Effective: September 11, 2017

Welcome to Kik!

Thanks for signing up to use the products, including our Kik messenger mobile application, and services (together, we’ll call these the “Services”) of Kik Interactive, Inc. (“Kik”), and any of our subsidiaries with authorized links to this Agreement (collectively, with Kik, the “Kik Group”).

This Terms of Service Agreement (or “Terms” for short) describes the rules of Kik’s relationship with you and is a legal agreement, so please read it carefully. By using the Services, you agree to the Terms. If you don’t agree with the Terms, please don’t use any of the Services.

BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, AND/OR USING OUR SERVICES, INCLUDING DOWNLOADING OUR KIK MESSENGER APPLICATION, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS TERMS OF SERVICE AGREEMENT.

WE WANT TO LET YOU KNOW THAT THE TERMS INCLUDE AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS. PLEASE READ SECTIONS 15 AND 16 CAREFULLY.

Who Can Use the Services

You must be at least 13 years old to use the Services. If you are not yet legally considered an adult where you live (known as the age of majority), you may only use the Services if your parent or guardian agrees to these Terms on your behalf.

By using any of the Services, you are accepting this Terms of Service Agreement and you confirm that you have the right and capacity to enter into this Terms of Service Agreement.

Your Rights to Use the Services

Kik grants you a personal, worldwide, royalty-free, non- transferable, non-exclusive, revocable, non-sublicensable license to: (a) access and use the Services for your non-commercial use or internal business use; (b) download, install and use the Kik messenger application on one or more mobile device(s) (e.g. cell phone and/or tablet), which natively executes an operating system supported by Kik, and that you own or control for your non- commercial use or internal business use; and (c) use products or services that you purchase and use within the Kik messenger application (“In-App Products”) solely within such application (the “License”). The License lets you enjoy the Services in a way that these Terms and our other policies, such as our Community Standards, allow.

You agree that any software that we provide you, including the Kik messenger application, may automatically download and install upgrades, updates or other new features and regularly send log information to our servers. You may be able to adjust these automatic downloads through your mobile device settings. These updates and upgrades are designed to improve and enhance our Services and can include bug fixes, enhancements and new modules.

You may not sell, rent, lease, assign, distribute, copy, modify or host any part of our Services. As well, you can’t adapt, merge, make derivative works of, disassemble, decompile, reverse compile, attempt to discover the source code or reverse engineer any part of the Services, except to the extent these restrictions are expressly prohibited by applicable law.

Rights You Give Us

Some of our Services let you create, upload, post, send, receive and store content (“User Content”). When you do that, you keep the ownership rights you had in your User Content to begin with. But you grant us a non- exclusive, royalty-free and fully paid, irrevocable, worldwide license, with the right to grant sublicenses, to reproduce, distribute, host, display, and otherwise use the User Content for the purpose of operating, developing, providing and improving the Services, researching and developing new products and services and using your User Content as described in the Privacy Policy. When you chat in a group or with a bot that relays your chats to others, you also give us a license to distribute, publish and promote your User Content in the group or through the bot, including to share your User Content with the operator of the bot.

While we aren’t required to, we may review, screen and delete your User Content at any time if we think it may violate these Terms. You are responsible for the User Content that you send through the Services, including for back up of such content.

The Services may contain advertisements. In exchange for Kik letting you access and use the Services, you agree that Kik and its affiliates and third party partners may place advertising on the Services.

We’re always happy to hear from you but if you volunteer any feedback or suggestions about Kik or the Services, you agree that you will not submit to us any feedback or suggestions that you consider to be confidential or proprietary and that we can use your feedback and suggestions in any manner we deem is appropriate without compensating you.

Privacy

Your privacy matters to us. You can learn more about how we handle your information when you use our Services by reading our Privacy Policy . We encourage you to read it carefully because by using our Services you agree that Kik can collect, use and share your information in the ways described in that policy.

Safety and Respecting the Rights of Others

You may not upload, post, send, comment on or store User Content that:

violates or infringes any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; is false, intentionally misleading, illegal or promotes an illegal activity or that impersonates any other person or entity, including Kik; is bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, or graphic or gratuitous violence, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; is harmful to minors in any way or targeted at persons under the age of 13; spams or solicits Kik users to purchase anything; requests any form of identification or illegal content from Kik users; or interferes with the positive experience of other users of the Kik platform, in Kik’s discretion.

You agree not to use the Services to:

upload or distribute any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; collect information or data regarding other users, including email addresses or usernames, without their consent (e.g. using harvesting bots, robots, spiders, or scrapers); disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Services (e.g. a denial of service attack); attempt to gain unauthorized access to the Services or servers or networks connected to the Services (e.g. through password mining); or interfere with another user’s use and enjoyment of the Services.

