0. How to read these Terms#

These Terms are between you and Goonz LLC, doing business as Tenfold ("Tenfold", "we", "us"). Tenfold is based in New York, United States.

They have three parts.

Part A applies to everyone.
Part B applies to Brands — the businesses that use Tenfold to run programs — and to the staff who administer a Brand's account.
Part C applies to Participants — the people who take part in a Brand's program through Tenfold.

If you are both, both parts apply to you.

These Terms are not the Brand's terms. The program you take part in belongs to the Brand, not to us. The Brand sets its program rules, decides what you earn and what you can redeem, and honours its own rewards. The Brand may have its own terms and its own privacy notice, and they apply in addition to these Terms. Where a Brand's program terms conflict with these Terms about the program itself, the Brand's terms govern the program, and these Terms govern your use of the Tenfold platform.

Part A — Terms that apply to everyone#

A1. Acceptance#

By accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services. If you agree on behalf of an organisation, you confirm you have authority to bind it, and "you" means that organisation.

A2. What the Services are#

Tenfold is software that Brands use to run loyalty, rewards, quest, collectible, and phygital programs. The Services include our web applications, our admin portal, our APIs, our Shopify app, our Discord integration, and any related tools we make available. The Services include Brand-branded versions of our applications served on Tenfold subdomains and on Brands' own custom domains.

Tenfold is a technology provider. We do not run, sponsor, endorse, underwrite, or guarantee any Brand's program, promotion, raffle, or reward. We do not sell the Brand's products. We are not a party to your relationship with a Brand.

A3. Accounts and security#

You must give accurate registration information and keep it current. You are responsible for everything that happens through your account. Keep your credentials confidential and tell us promptly at founders@10amstudios.xyz if you suspect unauthorised access.

We may reclaim usernames, and we may refuse, suspend, or remove accounts that violate these Terms.

Wallets. Where the Services let you connect a blockchain wallet, you alone control that wallet. We do not hold your private keys or your recovery phrase, and we will never ask for them. We cannot recover a lost key, reverse a transaction, or retrieve assets sent to the wrong address.

A4. Acceptable use#

You must not:

break the law, or use the Services to help anyone else break the law;
infringe anyone's intellectual property, privacy, or publicity rights;
upload or transmit malware, or interfere with, overload, or disrupt the Services or the networks behind them;
circumvent, disable, or probe any security, authentication, rate-limiting, or access-control mechanism;
scrape, crawl, harvest, or use automated means to extract data from the Services, except through our documented APIs within their limits;
reverse engineer, decompile, or disassemble the Services, except to the extent applicable law prohibits that restriction;
falsify participation — including simulating, spoofing, replaying, or automating quest completions, check-ins, chip taps, referrals, social actions, or raffle entries; using multiple accounts to gain an unfair advantage; or exploiting a bug to obtain rewards you did not earn;
tamper with, clone, relay, or spoof an NFC chip or a physical item, or attempt to defeat proof-of-proximity;
impersonate anyone, or misrepresent your affiliation;
harass, threaten, or abuse others;
resell, sublicense, or provide the Services to a third party except as expressly permitted;
access the Services to build a competing product, or to benchmark them for a competitor;
remove, hide, or obscure any proprietary notice, legal link, or attribution we display through the Services.

We may investigate suspected violations and take proportionate action, including removing content, revoking rewards obtained in breach, restricting features, and suspending or terminating access.

A5. Intellectual property#

Ours. We own the Services and everything in them apart from Brand content and user content — including all software, designs, text, graphics, and our trademarks. We grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence to use the Services as permitted by these Terms. No other rights are granted.

Yours. You keep ownership of the content you submit. By submitting content, you grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, transmit, and display it solely to operate, secure, support, and improve the Services, including displaying it to the Brand whose program you submitted it through. This licence lasts as long as we host the content and for a reasonable period afterwards for backups, and it ends when the content is deleted from our systems and our backups expire.

Feedback. If you send us suggestions, we may use them freely, without obligation or compensation to you.

