Effective May 29, 2025
Bond is on a mission to capture people’s memories and make them useful.
These Terms of Service (these "Terms") govern your access and use of the Bond product, website, features, apps, service, technologies, and software we offer (the “Bond Products” or “Products”), except where we expressly state that separate terms (and not these) apply.
These Products are provided to you by Dots Connected Inc. (“Bond”, “we”, “us", or “our”). These Terms therefore constitute an agreement between you and Bond. If you do not agree to these Terms, then do not access or use the Products.
These Terms make up the entire agreement between you and Bond regarding your use of our Products. We don’t charge you to use our Products or the other products and services covered by these Terms, unless we state otherwise. We don’t sell your personal data to advertisers, and we don’t share information that directly identifies you (such as your name, email address or other contact information) with advertisers.
PLEASE READ THESE TERMS CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.
1. The services we provide
Our mission is to capture the information within people’s minds and make it useful. To support this mission, we provide the Products and services described below to you:
1.1 Provide a personalized experience for you:
Your experience with our Product is unlike anyone else's: from the questions you ask, to the questions you receive, to the feedback you give. We allow users to ask profiles for recommendations. This leverages the data about you to provide personalized recommendations.
1.2 Connect you with people you care about:
We help you connect with people that matter to you. We may elect to use data to make suggestions for you and others - for example, people you may want to connect with. We believe in meaningful human connection and provide an intimate and private experience to foster this.
1.3 Enable you to have complete control over your data:
Bond is not in the business of selling or monetizing your data with advertisements. We give our community complete control over the data we collect, allowing users to delete, edit, or add information.
1.4 Promote the safety, security, and integrity of our services, combat harmful conduct and keep our community of users safe:
People will only connect with each other on Bond Products if they feel safe and secure. We work hard to maintain security of our Product and service. We actively screen for inappropriate content and endeavor to filter it out when it occurs so end-users are not exposed to it. We will continue to invest in detecting potential misuse of our Product, harmful conduct towards others, and situations where we may be able to help support or protect our community, including to respond to user reports of potentially violating content. If we learn of content or conduct like this, we may take appropriate action based on our assessment that may include - notifying you, offering help, removing content, removing or restricting access to certain features, disabling an account, or contacting law enforcement. Bond may access, preserve, use and share any information it collects about you where it has a good faith belief it is required or permitted by law to do so.
1.5 Ensuring access to our services:
To operate our global services and enable you to connect with people around the world, we need to transfer, store and distribute content and data to our data centers, partners, service providers, vendors and systems around the world, including outside your country of residence. The use of this global infrastructure is necessary and essential to provide our services.
2. How our services are funded
Instead of paying to use our Products, by using the Product covered by these Terms, you agree that we may elect to charge you subscription fees for usage of our Product and services in the future. We don't sell your personal data or allow anyone else to use it.
3. Your commitments to Bond
We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
3.1 Who can use Bond
When people stand behind their opinions and actions, our community is safer and more accountable. For this reason, you must:
- Provide for your account the same name that you use in everyday life.
- Provide accurate information about yourself.
- Create only one account (your own) and use it for personal purposes.
- Not share your password, give access to your Bond account to others, or transfer your account to anyone else (without our permission).
We try to make Bond available to everyone, but you cannot use our Product if:
- You are under 13 years old (if you are at least 13 years of age, but below the age of consent in your jurisdiction, you may only use our Product with the permission and consent of your parent or guardian).
- You are a convicted sex offender.
- We've previously disabled your account for violations of our Terms or other terms and policies that apply to your use of our Product. If we disable your account for a violation of our Terms or other terms and policies, you agree not to create another account without our permission. Receiving permission to create a new account is provided at our sole discretion, and does not mean or imply that the disciplinary action was wrong or without cause.
- You are prohibited from receiving our products, services, or software under applicable laws.
3.2 What you can share and do on the Bond Product
We want people to use the Bond Product to connect with others in meaningful ways and to share information that is important to them, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so):
- You may not use our Products to do or share anything:
- That violates these Terms or other terms and policies that apply to your use of our Product
- That is unlawful, misleading, discriminatory, fraudulent, obscene, defamatory, threatening, intimidating, harassing, hateful or racially or ethnically offensive (or assists someone else in using our Product in such a way).
- That you do not own or have the necessary rights to share.
- That infringes or violates someone else's rights, including their intellectual property rights (such as by infringing another’s copyright or trademark, or distributing or selling counterfeit or pirated goods), unless an exception or limitation applies under applicable law.
