Version 1.2 · Updated April 2026

Terms of Use

1. Background

(a) The Fortune Engine owns and operates the Platform.

(b) The following terms of use (Terms of Use) govern your access to and use of the Platform and the Services available through the Platform.

(c) By using this Platform and any related Services, you are agreeing to all of the Terms of Use, current as at the time of your use of the Platform.

2. Acceptance

(a) By creating an Account, accessing or using the Platform, you confirm you have read, understood and agreed to these Terms of Use and our Privacy Policy.

(b) Our Platform and Services are not intended for use by minors, being children under 18 years old. You represent and warrant that you are above 18 years old and of legal age in the jurisdiction from which you are accessing our Platform and Services to form a binding contract.

(c) Some services available through The Fortune Engine may be subject to additional terms and conditions issued by us from time to time. Your use of those services is subject to those additional terms, which form part of and are incorporated into these Terms of Use. If there is any inconsistency between these Terms of Use and the additional terms applying to a specific service, the additional terms will prevail to the extent of the inconsistency.

3. Amendments to Terms of Use

(a) The Fortune Engine reserves the right in its sole discretion to modify, amend or replace these Terms of Use from time to time, which will be effective immediately.

(b) Where practicable we will endeavour to notify you of the amendments to the Terms of Use. We suggest you check the Terms of Use regularly to ensure you are aware of the most up to date terms.

(c) Your continued use of the Platform following any such amendment will represent an agreement by you to be bound by the amendments to the Terms of Use, which will be fully enforceable against you, except to the extent of an amendment of the Creator Licence Fee under clause

10.1 (d).

4. The Fortune Engine

4.1. Roles and obligations

(a) You acknowledge and agree that The Fortune Engin e:

(i) acts as the operator of the Platform;

(ii) acts as the publisher and supplier of the Games to Distributors in its own name and as principal; and

(iii) develops, owns and operates the Game Database, Math Models and other Outputs which form part of the Games, whereby the Creator retains ownership of the Game Content, subject to the licence granted to TFE under clause 13.

(b) Subject to these Terms of Use, The Fortune Engine is responsible only for the following:

(i) providing Access to and operation of the Platform;

(ii) creating the Outputs (Game Database and Math Models) for each Game;

(iii) f acilitating the distribution and licensing of Games to third-party D istributors in accordance with Distribution Agreements;

(iv) accounting for and paying the Creator Licence Fee, subject to The Fortune Engine’s receipt of funds from the relevant D istributor.

(i) that any Game will be accepted, featured, promoted or distributed by any D istributor; or

(ii) any minimum level of revenue, sales, users, uptime, availability or performance of a Game.

(d) As between The Fortune Engine and the Creator, the Creator bears the commercial and compliance risk associated with the Game Content, and indemnifies The Fortune Engine pursuant to clause 15 for any liability The Fortune Engine incurs to a Distributor or other third party arising from the Game Content.

(e) For the avoidance of doubt, The Fortune Engine is not responsible for:

(i) the operation, legality or compliance of any Game;

(ii) obtaining or maintaining regulatory approvals for the Games; or

(iii) fulfilling any Creator Obligations (such as warranties, indemnities or exclusivity obligations) assumed by the Creator in favour of a Distributor. 4.2. Professional advice You acknowledge and agree that The Fortune Engine does not provide accounting, tax, legal or financial advice to Creators or any related persons. Creators must obtain their own independent professional advice with respect to these Terms of Use and any Creator Revenue Share received.

5. Platform

5.1. Grant of Access

(a) Subject to sub-clause (b), The Fortune Engine grants you a Licence to use and Access the Platform during the Term.

(b) Access to the Platform is provided on the following conditions:

(i) you must only Access and use the Platform in accordance with the provisions of these Terms of Use;

(ii) you must comply with all reasonable and lawful directions that we may give you from time to time with respect to your use of and Access to the Platform;

(iii) you must cooperate with us in the remediation of any security, unauthorised use or misuse of the Platform and promptly report to us all such matters that you become aware of;

(iv) you must only use the Platform for the purposes intended under these Terms of Use; and

(v) you must protect all our Intellectual Property Rights in the Platform and Outputs at all times from unauthorised access, use or damage. 5.2. Prohibitions Access to the Platform is provided to you on the basis that you must not:

(a) use the Service for unlawful activities or to violate any law, regulation or third-party right s;

(b) except as expressly permitted by these Terms of Use or applicable laws, directly or indirectly, copy, reproduce, modify, attempt to decompile, cross-compile, disassemble, reverse engineer, or use any other means to discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Platform, or otherwise infringe our Intellectual Property Rights;

(c) circumvent technical restrictions or protections implemented by The Fortune Engine, including distribution and reporting mechanisms;

(d) modify or remove any copyright or proprietary notices on the Platform or Outputs;

(e) transmit or distribute a virus, trojan, malware or any other harmful code or material which is malicious, in breach of confidence or in any way offensive or obscene;

(f) use any automated processes or means to a ccess the Platform;

(g) interfere with the operation or security of the Platform; or

(h) attempt to cause stress or detriment to the proper working of the Platform, such as by acting in any way likely to cause an unreasonable strain to the infrastructure. 5.3. Platform Updates

(a) We are continually improving and evolving the Platform and may modify, suspend or discontinue any part of it (including specific functions and features) on a temporary or permanent basis without liability and without further notice to you.

(b) The Service may occasionally be unavailable due to technical issues, maintenance, testing or updates, including updates required to comply with changes in laws or regulatory requirements. We will not be liable if for any reason this Platform is unavailable at any time or for any period. 5.4. Support

(a) We will use our best endeavours to provide support services to you as soon as reasonably practicable after a request being made.

(b) Support services provided under these Terms of Use do not include any dealings with or responding to issues related to your own systems. You are solely responsible for obtaining and maintaining all systems needed to Access or use the Platform. 5.5. Data storage All Data obtained by the Platform and all Outputs generated by the Platform are stored in a cloud-based data storage solution and will be accessible only within the Platform.

6. Account

6.1. Contracting entity

(a) Each Account must be established and maintained on behalf of a registered business (the Contracting Entity), operating in a recognised jurisdiction and linked to a valid business registration number or equivalent official identifier applicable in that jurisdiction (for example, an ABN is required in Australia).

