Terms of Service

The following Terms of Service are entered into by and between You and WishUnbox LLC, a company incorporated under the laws of Wyoming, USA (together with its affiliates, "WishUnbox," "Company," "we," "our," or "us").

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the "Terms"), govern your access to and use of wishunbox.com, including any sub-domains (the "Site"), our mobile application, and our related services (together with the Site, the "Services"), whether as a guest, a Giver (Fan), or a registered Creator.

Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms, including the agreements incorporated by reference herein, you must not access or use the Services.

YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, OR ACCESSING OR USING THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.

If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent. In such event, "you" and "your" will refer and apply to your employer or such other legal entity.

Any personal data you submit to us or which we collect about you is governed by our Privacy Policy. You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this "Agreement."

PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND WISHUNBOX LLC CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 17). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.

2. Our Services

WishUnbox is a social gifting and wishlist marketplace designed for online content creators. We provide a secure platform that allows fans to support their favorite creators through voluntary cash gifts and wishlist fulfillment in a privacy-friendly environment.

Our Users

To summarize the roles on our Platform:

• A Creator is a user who has registered an account to create a wishlist of items or "Cash Gift" goals for their fans to fund.
• A Giver (Fan) is a user who sends a cash gift or funds a wishlist item for a Creator through the Services.
• A Gift refers to the voluntary transfer of funds from a Giver to a Creator. You acknowledge that WishUnbox provides the technology to facilitate this transfer and is not the recipient of the gift.

Modification of Terms

We reserve the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by updating the "Last Updated" date at the beginning of these Terms. By continuing to use the Services at any point after such update, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. You should review these Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Services. If you do not agree to the revised Terms, you must not access or use the Services.

3. Use of the Services; Account Set-Up and Security

Eligible Users

The Services are offered and available to users who are 18 years of age or older. To use WishUnbox and access any Content, you must meet the following requirements: (1) be 18 years of age or older, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in a country where the Service is available. You also confirm that any registration information that you submit to WishUnbox is true, accurate, and complete, and you agree to keep it that way at all times. If you do not meet the minimum age requirements, WishUnbox will be unable to register you as a user.

Account Ownership

As a Creator, you must register and create an account (an "Account"). You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account details. You are solely and fully responsible for all activities that occur under your Account, even if not authorized by you. Should you suspect any unauthorized use, you agree to contact WishUnbox immediately. Your Account is not transferable to any other person or entity.

Account Security

You accept all risks of unauthorized access to your Account and the information you provide. We may require you to provide additional information and documents (KYC) at the request of any competent authority or our third-party payment service provider (PSP), in order to comply with applicable anti-money laundering (AML) laws and regulations.

Usernames

We reserve the right to reclaim or require a change of any username that impersonates another person, is offensive, or infringes on a third party's intellectual property.

Electronic Communications

By creating an account, you consent to receive electronic communications from WishUnbox LLC. These include:

• Transactional Emails: Notices about your Account, password resets, and notifications when you receive a Gift.
• Service Updates: Information regarding changes to our features or Terms.
• Optional Notifications: You may opt-in to receive additional updates or community news via email; you can opt-out of non-essential emails at any time via account settings.

4. Payments, Fees, and Recurring Gifts

4.1. Sub-Merchant Onboarding and Data Security

WishUnbox LLC utilizes third-party Payment Service Providers (PSPs) to facilitate all transactions.

• Sub-Merchant Status: Creators acknowledge that they are onboarded as sub-merchants of our PSPs. Use of the Services constitutes acceptance of the respective PSP's terms.
• Data Protection: WishUnbox LLC does not store sensitive financial data (such as full credit card numbers or CVVs) on its databases. All sensitive payment information is handled and stored by our PCI-compliant third-party processors.

4.2. Fee Structure

• Giver (Fan) Fees: For every Gift transaction, the Giver agrees to pay a 10% Platform Service Fee to WishUnbox LLC. Additionally, the Giver is responsible for all PSP Processing Fees (transaction costs) incurred at the time of payment. These fees are added to the Gift amount at checkout.
• Creator (Payout) Fees: WishUnbox LLC does not charge the Giver for the Creator's withdrawal. However, Creators acknowledge that all fees related to the payout or withdrawal of funds (e.g., bank transfer fees, wire fees) are the sole responsibility of the Creator and will be deducted from their final balance by the PSP.

