Annex to the Terms of Service – Advertising Platform

Please read these Annex to the Terms of Service (the “Annex” or the “Agreement”) carefully before accepting this Annex. This is a binding agreement.

This Annex constitute a binding agreement between you or the legal entity that you represent (the “User” or “You”) and EtherMail ("We",“ Us” or the "Company" and together with the User, the “Parties”) an entity duly incorporated and existing in accordance with the laws of Liechtenstein, with registered address in Landstrasse 158, 9494 Schaan, Liechtenstein, and with tax identification number FL-0002.683.886-3

You warrant and represent that You are entering into this Agreement on your own name and that You have full authority to be bound to this Annex, as well as the to the Terms of services of the Company that this Annex complements (the “Terms”).

This Annex shall apply to the benefit of the advertising campaign rewards defined in this Annex (the “Advertising Campaign Rewards”). By accepting this Annex and/or benefiting from the Advertising Campaign Rewards, You acknowledge that You have read and agree to be bound by this Annex, including the Terms , the EtherMail Coins Programme Terms of Service (the “EtherMail Coins Programme Terms of Service”), our privacy policy (the “Privacy Policy”) and cookies policy (the “Cookies Policy”), which are hereby incorporated in this Annex by reference.

1.Definitions

1.1. In this Annex, capitalised terms shall have the meaning set out in the Terms unless such terms are defined differently in this Annex or are expressly given another meaning.

2.Advertising Campaign Rewards

2.1. In order to benefit from the Advertising Campaign Rewards regulated in this Annex, You must have created an Account and be a User of EtherMail, under the conditions regulated in the Terms.

2.2. If it is the case, and by accepting this Agreement, You agree that EtherMail may send You encrypted emails containing advertising content, for which You will receive a number of EtherMail Coins (the “EMCs”) or EtherMail Tokens (the “EMTs”), in accordance with the terms decided by EtherMail for each advertising run, provided that You open and read such encrypted mails, all in accordance with the terms and conditions set forth in this Annex. The opening and reading of these emails will be a necessary condition for You to receive EMCs or EMTs in your Account.

2.3. EtherMail reserves the right, for each of the advertising run it launches under the terms of this Annex, to determine the amount of EMCs or EMTs You will be entitled to receive in your Account.

2.4. All EMCs or EMTs that will be deposited into your Account or relevant smart contracts that allow you to claim the token as Advertising Campaign Rewards shall be governed by the EtherMail Coins Programme Terms of Service

3.Termination

3.1. To the fullest extent permitted by applicable law, EtherMail reserves the right, without notice and in our sole discretion, to terminate your license to use the Services described in this Annex and the Platform and to block or prevent your future access to and use of the Services or the Platform, including where we reasonably consider that: (a) your use of the Services or the Platform violates this Annex or applicable law; (b) You fraudulently use or misuse the Services or the Platform; or (c) we are unable to continue providing the Services to You due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions or accounts. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Services, (ii) any term of this Annex, (iii) any policy or practice of the Company in operating the Services, or (iv) any content or information transmitted through the Services, is to terminate your Account and to discontinue use of any and all parts of the Services or the Platform.



Updated December 2023