Floki

Staking Agreement

PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN RISK NOTICE, ACKNOWLEDGEMENT AND ACCEPTANCE, NO WAIVER AND NO CLASS ACTION CLAUSE, WHICH AFFECT YOUR RIGHTS. IF YOU DO NOT AGREE TO THESE TERMS OF USE

IMPORTANT NOTICE PRIOR TO ACCESSING OR USING THE SERVICES, YOU (THE CLIENT) MUST INFORM YOURSELF OF AND OBSERVE ANY REGULATIONS APPLICABLE TO YOU. ACCESSING OR USING THE SERVICES MAY BE RESTRICTED BY LAW IN CERTAIN JURISDICTIONS AND ACTIVITIES UNDERTAKEN THROUGH THE SERVICES MAY BE SUBJECT TO SPECIFIC REGULATIONS OR REVIEW BY CERTAIN AUTHORITIES. A FAILURE TO COMPLY THEREWITH MAY RESULT IN SANCTIONS AS PROVIDED FOR IN THE CONCERNED REGULATIONS

Welcome to Floki

Welcome! Thanks for your interest in staking, an integral part of the Floki ecosystem. You agree and understand that by accessing or using Floki staking service (“Staking”), you are agreeing to enter into this staking agreement (the “Staking Agreement”) by and between you and Floki (“Floki”), and be legally bound by its terms and conditions, so please read them carefully. Please also note that there may be specific terms or conditions applicable to you as a user in a given jurisdiction, as detailed herein. If any term or condition of this Staking Agreement is unacceptable to you, please do not use the Staking service. Use of the words “we,” “us,” or “our” in this Staking Agreement refers to Floki.

Floki is the people's cryptocurrency and the utility token of the Floki Ecosystem. The Floki staking program was designed to reward loyal, diamond-handed FLOKI holders. Floki Supported Digital Assets (“Floki SDA”) include the Floki Token (“Floki”) and the TokenFi Token (“TokenFi”). When you stake your FLOKI tokens, you will earn our sister token named TokenFi as a reward. TokenFi is a tokenization platform targeting the tokenization industry.

Using Staking

Feel free to print and keep a copy of this Staking Agreement, but please understand that we reserve the right to change any of these terms and conditions at any time. You can always find the latest version of this Staking Agreement here on this page.

You agree and understand that by accessing or using Staking following any change to this Staking Agreement, your access or use of Staking shall constitute your agreement to the amended Staking Agreement, and you agree to be legally bound by its terms and conditions as amended. You should, therefore, read this Staking Agreement from time to time. If you do not agree to be bound by this Staking Agreement, you should not access or use Staking

Permission

Subject to the terms and conditions set forth in this Staking Agreement, we hereby grant to you a non-assignable, non-exclusive, worldwide, and royalty-free limited license to use our Staking service. You may not use the Staking service if (i) you are not at least 18 years old and do not have the legal capacity to enter into this Staking Agreement, (ii) you are a person barred from using Staking under the applicable laws of the country in which you are resident or from which you use Staking, and (iii) you do not agree to be legally bound by the terms and conditions of this Staking Agreement in their entirety.

Floki Staking Services

Availability

When you hold certain Floki SDA in your wallet(s) you may be given the option to “stake” these assets in a proof of stake network via staking services provided by Floki. Please visit our staking information pages: https://staking.floki.com and https://staking.tokenfi.com for further details on how proof of stake works. Floki Staking Services are not currently available to Hong Kong customers or customers in certain other jurisdictions.

The Floki SDA eligible for staking services are subject to change at any time. Staked assets are not subject to the protections of any government protection regulation including but not limited to the U S Federal Deposit Insurance Corporation (“FDIC”), the Securities Investor Protection Corporation, the UK Financial Ombudsman Services, or any other similar protections.

Note: Floki's staking platform is audited and monitored 24/7 by CertiK to ensure your security. CertiK.com is a leading smart contract auditor and provides a comprehensive suite of tools to secure the industry at scale.

No Guarantee of Rewards

Rewards are automatically distributed per block by the staking smart contract and can be claimed by users through the staking platform at any time. Unless otherwise specified, the “staking rewards rate” disclosed by Floki for a particular Floki SDA (see https://staking.floki.com and https://staking.tokenfi.com) is an annualized historical rate based on the staking rewards generated by Floki for that Floki SDA. This rate is an estimate and may change over time depending on several different factors, including but not limited to 1) the number of tokens staked, 2) the market value of the staked token, 3) the market value of the reward token, 4) the duration users stake for, and 5) smart contract related logic. You should assume that, while we try our best to represent the staking APY, displayed APY might be lower or higher than specified at any given time due to the above factors and potentially unforeseen factors. The staking APY is not locked down at the time of staking. It could trend down or up based on the above-listed factors or other unforeseen circumstances.