(b) You represent and warrant that you:

(i) have full authority to create and operate the Account on behalf of the Contracting Entity;

(ii) to the extent you purport to accept these Terms of Use and are not duly authorised to do so, you will be liable in your personal capacity and will indemnify us against any loss suffered as a result of such purported acceptance. 6.2. Account creation You must, and must procure that each of your Personnel;

(a) use the Account solely on behalf of the registered entity to which it is linked;

(b) not transfer, assign, sublicense or otherwise permit use of an Account by any other person or entity;

(c) maintain the confidentiality and security of all login credentials and any information that enables access to the Account;

(d) immediately notify us of any known or suspected unauthorised use of an Account or security breach, including loss, theft or unauthorised disclosure of credentials; and

(e) take all reasonable steps requested by us to prevent or remediate unauthorised access, including updating credentials or security settings.

7. Exclusion of warranties

(a) The Platform is provided on an “as is” and “as available” basis, without any warranties of any kind, whether express or implied. This includes (but is not limited to) implied warranties of title, non-infringement, merchantability, fitness for a particular purpose and any warranties that may arise from course of dealing or trade practice-all of which are expressly disclaimed.

(b) The Fortune Engine and its Personnel do not guarantee that:

(i) the Platform will be secure or available at any specific time or location

(ii) any defects or errors will be corrected; or

(iii) any content or software available through the Platform will be free of viruses or other harmful components.

(c) Some jurisdictions do not allow the exclusion of certain warranties or limitations due to statutory rights of a consumer. In such cases, the exclusions and limitations in this section may not apply to you, and nothing in these Terms will affect your statutory rights.

8. Data protection & privacy

(a) The Fortune Engine will handle data and privacy requirements in accordance with its Privacy Policy, the Privacy Act 1988 (Cth), and the GDPR. This clause is in addition to, and does not relieve, remove or replace a party’s obligations or rights under the legislation.

(b) While we apply commercially reasonable measures to operate and secure the P latform, you acknowledge that online platforms are subject to inherent technological risks. The Fortune Engine is not liable for any loss or damage arising from:

(i) distributed denial-of-service (DDoS) attacks;

(ii) viruses, malware, or other technologically harmful material; or

(iii) unauthorised access or interference with systems or data, arising from your use of the Platform or from downloading or accessing any material made available through it. DISTRIBUTION TERMS

9. Distribution paths & exclusivity

9.1. Availability of Distribution Paths

(a) The Fortune Engine offers access to multiple di stribution paths for Games, which may include:

(i) direct integrations with casinos or operators;

(ii) distribution through aggregators; and

(iii) distribution through Remote Gaming Servers (RGS) or similar third-party platforms (together, Distribution Paths)

(b) Availability of a D istribution Path is subject to technical, commercial, regulatory and compliance considerations.

(i) casino or operator lists;

(ii) supported markets or territories;

(iii) commercial terms; or

(iv) technical or regulatory requirements.

(d) You acknowledge and agree that such changes are outside of our reasonable control and The Fortune Engine is not liable for any impact on distribution, revenue or availability of a Game resulting from such changes. 9.2. Distribution Agreements

(a) You acknowledge and agree that each Distribution Path made available through the Platform operates under its own Distribution Agreement between The Fortune Engine and the applicable D istributo r.

(b) Those agreements may dictate, without limitation:

(i) the agreed percentage of Net Game Revenue to be taken by the Distributor for their services;

(ii) defined territory lists (including specific casinos, operators or markets available);

(iii) exclusivity obligations;

(iv) technical, regulatory and operational requirements; and

(v) other specific commercial terms. 9.3. Creator Obligations

(a) When you select a Distribution Path for a Game, you agree that you will be required to be bound by the warranties, indemnities, exclusivity obligations and enforcement provisions of that Distributor via a Game Supplier Form or the Distributor’s own terms of use (Creator Obligations).

(b) You agree that, in order to publish a Game via a Distribution Path you will:

(i) agree to the Creator Obligations required by the relevant Distributor without amendment, qualification, side letter or limitation unless expressly approved in writing by the Distributor; and

(ii) authorise The Fortune Engine to deliver an executed Game Supplier Form and other required documentation to the Distributor.

(i) provide reasonable cooperation to The Fortune Engine and the Distributor in connection with any claim, investigation, audit or enforcement action relating to the Creator Obligations;

(ii) promptly provide information, documents and assistance reasonably requested in connection with the enforcement of your warranties or indemnities; and

(iii) not take any action that would frustrate or delay enforcement of The Fortune Engine’s or the Distributor’s rights.

(d) You acknowledge and agree that:

(i) the Creator Obligations are provided for the direct benefit of the Distributor and the Distributor is entitled to rely on and enforce it against you independently of these Terms of Use;

(ii) those obligations apply regardless of any termination, suspension or expiry of these Terms of Use;

(iii) you will not enter into any agreement (including with The Fortune Engine or any third party) that limits, excludes, or impairs the distributor’s ability to enforce the Creator Obligations.

(e) If there is any inconsistency between these Terms of Use and any warranty, indemnity or obligation required by a Distributor under (c), the obligations required by the Distributor shall prevail. 9.4. Exclusivity

(a) Certain D istribution P aths may be exclusive, meaning that the Game cannot be distributed through any other channel. The Fortune Engine will clearly indicate whether a Distribution Path is exclusive or non-exclusive.

(b) You must not, directly or indirectly:

(i) distribute the Game yourself;

(ii) distribute the Game through another RGS, aggregator or operator; or

(iii) enter into any arrangement that circumvents or undermines the exclusivity of a chosen D istribution P ath. 9.5. Rights to Manage Distribution Paths

(a) Without liability, The Fortune Engine may:

(i) add, modify, suspend or withdraw available Distribution Paths;

(ii) restrict or exclude your access to certain D istribution P aths based on compliance, legal, regulatory or commercial risk considerations;

(iii) require migration of a Game to a different path where necessary to maintain compliance or distribution continuity; or

(iv) decline to offer certain Distribution Paths for specific Games or Creators.

(b) During any period of suspension or removal:

(i) revenue for the affected Game may reduce or cease, and we will not be liable for any loss of anticipated or future revenue resulting from the suspension/removal; and

(ii) we will continue to account and pay for any revenues validly received for the Game up to the point of suspension, subject to our payment terms. 9.6. Disclosure of dealings with Distributors

(a) In this clause, ‘Dealing’means any relationship, agreement, negotiation or discussion (written or oral, binding or not) between you (or your Personnel) and a Distributor concerning the supply, licensing, distribution, integration or commercial exploitation of any Game.