4.3. Recurring Gifts (Subscriptions)

Creators may offer "Recurring Gifts" (e.g., weekly, monthly, or daily support goals).

• Continuous Authorization: By subscribing to a Recurring Gift, the Giver expressly authorizes WishUnbox LLC and its PSPs to automatically charge the Giver's stored payment method at the agreed-upon frequency.
• Ongoing Fees: The 10% Platform Service Fee and applicable PSP fees will be applied to each recurring payment.
• Cancellation: Givers may cancel a Recurring Gift at any time through their account settings. Cancellations will stop future charges but will not result in a refund for payments already processed.

4.4. Donative Intent and No-Refund Policy

ALL PAYMENTS ARE FINAL, VOLUNTARY, AND NON-REFUNDABLE.

• Nature of the Payment: The Giver acknowledges that all payments (one-time or recurring) are voluntary gifts intended solely as a gesture of support for the Creator.
• No Commercial Exchange: These payments are not made in exchange for any specific goods, services, digital content, exclusive access, or "pay-per-view" material. The Giver acknowledges that the Creator has no legal obligation to provide anything in return for the Gift.
• Waiver of Refund Rights: Because the "Service" (the notification of support to the Creator) is delivered instantly upon payment, the Giver waives all rights to cancel, reverse, or claim a refund.

4.5. Chargeback Protection and Fraud Policy

• Contesting Disputes: As these are voluntary gifts, any chargeback is a violation of this Agreement. WishUnbox LLC will aggressively contest chargebacks by providing the Giver's bank with evidence of this Agreement, the Giver's "Donative Intent," and proof of the digital delivery of the notification.
• Account Termination: Any Giver who initiates an unauthorized chargeback or payment reversal will have their account permanently terminated and their details may be shared with payment fraud databases.
• Creator Responsibility: If a chargeback is successful, the Creator agrees that WishUnbox LLC may deduct the Gift amount plus any "Chargeback Fees" imposed by the bank from the Creator's current or future balance.

5. Content and User Generated Content

5.1. General Content Disclaimer

The contents of the Services ("Content") are for general information purposes only. Any use of our materials or information is at the user's own risk. WishUnbox LLC does not warrant or make any representations as to the expected results or outcomes of using the Content or the Service. We accept no liability for loss or damage resulting from reliance on the accuracy or completeness of the Content.

5.2. User Generated Content (UGC)

"User Generated Content" includes any text, images, or videos that you provide, submit, or publish on the Services, including your Wishlist and profile descriptions. You represent and warrant that your UGC:

• Will not be false, inaccurate, or misleading.
• Will not infringe on any third party's copyright, trademark, or privacy rights.
• Will not contain any viruses or malicious code intended to damage or intercept any system data.
• Will not create liability for WishUnbox LLC or cause us to lose the services of our PSPs or other suppliers.

5.3. Prohibited Items and Activities

WishUnbox is for all creators. We embrace a culture of diversity, ensuring creators from all industries can benefit from receiving gifts. However, to comply with the requirements of our Payment Service Providers (PSPs), your User Generated Content must not include or promote:

• Prohibited Items: Alcohol; Tobacco; Illegal substances; Items containing THC; Firearms; and Live animals.
• Illegal & Non-Consensual Material: Sharing or distributing materials of an obscene nature that depict illegal acts, non-consensual sexual acts, or the exploitation of minors.
• Commercial Exchange: Seeking payment for any specific service or goods. You can only receive voluntary gifts/donations and cannot promise or sell anything (such as custom digital media or physical products) in exchange for the gift.
• Offensive Conduct: Language or imagery that is unlawfully threatening, harassing, or intended to disgust.
• Discriminatory Content: We strictly prohibit content that promotes hatred, violence, or discrimination based on race, ethnicity, nationality, religion, disability, age, gender, or sexual orientation. This includes a zero-tolerance policy for transphobic harassment or hate speech.

5.4. Platform as a Conduit

You are solely responsible for your User Generated Content. WishUnbox LLC acts merely as a passive conduit for your online distribution. We are not involved in the creation or development of your UGC and disclaim all responsibility for it.