Floki DOES NOT GUARANTEE THAT YOU WILL RECEIVE ANY STAKING REWARDS, INCLUDING THE STAKING REWARDS RATES.

Risk notice, acknowledgement and acceptance

You hereby acknowledge that you have carefully assessed your financial situation and risk tolerance, and as a consequence, you have conducted any additional research, or asked advice, as you may have deemed necessary after reading the foregoing Disclaimer. You agree to assume responsibility for any of the risks, assumptions and decisions involved in using Floki Staking Protocols. You warrant and accept that you understand these risks.

Market risk of digital assets. Market risk is a very pronounced risk factor in digital assets. You hereby agree that you understand, assume, acknowledge and accept your exposure to all Market risks of digital assets, including Floki SDA:

High volatility. The market value of digital assets is often volatile. Some of the reasons for the volatility are the small market capitalization compared to traditional capital markets, the risk of sudden regulatory changes, trend cycles or the performance of the market for traditional investments.

Regulatory risks

The legal framework surrounding digital assets is still uncertain in many countries and so far, digital assets have seen to be regulated differently across countries. This non-uniform treatment and new, potential legal measures exposes Floki SDA to the risks of non-compliance with law, risks of change in the methodology of Floki SDA and transactions with such assets being classified differently leading to delisting of an Floki SDA by an exchange, DeFi or Staking, and restricted trade- and transferability which ultimately affect the value of the Floki SDA and can lead to penalties or fines.

Market abuse. As outlined above, the market for digital assets is still emerging and subject to a varying or non-existing regulation. As such, not all market participants, including the Issuer offer the safeguards of traditional markets to prevent market abuse (i.e. fraud, market manipulation or insider trading). Such market abuse may lead to depreciation of the market value of Floki SDA and cryptocurrencies resulting in partial or total loss of your cryptocurrency funds and Applicable Digital Assets.

Market risk is constant. Digital asset exchanges, whether centralized or decentralized, are often open around the clock seven days a week. This means that the digital assets, including Floki SDAs, are subject to a constant market risk as trading never halts.

Technical risks. The technological design of the Networks, Floki SDA, DeFi and Staking comes with a variety of different risks. You hereby agree that you understand, assume, acknowledge and accept your exposure to all Technical risks:

Governance and Voting

For certain Floki SDA, the Floki protocols may offer stakers the ability to vote on matters related to the governance of protocol-level issues. Floki may or may not support voting for such assets, and may cease supporting voting at any time in its discretion. In certain cases, Floki may vote on your behalf where Floki or the applicable protocol does not support delegated voting. In such instances, Floki will vote in favor of the decision that it believes supports the most use cases for Floki users.

Suspension or Termination

You agree and understand that we may, in our sole discretion, change, suspend, discontinue, or terminate any aspect of our Staking service, or its availability to you, at any time.

Warranties and Limitation of Liability

You represent and warrant that you have the requisite authority to enter into this Staking Agreement according to its terms, and its performance does not violate any laws, regulations, or agreements applicable to you.

THE STAKING SERVICE IS PROVIDED ON AN “AS IS” BASIS. YOU AND YOUR AFFILIATES DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, OR OF NON-INFRINGEMENT OR ANY OTHER VIOLATION OF ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. WE AND OUR AFFILIATES DO NOT GUARANTEE OR MAKE ANY WARRANTY CONCERNING THE ACCURACY OR RELIABILITY OF THE STAKING SERVICE, AND DISCLAIM ANY AND ALL LIABILITY (WHETHER IN TORT OR CONTRACT OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS OR DAMAGE ARISING FROM ANY DELAY OR LOSS OF ACCESS TO THE STAKING SERVICE, OR OTHERWISE IN CONNECTION WITH THE STAKING SERVICE, STAKING REWARDS, OR STAKED DIGITAL ASSETS.

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, AND NOTWITHSTANDING ANY OF THE FOREGOING, WE WILL HAVE NO LIABILITY UNDER THIS STAKING AGREEMENT.

