Bondly

1. ABOUT THE TERMS

1.1. Key Terms

In the context of these Terms of Use:

• "Gifty Experiences, Inc." is denoted by "Bondly," "we," or "us," which includes our executives, board members, staff, subcontractors, and representatives.
• The term "Products" is applied to the array of third-party experiences curated by Bondly.
• The "Recipient" is defined as an individual who uses the App to accept a Product offered by a Sender through the Services.
• "Sender" is the designation for an individual who employs the App to deliver a Product to a Recipient via the Services.
• "Services" encompasses the suite of experience-based gifts provided by Bondly alongside its affiliates, which includes all associated operations and promotional activities.
• "User Content" encompasses all forms of data, images, and other materials that are uploaded, conserved, disseminated, or otherwise put forth by Users within or through the App.
• "Users" pertains to every person engaging with the App, which includes yourself. Depending on their interaction with the Services, Users may adopt the role of either Sender or Recipient. The term "access" and any of its derivatives within this document implies activities such as navigating the App and engaging with the Services provided.
• "your content" is specific to the user content that you submit, release, or otherwise ensure is accessible through the app.
• "App" encompasses all applications including web-based applications & mobile applications related to Bondly.

1.2. Rules and Supplemental Terms

Your utilization of the App is subject to the stipulations laid out in these Terms of Service, along with our Privacy Policy as provided on the App, in addition to any other guidelines and rules cited here, made available on the App, or otherwise imparted to users (collectively referred to as the "App Rules").

Additional provisions, known as "Supplemental Terms," may apply to certain functionalities, features, tools, content, and promotional events offered on or through the App. By opting to engage with these aspects of the App, you are accepting and agreeing to be bound by these Supplemental Terms, which are considered an integral part of these Terms of Use.

In instances where these Terms of Use might conflict with any Supplemental Terms, the latter shall prevail regarding the relevant functionalities, features, tools, content, and promotional events.

We urge you to thoroughly examine these Terms of Use, our Privacy Policy, the App Rules, and all relevant Supplemental Terms (jointly referred to as the "Terms"), as they contain important provisions that affect your legal rights, responsibilities, and the legal actions available to you in the context of your use of the App. For instance, the Terms encompass:

• Details on the operational limitations of the App and/or the Services provided;
• The necessity for you to adhere to all relevant laws and regulations;
• The extent to which our liability to you is limited; and
• The stipulation that any claims or remedies you seek against us (which includes financial compensation, injunctive relief, and declaratory relief) must be pursued on an individual basis, rather than as part of any collective, class, or representative action or proceeding.

Your access to and engagement with the App and Services hinge on your agreement to abide by these Terms.

1.3. Amendment of Terms

Bondly retains the exclusive authority to revise the Terms at its discretion, at any moment, and without advance notice, including the rights to alter, adjust, supplement, update, or eliminate terms and conditions (hereinafter referred to collectively as “modify” or “revise”). In the event of an amendment to the Terms, Bondly will refresh the Effective Date noted at the beginning of the Terms and publish the new version. Additionally, Bondly may opt to inform you of such modifications via email or other methods at its discretion. Your continued engagement with the App subsequent to the posting of the modified Terms or receipt of notice of such changes constitutes your acknowledgment and consent to be bound by the updated Terms. This clause operates with certain restrictions as detailed in the “Dispute Resolution” section that follows. If you do not consent to the revised Terms, you are entitled to cease all use of the App.

Other than as stated, no alterations, amendments, or additions to the Terms will be considered valid or binding on Bondly unless documented in writing and endorsed by an authorized Bondly representative.

2. ABOUT THE APP

2.1. License of usage

Provided you adhere to the Terms, Bondly affords you a restricted, non-exclusive, non-transferable, non-assignable, and non-sublicensable right to access and utilize the App and Services. This includes permission to download and install one copy of the App on each mobile device that you possess or oversee, strictly for your individual non-commercial and non-business-related use. The intent of this license is solely to facilitate your personal enjoyment and benefit from the App as Bondly offers it, and this use must be in accordance with the Terms.

2.2. Set-Up and Operating Requirements

In order to use the Services, you must:

• have internet access (e.g., WiFi or 3G /4G with a data plan);
• register for an Bondly account (as set forth in more detail below in the “Accounts” section below);
• provide and maintain complete, accurate and up-to-date account information, including contact information for your Bondly gift recipients.

