Effective: 13-December-2023

These Terms of Use describe the terms and conditions, which you accept by using the Makeitviral Web Application and/or Web-services. We have incorporated by reference some linked information.

1. Definitions

1.1. “Account” means the account associated with your email address or mobile number.

1.2. “Inactive Account” means a User Account that has not been logged into for a 6-month period, or other period determined by us from time to time.

1.3. “You or User”- A user of the Makeitviral Web Application, including the service provider.

1.4. “Makeitviral Web App or Our App or the App”- The Makeitviral Web Application.

1.5. “Content Creator”- An independent person/body that through the Makeitviral Web Application, whether or not endorsed by us, uploads and/or provides or may potentially upload and/or provide, or makes a representation that he or she may upload and/or provide any content or services in the field of entertainment to the Users.

1.6. “Terms” means these Terms of Use and all its counterparts including but not limited to our Privacy Policy

2. Overview

2.1. By accessing the App, you agree to the following terms with Makeitviral.

2.2. The Makeitviral Application is a virtual entertainment web application. The Services provided through the App include but are not limited to a technology platform that enables users of the App to access content in the entertainment arena, such as music, videography, filmography audio content, as well enabling users to be able to upload the same to the App and interact with each other. All this may be done at a fee or freely depending on the arrangement and agreement with Makeitviral, or on the preference of the user.

2.3. Nothing in these terms or any other document and/or practice will be deemed to prevent Makeitviral from monetising any of its services through allowing the use and upload of advertisements, the charging of subscription fees, or the use of any other method that may be of financial benefit to Makeitviral.

2.4. We may amend these terms and any linked information from time to time by posting amended terms on the Website and/or Application.

2.5. Content Creators must register for an Account in order to upload content. The App enables Users to access Content Creators’ content.Makeitviral’s role shall be limited to facilitating the engagement between the Content Creator and the User strictly as provided herein.

2.6. We may, from time to time change or add to the Web App or the information, products or services described in it. The User has the obligation to ensure that they are using the latest version of the App. We are not liable to you or anyone else if any error occurs in the information on the Website or if that information is not current.

3. Profile and Account

3.1. The User will be required to provide a valid email and phone number to create an account. By using the App, you confirm that the information uploaded is a true and valid representation of your personal details.

3.2. Without limiting the generality of these Terms, in using the App, you specifically agree not to post or transmit any content or engage in any activity that, in our sole discretion attempts to impersonate another person or entity.

3.3. All free user accounts are associated with individuals or companies and agencies. Login credentials should not be shared by users with others. The individual, company or agency associated with the account will be held responsible for all actions taken by the account, without limitation.

3.4. Individual Users may also provide a business name or a company name, which is associated with the User’s Account. Individual Users acknowledge and agree that where a business name or company name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.

3.5. Users that are companies or agencies acknowledge and agree that this User Agreement is not only a contract with the companies and agencies, but also with the individual directors and/or shareholders of those companies or agencies who shall also individually share the responsibility for all activity undertaken in respect of their Account.

4. Lawful use of the App

4.1. You acknowledge that while using the App, you shall not engage in unlawful activities, which include but are not limited to;a) Any form of fraud;b) Abuse of information and content accessed through or by use of the App;c) Sexual and any other form of harassment;d) Copyright infringement;e) Trademark infringement;f) Passing over;g) Patent infringement;h) Any other act or omission prohibited by law.

4.2. A Makeitviral of all liabilities, losses, costs, damages and expenses (including, without limitation, reasonable attorney’s fees, charges and disbursements) incurred as a result of the breach or non-compliance.

5. Warranty of Correctness of Information

5.1. By providing information and uploading content required for both account opening with Makeitviral and for the App usage, which may include but is not limited to; your email, telephone number, photographs and pictures, National Identification Number, location, age, family details, employment history, education background, occupation, etc., you warrant to Makeitviral that the information is true, correct, accurate and free of error.

5.2. You acknowledge that you shall fully indemnify Makeitviral of all liabilities, losses, costs, damages and expenses (including, without limitation, reasonable attorney’s fees, charges and disbursements) incurred as a result of the inaccuracy of information provided by you.

6. Nature of Relationship

6.1. Nothing in these Terms shall in any way be construed as forming a joint venture, partnership or an employer-employee relationship between Makeitviral and Content Creators, any User or between two or more Users or Content Creators.

6.2. You acknowledge and agree that the relationship between the User and the Content Creator is that of an independent contractor. Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between Users.

6.3. The Content Creator acknowledges and agrees that the relationship between Makeitviral and the Content Creator is that of an independent contractor.

7. Use of services

7.1. User Accounts

7.1.1. In order to use most aspects of the Application, you must register for and maintain an active personal User Account.

7.1.2. Account registration requires you to submit to Makeitviral certain personal information, such as your name, address, mobile phone number, location, age, etc.

7.1.3. You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Application or Makeitviral’s termination of these Terms with you.

