TESORO TERMS OF SERVICE

Last Updated: March 31st, 2026

These Terms of Service (“Terms”) apply to your access to and use of (i) the website located at https://www.tesoroxp.com/ (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Tesoro XP, Inc. (“Tesoro”, “we”, “our” or “us”), and (ii) rewards experiences within third-party mobile games applications that are powered by Tesoro (the “Platform”, and, together with the Site, the “Services”).

BY AGREEING TO THESE TERMS, YOU AND TESORO AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH TESORO, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 19(j). If you do not agree to these Terms, do not use our Services.

We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.

We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or posting the updated version on our website with an updated date at the top of these Terms. Unless we say otherwise in our notice, the updated Terms will be effective immediately, and your continued use of our Services after the update takes effect will confirm your acceptance of the changes. If you do not agree to the updated Terms, you must immediately stop using our Services.

About Tesoro

The Platform integrates with participating third-party mobile applications (each, a “Game”) and gives you the opportunity to earn in-Game rewards such as in-Game virtual currency (“Rewards”) when you participate in challenges (“Missions”) by making purchases at participating third-party retailers and merchants (each, a “Merchant”) using a connected payment method.

Eligibility and Use Restrictions

Your Information

You may provide certain information to Tesoro in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Tesoro via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Tesoro in connection with the Services is accurate.

For information about how we collect, use, share and otherwise process information about you, please see our [Privacy Policy].

Accounts

You must create an account with Tesoro in order to participate in Missions and earn Rewards. You may not share or permit others to use your individual account credentials. You will promptly update any information contained in your account if it changes. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission.

User Content

Prohibited Conduct

Mission Listings

The Services may feature descriptions of Missions that may include images, videos, or descriptions of Merchants’ products or services and the Rewards that can be earned (“Listings”). The availability through the Services of any listing, description, or image of a third-party product or service does not imply our endorsement of it. Despite our efforts, Listings may occasionally be inaccurate, incomplete, or out of date. Such Listings and the availability of any product or service (including the validity or amount of any Reward) are subject to change at any time without notice.

Platform Terms

Promotions

Any sweepstakes, contests, raffles, surveys, games, or similar promotions (collectively, “Promotions”) made available through the Services may be governed by rules that are separate from these Terms. If the rules for a Promotion conflict with these Terms, the Promotion rules will govern with respect to the Promotion.

Ownership; Limited License

The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Tesoro or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Sections 5 and 6), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for your own personal, noncommercial use. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. The Platform is licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the Platform. All rights to the Games are retained by their respective owners and your use of the Games is governed by their terms.

Trademarks

Tesoro and our logos, product or service names, slogans, and the look and feel of the Services are trademarks of Tesoro and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.

Feedback

You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Tesoro or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in Tesoro’s sole discretion. Tesoro will exclusively own all improvements to, or new, Tesoro products, services, or Services based on any Feedback. You understand that Tesoro may treat Feedback as nonconfidential.

Designated Agent:Copyright Department

Address:1606 Headway Cir STE 19077

Austin, TX 78754

Telephone Number:+1 (512) 861-1514

Email Address:dmca@tesoroxp.com

Please see Section 512(c)(3) of the DMCA for the requirements of a proper notification. If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be effective. If you knowingly materially misrepresent that any activity or material on our Services is infringing, you may be liable to Tesoro for certain costs and damages.

Third-Party Content

Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Tesoro and our subsidiaries and affiliates, and each of our respective officers, directors, agents, partners, and employees (individually and collectively, the “Tesoro Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs arising out of or related to (a) your access to or use of the Services; (b) your Feedback; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with the Services. You will promptly notify Tesoro Parties of any third-party claims, cooperate with Tesoro Parties in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including attorneys' fees). The Tesoro Parties will have control of the defense or settlement, at Tesoro's sole option, of any third-party claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Tesoro or the other Tesoro Parties.

Disclaimers

Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including Listings, Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Tesoro disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Tesoro does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Tesoro attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Tesoro, Tesoro Parties, and Tesoro’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.

Limitation of Liability

Release

To the fullest extent permitted by applicable law, you release Tesoro and the other Tesoro Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between yourself and any third parties, including any Games and Merchants. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Dispute Resolution; Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND TESORO TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND TESORO CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND TESORO FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND TESORO AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. TESORO AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.

YOU AND V EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.

FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 19(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.

You must send any Claimant Notice to Tesoro by certified mail, addressed to Tesoro XP, Inc., Attn: Legal Department, 1606 Headway Cir STE 19077, Austin, TX 78754 or by email to legal@tesoroxp.com. Tesoro will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Tesoro. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.

No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Tesoro files an Arbitration Demand without complying with the requirements in this Section 19, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.

To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.

These Terms affect interstate commerce, and the enforceability of this Section 19 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Tesoro to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).

Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Tesoro by certified mail addressed to Tesoro XP, Inc., Attn: Legal Department, 1606 Headway Cir STE 19077, Austin, TX 78754 or by email to legal@tesoroxp.com. Tesoro will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Tesoro.

The arbitration will be conducted by a single arbitrator in the English language. You and Tesoro both agree that the arbitrator will be bound by these Terms.

For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.

The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Tesoro agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.

Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.

If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.

If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30]) that comply with Section 19(b) to proceed in arbitration in the same manner as described in Section 19(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.

Governing Law

Any dispute, claim, or controversy that arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Texas, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy that arises from or relates to these Terms is not subject to arbitration pursuant to Section 19, then the state and federal courts located in Travis County, Texas, will have exclusive jurisdiction. You and Tesoro waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.

Modifying and Terminating Our Services

We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Tesoro in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.

Severability

If any portion of these Terms other than Section 19 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.

Export Control

You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.

Miscellaneous

Additional Terms Applicable to Mobile Devices

The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system (the “iOS App”) developed by Apple Inc. (“Apple”).

Tesoro XP, Inc.

1606 Headway Cir

STE 19077

Austin, TX 78754

legal@tesoroxp.com