Your Account

You are responsible for anything that happens in your account, so please keep it secure. Keeping a strong password that you haven’t used for other accounts is one good way to do this. You agree that the registration information you give to Kik is true and that you’ll keep it up to date.

Also, you agree that you will not:

create another account if we’ve disabled one you had unless you have our written permission first; buy, sell, rent or lease access to your Kik account or username unless you have our written permission first; share your account password with anyone; log in or try to log in to access the Services through unauthorized third party applications or clients.

If you think someone has gained access to your account, please contact our Trust & Safety team at safety@kik.com .

Data Charges

You are responsible for any mobile charges when you use the Services including data charges for use or the Services and/or updates or upgrades of new versions of the Services. If you’re not sure what those charges may be, please ask your provider before using the Services.

Copyright

Our policy allows copyright owners to request removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights.

If you believe that one of our users is using Kik to unlawfully infringe the copyright(s) in a work, and want to have the material removed, please provide the following information in writing to our Copyright Agent:

your physical or electronic signature; identification of the copyrighted work(s) that you claim to have been infringed; identification of the material on our Services that you claim is infringing and that you request us to remove; sufficient information to permit us to locate such material; your address, telephone number, and e-mail address; a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentations in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

Our Copyright Agent is:

Kik Interactive, Inc.

Attn: CCO, Kik Interactive Inc.

420 Weber Street North, Suite I Waterloo, Ontario

N2L 4E7 Canada

Email: legal@kik.com

Kin Currency; Reward Program

Kik plans to award Kin cryptocurrency tokens (“Kin Tokens”) to a select group of users who are active within the Kik user community (“Reward Program Holders”). Initially, Kin Tokens will be awarded to users in Kik’s discretion, although Kin may advertise the availability of certain pre-determined Kin Token awards to all users of the Kik Services. The Kin Tokens awarded to Kik users during this initial product launch are referred to as the “Reward Kin Tokens” and the initial product launch is referred to as the “Reward Program.” You can get more information regarding the Reward Program at here .

Third Party Services

If you use a service, feature, product or content offered by a third party (including those we jointly offer with a third party), such as most Bots, Kik Optimized Pages, In-App Products, or payment processing services offered by a third party (all together the “Third Party Services”), that third party’s terms will govern their relationship with you. Please read and understand those terms and investigate any features that are important to you before using a Third Party Service. Kik is not responsible or liable for the third party terms or content on Third Party Services or actions taken under the third party’s terms. Kik does not necessarily conduct a detailed review of and makes no promises about the Third Party Services.

Modifying the Services and Termination

We are always improving our Services and creating new ones. We may add or remove features, products or functionality, and we may also suspend or stop the Services at any time without notice.

We can also terminate this Agreement or deactivate your Kik Account, Kik Bot or any group you have created or participated in at any time if we think you’ve violated these Terms or for any reason. We may also reclaim usernames if you’ve been inactive for at least 3 months or have violated these Terms, including by infringing other people’s trademarks.

We will not be liable to you for terminating this Agreement, including for termination of your Kik Account or deletion of your content. No matter who ends this agreement, you and Kik will continue to be bound by Sections 3 (Rights You Give to Us), 4 (Privacy), 5 (Safety and Respecting the Rights of Others), 8 (Copyright), 9 (Kin Currency; Reward Program), 10 (Third Party Services), 11 (Modifying the Services and Termination), 12 (Additional Terms for Specific Services),13 (Disclaimers), 14 (Limitation of Liability), 15 (Choice of Law & Exclusive Venue), 16 (Resolution of Disputes), 17 (Severability), and 18 (Final Terms).

Additional Terms for Specific Services

Since we have a growing number of Services, we sometimes need to describe additional terms for specific Services. Those additional terms and conditions, which are available with the relevant Services, then become part of your agreement with us if you use those Services. For additional information on how our Services work, you can visit our Help site located here .

Disclaimers

THE SERVICES ARE PROVIDED “AS-IS” AND AS AVAILABLE AND KIK GROUP (AND ITS SUPPLIERS) EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, STABILITY, ACCURACY, OR NONINFRINGEMENT. KIK GROUP (AND ITS SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES: (A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. KIK GROUP IS NOT RESPONSIBLE FOR ANY THIRD PARTY CONDUCT OR USER CONTENT ON ITS SERVICES.