7.1.4. You are responsible for all activity that occurs under your Account, and you agree to maintain the security and secrecy of your Account username and password at all times.

7.1.5. The User and/or Content Creator shall be responsible for safeguarding and protecting their account through the use of strong access limitations and safeguards such as passwords and/or biometric features and the limitation of their Account to third party usage.

7.1.6. Makeitviral shall not be and cannot be liable for any loss, damage, injury or inconvenience that may arise from a User and/or Content Creator’s failure to comply with this Clause.

7.2. Texting and Messaging

7.2.1. By creating an Account, you agree that Makeitviral, Content Creators and other Users may send you text or messages either through the Application features or directly to your device network or other Applications as part of the normal operation of your use of the App.

7.2.2. You will not be availed with an option to opt-out of receiving text or messages through the Application but you may disable notifications from the Application depending on the device(s) you use to access the Application. You acknowledge that disabling notifications from the Application may impact your use of the App.

7.3. Network access and devices

7.3.1. You are responsible for obtaining the data network access necessary to use the App. Your mobile network’s data rates and fees may apply if you access or use the App from a wireless-enabled device and you shall be responsible for such rates and fees.

7.3.2. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the App and any updates thereto.

7.3.3. Makeitviral does not guarantee that the App, or any portion thereof, will function on any particular hardware or devices. In addition, the App may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

8. Payments and Charges

8.1. Use of the App may result in charges to you for the content and services you receive from the Content Creators.

8.2. Makeitviral does not guarantee that it will influence the charges that the Content Creators may charge for their content and/or services, nor does it guarantee that the charges will be kept within a particular range.

9. Taxes

9.1. You are responsible for paying any taxes that may be applicable to you under the laws of your Country.

9.2. You acknowledge that you will comply with your obligations under the tax laws that may apply to you.

10. License

10.1. Subject to your compliance with these Terms, Makeitviral grants you a limited, non- exclusive, non-sub licensable, revocable, non-transferrable license to:a) access and use the App on your personal device solely in connection with your use and access of content or services; andb) access and use any content, information and related materials that may be made available through the Application, in each case solely for your personal, non-commercial use.

10.2. Any rights not expressly granted herein are reserved by Makeitviral.

11. Restrictions

11.1. You shall not:a) remove any copyright, trademark, patentable right or other proprietary notices from any portion of the App;b) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the App except as expressly permitted by Makeitviral;c) decompile, reverse engineer or disassemble the App except as may be permitted by applicable law;d) ink to, mirror or frame any portion of the App;e) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the App or unduly burdening or hindering the operation and/or functionality of any aspect of the App; orf) attempt to gain unauthorized access to or impair any aspect of the App or its related systems or networks.

12. Makeitviral Reservation of Rights

12.1. Makeitviral expressly reserves the right to immediately modify, delete content from, suspend or terminate your Account and refuse current or future use of any Makeitviral service and access to content, if Makeitviral, in its sole discretion believes you have:i) violated or tried to violate the rights of others; orii) acted inconsistently with the spirit or letter of these Terms.

12.2. In such event, your Account may be suspended or cancelled immediately in our discretion, all the information and content contained within it deleted permanently and you will not be entitled to any refund of such information. Makeitviral shall not be liable for information or content that is deleted.

13. Third Party Rights, Terms and Policies

13.1. The App may be made available or accessed in connection with third party services and content (including advertising) that Makeitviral does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content.

13.2. Makeitviral does not endorse such third-party services and content and in no event shall Makeitviral be responsible or liable for any products or services of such third- party providers. Additionally, Apple Inc., Google Inc., Microsoft Corporation or BlackBerry Limited and/or their applicable International subsidiaries and affiliates will be third-party beneficiaries to this contract if you access the Services using Applications developed for Apple iOS, Android, Microsoft Windows, or Blackberry- powered mobile devices, respectively.

13.3. These third-party beneficiaries are not parties to these Terms and are not responsible for the provision or support of the App in any manner. Your access to the App using these devices is subject to terms set forth in the applicable third-party beneficiary’s terms of service.

13.4. Makeitviral may use services provided by Google Maps. Google Maps may be used to help find addresses, and is used to display maps and calculate directions and distances to certain locations. Makeitviral does not transmit contact information to Google Maps (e.g. phone numbers, emails), but addresses entered into the App may be submitted to Google Maps services to perform location queries.

13.5. Please review the Privacy Policies of all the above referred to third parties in order to understand how they use the data that they collect.

14. Ownership

The App and all rights therein are and shall remain Makeitviral’s property. Neither these Terms nor your use of the App convey or grant to you any rights:(i) in or related to the App except for the limited license granted above; or(ii) to use or reference in any manner Makeitviral’s company names, logos, product and service names, trademarks or services marks or those of Makeitviral’s licensors and licensees.