A6. Third-party services and blockchains#

The Services interoperate with third parties, including wallet providers, blockchains, social platforms, community platforms, commerce platforms, marketplaces, and NFC chip infrastructure. We do not control them and we are not responsible for them. Your use of them is governed by their terms. If a third party changes or discontinues its service, we may change or discontinue the related feature without liability to you.

Blockchain risk. Blockchain networks are public, permissionless, and outside our control. You accept the risks inherent in using them, including network congestion, transaction fees, forks, reorganisations, protocol changes, smart-contract defects, front-running, oracle failure, downtime, and the permanent, irreversible, and public nature of transactions. We are not liable for losses arising from blockchain network behaviour, from a third-party wallet or bridge, or from a transaction you authorised.

A7. Changes to the Services#

We may change, add, or remove features at any time. We may set, change, and enforce usage limits. We aim to give reasonable notice of changes that materially reduce functionality Brands rely on, and Section A14 says more about how we give notice of changes.

A8. Suspension and termination#

We may suspend or terminate access immediately where we reasonably believe there is a breach of these Terms or of applicable law, a security or fraud risk, a legal requirement, or non-payment. Where practical and lawful, we will give notice.

You may stop using the Services at any time.

Termination does not entitle you to a refund except as Part B or applicable law provides. Sections A5 (as to ownership), A9, A10, A11, and A12 survive termination, along with any other provision that by its nature should.

A9. Disclaimers#

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

Nothing in the Services is legal, tax, accounting, financial, or investment advice. Loyalty programs, promotions, raffles, sweepstakes, and stored-value schemes are regulated in many places, and the rules differ. Deciding whether a program is lawful is the Brand's responsibility, not ours.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply to the maximum extent permitted, and nothing in these Terms limits rights that cannot lawfully be limited.

A10. Limitation of liability#

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF DATA, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED:

for a Brand: the fees the Brand paid us for the Services in the twelve months before the event giving rise to the claim; and
for a Participant: USD 100.

These limits do not apply to a party's liability for fraud, for wilful misconduct, for death or personal injury caused by negligence, or for any other liability that cannot lawfully be limited.

These limits apply regardless of the legal theory and even if a limited remedy fails of its essential purpose.

A11. Indemnity#

You will defend, indemnify, and hold harmless Tenfold and its officers, directors, employees, and agents from any third-party claim, and any resulting loss, liability, damage, cost, or expense including reasonable legal fees, arising out of or relating to:

your use of the Services in breach of these Terms or applicable law;
content or data you submit;
for Brands, your program, your promotions, your rewards, your customer communications, and your handling of participant data.

A12. Governing law and disputes#

These Terms are governed by the laws of the State of New York, United States, without regard to conflict-of-laws rules. The state and federal courts located in the State of New York have jurisdiction over any dispute arising out of or relating to these Terms or the Services, and each party consents to that jurisdiction.

Disputes are resolved in those courts. These Terms do not require you to arbitrate, and they do not waive your right to take part in a class action.

Nothing here deprives a consumer of the protections of the mandatory law of their country of residence.

A13. General#

Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets. Entire agreement. These Terms, with any documents they incorporate, are the entire agreement about their subject matter. Severability. If a provision is unenforceable, the rest stays in force. No waiver. Not enforcing a provision is not a waiver of it. Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control. No partnership. These Terms create no partnership, agency, joint venture, or employment relationship. Notices. We may give notice through the Services or to your registered email address. Formal notice to us goes to founders@10amstudios.xyz, and is effective when we acknowledge it or two business days after we receive it, whichever is earlier. Interpretation. "Including" means "including without limitation". Headings are for convenience only.

A14. Changes to these Terms#

We may update these Terms. Material changes take effect 30 days after we post them or notify you, except where a change must take effect sooner for legal or security reasons. Continuing to use the Services after that means you accept the change. If you do not accept, stop using the Services; a Brand's cancellation rights are in Section B9.

Part B — Terms for Brands#

B1. Your account and your people#

You are responsible for your Tenfold account, your admin users, your API keys, and any credentials you supply for a third-party integration — including your NFC chip provider key, your commerce platform connection, and your community platform connection. You are responsible for everything done through your account, authorised or not. Keep your admin roster current and revoke access promptly when someone leaves.

B2. Your program is yours#

You design and operate your program. We provide the software.