Limitation of Liability

IN NO EVENT WILL KIK GROUP BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM THIS AGREEMENT, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS, OR FOR ANY DAMAGES RELATED TO LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, OR LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE AND EVEN IF KIK GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITES, PRODUCTS OR THIRD PARTY SITES AND PRODUCTS ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, KIK GROUP’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT, THE SITES AND PRODUCTS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF: (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) AMOUNTS YOU’VE PAID KIK GROUP IN THE PRIOR 12 MONTHS (IF ANY). IN NO EVENT WILL KIK GROUP’S SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR DAMAGES DESCRIBED ABOVE, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO LIABILITY OF KIK GROUP FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A MEMBER OF KIK GROUP’S NEGLIGENCE; OR FOR (B) ANY INJURY CASUED BY A MEMBER OF KIK GROUP’S FRAUD OR FRAUDULENT MISREPRESENTATION.

Choice of Law & Exclusive Venue

These Terms are governed by the laws of Ontario, Canada aside from its conflict of laws principles. Where the Terms allow claims to be resolved in Court, you agree to submit to the personal jurisdiction of the courts located within Ontario, Canada for the purpose of litigating all claims or disputes related to injunctions sought by us or other equitable relief to protect our intellectual property rights in any court of competent jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Resolution of Disputes

Mandatory Arbitration. Any dispute or claim between you and us relating to or arising out of the Services or the Terms (except for small claims court matters or the injunctive or other equitable relief mentioned in Section 15 above), will be referred to and determined exclusively through binding confidential arbitration conducted in Toronto, Ontario, Canada, unless you are a resident of the United States, in which case the arbitration will be held in a location within 100 miles of your residence, unless the parties agree otherwise.

The arbitration will be held on an individual basis, before a single arbitrator and in accordance with the applicable Ontario arbitration statute (the Arbitration Act, 1991, S.O. 1991, c.17, as amended, or the International Commercial Arbitration Act, R.S.O. 1990, c. I.9, as amended, or such other statute that may be enacted). The arbitration will not be open to the public or media and all evidence discovered or submitted is confidential and may not be publicly disclosed, except as needed to enforce an arbitral award.

Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the arbitration rules. You and Kik Group may also take claims to small claims court in Toronto, Ontario, Canada if the dispute qualifies for hearing by that court. BY ENTERING INTO THIS AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT ANY CLAIMS, EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT.

You and Kik Group also agree that: (i) you and Kik Group will each pay such portion of the costs of the arbitration (which consists of each party’s legal expenses, the fees and expenses of the arbitrator, and any other expenses related to the arbitration) as determined by the arbitrator; (ii) the arbitrator may, in making an award of costs, consider whether costs are prohibitive compared to litigating in a court, and may require Kik Group to pay a greater portion of the fees and expenses of the arbitrator, or the travel expenses of you or any witness, in which case Kik Group will pay as much of your arbitration costs as the arbitrator deems necessary to prevent such cost-prohibitiveness; (iii) the arbitrator will honor claims of privilege and privacy recognized at law; (iv) the arbitrator may award any individual relief or individual remedies that are permitted by applicable law; and (v) the arbitrator’s award will be final and non-appealable, but may be enforced in any court of competent jurisdiction.

Jury Trial Waiver. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. Class Action Waiver. THE ARBITRATION WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF. Right to Opt Out. You have the right to opt out of this agreement to arbitrate by sending written notice of your decision to opt out, postmarked within 30 days of the date this Agreement, to the address listed in Section 8 (above). Your written notice must include your Kik user name and the email address you used to sign up with your Kik account. If you send written notice, then the mandatory arbitration provisions in this Agreement will not apply to you or Kik Group. IF YOU DO NOT SEND THIS WRITTEN NOTICE, THEN YOU AGREE TO BE BOUND BY THE MANDATORY ARBITRATION PROVISIONS IN THIS AGREEMENT.

Severability

If any part of these Terms is found to be invalid, illegal or unenforceable for any reason, then that provision will be eliminated or limited to the maximum extent such that the remaining provisions of these Terms will continue in full force and effect.

Final Terms

All rights not granted to you are reserved by Kik Group and all intellectual property in the Services is owned or licensed by us. Vidyo technology is covered by one or more issued or pending United States patents, as more fully detailed on the Patent Notice page of Vidyo’s website http://www.vidyo.com/about/patent- notices/, as well as issued and pending international patents.

These Terms are the final, complete and exclusive agreement between you and Kik Interactive Inc. and supersede all prior agreements between us.

If we don’t enforce a part of these Terms, it will not be considered a waiver. You can’t transfer your rights or obligations under this agreement without our consent. The word “including” means including without limitation. We may assign the Terms in connection with a merger, acquisition, reorganization or sale of all or substantially all of its assets, or bankruptcy or other operation of law, without your consent.

If we need to contact you about these Terms, you: (1) agree to receive electronic messages from us; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other messages we send to you electronically satisfy all legal requirements as if they were in writing. We agree that these Terms and all related documents are in English.

Contact Us

Kik welcomes your comments, questions and suggestions. Please send us feedback at privacy@kik.com .