(b) You must notify us in writing, within five (5) Business Days of becoming aware, of any personal Dealing with a Distributor that is current, prospective, or that existed at any time in the twelve (12) months before you accepted these Terms of Use. This applies whether or not the Dealing relates to a Game distributed through The Fortune Engine or whether or not the dealing relates to a Distributor that is, or has been, a Distributor of The Fortune Engine. Each notice must identify the Distributor, the subject matter, the status and the material terms.

(c) You must not, without The Fortune Engine ’s and the relevant Distributor's prior written consent, agree or commit to any commercial terms with an other Distributor (including licence fees, exclusivity or rights of first refusal), or enter into any arrangement that bypasses The Fortune Engine as supplier of record or the Distributor as contracting distributor.

(d) You may identify and explore Distributor opportunities, provided that:

(i) you comply with paragraph

(b) from the outset;

(ii) any opportunity that proceeds is contracted through The Fortune Engine and an approved Distributor under the Distribution Path provisions of these Terms.

(e) Our receipt of, or failure to object to, a notice under paragraph

(b) is not consent to or approval of the Dealing.

(f) A breach of paragraph

(b) or

(c) constitutes a material breach, entitling The Fortune Engine to suspend distribution, withhold Creator Licence Fees, and/or terminate these Terms.

10. Payments and charges

10.1. Creator Licence Fee

(a) In consideration of the licence granted by the Creator under clause 13 (Intellectual Property Rights), The Fortune Engine will pay the Creator the Creator Licence Fee in respect of each Game equal to ninety per cent (90%) of the Platform Consideration actually received by The Fortune Engine in respect of that Game during the relevant Reporting Period, less the deductions permitted under this clause 10.

(b) The Creator Licence Fee is the entire consideration payable to the Creator for the rights granted to us in respect of the Game. The Platform Consideration is received by The Fortune Engine and is not held on trust for, or as agent of, the Creator.

(c) For the avoidance of doubt, the ten per cent (10%) of the Platform Consideration retained by The Fortune Engine in respect of each Game comprises:

(i) nine per cent (9%) as consideration for The Fortune Engine’s contribution and incorporation of the Outputs (including the Game Database and Math Models) into the Game; and

(ii) one per cent (1%) as consideration for the Platform and Services provided by The Fortune Engine in connection with the distribution of the Game. The Parties agree that this apportionment reflects the commercial substance of the arrangement and shall be applied consistently for accounting, indirect tax and withholding tax purposes.

(d) You acknowledge and agree that we may reasonably vary the Creator Licence Fee from time to time via provision of revised Terms of Use. Subject to any applicable law, by continuing to use the Services and provide the Licence after the change takes effect, you will have accepted the updated Creator Licence Fee.

(e) Any change to the Creator Licence Fee will not affect the percentage payable for Games that have already been published. The published date of the Game on the Platform will constitute evidence of the then current percentage and commercial terms, unless otherwise mutually agreed between the Parties.

(f) The Fortune Engine is not responsible for administering Creator Licence Fee splits with any contractors or collaborators of your Games. You acknowledge and agree that the Creator will be responsible for obtaining and paying any fees or licences to rights holders of a Game which are necessary for the exploitation of th e Game through The Fortune Engine.

(g) You release The Fortune Engine from liability for all disputes arising between you and any collaborators or third-party rights holders of the Games. 10.2. Payment Timing

(a) Subject to clause 10.5, The Fortune Engine will pay the Creator Licence Fee to the Creator within fifteen (15) Business Days of its receipt of the Platform Consideration in cleared funds from each Distributor.

(b) The Creator Licence Fee will be paid to the Creator as a single, consolidated payment per Distribution Path per calendar month, regardless of the number of Games distributed by the Creator through that Distribution Path. For the avoidance of doubt, The Fortune Engine will not make separate payments for each Game-payment will be made once all cleared funds in respect of the relevant Games for that calendar month have been received from the relevant Distributor.

(c) You acknowledge and agree that different Distribution Paths may remit at different times, and accordingly, where you have selected multiple Distribution Paths, you may receive a separate consolidated payment for each Distribution Path within the same month. 10.3. Payment currencies

(a) The Fortune Engine may receive the Platform Consideration from Distributors in multiple currencies, including foreign fiat currencies and cryptocurrencies.

(b) Accordingly, the Creator must provide The Fortune Engine with a nominated bank account in a supported fiat currency and/or a supported cryptocurrency wallet to receive the Creator Licence Fee, as required by each Distribution Path.

(c) Any international transfer or blockchain transaction fees incurred by The Fortune Engine to make payment of the Creator Licence Fee will be deducted from the Creator Licence Fee. 10.4. Taxes

(a) The Creator Licence Fee is inclusive of Value Added Tax (VAT), GST, sales taxes, and any other duties, fees, excises, tariffs and withholding taxes, where applicable. Any taxes incurred or arising as a result of these Terms of Use shall be the sole responsibility of the Creator.

(b) Where The Fortune Engine is required by law to collect, report or withhold any tax from the Creator Licence Fee, it will do so and remit such amounts to the relevant authority. Any such withholding will be deducted from, and is not in addition to, the Crea tor Licence Fee. The Creator agrees to provide any information reasonably required to meet these reporting and withholding obligations.

(a) We may deduct from current or future Creator Licence Fee payments:

(i) chargebacks, refunds, reversals, penalties or clawbacks imposed by D istributors;

(ii) amounts payable by you under these Terms of Use; or

(iii) amounts reasonably required to resolve disputes or suspected breaches.

(b) Without limiting clause 12.3, The Fortune Engine may withhold payments where there is an unresolved dispute, suspected breach, delay in payment by a Distributor, regulatory concern or compliance issue, until such matter is resolved to our reasonable satisfaction. 10.6. Reporting and revenue structure

(a) The Fortune Engine will provide an indication of the Net Gaming Revenue generated by each Creator based solely on performance reports provided by our Distributors for the previous Reporting Period.

(b) You acknowledge and agree that:

(i) due to the complex accounting processes required by Distributors to track revenue through multiple operators, performance report information is indicative only and may be subject to subsequent reconciliation or adjustment;

(ii) we do not warrant the accuracy of any Net Gaming Revenue represented in the Platform;

(iii) payment of the Creator Licence Fee is based solely on actual funds received, cleared and reconciled by us from our Distributors each Reporting Period.