Indemnification

In no event shall Floki be liable for any act, omission, error of judgment, or loss suffered by you in connection with this Staking Agreement or your use or attempted use of the Staking service. You agree to indemnify and hold us and all Floki Service Providers harmless from or against any or all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, costs, expenses (including reasonable attorneys’ fees), claims, disbursements or actions of any kind and injury (including death) arising out of or relating to your use of the Staking service or otherwise arising under this Staking Agreement.

Governing Law

This Staking Agreement, your use of Staking, your rights and obligations, and all actions contemplated by, arising out of or related to this Staking Agreement shall be governed by the laws of the Republic of Panama, as if this Agreement is a contract wholly entered into and wholly performed within the Republic of Panama.

YOU AGREE THAT ALL ORDERS, TRADES, DEPOSITS, WITHDRAWALS ON Floki STAKING PROTOCOL AND CONTEMPLATED ACCORDING TO THE TERMS OF THIS STAKING AGREEMENT SHALL BE DEEMED TO HAVE OCCURRED IN THE REPUBLIC OF PANAMA AND BE SUBJECT TO THE INTERNAL LAWS OF THE REPUBLIC OF PANAMA WITHOUT REGARD TO ITS CONFLICTS OF LAWS PROVISIONS.

Dispute Resolution

If a dispute should arise between the Parties related in any manner to this Agreement, the Parties agree that the exclusive means to resolve any dispute shall be as follows:

(a) Good Faith Resolution. The Parties will attempt in good faith to resolve any controversy or claim by promptly conferring in negotiations between representatives of both Parties who have authority to settle the controversy. The Parties agree to exchange memoranda setting forth the issue(s) in dispute and that Party’s position thereon, and the name(s) and title(s) of the representatives of that Party. If the matter is not resolved within twenty (20) business days after one Party initiates a request for conference of the representatives, then either Party may request that the dispute be submitted to mediation. The Parties shall appoint a mediator within five (5) business days of a Party’s request for the dispute to be submitted to mediation.

(b) Arbitration. If the Parties determine in good faith that a resolution through mediation does not appear likely, if the Parties fail to appoint a mediator within five (5) business days of a Party’s request for the dispute to be submitted to mediation, or if the dispute is not resolved within twenty (20) business days after the dispute has been submitted to the mediator, then either Party may submit the dispute to binding arbitration in Republic of Panama before a single arbitrator, without the right of appeal, by an arbitrator agreed to between the Parties. Unless otherwise ordered by the arbitrator, the arbitration costs will be shared evenly between the Parties and each Party shall otherwise be responsible for its own expenses incurred to resolve the dispute.

The arbitrator appointed pursuant to this Section shall proceed immediately to hear and determine the question in dispute. The arbitrator shall render an arbitral award on the merits of the dispute not later than thirty (30) calendar days after the close of argument in the arbitration hearing, subject to any extension granted by both Parties. The arbitral award shall contain written reasons and be signed by the arbitrator. The arbitral award shall be final and binding upon the Parties and is not subject to appeal. Upon application, a Party may apply to any court having jurisdiction to enforce the arbitral award as a judgment.

Taxes

Trading of Cryptocurrencies may be subject to various taxes, including, without limitation, Capital Gain tax and Income tax. You are solely responsible for any taxes arising from Trading of Cryptocurrencies and/or using the Services. It is your responsibility to correctly collect and report taxes to your tax authorities in your country of residence.

Early Unstake Penalty

To incentivize long-term staking and maintain network stability, an early unstaking penalty may apply. This penalty, ranging from 5% to 20%, is calculated based on the duration of your staked assets.

• 3 months: 5% penalty
• 1 year: 10% penalty
• 2 years: 15% penalty
• 4 years: 20% penalty

The penalty fee is calculated based on the remaining duration of the locking position and the amount of Floki being unstaked. The penalty fee is deducted from the Floki being unstaked.

This early unstaking penalty is intended to mitigate risks associated with early withdrawals and ensure the long-term health of the network

Floki shall not be liable for any losses incurred due to the application of the early unstaking penalty. You acknowledge and agree that the early unstaking penalty is a necessary mechanism for the proper functioning of the Floki staking system.

Questions, Feedback, and Complaints

If you have any questions, would like to provide feedback, or would like more information about Floki, please feel free to reach out.

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Floki with respect to the Platform and the Services, and supersede all prior and contemporaneous understandings, agreements representations and warranties, both written and oral, with respect to the Platform