You are solely responsible for:

your program's rules, structure, earn and redemption mechanics, tiers, and point economics;
the value, availability, and fulfilment of every reward, item, and benefit you offer;
honouring points, badges, tiers, and rewards you have issued, including on wind-down;
any promotion, contest, sweepstake, raffle, giveaway, or drawing you run — including its official rules, eligibility, odds and prize disclosures, registration and bonding where required, and winner selection and notification;
disclosing point expiry and any material change to your program;
your marketing and all your communications with your participants, including compliance with anti-spam and telemarketing law;
the tax treatment of the rewards you issue;
any claim, representation, or warranty you make to your participants;
setting and communicating any age or eligibility requirement your program needs beyond the requirements in Section C2, including any requirement your own regulator imposes.

There are laws that may apply to your program — including consumer-protection, promotions and sweepstakes, gift-card and stored-value, advertising, and securities law — and they differ by jurisdiction. Understanding and complying with them is your responsibility, not ours. We do not review your program for legality, and nothing we provide is legal advice.

B3. Data protection — the role split#

Program data. For the personal data of your participants that we process to provide the Services — quest progress, points and ledger entries, badges, tiers, leaderboards, check-ins, chip taps, item claims, raffle entries, referrals, verifications, and integration records scoped to your tenant — you are the controller (or "business") and we are the processor (or "service provider").

We will:

process that data only to provide, secure, and support the Services, and on your documented instructions, which include your configuration of the product and this agreement;
not sell it, and not share it for cross-context behavioural advertising;
not retain, use, or disclose it outside our direct business relationship with you, or for any purpose other than providing the Services, except as permitted by law;
keep it logically separated from other Brands' data;
impose equivalent obligations on our subprocessors;
assist you, taking into account the nature of the processing, with participant rights requests, security, and impact assessments;
notify you without undue delay after becoming aware of a personal data breach affecting your data;
on termination, delete or return your program data in line with Section B9, subject to backups expiring on their normal cycle and to legal retention requirements.

Subprocessors. We use subprocessors to provide the Services, including cloud hosting, database and object storage, authentication and wallet infrastructure, product analytics, error monitoring, transactional email delivery, NFC chip infrastructure, commerce and community platform integrations, caching, and scheduling. We maintain a current list of our subprocessors and will give it to you on request at founders@10amstudios.xyz. We do not publish that list as a public page at this time.

Data we control. Some processing is ours, not yours, and you acknowledge and authorise it:

the Tenfold account layer. A person's Tenfold account — their email address, username, profile, linked wallets, and linked social accounts — can be used across more than one Brand's program. We control that account. Both you and we will hold a view of a participant who takes part in your program with a Tenfold account.
platform analytics, error monitoring, and session replay, which run across the platform and are used to operate, secure, and improve it.
aggregated and de-identified statistics derived from platform usage, which we may use to operate, secure, benchmark, and improve the Services and to describe the platform generally. We do not sell this data and we do not attempt to re-identify it.

Your obligations. You represent, warrant, and agree that:

you have all necessary rights, permissions, consents, and a valid legal basis to give us the participant data you provide or cause to be collected, and for us to process it as described;
you will publish and maintain a clear, accessible privacy notice on the properties where your participants' data is collected, meeting the requirements of applicable privacy law and accurately describing your program;
you will obtain any consent that applicable law requires for cookies, tracking technologies, and analytics deployed through your program surfaces;
you will not send communications without the consent the law requires, and you will configure the product accordingly;
you will give us instructions that comply with applicable law, and you will tell us if you believe an instruction of yours would cause us to breach it;
you will not upload special-category or sensitive personal data, government identifiers, health data, or payment card data to the Services.

Participant requests. Participants should direct requests about your program data to you. If we receive a request about your program data, we will inform the participant that you are the controller and, where we can, direct them to you or forward the request. We will not delete, alter, or disclose your program data in response to a participant request without your instruction, except where the law requires us to act, in which case we will tell you unless we are prohibited from doing so. We will assist you in responding, within a reasonable time and at no charge.

Data processing terms. Our data processing terms, including the terms that cover international transfers, are available on request at founders@10amstudios.xyz.