15. Indemnity

You agree to indemnify and hold harmless Makeitviral, and its subsidiaries, affiliates, officers, agents, or other partners, and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of and access to our App, your violation of the Terms, your violation of any rights of another person or entity, or your violation of any applicable laws or regulations.

16. Privacy

Registration Data and certain other information about you are subject to our Privacy Policy and the Data Protection Act of Uganda.

17. Disclaimer

The App is provided “as is” and “as available.” Makeitviral disclaims all representations and warranties, express, implied or statutory, not expressly set out in these terms, including the implied warranties of fitness for a particular purpose and non-infringement. In addition, Makeitviral makes no representation, warranty, or guarantee regarding the reliability, timeliness, quality, suitability or availability of the services and content or any services or content requested through the use of the App, or that the services will be uninterrupted or error-free.

18. Limitation of Liability

18.1. Makeitviral shall not be liable for indirect, incidental, special, exemplary, punitive or consequential damages, including lost data or personal injury related to, in connection with, or otherwise resulting from any use of the services offered through the App.

18.2. Makeitviral shall not be liable for any damages, liability or losses arising out of:i) your use of or reliance on the content and services or your inability to access or use the content and services; or any transaction or relationship between you and any Content Creator.ii) Makeitviral shall not be liable for delay or failure in performance resulting from causes beyond Makeitviral’s reasonable control.

18.3. Makeitviral’s services may be used by you to request and schedule for any content or services with Content Creators, but you agree that Makeitviral has no responsibility or liability to you related to any content or services provided to you by third party content creators other than as expressly set forth in these terms.

19. Dispute Resolution

19.1. A claim or dispute arising under or relating to these terms shall be settled by binding arbitration.

19.2. In the event of a claim or dispute arising under or relating to these terms, either party may request that the claim or dispute be resolved by arbitration in accordance with the International Centre for Arbitration & Mediation in Kampala (ICAMEK) Rules. The arbitration shall be presided over by a single arbitrator appointed by the ICAMEK unless the Parties request appointment of another person as arbitrator.

19.3. The seat of arbitration shall be Kampala, Uganda.

19.4. The language of arbitration shall be English.

19.5. The arbitrator’s decision shall be final and binding on the Parties.

19.6. Each Party shall bear its own costs unless otherwise agreed in writing by the Parties.

Privacy Policy for Makeitviral Streaming Platform in Compliance with Ugandan Law

Effective Date: 13 December 2023

Introduction

Makeitviral ("we," "us," or "our") acknowledges and respects the privacy rights of our users in compliance with the laws of the Republic of Uganda. This Privacy Policy outlines how we collect, process, and safeguard your personal information in accordance with Ugandan laws governing communication and data protection.

Information We Collect.

Personal Information:

We collect personal information such as phone numbers, email addresses, and location data during the account registration process to create and manage user accounts.

b. Original Content:

Artists who use our platform may submit original content. We collect and store this content to facilitate its distribution on our platform.How We Use Your Informationa.

Account Management:

We use your personal information to create and manage your user account, including communication with you about your account and platform-related updates.

b. User Experience Improvement:

We may analyze user behavior and preferences, including the content artists submit, to improve our platform's features, content recommendations, and overall user experience.

c. Communication:

We may use your contact information to send you service-related announcements, promotional materials, and other communications. You can opt-out of these communications at any time.

d. Legal Compliance:

DisclosureWe may use your information to comply with legal obligations, such as responding to lawful requests from Ugandan authorities and protecting our rights and interests.Information Sharing and Disclosure.

a. Third-Party Service Providers:

We may share your information with third-party service providers who assist us in providing and improving our services. These providers are bound by confidentiality obligations and are not authorized to use your information for any purpose other than providing services on our behalf.

b. Aggregated or De-identified Data:

We may share aggregated or de-identified data for research, analytics, and marketing purposes, ensuring that individual users cannot be identified.

c. Legal Requirements:

We may disclose your information as required by Ugandan law, including compliance with court orders, legal processes, or government requests.Security Measures

We implement reasonable security measures to protect your personal information from unauthorized access, disclosure, alteration, and destruction in accordance with Ugandan data protection laws.

Your Rights and Choices

As per Ugandan law, you have the right to access and correct your personal information. You may also request the deletion of your information. To exercise these rights or for any privacy-related inquiries, contact us at [insert contact email/address].

- No Sale of Information to Third Parties

We affirm that none of the information we collect, including personal information and original content, will ever be sold, leased, or otherwise transferred to third parties for monetary gain or other valuable consideration.

- Updates to this Privacy Policy

We may update this Privacy Policy in compliance with changes in Ugandan laws or our practices. We will notify you of any significant changes, and the updated policy will be effective upon posting.

- Contact Us

If you have any questions, concerns, or requests regarding this Privacy Policy or our practices in relation to Ugandan law, please contact us at [insert contact email/address].

By using Makeitviral, you agree to the terms outlined in this Privacy Policy, as well as applicable Ugandan laws and regulations.