If any of the above requirements are not met, you will not be able to use some or all of the Services.

2.3. Acknowledgements

You affirm that you have read and understand that:

• Bondly does not warrant uninterrupted or error-free operation of the App.
• If your mobile, data plan, internet service, or access to the App is suspended, canceled, or terminated (for instance, due to billing issues or breaches), you may lose partial or full functionality of the App.
• You are solely responsible for how you use the App and your content. Misuse of the Services may expose you to civil and criminal fines and penalties

2.4. Modifications and Updates to the App and Services

Bondly expressly retains the unilateral right to alter, cease, or suspend the Services, in whole or in part, including but not limited to any features, functionality, tools, or content thereof, at any given time, for any reason whatsoever, with or without prior notice to you. Furthermore, Bondly reserves the exclusive right to establish limitations on your use and storage of Your Content, or the User Content, at its sole discretion and at any point in time, without the requirement of advance notice.

Occasionally, Bondly may develop and disseminate updates for the Service, which might encompass enhancements, bug rectifications, patches, other error resolutions, and/or new features, functionality, tools, or content (hereinafter referred to as “Updates”). These Updates may also alter or completely remove existing features, functionality, tools, or content. All such Updates shall automatically become part of the App and shall be governed by the entirety of these Terms of Use.

You hereby concur that Bondly is under no obligation to provide any Updates or to maintain, provide or enable any specific features, functionality, tools, or content of the Services. You also acknowledge that Bondly shall incur no liability for any changes, cessation, or deletion of services or features as aforementioned.

2.5. Updates and Maintenance Clause

Bondly regularly updates and maintains the app to improve functionality, enhance security, and offer new features. Users will be notified of significant updates and any necessary actions they may need to take. While we strive to ensure that the app is available at all times, occasional downtime for maintenance, updates, or emergency repairs may be necessary. We will endeavor to conduct such activities during off-peak hours and provide advance notice of any planned downtime. Users acknowledge that they may need to install updates to continue using the app effectively and that the Company is not liable for any issues arising from the failure to install such updates.

3. ACCOUNTS

3.1 Account Registration Obligations

Access to certain elements of the Services may require the creation of a user account. You shall not establish an account for any individual other than yourself, and no individual or entity is permitted to maintain more than one active account simultaneously.

3.2 ACCURACY OF ACCOUNT INFORMATION

The details provided by you will form the basis of your account and profile. You are obligated to furnish comprehensive, precise, and current information at the time of account creation and to duly update such information to maintain its completeness, accuracy, and currency. Bondly shall bear no responsibility for any loss or harm resulting from your neglect to meet these stipulations.

3.3 TERMINATION AND SUSPENSION OF ACCOUNT

Your right to terminate your account is acknowledged. At our sole discretion, Bondly may, without any obligation to you and without limiting our other rights, with or without notice and at any juncture, opt to restrict, suspend, deactivate, or terminate your account, and implement technical and legal measures to bar your use of our Services for any reason. Should you contravene the Terms by maintaining multiple accounts or by providing information that is false, outdated, misleading, or fraudulent during or subsequent to the registration process, Bondly retains the authority to suspend or terminate your access to the Services. Accounts that remain unverified or inactive for an extended duration may be terminated. Bondly also retains the right to terminate the accounts of Users who violate the Terms, which include provisions relating to User conduct as detailed in the “User Conduct Guidelines” and other sections within the Terms. Upon the deactivation or termination of your account, Bondly has the right, though not the obligation, to remove Your Content. In cases where Bondly suspends your account due to a confirmed or suspected violation of the Terms, such suspension will persist until the issue has been rectified or resolved to Bondly’s satisfaction.

4. TERMS OF SALE

4.1. Products

Products, referred to as 'Collections', shall be initially selected by the 'Sender' through the utilization of the 'Service'. Regardless of the collection sent, the Recipient shall be granted the prerogative to choose a single Product from the array of options provided. Upon the Recipient's definitive selection of an experience from the specified Product options, the Recipient is obligated to proceed with booking the chosen experience through the Service.

4.2. Prices

We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice. The sending of Product options to your designated Recipient after our delivery of such notice will confirm your acceptance of such changes.