- You may not upload viruses or malicious code, use the services to send spam, or do anything else that could disable, overburden, interfere with, or impair the proper working, integrity, operation, or appearance of our service, systems, or Products.
- You may not access or collect data from our Products using automated means (without our prior permission) or attempt to access data you do not have permission to access, regardless of whether such automated access or collection is undertaken while logged-in to a Bond account.
- You may not proxy, request, or collect Product usernames or passwords, or misappropriate access tokens.
- You may not sell, license, or purchase any data obtained from us or our services, regardless of whether such data was obtained while logged-in to a Bond account.
- You may not misuse any reporting, flagging, dispute, or appeals channel, such as by making fraudulent, duplicative, or groundless reports or appeals.
- You may not do, or attempt to do, anything to circumvent, bypass, or override any technological measures that we use to control or limit access to our Products or data.
We can remove or restrict access to content that is in violation of these provisions. We can also suspend or disable your account for conduct that violates these provisions, as provided in Section 4.2.
If we remove content that you have shared in violation of these Terms, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our service, systems or Product; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. For information on account suspension or termination, see Section 4.2 below.
To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies, if this feature exists in your jurisdiction. We also can remove or restrict access to content, features, services, or information if we determine that doing so is reasonably necessary to avoid or mitigate misuse of our services or adverse legal or regulatory impacts to us.
3.3 The permissions you give us
We need certain permissions from you to provide our services:
1. Your content: Some content that you share or upload may be protected by intellectual property laws. You retain ownership of the intellectual property rights (things like copyright or trademarks) in any such content that you create and share on Bond. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our service we need you to give us some legal permissions (known as a "license") to use this content.
2. Permission to use content you create and share: Specifically, when you share or upload content on or in connection with our Products, you hereby grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content. This means, for example, that if you share some writing on Bond, you give us permission to store, copy, and share it with others (again, consistent with your settings) such as the Bond Product or service providers that support this product and service, and that we may use your content to improve our and our affiliates’ products and/or services. This license will end when your content is deleted from our systems.
3. Usage Data; Aggregation: You agree that we will have the right to collect and analyze data and other information relating to your access to, use of, and performance on the Bond Product (“Usage Data”), and we may aggregate and anonymize data, including Usage Data, Output, or other content or data you provide while using the Bond Product, to create statistical or analytical information. We own all such aggregated and anonymized data and may use and share them for any lawful purpose. Examples of Usage Data include survey responses or responses to new feature testing, technical logs, metadata, telemetry data and information about how you use and interact with the Bond Products.
4. Deleting your content: You can delete individual content you share and upload at any time. It may take up to 90 days to delete content after we begin the deletion process or receive a content deletion request. If you send content to trash, the deletion process will automatically begin in 30 days unless you choose to delete the content sooner. While the deletion process for such content is being undertaken, the content is no longer visible to other users. Content will not be deleted within 90 days of the account deletion or content deletion process beginning in the following situations:
- where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted);
- where deletion within 90 days is not possible due to technical limitations of our systems, in which case, we will complete the deletion as soon as technically feasible; or
- where immediate deletion would restrict our ability to:
- investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Product or systems);
- protect the safety, integrity, and security of our Product, systems, service, our employees, and users, and to defend ourselves;
- comply with legal obligations for the preservation of evidence, including data providing financial products and services preserve to comply with any record keeping obligations required by law; or
- comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).
3.4 Limits on using our intellectual property
If you use content covered by intellectual property rights that we have and make available in our Product, we retain all rights to that content (but not yours). You can only use our copyrights or trademarks with our prior written permission. You must obtain our written permission (or permission under an open source license) to modify, translate, create derivative works of, decompile, or reverse engineer our products or their components, or otherwise attempt to extract source code from us, unless an exception or limitation applies under applicable law. We reserve all rights not expressly granted to you.
3.5 Copyright Complaints
We respect the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify us of your infringement claim in accordance with the procedure set forth below.
We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to our Copyright Agent at dmca@bond.now (Subject line: “DMCA Takedown Request”). You may also contact the Copyright Agent by mail or facsimile at:
2000 BroadwaySuite 102
Redwood City, CA 94063
Fax: +1 650-332-9343
To be effective, the notification must be in writing and contain the following information:
- a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;
- identification of the copyrighted work or other intellectual property that you claim has been infringed, or, if multiple copyrighted works or other intellectual property are covered by a single notification, a representative list of such works or other intellectual property;
- identification of the content that is claimed to be infringing or to be the subject of infringing activity, and where the content that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
- a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or are authorized to act on the behalf of the owner of the copyright or intellectual property that is allegedly infringed.
