TERMS OF SERVICE

By accessing or using ShiftCartel (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, do not use the Platform. These Terms apply to all visitors, users, and creators who access or use the Platform. ShiftCartel is operated by Born to DIY Performance Parts, LLC, located at 201 S Las Vegas Blvd, Las Vegas, NV 89101. References to "we," "us," or "our" refer to Born to DIY Performance Parts, LLC.

ShiftCartel is a creator commerce platform that allows automotive enthusiasts ("Creators") to document vehicle builds, tag performance parts, generate QR codes, and earn commission on sales driven through their referral links. The Platform also serves as a marketplace for end consumers to discover and purchase automotive parts.

To become a Creator, you must create an account and complete the onboarding process. You agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate accounts that violate these Terms, engage in fraudulent activity, or misrepresent their identity or vehicle builds.

By uploading photos, descriptions, build information, or other content to the Platform ("Creator Content"), you grant ShiftCartel a non-exclusive, worldwide, royalty-free license to use, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You represent and warrant that: (a) you own or have the necessary rights to the Creator Content; (b) the Creator Content does not infringe any third-party intellectual property rights; and (c) the Creator Content is accurate and not misleading. We reserve the right to remove any Creator Content that violates these Terms or that we determine, in our sole discretion, is inappropriate.

Creators earn commission on qualifying purchases made through their referral links or QR codes. Commission rates are determined by tier level (Pit Crew: 5%, Pro Builder: 8%, Cartel Boss: 12%) and are subject to change with 30 days' notice. Qualifying purchases exclude: self-referral purchases, returned or refunded orders, fraudulent transactions, and orders placed using promotional codes not authorized for creator use. Commissions on returned orders will be reversed. Commissions are paid monthly on the 15th of the following month, subject to a minimum payout threshold of $25. We reserve the right to withhold payment pending investigation of suspected fraudulent activity.

You agree not to: (a) use the Platform for any unlawful purpose; (b) engage in self-referral fraud or any manipulation of the commission system; (c) upload false, misleading, or defamatory content; (d) impersonate any person or entity; (e) use automated tools to artificially inflate scan or click counts; (f) scrape, crawl, or systematically extract data from the Platform; or (g) interfere with the security or integrity of the Platform. Violation of these prohibitions may result in immediate account termination and forfeiture of any unpaid commissions.

The ShiftCartel name, logo, design, and all Platform content (excluding Creator Content) are the property of Born to DIY Performance Parts, LLC and are protected by applicable intellectual property laws. You may not use our trademarks or branding without prior written consent.

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PART FITMENT INFORMATION IS PROVIDED FOR REFERENCE PURPOSES. WHILE WE MAKE EVERY EFFORT TO ENSURE ACCURACY, WE RECOMMEND VERIFYING FITMENT WITH A QUALIFIED INSTALLER BEFORE PURCHASE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BORN TO DIY PERFORMANCE PARTS, LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE PLATFORM OR ANY PRODUCTS PURCHASED THROUGH IT. OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM OR (B) $100.

These Terms are governed by the laws of the State of Nevada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the state or federal courts located in Clark County, Nevada.

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Platform and updating the "Last Updated" date below. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.

For questions about these Terms, contact us at: Born to DIY Performance Parts, LLC 201 S Las Vegas Blvd Las Vegas, NV 89101 [email protected]