4.3. Payment/Credit Cards

You shall be solely responsible for supplying Bondly with accurate and valid credit card or payment account information and for ensuring the payment of all fees by their due dates. Note that the payment details you provide upon registration, including your name and contact information, may be employed and disclosed to our payment processing service providers and will be processed in accordance with our Privacy Policy. Bondly reserves the right to communicate with you by email concerning your account, which may include issues related to your method of payment. When a Sender opts for either an autopay or prepay method, orders are automatically regarded as confirmed following Bondly's verification of agreement with the Recipient, thereby obviating the need for any additional confirmation from the Sender.

4.4. Payment/Wire Transfers

You shall be solely responsible for verifying the correctness of all wire transfer details you provide and ensuring the prompt settlement of any applicable fees. The wire transfer information you supply, inclusive of your name, contact details, and bank information, will be exclusively employed for the facilitation of the transaction and shall be managed in strict conformity with our Privacy Policy. Should any issue arise concerning your wire transfer, we reserve the right to contact you via electronic mail relating to your account. When a Sender opts for an autopay or prepay scheme, we will consider all resultant orders as permanently validated following receipt of Bondly's confirmation of the agreement with the Recipient, obviating the need for further confirmation by the Sender.

4.4. Orders; Refunds; Cancellation

The Sender acknowledges and consents that the availability of Products offered by Bondly is variable and subject to change. Bondly retains the unilateral right to refuse any portion of an order, cease the provision of any Products, and to make substitutions for any Products without the obligation of providing prior notification. Any orders executed by Senders remain amenable to modification or cancellation with the potential for a corresponding refund, such amendments or cancellations being permissible only up until the Recipient's booking date. Except where Bondly has expressly consented in writing or otherwise stipulated, all ancillary fees and charges shall be considered nonrefundable. It is explicitly understood that Recipients hold no entitlement to refunds or credits for any orders that have not been confirmed or have been cancelled.

5. USER CONDUCT GUIDELINES

Whenever accessing or utilizing the Service, adherence to our established User conduct guidelines is mandatory. Your agreement to these guidelines includes a commitment to use the Services solely for personal, non-commercial purposes.

Prohibited Actions

You shall not engage in the Service to

• Harvest or otherwise collect information regarding other Users, including but not limited to personal data;
• Conduct or advocate for political campaigning, vote solicitation, or request donations or support for any campaign or legislative endeavors;
• Transmit or facilitate the distribution of unsolicited commercial messages ('spam'), chain letters, or engage in pyramid schemes;
• Use the Service if you are prohibited under any applicable laws from receiving such service; or
• Undertake any form of systematic retrieval of data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without Bondly's express written consent;
• Utilize the Service if you lack the capacity to enter into legally enforceable contracts, such as if you are under the age of majority;
• Engage in any other activities not explicitly permitted by the Terms.
• Impersonate or misrepresent your affiliation with any person or entity, or to falsify your identity or any material details;
• Engage in behaviors meant to follow or disturb another User;

Additionally, it is prohibited to:

• Access, search, or engage with the Service for information extraction by scraping, crawling, or spidering, through any automated or manual means, outside of the currently accessible, published interfaces provided by Bondly, unless specifically permitted via a separate contractual agreement with Bondly;
• Circumvent, disable, or otherwise interfere with any security-related features or measures employed by Bondly or its service providers, or any third parties to safeguard the Service;
• Display, mirror, or frame the Service, any individual aspect, functionality, tool, or content within the Service, the Bondly name, trademarks, logos, or other proprietary information, without the explicit written consent of Bondly;
• Utilize, replicate, disseminate, divulge, publish, or retain any Service Content or any data pertaining to another User in a manner that contravenes our Privacy Policy, infringes upon the privacy or other rights of Users or any third party, which includes, but is not limited to, the unauthorized disclosure, sale, leasing, distribution, or exposure of any Service Content to third parties, employing it for marketing objectives, or any use not directly related to the Service;
• Interfere with, interrupt, impair, or compromise the integrity or functionality of the Service, our systems, or the access rights of any User, host, or network, including, without limitation, through the utilization of viruses, cancelbots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing, or other similar methods or technologies, or by placing an unreasonable load or burden on the Service;
• Access or interact with non-public areas of the Service, Bondly's computer systems, or the technical delivery systems of Bondly's service providers;
• Probe, examine, or test the vulnerability of any system or network belonging to Bondly or its service providers, nor breach or circumvent any security or authentication measures of said systems or networks;
• Modify any network packet headers or part of headers to misrepresent the origin of any communications, or use the Service to send misleading or incorrect source-identification information;
• Access, replicate, disseminate, divulge, publish, employ, store, or craft derivative works from any Service Content owned by Bondly, another User, or any third party, particularly content protected under copyright, trademark, patent, or any other intellectual property law, barring express prior consent from the legal rights holder;
• Allocate or transfer your account credentials or access to another without receiving explicit authorization from Bondly;
• Bypass, elude, or otherwise override any Bondly system, policy, or determinations regarding your account status, including but not limited to efforts to utilize the Service following the suspension or cancellation of your account, or if you have been temporarily or permanently banned from utilizing the Service;
• Decode, decompile, disassemble, or reverse engineer any of the software comprising or in any way used to provide the Service;
• Engage in any other actions that misuse the Service or violate the Terms; or
• Attempt, endorse, or encourage others to engage in any of the aforementioned prohibited acts