11. Technical issues and support obligations

(a) The Fortune Engine acknowledges that a reasonable level of bugs, minor issues and player or op erator enquiries is normal and expected for live games. However, Games distributed through the Platform must meet acceptable standards of quality, clarity, stability, and support.

(b) In addition to any regulatory or compliance concerns, we may suspend, restrict, or remove a Game from the Platform or from distribution if we reasonably determine that:

(i) the Game suffers from material technical defects, errors or issues (including ambiguous, misleading, or incomplete rules or disclosures) that materially affect gameplay, outcomes, fairness or player trust; and/or

(ii) the Game generates excessive volumes of errors, complaints or customer support enquiries which cannot be reasonably addressed or supported by The Fortune Engine and/or the Creator in an appropriate and timely manner, or create an unmanageable support burden for The Fortune Engine, its D istributors, operators, or partners.

(c) You acknowledge and agree that you are solely responsible for providing timely, professional, and competent technical and customer support in relation to your Games, including:

(i) promptly investigating reported bugs, errors, complaints or incidents;

(ii) supplying fixes, patches, clarifications or explanations when reasonably requested;

(iii) cooperating with The Fortune Engine, distributors, operators, regulators and aggregators in resolving Game-related issues or complaints; and

(iv) updating Game builds, rules text, help screens, payout tables, disclosures, or documentation as reasonably required to address identified issues.

(d) If a provider is unwilling or unable to provide adequate support, or repeatedly fails to respond to issues in a timely manner, The Fortune Engine may:

(i) suspend or remove the affected Game(s); and

(ii) at The Fortune Engine’s discretion, suspend the Creator from Access to the Platform, or terminate the relationship in accordance with the termination provisions of these Terms of Use.

12. Compliance

12.1. Regulatory context

(a) You acknowledge and agree that The Fortune Engine operates a Platform that supports the creation and distribution of Games across a range of markets, including:

(i) regulated iGaming markets, which are subject to strict licensing, compliance and regulatory oversight; and

(ii) non-regulated, crypto-enabled or otherwise more flexible markets, which may be subject to different legal and compliance requirements.

(b) Nothing in these Terms guarantees access to any particular market, jurisdiction or distribution channel.

(i) you must not target or distribute Games to sanctioned countries, restricted territories or prohibited persons;

(ii) you must not make the Games available in any jurisdiction where such activity is prohibited by law, regulation, sanctions or trade restrictions; and

(iii) we do not provide legal advice or assurance regarding regulated markets. 12.2. Identity, business and background checks

(a) The Fortune Engine is required to conduct identity, business and background checks in connection with its Account holders. By accepting these Terms of Use, you expressly consent to:

(i) identity verification and authentication;

(ii) Know Your Customer (KYC) and Know Your Business (KYB) checks, including verification of corporate status, ownership and control;

(iii) Sanctions and fraud screening; and

(iv) ongoing monitoring, re-verification and periodic review during the Term.

(b) The Fortune Engine will conduct (itself or via third-party service providers) the processes outlined in

(a) on:

(i) The entity that holds the ABN under which the Account is registered (the Contracting Entity); and

(ii) each person who holds, directly or indirectly, 25% or more of the equity interests or voting rights in the Contracting Entity, or who otherwise exercises ultimate effective control over the Contracting Entity (each a Beneficial Owner).

(c) Any change notified (or required to have been notified) under clause 13.2(c) entitles The Fortune Engine, in its sole discretion, to conduct further identity, KYC, KYB, sanctions, anti-money laundering, counter-terrorism financing or background checks in respect of the Contracting Entity and/or any relevant Beneficial Owner. You agree to provide, and to procure that each relevant Beneficial Owner provides, all information and documentation reasonably requested by The Fortune Engine for that purpose within the timeframe specified.

(d) You warrant that all information and documentation provided in connection with compliance, verification and due diligence is true, complete, accurate, and not misleading.

(e) You acknowledge and agree that any failure to notify The Fortune Engine in accordance with clause 13.2(c) or any failure to provide the information or documentation requested under this clause within the timeframe specified constitutes a material breach of these Terms of Use and, without limiting any other rights or remedies available to it at law or under these Terms of Use, The Fortune Engine may at its sole discretion (and without liability to you):

(i) suspend your Account and Access to the Platform;

(ii) remove, de-list or restrict the distribution of any or all of your Games from the Platform and any Distribution Path; and/or

(iii) terminate these Terms of Use with immediate effect by written notice to you. 12.3. Sanctions and fraud controls

(a) Where we reasonably suspect money laundering, fraud, sanctions breaches, or other financial crime, we may, without liability:

(i) freeze accounts, balances, or payments until The Fortune Engine is reasonably satisfied that no breach has occurred;

(ii) suspend your Account and Access to the Platform;

(iii) remove, de-list or restrict the distribution of any or all of your Games from the Platform and any Distribution Path

(iv) request additional information or documentation from you.

(b) You acknowledge that such actions may be required to comply with applicable laws, Distributor requirements or internal risk policies. 12.4. Primary provider

(a) You acknowledge and agree that for industry-facing, commercial and regulatory purposes, The Fortune Engine may represent to casinos, aggregators, operators, regulators, and other third-parties that:

(i) we are the publisher of the Games; and

(ii) the Games form part of The Fortune Engine’s content portfolio.

(b) The Parties acknowledge and agree that, notwithstanding our status as the publisher and supplier of record, The Fortune Engine may permit (and grant Distributors a sub-licence to permit) the Creator’s name, logo, studio brand and related Creator-owned mark s (Creator Brand ing) to be displayed in customer-facing materials, lobbies and promotional content as the front-of-customer brand of the Game, in accordance with clause 13.6.

(c) You acknowledge and agree that marketing decisions are subject to the commercial, technical, regulatory and visual requirements of each casino, aggregator or operator. The Fortune Engine makes no guarantee that your Creator Branding will appear in:

(i) casino lobbies;

(ii) provider filters;

(iii) game tiles; or

(iv) promotional or marketing materials controlled by third parties.

13. Intellectual property rights

13.1. Definitions For the purposes of this clause 13, the following definitions apply:

(a) Game Database means the proprietary backend databases, configurations, parameters, probability tables, logic, and related data generated or maintained by The Fortune Engine software, which form the underlying technical foundation on which the Games are built.