B4. Integrations you connect#

When you connect a third-party service — your commerce platform, your community server, your NFC chip provider, your wallet or auth provider — you authorise us to access it with the credentials and scopes you grant, and to exchange the data the integration needs. You are responsible for having the right to grant that access and for complying with that third party's terms. We are not responsible for that third party's acts, omissions, availability, or data handling.

B5. Physical items and NFC chips#

If your program uses NFC chips or phygital items:

you are responsible for sourcing, configuring, and provisioning the chips, and for your relationship with the chip provider;
you are responsible for the physical products themselves, including their safety, labelling, and fitness;
tap events, one-time-code verifications, transfer attempts, and failure states are logged so we can operate the service, prevent replay and abuse, and support you;
proof-of-proximity checks are best-effort anti-abuse measures, not a guarantee. We do not warrant that a chip cannot be cloned, relayed, or spoofed, and we are not liable for rewards issued or withheld because of a chip or provider failure.

B6. Fees#

Fees, billing periods, payment terms, usage limits, taxes, and renewal and refund terms are set out in the subscription plan or order form you agree with us. Where that plan or order form and these Terms conflict about fees, the plan or order form governs. We will give you notice of a price change before it takes effect at renewal.

B7. Legal links and attribution on your program surfaces#

You may serve the Services under your own brand, on Tenfold subdomains and on your own custom domains. Whatever branding you apply, the software is ours and these Terms govern its use, so your participants must be able to find them.

Legal links you must keep. On every surface of the Services you make available to participants, including surfaces served on your own custom domain, you must keep the Tenfold Terms of Service and Tenfold Privacy Policy links that we surface through the Services. You must not remove, hide, obscure, disable, or relocate those links so that they become impractical to find. Those links must remain reachable on mobile as well as on desktop. You may present your own terms and privacy notice alongside them, and you should.

Attribution. We may display attribution identifying Tenfold as the provider of the Services on program surfaces, in a form, wording, and placement that we specify. Whether attribution is required for you, and in what form, is determined by the requirements applicable to your subscription plan, which we may change at renewal on notice under Section B6. Where attribution is not required for your plan, the legal links above are still required. You must not remove, hide, obscure, or alter attribution that is required for your plan.

We may set the form of both. We may change how the legal links and any attribution are presented, so that they stay accurate and reachable as the product changes. We will not use this section to inject marketing content beyond identifying Tenfold as the provider.

B8. Publicity#

You grant us a non-exclusive, worldwide, royalty-free licence to use your name, logo, and trademarks, and to describe your program in general terms, in order to identify you as a Tenfold customer. We may use them on our website, in our customer lists, in sales and marketing materials, in case studies, in investor materials, and in press announcements.

We will use your marks in accordance with any written brand guidelines you give us, and we will correct or stop a specific use promptly if you tell us it is inconsistent with those guidelines. We will not disclose your confidential program details, your commercial terms, or your participant data under this section. This licence runs for the term of your agreement, and materials already published before it ends may remain in circulation.

B9. Term, termination, and data return#

These Terms start when you first access the Services and continue for your subscription term, renewing as your plan provides.

Either party may terminate for material breach that is not cured within 30 days of written notice. We may suspend or terminate immediately for non-payment, a security or fraud risk, or a legal requirement.

On termination:

your access to the Services ends;
for 30 days after termination, you may request an export of your program data from us at founders@10amstudios.xyz. We will provide the export in a commonly used machine-readable format. Your access to the Services has ended by this point, so the export comes from us rather than through the product.
after that 30-day window, we may delete your program data. Backups expire on their normal cycle.
you remain responsible to your participants for the points, rewards, and benefits you issued. We have no obligation to your participants after your agreement ends.

B10. Confidentiality#

Each party will protect the other's non-public information disclosed in connection with these Terms with at least reasonable care, use it only for the purpose of these Terms, and disclose it only to those who need it and are bound by equivalent obligations. This does not cover information that is public through no fault of the recipient, was already known without a duty of confidence, is independently developed, or is lawfully received from a third party. Disclosure compelled by law is permitted with notice to the other party where lawful. Section B8 is an agreed exception to this section for the limited purpose it describes.