5.1. Responsibility for User Content

The originator of User Content bears exclusive responsibility for all such content, whether disseminated publicly or transmitted privately. We do not affirm or embrace the accuracy, veracity, completeness, or reliability of any User Content nor do we endorse any views it may express. You acknowledge that your engagement with the App may involve exposure to User Content that could be deemed offensive, detrimental, imprecise, deceptive, counterfeit, or otherwise objectionable. Goody shall not be held accountable for any User Content, including, but not limited to, any inaccuracies or omissions within such content, or for any form of loss or damage sustained as a consequence of engagement with User Content.

We reserve the right, yet do not assume the obligation, to oversee or manage User Content captured, saved, uploaded, transmitted, or preserved via the App, and we do not accept liability for such content. Your reliance upon any User Content is strictly at your own discretion and risk.

5.2. Reporting Misconduct

Should you perceive a User to be in breach of the Terms, misusing the App, or engaging in improper conduct, you are encouraged to report such behavior to Bondly at [support@bondly.com]. Bondly maintains the discretion to investigate and act upon such reports as deemed appropriate but is not obliged to do so. Bondly's liability is in no way extended to the actions or inactions of any User or third party, irrespective of Bondly's chosen response to such reports.

5.3. Investigations

Bondly holds the authority to investigate and prosecute any alleged infractions, complaints, or reports, or suspected inappropriate conduct or legal violations to the full extent permitted by law. This includes, but is not limited to, a) Bondly's prerogative to oversee any User's access to or use of the Services at any time without notice, to access, examine, retain, and disclose any information as necessary to satisfy any legal, regulatory, or governmental request, b) to address claims made against Bondly, c) to enforce compliance with the Terms, to perform risk assessments, as well as to prevent, detect, or investigate fraud, security, or technical issues, d) moreover, Bondly retains the right to act to safeguard the rights, property, or safety of itself, its Users, or the public, e) and to facilitate the operational enhancement of the Services, which includes customer support functions.

6. OWNERSHIP OF INTELLECTUAL PROPERTY

6.1. Product and Service

The Products and Services, inclusive of all inherent features, functionalities, tools, and content, are safeguarded by the copyright, trademark, patent, and other intellectual property laws of both the United States and international jurisdictions. You acknowledge and concede that the intellectual property rights vested in the Products and Services are the sole property of Bondly and its licensors. Any copyright, trademark, service mark, patent indicators, or other proprietary notices integrated into or accompanying the Services must remain intact and unaltered.

Furthermore, you recognize that the trade names, logos, and other marks indicative of Bondly's brand ("Bondly Marks") are exclusively owned by Bondly. You are prohibited from utilizing the Bondly Marks without the express prior written consent of Bondly.

You are forbidden from employing, duplicating, replicating, distributing, licensing, marketing, transferring, publishing, announcing, displaying, performing, broadcasting, adapting, modifying, creating derivative works from, or exploiting any aspect of the Services in any manner, or from sublicensing the rights bestowed under the Terms, barring explicit authorization provided herein, without the prior written consent of Bondly or the pertinent intellectual property owner.

Bondly reserves the right to amend or retract the license herein at any given moment, at its absolute discretion.

No implied licenses or rights are conferred upon you under any intellectual property rights owned or administered by Bondly or its licensors, apart from those licenses and rights explicitly provided in the Terms. Any rights not explicitly granted to you herein are reserved by Bondly.

