jurisdiction

Except to the extent amended by any provisions of the law of the jurisdiction in which the Buyer is a resident, these Terms and Conditions and the relationship between you and Waffo, and all Transactions processed through the Platform shall be governed by and construed under the laws of Hong Kong without reference to conflict of laws principles. Any dispute or claim arising out of or in connection with these Terms and Conditions or the performance, breach or termination of these Terms and Conditions, shall be finally settled by binding arbitration at the Hong Kong International Arbitration Centre ("HKIAC"). The arbitration will be conducted in accordance with the HKIAC rules in force. The number of arbitrators will be one (1). Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof.

To the greatest extent permitted by law, each Party irrevocably waives (a) any objection which it may have now or hereafter to the laying of the venue of any such proceedings in such courts and any claim that any such proceedings have been brought in an inconvenient forum; and (b) any right to participate in or receive benefits from any class action, collective action, or representative proceeding, whether in court or arbitration.

For Consumer Purchases, nothing in this Section shall limit any mandatory consumer protection rights that may be available under Applicable Law, including the right to bring proceedings in the Consumer's local jurisdiction where permitted by law.

23. Force Majeure

Neither Party shall be liable for any failure or delay in performing its obligations under these Terms and Conditions which is due to a Force Majeure Event; provided that the Party affected by a Force Majeure Event shall: (a) as soon as reasonably practicable after the Force Majeure Event has occurred, notify the other Party in writing of the Force Majeure Event, the date on which it started, its likely or potential duration, and the effect of the Force Majeure Event on its ability to perform any of its obligations under these Terms and Conditions; and (b) use all reasonable endeavours to mitigate the effect of the Force Majeure Event on the performance of its obligations.

If the Force Majeure Event prevents a party from providing or receiving any of the services pursuant to these Terms and Conditions for a continuous period of more than ninety (90) days, the Party not affected by the Force Majeure Event may terminate these Terms and Conditions by giving thirty (30) days' written notice to the affected Party.

For the avoidance of doubt, nothing in this Section shall excuse the Buyer from any payment obligations for Product already delivered or services already provided prior to the occurrence of the Force Majeure Event.

24. Severability and Waiver

If any provision of these Terms and Conditions is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from these Terms and Conditions and the remaining provisions shall continue in full force and effect to the maximum extent permitted by law.

In the event that any invalid, illegal, or unenforceable provision would be valid, legal, and enforceable if some part of it were deleted or modified, such provision shall apply with whatever deletion or modification is necessary to make it valid, legal, and enforceable.

Any waiver of a provision of these Terms and Conditions shall be limited to the specific instance and shall not be deemed to be a continuing waiver or a waiver of any other provision. The failure of Waffo to enforce any provision of these Terms and Conditions or to exercise any right under these Terms and Conditions shall not constitute a waiver of such provision or right.

25. Entire Agreement and Communications

Entire Agreement

These Terms and Conditions, together with any applicable Publisher Agreement and any Order confirmation, constitute the entire agreement between Waffo and Buyer relating to the subject matter of these Terms and Conditions and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral.

These Terms and Conditions prevail over any of the Buyer's general terms and conditions of Purchase or other documents regardless of whether or when the Buyer has submitted such documents, unless specifically agreed to in writing by Waffo.

Communication

All notices, requests, consents, claims, demands, waivers, and other communications hereunder shall be in writing and shall be deemed to have been given: (a) when delivered by hand (with written confirmation of receipt); (b) when received by the addressee if sent by a nationally recognized overnight courier (receipt requested); (c) on the date sent by email (with confirmation of transmission) if sent during normal business hours of the recipient, and on the next Business Day if sent after normal business hours of the recipient; or (d) on the third day after the date mailed, by certified or registered mail, return receipt requested, postage prepaid.

Communications to Waffo shall be sent to the contact information provided on the Platform or as otherwise specified in writing by Waffo.

Communications to the Buyer shall be sent to the email address or other contact information provided by the Buyer during the registration or Purchase process.

Buyer is responsible for maintaining current and accurate contact information and shall promptly notify Waffo of any changes to such information.

Electronic communications, including emails and notices posted on the Platform, shall constitute written communications for purposes of these Terms and Conditions.

26. Assignment

Your use of Waffo's service under these Terms and Conditions is personal to you and you may not assign any rights under these Terms and Conditions to any third party nor grant any third party a legal or equitable interest in connection with your use of these services. To the greatest extent permitted by Applicable Law, Waffo has the right to assign these Terms and Conditions to any third party (including a Provider). We may delegate certain of our rights and responsibilities under this Agreement to our Affiliates or other third parties to the extent permitted by Applicable Law and regulatory authorities (as required).

SCHEDULE 1: DEFINITIONS AND INTEPRETATIONS

Definitions

In these Terms and Conditions, unless explicitly stated otherwise, capitalised terms used have the following meanings:

Interpretation

In these Terms and Conditions:

1. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
2. References to Sections and Schedules are to the sections and schedules of these Terms and Conditions.
3. Any words following the terms including, include, in particular, for example or any similar expression are to be construed as illustrative and do not limit the sense of the words, description, definition, phrase or term preceding those terms.
4. A reference to a Party includes that Party's permitted assigns.
5. A reference to "day" or "month" means a reference to "calendar day" or "calendar month", respectively. For the purposes of these Terms, a day means each twenty-four-hour period of time starting from, and including, 00:00 UTC+8 on one day and ending at, but excluding, 00:00 UTC+8 on the next day.
6. Headings are for ease of reference only and do not affect the interpretation of these Terms and Conditions.
7. Words importing the singular include the plural and vice versa.