Part C — Terms for Participants#

C1. Your relationship is with the Brand#

You take part in a Brand's program. The Brand owns the program and is responsible for it. Tenfold provides the software the Brand uses.

We do not decide what you earn, what rewards exist, whether a reward is available, or whether your entry qualifies. The Brand does.

If you have a question or a complaint about points, rewards, prizes, eligibility, a raffle result, an item you did not receive, or a program rule, contact the Brand. If your question is about the Tenfold software itself — you cannot sign in, a page fails, a tap will not register — contact us at founders@10amstudios.xyz.

C2. Eligibility#

You must be at least 18 years old, or the age of majority where you live if that is greater, to use the Services on your own behalf.

If you are between 13 and 17, you may use the Services only with the involvement and agreement of a parent or legal guardian, who must accept these Terms on your behalf, supervise your use, and take responsibility for it.

The Services are not intended for anyone under 13, and you must not use them if you are under 13.

By accepting these Terms and using the Services, you confirm that you meet these requirements, and where you are between 13 and 17, that a parent or legal guardian has accepted these Terms on your behalf. We rely on that confirmation. We do not verify your age, we do not require you to give us your date of birth to use the Services, and we do not operate an age gate. If we learn that someone is using the Services in breach of this section, we may suspend or terminate their access.

A Brand may set higher or additional eligibility requirements for its program, and those apply in addition to these. You must not use the Services if applicable law prohibits it, or if you are subject to sanctions or located in an embargoed jurisdiction.

C3. Points, rewards, and collectibles#

Points and program currency have no cash value. They are not money, not a deposit, not a security, and not a substitute for currency. They do not earn interest. They cannot be exchanged for cash except where the Brand expressly offers it and the law permits it. They are personal to you and, unless the Brand says otherwise, not transferable, not assignable, and not inheritable.

Points, badges, tiers, and rewards may expire, change, or be discontinued in line with the Brand's program rules. The Brand — not Tenfold — decides that, and the Brand is responsible for telling you.

We may correct records. If points, rewards, or claims were issued in error, through a defect, or through activity that breaks Section A4, we or the Brand may adjust, revoke, or reverse them.

Digital collectibles and onchain assets. Where a program involves NFTs or other onchain assets, what you own is the asset itself on the relevant blockchain. Any benefit attached to it — access, perks, redemptions — is offered by the Brand under the Brand's terms, and the Brand may change or end it. We do not guarantee any benefit, any value, any market, or any liquidity. Onchain transactions are irreversible and public.

C4. Public information#

Some information is visible to others in a program, including your username, profile picture, badges, tier, points, leaderboard position, and any wallet address you link and the public onchain activity associated with it. Public blockchain data is public and permanent, and connecting a wallet links its public history to your profile. Do not connect a wallet whose history you want to keep private.

C5. Taps, check-ins, and verification#

Some programs require you to physically tap an item or chip, to check in at a place, to enter a code, or to connect and verify a social or community account.

Taps rely on a one-time proximity proof. Tapping the same item again, or a tap that arrives too late, may not credit.
Check-ins may require your device's location permission to confirm you are within the location's radius. We use your location at that moment to verify the check-in, and we do not track you afterwards.
Verification of a social or community account confirms you control it, and may involve a temporary code and a limited number of attempts.
These checks can fail for reasons outside our control, including hardware, network, permissions, and third-party platform behaviour. Failures are recorded so we can support you. Neither we nor the Brand guarantees that every attempt will succeed, and attempting to defeat these checks breaches Section A4.

C6. Privacy#

Our handling of your personal information is described in the Tenfold Privacy Policy. The Brand's handling of your program data is described in the Brand's own privacy notice, not ours. Ask the Brand for it.

C7. Where to find these Terms#

These Terms are published at https://tenfold.so/terms and the Tenfold Privacy Policy at https://tenfold.so/privacy. We link them from Tenfold-powered surfaces, including Brand-branded surfaces served on Brands' own domains, and Brands are contractually required to keep those links in place and reachable under Section B7.

C8. Contact#

Goonz LLC d/b/a Tenfold New York, United States founders@10amstudios.xyz