(b) Math Models means the mathematical logic, algorithms, probability models, payout structures, and randomisation systems generated or applied through the platform.

(c) Outputs means any Game Database, Math Models or other technical or mathematical output generated through your use of the P latform. 13.2. The Fortune Engine Platform The Fortune Engine owns and retains all right, title, and interest to the Intellectual Property Rights subsisting in:

(a) The Fortune Engine P latform, including all software, source code, object code, algorithms, math engines, tools, workflows, user interfaces, documentation and underlying technology;

(b) all databases, systems, architectures, and technical infrastructure supporting the platform;

(d) all improvements, updates, enhancements, modifications, derivatives and developments of the P latform, whether created before or after your use of the P latform. 13.3. The Fortune Engine Outputs

(a) You acknowledge and agree that:

(i) The Fortune Engine exclusively owns all Outputs; and

(ii) Nothing in these Terms of Use constitutes a transfer or assignment of ownership in the Outputs to you.

(b) Subject to compliance with these Terms of Use and applicable distribution and regulatory requirements, we grant you a non-exclusive, non-transferable right to access, use and reference the Outputs as incorporated by The Fortune Engine into the Game, solely for the purposes of testing, certification, regulatory compliance, marketing approvals, customer support, and the performance of your other obligations under these Terms of Use. You have no right to receive, copy, modify, integrate, distribute or otherwise use the Outputs independently of the Game as integrated by The Fortune Engine. This right terminates if these Terms of Use are terminated or your Game is removed from distribution. 13.4. Third party claims If any person makes any claim alleging that any of The Fortune Engine’s intellectual property infringes the Intellectual Property Rights or Moral Rights of any person, you must:

(a) promptly notify us in writing;

(b) not make any admissions or take any action in relation to the claim without our written consent;

(c) cooperate with, assist and act at all times in accordance with the reasonable instructions of The Fortune Engine, in relation to the claim and any consequent investigations, negotiations, settlement and dispute resolution proceedings. 13.5. Game Content

(a) Unless otherwise agreed, you retain ownership of all Game Content you create and /or contribute to the Games, including:

(i) artwork, animations, characters and visual assets;

(ii) sound recordings, music and audio assets;

(iii) front-end code and user interface elements; and

(iv) narrative, themes and other creative elements.

(b) In consideration for the Creator Licence Fee under clause 10.1, you grant The Fortune Engine an exclusive, worldwide, sub-licensable licence for the term of these Terms of Use to use, reproduce, modify, adapt, integrate, host, distribute, sub-licence, commercialise and exploit the Game Content as part of the Games and as part of The Fortune Engine’s product portfolio supplied to Distributors. 13.6. Creator Branding The Creator hereby grants The Fortune Engine a non-exclusive, worldwide, royalty-free, sub-licensable licence to use the Creator Brand ing for the purposes of marketing, promoting and distributing the Games via the Distributors. 13.7. Your Representations and Warranties By uploading any Game Content you represent and warrant that, and can demonstrate to our full satisfaction upon request that:

(a) you own or control all rights in the Game Content, or parts of the Game Content is public domain or directly licensed to you with rights sufficient to grant the licences in these Terms of Use;

(b) you have full authority to act for all owners of any rights in the Game Content;

(c) you have permission to use the name, likeness, and personal information of any identifiable person featured in the Game Content;

(d) your Game Content and its use under these Terms of Use will not infringe the rights of any third parties;

(e) you are authorised to grant all of the aforementioned rights to the Game Content to The Fortune Engine and any Affiliates or Distributors. 13.8. Moral Rights To the maximum extent permitted by law, you represent and warrant that you have obtained, and you hereby grant, all necessary moral rights consents from authors and contributors to allow The Fortune Engine, its Affiliates, Distributors and its sublicensees to do any act or omission in relation to the Games or Game Content that would otherwise infringe those moral rights, including (without limitation):

(a) reproducing, adapting, modifying, compressing, reformatting or technically altering the content for hosting, testing, certification, distribution or platform integration;

(b) combining the content with other software, databases, systems or platforms (including the Game Database and Math Models);

(d) using excerpts, screenshots, video captures, or demonstrations of the Games for marketing, portfolio or promotional purposes.

14. Confidentiality

(a) A party must not, without the prior written consent of the other, use or disclose the other party's Confidential Information unless expressly permitted or required to do so by law or any regulatory authority.

(b) A party may:

(i) use the Confidential Information of the other party solely for the purposes of complying with its obligations and exercising its rights under these Terms of Use; and

(ii) disclose the Confidential Information to its Personnel or advisers to the extent necessary for them to know the information for purposes related to the agreement between the Parties, but only if reasonable steps are taken to ensure that the confidentiality of the information is retained.

(c) Each party must implement and maintain effective security measures to prevent unauthorised use and disclosure of the other party's Confidential Information while it is in the receiving party's possession or control.

(d) Each party must return, or at the other party's option destroy, all Confidential Information of the disclosing party in the receiving party's possession or control, on the earlier of:

(i) request by The Fortune Engine; or

(ii) termination of these Terms of Use for any reason.

15. Indemnity

15.1. Two-tier liability The Parties acknowledge and agree that the allocation of liability and indemnity under these Terms of Use operates on a two-tier basis whereby:

(a) The Fortune Engine accepts primary contractual liability to each Distributor in respect of the supply of the Games to that Distributor and the Creator has no direct contractual relationship with any Distributor in respect of the supply of the Games other than the Direct Flow-Down warranties and Indemnities given by the Creator under a Game Supplier Form, which operates as set out in clause

15.5 below; and

(b) as between The Fortune Engine and the Creator, the Creator bears the economic risk of, and indemnifies The Fortune Engine (in accordance with the Creator Indemnity below) in respect of, all liability The Fortune Engine incurs to a Distributor or other third party which arises out of, relates to, or is attributable to the Game Content, the Creator’s acts or omissions, or the Creator’s breach of these Terms of Use or any Creator Obligation. 15.2. Creator Indemnity

(a) You agree to indemnify, defend, and hold harmless The Fortune Engine, its Affiliates, and their respective directors, officers, employees, contractors, and agents (Indemnified Parties) from and against all claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees and regulatory costs) arising from or in connection with (directly or indirectly):

(i) any breach by the Creator or its Personnel of these Terms of Use, including any representation, warranty or obligation;

(ii) any breach or alleged breach of any Creator Obligations, including those contained in any Game Supplier Form or otherwise required by a Distributor;

(iii) any claim that the Game Content, or any part of it (excluding the Game Database and Math Models) infringes, misappropriates, or otherwise violates the Intellectual Property Rights or other rights of any third party;

(iv) any failure by the Creator to comply with applicable laws, regulations or industry standards in connection with the Games (including gambling, consumer protection, data protection, and regulatory compliance requirements);

(v) any malicious code, virus, trojan horse, backdoor or other harmful component introduced into or through the Games or any code controlled or supplied by the Creator; and

(vi) any act or omission of the Creator or its Personnel in connection with the Games or these Terms of Use.

(b) The Fortune Engine enters into Distribution Agreements as a principal supplier of the Games and may incur liability to Distributors arising from the Games. To the extent that The Fortune Engine incurs any liability, loss, cost or expense to any Distributor or third party arising from or in connection with any matter described in clause

15.2 (a), the Creator is liable to The Fortune Engine on a full indemnity basis for that liability, loss, cost or expense.

(c) This indemnity extends to claims brought against any Indemnified Party by a Distributor, Customer, End User, regulator or other third party. 15.3. The Fortune Engine Indemnity

(a) The Fortune Engine indemnifies, defends and holds harmless the Creator from and against any claims, demands, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or in connection with:

(i) any infringement of third-party Intellectual Property Rights arising solely from the Game Database, Math Models, or the Platform; and

(ii) The Fortune Engine’s gross negligence or wilful misconduct.

(b) For the avoidance of doubt, The Fortune Engine does not assume responsibility for any Game Content or any component of the Games supplied or controlled by the Creator. 15.4. Survival This indemnity survives termination or expiry of these Terms and the cessation of any Game distribution, for so long as any claim may be brought. 15.5. Coordination with Game Supplier Form Where the Creator has executed a Game Supplier Form pursuant to which the Creator agrees to Creator Obligations directly in favour of a Distributor (a Direct Flow-Down), the Parties acknowledge and agree that:

(c) the Direct Flow-Down operates concurrently with, and does not derogate from, The Fortune Engine’s primary contractual liability to the relevant Distributor under the relevant Distribution Agreement, nor from the Creator Indemnity in The Fortune Engine’s favour set out in clause 15.1;

(d) in respect of any claim, demand or proceeding by a Distributor (or any claim by a Customer or End User) which falls within both the Direct Flow-Down and the Creator Indemnity, be entitled at its election to assume primary conduct and control of the defence, settlement and resolution of that claim on behalf of itself. The Creator shall not settle, compromise, admit liability under or otherwise resolve any claim under the Direct Flow-Down without The Fortune Engine’s prior written consent; and

(e) to the extent the Creator pays an amount directly to a Distributor under the Direct Flow-Down in respect of a matter for which the Creator is also liable to indemnify The Fortune Engine, the amount paid will, on a dollar-for-dollar basis, be credited against the Creator’s liability to The Fortune Engine in respect of the same matter. The Parties shall act in good faith to avoid any double recovery by the Distributor in respect of the same loss. Commented [AK1]: I've added this since we spoke to make it clearer how the indemnity works with the GSF (in its current form)

16. Limitation of liability

16.1. Creator liability

(a) Subject to clause (b), the total aggregate liability of a Creator to The Fortune Engine arising out of or in connection with these Terms of Use, whether in contract, tort (including negligence), statute, or otherwise, is limited to an amount equal to the total Creator Licence Fee actually paid or payable by The Fortune Engine to you in respect of the relevant Game during the twelve (12) months immediately preceding the event giving rise to the claim.

(b) The liability cap in clause

(a) does not apply to liability arising from or in connection with:

(i) your indemnity obligations under these Terms of Use;

(ii) any obligation owed directly to a Distributor;

(iii) fraud, wilful misconduct or gross negligence;

(iv) infringement or misappropriation of Intellectual Property Rights;

(v) breach of confidentiality, data protection or security obligations; or

(vi) regulatory fines, penalties or enforcement actions arising from the Games or your conduct. 16.2. The Fortune Engine liability

(a) Subject to sub-clause(b), The Fortune Engine’s total aggregate liability to the Creator arising out of or in connection with these Terms of Use is limited to the total amount of Platform Consideration retained by The Fortune Engine (being the portion not paid as the Creator Licence Fee) in respect of the relevant Game in the twelve (12) months preceding the event giving rise to the claim.

(b) Nothing in these Terms limits or excludes The Fortune Engine ’s liability for:

(i) fraud or wilful misconduct; or

(ii) any liability that cannot be excluded or limited under applicable law.

(a) applies only as between The Fortune Engine and the Creator and does not limit, qualify or affect The Fortune Engine’s primary contractual liability to any Distributor under the relevant Distribution Agreement. 16.3. Exclusion of liability To the maximum extent permitted by law, The Fortune Engine is not liable for any loss, damage or claim arising out of or in connection with:

(a) Any Game Content, Game functionality, performance, legality, compliance or operation (excluding the Game Database and Math Models);

(b) any infringement or alleged infringement arising from Game Content;

(c) the acceptance, rejection, suspension, withdrawal, promotion, placement or distribution of any Game by any Distributor;

(d) any act or omission of any Distributor, Customer, End User, regulator or other third party, including any regulatory action, enforcement or licensing decision affecting the Games;

(e) any reduced performance, availability or distribution of any Game; or

(f) any loss of revenue, profits, business opportunity, goodwill or anticipated savings, or any indirect, consequential, incidental, special or punitive damages, whether arising in contract, tort (including negligence), statute or otherwise. 16.4. Allocation of responsibility The parties acknowledge and agree that:

(a) The Fortune Engine acts as a principal supplier of the Games to Distributors;

(b) responsibility for the Game Content, compliance, operation and performance of each Game (other than the Game Database and Math Models) rests solely with the Creator; and

(c) the allocation of risk in this clause reflects the Parties’ commercial agreement that Game-related risks are borne by the Creator and Platform-related risks are borne by The Fortune Engine.

17. Disputes

(a) These Terms are governed by and must be construed in accordance with the laws of the State of Queensland, Australia.

(b) If a dispute arises out of or in connection with these Terms of Use, the parties must first attempt to resolve it through good faith negotiations. If the dispute is not resolved within 30 days, either party may refer it to mediation in Brisbane, Queensland, administered by the Australian Disputes Centre (ADC) in Brisbane in accordance with its then-current Guidelines for Commercial Mediation.