Counter-Notice: If you believe that content shared or uploaded by you that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your shared content, you may send a written counter-notice containing the following information to the Copyright Agent:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement by you, made under penalty of perjury, that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content to be removed or disabled; and
- your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within the State of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, we will send a copy of the counter-notice to the original complaining party informing them that we may replace the removed content or cease disabling it within ten (10) business days. Unless the owner of the applicable copyrighted work or other intellectual property files an action seeking a court order against us or the user, the removed content may be replaced, or access to it restored, within ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our sole discretion.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and at our sole discretion, the accounts of users who are deemed to be repeat infringers. We may also at its sole discretion limit access to the Product and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement
3.6 Use of AI Tools
You understand that our Product utilizes artificial intelligence technology (collectively, “AI Tools”). Notwithstanding anything herein, we do not make any warranty as to, and will have no liability with respect to, AI Tools, the output of the AI Tools (“Output”), the results that may be obtained from the use of AI Tools or Output or the accuracy of any information obtained through AI Tools or in the Output, all of which is at your sole risk. You should not rely on factual assertions in Output without independently fact checking their accuracy. No information or advice, whether oral or written, obtained by you from or through AI Tools creates any warranty.
3.7 Telephonic Communications
By using our Product and providing us with your telephone number(s), you are consenting to be contacted by us or our partners by telephone (including on a recorded line), automated calling, automated telephone dialing system calling, automated system calling, artificial voice or pre-recorded calling, text message, SMS and/or MMS message, fax, or other telephonic or electronic means for marketing, solicitation, informational or another purposes, even if your telephone number(s) is registered on the National Do Not Call List, a state Do not Call List, or our internal Do Not Call List. In the event you no longer wish to receive such calls, text messages or other telephonic communications, you agree to notify us directly. In the event you change or deactivate your telephone number, you agree to promptly update your account information to ensure that your messages are not sent to a person that acquires your old telephone number.
By reply to any text, SMS or MMS message you receive from us, you may text “STOP” to cancel or “HELP” for customer support information. If you choose to cancel text, SMS or MMS messages from us, you agree to receive a final message from us confirming your cancellation.
3.8 Third-Party Distribution Channels
We offer mobile applications (“Mobile Apps”) that may be made available through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). If you obtain such Mobile Apps through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. These Terms are between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Platform, you agree to comply with all applicable terms of any agreement for such third-party products and services.
1. Apple-Enabled Software: With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product (the “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms, the following terms and conditions apply:
- Bond and you acknowledge that these Terms is concluded between Bond and you only, and not with Apple Inc. (“Apple”), and that as between Bond and Apple, Bond, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
- You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the Apple Media Services Terms and Conditions.
- Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs.
- Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
- Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software, if any, to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be our sole responsibility, to the extent it cannot be disclaimed under applicable law.
- Bond and you acknowledge that Bond, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including: (a) product liability claims (b) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement and (c) claims arising under consumer protection, privacy, or similar legislation.
- In the event of any third-party claim that the Apple-Enabled Software or your possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Bond and Apple, Bond, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
- You represent and warrant that (a) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
- If you have any questions, complaints, or claims with respect to the Apple-Enabled Software, they should be directed to Bond at support@bond.now.
- You must comply with applicable third-party terms of agreement when using the Apple-Enabled Software, e.g., your wireless data service agreement.
- Bond and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you with respect to the Apple-Enabled Software as a third-party beneficiary thereof.
2. Google-Sourced Software: The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that these Terms are between you and Bond only, and not with Google, Inc. (“Google”) (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software (d) Bond, and not Google, is solely responsible for Bond’s Google-Sourced Software (e) Google has no obligation or liability to you with respect to Google-Sourced Software or these Terms and (f) you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Bond’s Google-Sourced Software.
4. Additional provisions
4.1 Updating our Terms
We work constantly to improve our services and develop new features to make our Product better for you and our community. As a result, we may need to update these Terms from time to time to accurately reflect our services and practices, to promote a safe and secure experience on our Product and service, and/or to comply with applicable law. Unless otherwise required by law, we will post the changes on this page and will indicate at the top of this page the date these Terms were last revised. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Once any updated Terms are in effect, you will be bound by them if you continue to access or use our Products. We hope that you will continue using our Products, but if you do not agree to our updated Terms or wish to terminate your agreement to this contract, you can delete your account at any time and you must also stop accessing, or using Bond.