6.2. Submission of Feedback

Your submission of any feedback, comments, ideas, and suggestions for enhancements, improvements, or alterations to the Service ("Feedback") is welcomed and encouraged. Feedback may be proffered via electronic mail to [support@bondly.com]. You accept and concur that any Feedback furnished by you shall become the exclusive property of Bondly, treated as non-confidential, and may be utilized by Bondly or its affiliates for any purpose, including but not limited to the refinement, advancement, and commercialization of its products and services.

You irreversibly assign to Bondly all your interests, rights, and ownership in and to all Feedback, along with all global patent rights, copyrights, trade secret rights, moral rights, and other proprietary or intellectual property rights therein, and you renounce any moral rights you may possess over such Feedback.

You agree to execute and deliver all necessary documents and provide all required assistance, as may be reasonably requested by Bondly from time to time, to solidify Bondly's ownership rights in such Feedback and any associated improvements, enhancements, and modifications.

7. PROVISIONS FOR THIRD PARTY INTERACTIONS

7.1. Users

Under the Terms, Users are obligated to provide verifiable and accurate information. While Bondly may implement certain measures and engage in checks with the intention of validating the information furnished by Users, we do not warrant the veracity or completeness of any User-provided data, inclusive of the User's claimed identity, qualifications, or history.

7.2. Links to Third-Party Websites and Services

The Service may feature links to external sites, resources, or services provided by third parties. You acknowledge and agree that Bondly holds no responsibility for the availability or adherence to privacy or other practices of such external resources, nor for the content, products, or services obtainable via these third-party venues, including the accuracy, completeness, or currency of the information they provide. Such links do not constitute an endorsement by Bondly of those external platforms or any of the content, products, or services accessible through them. The onus of risk from your engagement with any such third-party platforms and their offerings rests solely with you.

Bondly shall not be held accountable for any losses or damages incurred as a consequence of your interactions with such third-party websites or services, nor for the content, products, or services they furnish.

Notwithstanding the above, the Service incorporates Google Maps features and content, which are subject to the current versions of: (1) Google Maps/Google Earth Additional Terms of Service, accessible at https://maps.google.com/help/terms_maps.html;; and (2) the Google Privacy Policy, available at https://www.google.com/policies/privacy/.

8. REPRESENTATIONS, WARRANTIES, DISCLAIMERS, LIMITATION OF LIABILITY & INDEMNIFICATION

Section 8.1. User Representations and Warranties

You hereby affirm and warrant to Bondly that:

• 1. You possess the requisite legal authority and capacity to enter into and abide by the stipulations of the Terms.
• 2. You hold, or have obtained appropriate rights and permissions for, all intellectual property necessary to lawfully grant the licenses and rights conveyed under these Terms.
• 3. Your conduct, including the provision of Your Content and use of the App and Services, will not breach any federal, state, or local laws, regulations, or ordinances, nor will it trespass upon any third-party rights, inclusive of intellectual property, privacy, or publicity rights.
• 4. Bondly’s utilization of the rights conferred by you in accordance with these Terms will not lead Bondly to commit any violations of pertinent laws, regulations, or the rights of third parties.
• 5. All information pertaining to your account that you provide is, and will be maintained as, exhaustive, precise, and current, with continuous updates to preserve its completeness and accuracy.

8.2. Disclaimers

Except where explicitly stated within these terms, the Products and Services are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. Bondly disclaims, to the fullest extent lawfully permissible, all warranties, whether express or implied, arising by statute, customary law, commercial usage, or otherwise, including but not limited to implied warranties of merchantability, suitability for a specific purpose, non-infringement, ownership, as well as any warranties concerning the availability, reliability, or error-free operation of the app, products, or services, and the completeness, accuracy, or currency of any content provided through the app.