(c) If the dispute is not resolved within 30 days after the commencement of mediation (or such longer period agreed in writing), the dispute must be referred to arbitration in Brisbane, Queensland, in accordance with the Resolution Institute Arbitration Rules then in effect. The arbitration will be conducted by a single arbitrator with substantial experience in resolving commercial contract and intellectual property disputes.

(d) The prevailing party in any arbitration or court proceedings (including applications for interim or equitable relief) will be entitled to recover its reasonable legal costs and expenses, including expert witness fees.

(e) Nothing in this section prevents either party from seeking urgent injunctive or other equitable relief from a court of competent jurisdiction in Australia.

(f) Use of the Platform is not authorised in any jurisdiction that does not give effect to all provisions of these Terms of Use, including this section.

18. Violation of terms

(a) If you violate these Terms of Use in any way, we may in our sole discretion and without notice to you:

(i) take any legal action we have available against you;

(ii) terminate your account;

(iii) block your use of the Platform;

(iv) restrict your ability to make future accounts; and

(v) disclose information about you and your use of the Platform for investigation by any enforcement body for your unlawful activity.

(b) You agree that monetary damages may not be sufficient where your actions cause damage to us, whether by tarnishing our goodwill, causing a loss to sales or increasing our expenses and in such a case irrevocably consent to us obtaining injunctive or other equitable relief against you as a consequence of your violation.

(c) Where your violation of these Terms of Use or any of our Policies causes damage, loss or expense to us, you agree to provide an indemnity in respect of such damage, loss or expense in accordance with clause 15.

(d) If we are required to terminate your account or block your use of the Platform as contemplated in clause

(a) you hereby release and hold us harmless from all damage, loss, expense, cost or liability that you may suffer as a result.

19. Term and termination

19.1. Term These Terms of Use commence upon your acceptance via the Platform and continue until terminated in accordance with this clause. 19.2. Termination by Creator You may terminate these Terms of Use at any time by providing 30 days written notice to The Fortune Engine, provided that your Creator Obligations relating to Games already distributed (including under any Game Supplier Form) continue in full force. 19.3. Termination by The Fortune Engine The Fortune Engine may suspend access to the Platform, suspend distribution of any Game, or terminate these Terms of Use immediately and without liability by written notice if:

(a) you breach these Terms of Use and fail to remedy that breach within a reasonable period (where remediable);

(b) any warranty, representation, or information provided by you is false, misleading, incomplete or inaccurate;

(c) continued distribution of a Game would expose The Fortune Engine or a Distributor to legal, regulatory, contractual or reputational risk;

(d) required by law, regulation, court order or competent authority; or

(e) you become insolvent, subject to insolvency proceedings or cease carrying on a business. 19.4. Consequences of termination If these Terms of Use are terminated for any reason, then in addition and without prejudice to any other rights or remedies available:

(a) the P arties are immediately released from their obligations under the Terms of Use except those obligations in clauses 6, 7, 9.3, 9.4, 10 (to the extent relating to taxes and amounts payable after termination), 11 (to the extent applicable to Games distributed prior to termination), 12, 13, 14, 15, 16, 17,

19.5 and any other obligations that, by their nature, survive termination, including obligations relating to Games distributed prior to termination and any ongoing Distribution Agreements;

(b) each party retains the claims it has against the other;

(c) your right to use and access the Platform immediately ceases and the licences granted under th ese Terms of Use terminate, except to the extent necessary to comply with existing D istributor agreements and obligations.

(d) you must immediately cease using all licensed Intellectual Property Rights of The Fortune Engine; and

(e) you remain responsible for all obligations, claims, and liabilities arising from Games distributed prior to termination. 19.5. Transition period for termination and Game withdrawal

(a) You may request withdrawal of a specific Game from distribution by providing written notice to us.

(b) You acknowledge and agree that withdrawal of a Game:

(i) is subject to any existing Di stribution A greements, Creator Obligations, or regulatory requirements applicable to that Game; and

(ii) may not take effect immediately, even after notice is given.

(c) Where a Game is withdrawn, or these Terms of Use are terminated, the parties agree to cooperate in good faith for a transition period of up to thirty (30) days (or such longer period as required by an applicable distributor agreement) (the Transition Period) to enable an orderly wind-down.

(d) During the Transition Period:

(i) the Game may continue to be made available to Customers and E nd U sers to the extent necessary to meet existing commitments;

(ii) we may permit continued access for Customers to complete existing gameplay, wagers or contractual arrangements; and

(iii) both parties will use reasonable efforts to minimise disruption to operators, Customers and End Users.

(e) Upon termination of these Terms of Use or withdrawal of a Game:

(i) we will account to you for the Creator Revenue Share received in respect of the Game up to the effective withdrawal date, subject to any applicable deductions, chargebacks or offsets in accordance with our payment terms;

(ii) where revenue has not yet been fully calculated or reconciled, we may issue adjusted or subsequent statements once final data is received from D istributors; and

(iii) all payment, set-off and reporting provisions in these Terms of Use continue to apply.

20. Contracting entity

Unless expressly stated otherwise:

(a) The Fortune Engine Pty Ltd is the entity that contracts with you under these Terms of Use, operates the Platform, receives and pays revenue, owns the Outputs, and assumes all commercial and trading obligations;

(b) The Fortune Engine IP Pty Ltd owns the Platform, the Fortune Engine software and other intellectual property and licenses that intellectual property to The Fortune Engine Pty Ltd for the purposes of operating and commercialising the Platform; and

(c) The Fortune Engine Holdings Pty Ltd acts as the holding company only and does not assume operational or trading obligations under these Terms.

21. Miscellaneous

(a) Entire Agreement-These Terms are the entire agreement between you and The Fortune E ngine regarding the Services and the Platform, and replace all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and The Fortune Engine relating to the same subject matter.

(b) Severability-If any provision of these Terms of Use are found to be invalid or unenforceable, that provision will be limited or removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

(c) No Waiver-A failure or delay by either party to exercise any right under these Terms of Use will not operate as a waiver of that right, nor will a single or partial exercise prevent further exercise of that right or any other right.

(d) Force Majeure – The Fortune Engine will not be liable for any delay or failure to perform its obligations due to causes beyond its reasonable control, including (but not limited to) mechanical, electronic or communications failures or degradation.