4.2 Account suspension or termination
We want Bond to be a place where people feel welcome and safe to express who they really are and share their thoughts and ideas. If we determine, in our discretion, that you have clearly, seriously or repeatedly breached our Terms or Policies, we may suspend or permanently disable your access to Bond Products, and we may permanently disable or delete your account. We may also disable or delete your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons. We may disable or delete your account if after registration your account is not confirmed, your account is unused and remains inactive for an extended period of time, or if we detect someone may have used it without your permission and we are unable to confirm your ownership of the account. Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our service, systems or Product; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. If you delete or we disable or delete your account, and you stop accessing, using, or visiting Bond, or if this contract is otherwise terminated, then these Terms shall terminate as an agreement between you and us, except for the following provisions, which will remain in place: (3, 4.2-4.5).
4.3 Limits on liability
We work hard to provide the best Product we can and to specify clear guidelines for everyone who uses them. Our Product, however, is provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what people and others do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
WE CANNOT PREDICT WHEN ISSUES MIGHT ARISE WITH OUR PRODUCT. ACCORDINGLY, OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND UNDER NO CIRCUMSTANCE WILL WE BE LIABLE TO YOU FOR ANY LOST PROFITS, REVENUES, INFORMATION, OR DATA, OR CONSEQUENTIAL, SPECIAL, INDIRECT, EXEMPLARY, PUNITIVE, OR INCIDENTAL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR THE BOND PRODUCT (HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, INCLUDING NEGLIGENCE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
4.4 Indemnification
You agree to hold harmless, release, defend, and indemnify us and our officers, directors, employees, contractors, agents, affiliates, and subsidiaries (collectively, “Bond Parties”) from and against all claims, damages, obligations, losses, liabilities, costs, and expenses arising from: (a) your access to or use of any Product (including any content shared or uploaded by you) or (b) your violation of any term or condition of these Terms, the right of any third party, or any other applicable law, rule, or regulation. We will provide notice to you of any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section, and you agree to cooperate with any reasonable requests assisting our defense of such matter. You may not settle or compromise any claim against any of the Bond Parties without our written consent.
4.5 Dispute Resolution By Binding Arbitration
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
1. Agreement to Arbitrate:
This Dispute Resolution by Binding Arbitration section is referred to in these Terms of Service as the “Arbitration Agreement.” You agree that any and all disputes or claims that have arisen or may arise between you and Bond, whether arising out of or relating to these Terms of Service (including any alleged breach thereof), the Service, any advertising, or any aspect of the relationship or transactions between us, will be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into these Terms of Service, you and Bond are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
2. Prohibition of Class and Representative Actions and Non-Individualized Relief:
YOU AND BOND AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BOND AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S), EXCEPT THAT YOU MAY PURSUE A CLAIM FOR AND THE ARBITRATOR MAY AWARD PUBLIC INJUNCTIVE RELIEF UNDER APPLICABLE LAW TO THE EXTENT REQUIRED FOR THE ENFORCEABILITY OF THIS PROVISION.
3. Pre-Arbitration Dispute Resolution:
We are always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer’s satisfaction by emailing customer support at support@bond.now. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute (“Notice”). The Notice to Bond should be sent to 2000 Broadway Suite 102, Redwood City, CA 94063 (“Notice Address”). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Bond and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Bond may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by us or you will not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Bond is entitled.
4. Arbitration Procedures:
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association’s (“AAA”) rules and procedures, including the AAA’s Consumer Arbitration Rules (collectively, the “AAA Rules”), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA’s consumer arbitration page, https://www.adr.org/consumer. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under these Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.Unless Bond and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by AAA. If your claim is for $10,000 or less, Bond agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.
5. Costs of Arbitration:
Payment of all filing, administration, and arbitrator fees (collectively, the “Arbitration Fees”) will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. To the extent any Arbitration Fees are not specifically allocated to either Bond or you under the AAA Rules, Bond and you shall split them equally; provided that if you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of such Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of any Arbitration Fees, Bond will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bond will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys’ fees will be governed by the AAA Rules.
6. Confidentiality:
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.
7. Severability:
If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement will be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled “Prohibition of Class and Representative Actions and Non-Individualized Relief” are invalid or unenforceable, then the entirety of this Arbitration Agreement will be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of these Terms of Service will continue to apply.
4.6 Miscellaneous
1. Severability: If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us.
2. Governing Law: These Terms will be governed by the laws of the State of California without regard to its conflict of law provisions.
3. No Transfer: You will not transfer any of your rights or obligations under these Terms to anyone else without our consent.
4. No Third-party Beneficiaries: These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. User Name Change: We may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
6. Feedback: We always appreciate your feedback and other suggestions about our products and services. But we may use feedback and other suggestions without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential.