Terms of Service

4.1 Purpose

These Master Terms of Service ("Terms") govern access to and use of the Blinko Platform.

These Terms establish the legal relationship between Blinko LLC and every person or organization that accesses or uses any Blinko website, application, software product, artificial intelligence service, API, or related service.

By accessing or using the Platform, you agree to be legally bound by these Terms and any additional agreements or policies incorporated by reference.

If you do not agree to these Terms, you may not access or use the Platform.

4.2 Parties

These Terms are entered into between:

Blinko LLC, a California Limited Liability Company ("Blinko"), and

the individual or legal entity accessing or using the Platform ("User").

Where applicable, additional agreements may govern specific products or programs, including participation as a Growth Partner or Business Customer.

4.3 Scope

These Terms apply to all Blinko products and services, including but not limited to:

• Blinko Growth
• Growth OS
• Guide
• Blinko Local
• Blinko Consumer
• APIs
• Websites
• Mobile Applications
• Documentation
• Future Blinko services

Product-specific agreements supplement these Terms.

If a conflict exists, the more specific agreement controls for that product or service.

4.4 Eligibility

To use the Platform, you represent and warrant that:

• You have the legal capacity to enter into a binding agreement.
• The information you provide is accurate.
• You will maintain accurate account information.
• Your use of the Platform complies with applicable laws.
• You are not prohibited from using the Platform under applicable law.

If you are using the Platform on behalf of an organization, you represent that you have authority to bind that organization.

4.5 Accounts

Certain Platform features require a registered account.

You are responsible for:

• Maintaining account security.
• Protecting authentication credentials.
• Restricting unauthorized access.
• Promptly notifying Blinko of suspected unauthorized use.

You remain responsible for activities occurring through your account unless caused by Blinko's failure to exercise reasonable security practices.

4.6 License

Subject to these Terms, Blinko grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for its intended purposes.

No ownership rights are transferred.

All rights not expressly granted remain reserved by Blinko.

4.7 Acceptable Use

You agree to use the Platform lawfully and responsibly.

You shall not:

• Violate applicable laws.
• Infringe intellectual property rights.
• Attempt unauthorized access.
• Circumvent security measures.
• Upload malicious software.
• Reverse engineer the Platform except where prohibited by law.
• Interfere with Platform availability.
• Misrepresent your identity.
• Misrepresent Blinko products.
• Create fraudulent accounts.
• Engage in fraudulent commission activity.
• Use the Platform for unlawful or deceptive purposes.

Additional restrictions are described in the Acceptable Use Policy.

4.8 Artificial Intelligence

Certain Platform features are powered by Guide.

Guide provides recommendations, summaries, analysis, generated content, and workflow assistance.

Guide:

• Assists decision making.
• Does not replace human judgment.
• May generate inaccurate or incomplete information.
• Does not provide legal, tax, accounting, medical, or financial advice.

Users remain solely responsible for reviewing AI-generated content before relying upon it.

4.9 User Content

Users may upload, create, or generate Content through the Platform.

You retain ownership of your original Content.

You grant Blinko a limited, worldwide, non-exclusive license to host, process, display, transmit, and use such Content solely for the purpose of operating, improving, securing, and supporting the Platform in accordance with applicable law and the Privacy Policy.

You represent that you possess all necessary rights to submit such Content.

4.10 Platform Availability

Blinko will use commercially reasonable efforts to maintain Platform availability.

However, the Platform may experience:

• Scheduled maintenance.
• Emergency maintenance.
• Security interruptions.
• Third-party outages.
• Force majeure events.

Blinko does not guarantee uninterrupted availability.

4.11 Third-Party Services

The Platform may integrate with third-party services.

Examples include:

• Payment providers.
• Mapping services.
• AI model providers.
• Analytics services.
• Communication services.
• Authentication providers.

Blinko is not responsible for the products or services provided by independent third parties.

Use of third-party services may be governed by separate agreements.

4.12 Fees

Certain Platform features require payment.

Applicable pricing, subscription terms, billing procedures, taxes, refunds, and payment policies are governed by the applicable commercial agreement and Commission & Earnings Policy where relevant.

Failure to pay applicable fees may result in suspension or termination of access.

4.13 Suspension

Blinko may suspend access where reasonably necessary to:

• Protect Platform security.
• Prevent fraud.
• Investigate suspected violations.
• Comply with legal obligations.
• Protect other users.
• Prevent misuse of AI systems.

Where practical, Blinko will attempt to notify affected users.

Immediate suspension may occur where necessary to protect the Platform or other participants.

4.14 Termination

Either party may terminate participation where permitted by applicable agreements.

Blinko may terminate or restrict access for:

• Material Breach.
• Fraud.
• Illegal conduct.
• Security threats.
• Repeated policy violations.
• Non-payment.
• Misuse of the Platform.

Termination does not affect accrued legal rights or obligations.

4.15 Intellectual Property

The Platform, including Growth OS, Guide, software, trademarks, branding, documentation, algorithms, workflows, and associated intellectual property, is owned by Blinko or its licensors.

Except for the limited license granted under these Terms, no intellectual property rights are transferred.

Users shall not remove proprietary notices or claim ownership of Blinko intellectual property.

4.16 Disclaimer of Warranties

To the maximum extent permitted by law, the Platform is provided on an "as is" and "as available" basis.

Blinko disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted operation, except where such disclaimers are prohibited by law.

Nothing in this section limits non-waivable consumer rights under applicable law.

4.17 Limitation of Liability

To the fullest extent permitted by law, Blinko shall not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages, including lost profits, lost business opportunities, lost goodwill, or loss of data arising from use of the Platform.

Blinko's aggregate liability arising from these Terms shall not exceed the greater of:

• The amounts paid by the User to Blinko during the twelve (12) months immediately preceding the event giving rise to the claim; or
• One hundred U.S. dollars (US $100),

except where such limitation is prohibited by applicable law.

Nothing in these Terms limits liability that cannot legally be limited.

4.18 Indemnification

You agree to defend, indemnify, and hold harmless Blinko, its officers, directors, employees, contractors, affiliates, and licensors from claims, losses, damages, liabilities, and reasonable legal expenses arising from:

• Your use of the Platform.
• Your violation of these Terms.
• Your violation of applicable law.
• Your infringement of third-party rights.
• Your misconduct.

This obligation survives termination to the extent permitted by law.

4.19 Governing Law

These Terms shall be governed by the laws of the State of California, without regard to conflict of law principles.

Any dispute resolution procedures, arbitration requirements, venue provisions, or class action waivers applicable to these Terms shall be set forth in Chapter 17 of this Handbook and incorporated by reference, subject to applicable law.

4.20 Changes to These Terms

Blinko may revise these Terms from time to time.

Material changes will become effective after notice as required by applicable law.

Continued use of the Platform after the effective date of revised Terms constitutes acceptance where legally permitted.

4.21 Entire Agreement

These Terms, together with the Governance & Legal Handbook and any applicable supplemental agreements or policies, constitute the complete agreement governing your use of the Platform unless superseded by a separately executed written agreement.

These Master Terms of Service establish the legal framework governing access to and use of the Blinko Platform.

Additional documents—including the Growth Partner Agreement, Privacy Policy, AI & Guide Usage Policy, Commission & Earnings Policy, Community Standards, and Acceptable Use Policy—supplement these Terms and govern specific aspects of participation within the Blinko ecosystem.