Acknowledgment of Risk and Limitation of Liability

You, the User, hereby acknowledge and affirm that, to the fullest extent permitted by law:

• You solely assume all risks associated with your utilization of the Service, inclusive of any adverse outcomes or liabilities.
• In no uncertain terms, Bondly categorically renounces all liability associated with:
  • Any direct or indirect issues deriving from your employment or inability to use the Service.
  • The conduct or neglect of any user or third party that may affect you as a consequence of utilizing the Service.
  • Any content obtained, engaged with, or downloaded through your use of the Service.
• You acknowledge and consent that all interactions with the Service, including but not limited to the submission and transmission of Your Content, communication with other users, and the acquisition or viewing of others' content, are conducted at your sole risk. You agree to irrevocably release Bondly from, and unequivocally waive, any claims or legal causes of action arising from any damages incurred as a result of these activities.
• Bondly shall not be accountable for any form of indirect, incidental, special, exemplary, punitive, or consequential damages whatsoever, nor for any loss of revenue, profits, data, goodwill, service interruptions, computer or system malfunctions, personal, physical, or emotional distress, or trauma arising from or connected to this Agreement, regardless of the nature of the legal claim - be it warranty, contract, tort (including negligence), or any other legal theory, and irrespective of whether Bondly was advised of the possibility of such damages.
• Limitations or exclusions of warranties or liability in certain areas as stated in this document may not be applicable to you due to certain state laws; these limitations or exclusions will only apply to the extent permissible under relevant law. Should any limitation of liability herein be deemed unenforceable by a court of competent jurisdiction, Bondly's total liability related to or arising from this Agreement shall be constrained to the sum of one hundred U.S. dollars (US$100).
• This statement serves to fortify the understanding that you enter into this agreement with full knowledge of the potential risks and agree to bear any resulting consequences without recourse to Bondly.

Section 8.4. Fundamental Agreement

You hereby acknowledge and concur that the disclaimers of warranty and the limitations of liability articulated herein constitute the foundational elements of the agreement between you and Bondly. These provisions are intended to be and remain in force despite any determination that your remedy under these Terms has not satisfied its essential purpose.

Section 8.5. Obligation to Indemnify

You shall, to the fullest extent legally permissible, exonerate, defend at your expense, indemnify, and hold harmless Bondly, its parent, subsidiaries, affiliates, licensors, service providers, and its and their respective officers, directors, shareholders, agents, employees, and representatives from and against all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees), relating to, arising out of, or in any way connected with (i) your utilization of or engagement with the App and its encompassing features, functionalities, tools, content, and promotions, (ii) Your Content, (iii) your interaction with any other User, (iv) your breach of these Terms, including but not limited to, violations of laws, rules, or regulations or the infringement or misappropriation of third-party rights, and (v) any act of gross negligence or intentional misconduct by you.

Section 8.6. Defense of Claims

You agree to undertake the defense of any claim or action brought against Bondly concerning your obligations under these Terms at Bondly's discretion. Despite Bondly's election for you to conduct the defense, Bondly retains the right to participate in such defense or any related settlement negotiations at its own expense, and you shall not agree to any settlement or compromise without Bondly's prior written consent, which shall not be unreasonably withheld. Any such settlement must include a complete and unequivocal release of all implicated parties from all liabilities and obligations associated with the claim or action.

8.7. No Implied Indemnity.

No party shall possess any right to equitable or implied indemnification under any circumstances other than as expressly set forth in these Terms.

9. JURISDICTION, GOVERNING LAW, AND DISPUTE RESOLUTION

You must review this section with due diligence, as it delineates your legal rights and governs the resolution of disputes between you and Bondly.

9.1. Governing Law

The Terms, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York, USA, without giving effect to any choice or conflict of law provision or rule.

9.2. Mandatory Arbitration

Any dispute, claim, or controversy arising out of, relating to, or connected with these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New York, New York before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

9.3. Jurisdiction and Venue

In the event that the arbitration provisions herein are found inapplicable or unenforceable for any reason, you and Bondly irrevocably consent to the exclusive jurisdiction of the federal and state courts located in the State of New York for any Dispute as defined herein. You further agree and hereby submit to the exclusive personal jurisdiction and venue of these courts with respect to such matters. Bondly retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction to enforce the provisions of these Terms. You waive all defenses of lack of personal jurisdiction and forum non conveniens.

9.4. Prohibition of Class and Representative Actions and Non-Individualized Relief

You agree that any disputes against Bondly will be conducted only on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless both parties agree otherwise in writing, the courts shall not consolidate or join the claims of other persons or parties who may be similarly situated, and the courts shall not have jurisdiction over any class claims, class actions, or other representative actions.