(e) Assignment-These Terms of Use are personal to you and may not be assigned, transferred, or sublicensed without our prior written consent. We may assign, transfer, or delegate any of our rights and obligations under these Terms of Use without your consent.

(f) Relationship of the Parties-Nothing in these Terms of Use creates a partnership, joint venture, fiduciary relationship, employment relationship or agency between the Creator and The Fortune Engine. In particular, the Parties acknowledge and agree that, in respect of the supply of the Games to Distributors and end users:

(i) The Fortune Engine acts in its own name and as principal, and not as agent, trustee, partner or joint venturer of the Creator;

(ii) the Creator does not authorise The Fortune Engine to enter into any contract on the Creator’s behalf and all Distribution Agreements are entered into by The Fortune Engine as principal and create no privity of contract between the Creator and any Distributor, customer or end user.

(g) Legal Costs-In any legal action or proceeding to enforce these Terms of Use, the prevailing party will be entitled to recover its reasonable costs and legal fees.

(h) Notices-All notices must be in writing and will be considered delivered:

(i) when received, if personally delivered or sent by certified or registered mail (return receipt requested); or

(ii) when receipt is electronically confirmed, if sent by email.

(i) Headings-Section headings are for convenience only and will not affect the interpretation of these Terms of Use.

22. Definitions

For the purposes of these Terms of Use, the following definitions apply:

(a) Access means to provide you with entry into an operational, fully functioning version of the Platform.

(b) Account means an authorised account required to Access the Platfor m.

(c) Affiliates means any company, partnership or other entity which at any time directly or indirectly controls, is controlled by or is under common control with The Fortune Engine including as a subsidiary, parent or holding company.

(d) Business Day means a day other than a Saturday, Sunday or public holiday in Queensland, Australia.

(e) Confidential Information means information that is by its nature confidential, or is designated by a party as confidential, or that a party knows or ought to know is confidential, other than information which is or becomes public knowledge otherwise than by breach of this Agreement or a ny other confidentiality obligation, in particular:

(i) all marketing strategies, plans, financial information, forecasts, activities, sales cost estimates, business plans and results of operations relating to past, present and/or future business activities;

(ii) plans for products and/or services and lists of Fortune Engine’s users and/or suppliers;

(iii) any scientific or technical information, inventions, designs, processes, procedures, formulas, forms, improvements, technologies and/or methods; and

(iv) all concepts, reports, data, know-how, ongoing projects, research, analysis, specifications, computer software, source codes, result codes, operation diagrams, databases, inventions, information and trade/enterprise secrets.

(f) Creator means the individual or legal entity linked to the Account-holding ABN (or equivalent business identifier number) engaged in the business of designing, creating and developing online gaming products for publishing through The Fortune Engine.

(g) Creator Licence Fee means ninety per cent (90%) of the Platform Consideration in respect of each Game less any Permitted Deductions, payable by The Fortune Engine to the Creator as consideration for the licence granted by the Creator (inclusive of any applicable GST or equivalent indirect tax).

(h) Creator Obligations means the obligations, warranties and indemnities of the Creator in favour of a Distributor of The Fortune Engine, such as those given via a Game Supplier Form.

(i) Customer means any entity, including online game operators, platform providers, aggregators, or similar parties, that is connected to a Distributor’s distribution channels and to whom the Games are made available.

(j) Data means all information relating to you and your business you have inputted or uploaded into the Platform, provided to us or directed us to obtain.

(k) Distributor means a casino, betting operator, RGS provider, aggregator, platform operator, sub-distributor or other counterparty that hosts, distributes or makes gaming content available to E nd U sers.

(l) End User means individuals or entities who access and play the Games through Customer sites.

(m) Game or Games means the front-end online game interfaces and associated audiovisual Game Content, proprietary to you as the Creator, which access and interact with the Game Database for all backend functionality and are intended for distribution to third-party Distributors.

(n) Game Content means the:

(i) artwork, animations, characters and visual assets;

(ii) sound recordings, music and audio assets;

(iii) front-end code and user interface elements; and

(iv) narrative, themes and other creative elements.

(o) Game Database has the meaning given in clause 13.1.

(p) Game Supplier Form means any additional terms, undertaking or deed provided by the Creator in favour of a Distributor.

(q) GDPR means the European Union General Data Protection Regulation.

(r) Gross Gaming Revenue means an amount equal to the total nominal value of the wagers placed by End-Users on the Games less the total winnings as a result of those wagers.

(s) Intellectual Property Rights includes:

(i) patents, designs, trademarks and service marks (whether registered or unregistered) and any applications for, or rights to apply for, registration of any patent, design, trade mark or service mark;

(ii) copyright (including copyright in software, websites, databases and advertising and other promotional materials);

(iii) all rights to have information (including trade secrets, know how, operating procedures and technical information) kept confidential; and

(iv) all other rights or protections having similar effect anywhere in the world, whether created before or after the date of acceptance of these Terms of Use.

(t) Math Models has the meaning given in clause 13.1.

(u) Net Gaming Revenue means the Gross Gaming Revenue received from the Customers for access to the Games, minus any applicable, mandatory taxes.

(v) Outputs has the meaning given in clause 13.1.

(w) Parties means the parties to this agreement.

(x) Permitted Deductions means the categories of deduction described in clause 10.

(y) Personnel means officers, directors, employees, agents and contractors.

(z) Platform means The Fortune Engine’s proprietary software that creates the Outputs and hosts Games.

(aa) Platform Consideration means all consideration received by The Fortune Engine from a Distributor in respect of the supply of Games during the relevant Reporting Period, net of any returns, refunds, chargebacks, withholding taxes deducted at source by the Distributor, and bona fide third-party platform or payment processing fees.

(bb) Privacy Policy means the privacy policy as outlined on our website and/or the Platform from time to time.

(cc) Reporting Period means the calendar month or other reporting period specified by the Distributor.

(dd) RGS has the meaning given in clause

9.1 (a)(iii).

(ee) Services means the supply of Games to Distributors, together with related distribution and support services provided by us in respect of the Games.

(ff) Terms of Use means these terms and any amendment from time to time.

(gg) The Fortune Engine means The Fortune Engine Pty Ltd, together with its related entities and subsidiaries that own or operate the Platform and intellectual property, including The Fortune Engine IP Pty Ltd and The Fortune Engine Holdings Pty Ltd.

(hh) Transition Period has the meaning given in clause

19.5 (c).