Token End User Terms

Last updated: 3 October 2025

These Token End-User Terms (the “Token End-User Terms”) are a legally binding agreement between you (“User”, “you”, or “your”) and Midnight TGE Ltd., a company registered in the British Virgin Islands with registered address at Craigmuir Chambers, Road Town, Tortola, VG, 1110, BVI (“Midnight,” “we”, “us”, or “our”).

Midnight provides the NIGHT website and portal (the “Website”) and related services and products, including the ability to Claim and redeem via the Website the digital blockchain tokens known as ‘NIGHT’ and their smallest denomination sub-unit ‘STAR’ (the “Tokens”).

The Tokens are being distributed through the Glacier Drop distribution program, which comprises the following phases:

i. the ‘Glacier Drop’ (the first claim phase)
ii. the ‘Scavenger Mine’ (the second claim phase)
iii. the ‘Lost & Found’ claim phase (the third phase)

(with these phases (and the related redemption functionality provided by Midnight) together referred to in these Token End-User Terms as the “Glacier Drop Program”).

These Token End-User Terms, the Website Terms of Use and (once in effect) the Global Terms (together, the “Agreement”) govern your use of the Website, and related services and products, including governing your ability to Claim and redeem via the Website the Tokens distributed through the Glacier Drop Program. If you hold or use Tokens, please note that additional terms (the Global Terms) will also apply to your use and ownership of the Tokens once such terms are in effect.

We encourage you to review these Token End-User Terms carefully. These Token End-User Terms are entered into between you and Midnight when you click to agree to these Token End-User Terms at the start of your participation in the Glacier Drop Program and when Claiming and/or redeeming the Token(s) via the Glacier Drop Program. These Token End-User Terms will remain in full force and effect until terminated in accordance with Section 10 (Term and Termination). If you do not agree with any of the provisions of these Token End-User Terms, you may not participate in or use the Website or the Glacier Drop Program.

Important for U.S. Residents

IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE SECTION 13 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER...

1. Definitions

1.1 “Agreement” means the Token End-User Terms, the Website Terms of Use, and (once in effect) the Global Terms.

1.2 “Blockchain” means any blockchain on which the Tokens are issued.

1.3 “Claim” or “Claiming” means the process by which you claim Tokens via the Website.

2. Token Claim Rights

2.1 Subject to your compliance with these Token End-User Terms, Midnight grants you a limited, non-exclusive, non-transferable, revocable right to Claim and/or receive the Tokens...

14. Governing Law and Jurisdiction

These Token End-User Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of the British Virgin Islands, without regard to its conflict of law principles.