9.5. Future Amendments to this Section

Any modifications to this Section on Dispute Resolution will not be retroactive and will not affect disputes of which the parties had actual notice on or before the date of amendment. Following an amendment, your continued use of the Service constitutes an agreement to arbitrate any disputes under the amended terms. If an amendment is made, it will be communicated to you by posting on the Service, and should you disagree with the amended terms, you have the right to close your account within 30 days of notification and not be bound by the new dispute resolution terms. Should you not have, or choose to close, your account, you must cease using the Service forthwith. By continuing to use the Service, you accept and agree to abide by the Dispute Resolution terms as of the date of your original acceptance of the Terms, including any subsequent changes.

10. MISCELLANEOUS

10.1. Data Privacy Compliance

In accordance with our Privacy Policy, you acknowledge and consent that the collection, use, and disclosure of information pertaining to Users is an integral aspect of the Services provided by Bondly. By accessing and utilizing the Services, you consent to such information practices, including the transference of this information beyond the borders of the United States and/or other countries for storage, processing, and utilization by Bondly and its affiliates. You further acknowledge that Bondly will send you communications deemed part of the Services, such as service announcements and administrative messages, from which you may not have the right to opt out.

10.2. Entire Agreement

The entirety of the agreement between you and Bondly with respect to the Service is exclusively embodied in these Terms, incorporating by reference the Terms of Use, our Privacy Policy, any applicable Supplemental Terms, and all App Rules. These documents supplant all previous understandings or agreements, written or oral, regarding the subject matter.

10.3. Non-Transferability of Rights

You are prohibited from assigning, transferring, delegating, or sublicensing any of your rights or obligations under these Terms, by operation of law or otherwise, without obtaining Bondly’s explicit prior written consent. Bondly, however, may assign, transfer, delegate, or sublicense any of its rights and obligations under these Terms at its sole discretion. Any attempt to assign or transfer in violation of this provision shall be null and void. These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

10.4. No Agency

Notwithstanding any provisions to the contrary herein, this Agreement does not establish an agency, partnership, joint venture, or employer-employee relationship between the parties, nor is it intended to create a franchiser-franchisee relationship, as defined under applicable law. Except as otherwise expressly set forth herein, no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the Terms.

10.5. Continuance of Provisions Post-Termination

Provisions within this Agreement that inherently require fulfillment or adherence after the cessation or termination of this Agreement shall remain in effect beyond such cessation or termination.

10.6. Protocol for Notices

Notices or communications required or permitted under this Agreement, including amendments to the Terms, shall be in written form and issued by Bondly either (i) via electronic mail to the address provided by the recipient, or (ii) by publication on the Application. For notices dispatched via electronic mail, the date of transmission shall be deemed the date of receipt.

10.7. Non-Waiver

The failure by Bondly to assert a right or enforce an obligation under these Terms, or to act upon a breach by you or third parties, shall not be interpreted as a waiver of said right, obligation, or breach. Any waiver must be in written form, executed by an authorized representative of Bondly, and is specific to the instance in question without setting a precedent for subsequent instances.

10.8. Remedies

Unless explicitly restricted within these Terms, the invocation of any remedy by either party under these Terms shall not preclude the availability of other remedies afforded under contract, common law, statutory law, or equitable principles.

10.9. Severability

Should any provision of these Terms be deemed invalid, void, or unenforceable by an arbitrator or competent court, either in entirety or partially, such provision shall be enforced to the maximum extent permissible, ensuring that the invalidity or unenforceability does not affect the remaining provisions, which shall continue in full force and effect.

10.10. Headings

The headings utilized in these Terms serve solely for ease of reference and shall not influence, limit, or affect the interpretation or construction of any provision herein.

10.11. Contact Us

For inquiries or concerns regarding these Terms, please contact Bondly at support@bondly.com, or via postal mail at:

Gifty Experience, Inc,

10th Floor, 19W 24th Street, New York, NY 10010.

10.12. California Residents

In accordance with California Civil Code §1789.3, residents of California have specific consumer rights as follows:

Complaints regarding the Services or requests for additional information about the Services should be directed to the aforementioned address or to support@bondly.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs is available for contact in writing at 1625 North Market Boulevard, Suite N112, Sacramento, CA 95834, or by telephone at (916) 445-1245 or (800) 952-5210. For the hearing impaired, TDD is available at (800)-326-2297 or (916)-928-1227. Additional information is accessible at www.dca.ca.gov.