5.5. License to Use Content

By making UGC available through the Services, you grant WishUnbox LLC a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license to use, access, view, copy, modify, and publicly display such content solely for the purpose of operating and promoting the Services. We do not claim ownership rights in your UGC.

5.6. Right to Take Action

We reserve the right, in our sole discretion, to remove any Content or terminate any account that we deem to be unacceptable or in violation of these Terms or the acceptable use policies of our PSPs.

6. Sponsorships, Gifts, and Disclaimers

6.1. Nature of the Gift

All payments made through the Services are non-refundable gift donations. They are made out of goodwill to the Creator. You acknowledge that you are "sponsoring" a Creator's lifestyle or specific wishlist goals. Once a Gift is sent, it is at the User's sole discretion as to how those funds are utilized. WishUnbox LLC does not guarantee, warrant, or represent that a Creator will use the funds for the specific purpose stated on their wishlist.

6.2. No Rewards or Promises

WishUnbox LLC strictly prohibits Creators from offering any goods, services, private content, or physical rewards in exchange for Gifts. Any such offers made by Creators are independent of this Platform and are expressly prohibited. Violation of this rule will result in account deactivation. We are not responsible for, nor do we condone, any external promises made by Users.

6.3. Assumption of Risk

You are expected to do your own research on a Creator before sending a Gift. While WishUnbox LLC performs basic identity verification (KYC) for payout purposes, we do not warrant the authenticity, character, or "truthfulness" of any Creator's profile. All Gifts are sent at the Giver's own risk.

6.4. Third-Party Payout Providers

WishUnbox LLC engages independent, licensed third-party payout providers (the "Payout Providers") to facilitate the transfer of funds to Creators.

• You acknowledge that WishUnbox LLC does not process, hold, or transmit the actual Gift funds; this is handled entirely by the Payout Providers.
• Our role is limited to providing the technology that communicates the Giver's intent to the Payout Provider.
• Creators are responsible for reviewing and accepting the terms of our Payout Providers to receive their funds.

7. Taxes and Compliance

7.1. Creator Tax Responsibility

As a Creator, you have sole responsibility and liability for all reporting and payment of any Taxes (including income tax, sales tax, or VAT) applicable to the receipt of Gifts in your jurisdiction.

• You warrant that you will comply with all local tax laws. Failure to do so may result in the freezing of your account.

8. External Sites and Third-Party Links

8.1. Nature of External Links

The Services may include hyperlinks to other websites, including those of partner merchants, social media platforms, or external resources (collectively, the "External Sites"). These links are provided solely as a convenience to our Users. You acknowledge and agree that WishUnbox LLC has no control over any External Sites and does not monitor, review, or endorse the content, products, or services offered therein.

8.2. Disclaimer of Liability

You acknowledge and agree that WishUnbox LLC is not responsible for the availability, accuracy, or legality of any External Sites. We shall not be liable for any loss or damage, financial or otherwise, incurred as a result of:

• Your access to or use of any External Sites;
• Any reliance placed by you on the completeness, accuracy, or existence of any advertising, products, or other materials on or made available through such External Sites;
• Any transaction conducted between you and a third-party merchant or service provider.

8.3. User Assumption of Risk

Your use of any website controlled, owned, or operated by third parties is governed by the specific terms of service and privacy policies of those websites. You access such External Sites entirely at your own risk. WishUnbox LLC expressly disclaims any liability arising in connection with your use or viewing of any material associated with links that appear on the Services.

8.4. Right to Remove

While we have no obligation to monitor External Sites, WishUnbox LLC reserves the right, in its sole discretion and without notice, to limit, disable, or remove links to any External Sites that we deem to be in violation of our Community Values, Payment Service Provider (PSP) guidelines, or applicable law.

8.5. Hold Harmless

You hereby agree to hold WishUnbox LLC harmless from any and all liability, claims, or damages that may result from your use of links that appear on the Services.

9. Intellectual Property Rights

9.1. Ownership of Proprietary Material

All text, graphics, editorial content, data, formatting, designs, HTML, "look and feel," photographs, music, sounds, images, software, videos, trademarks, logos, typefaces, and other content (collectively, "Proprietary Material") that you see or read through the Services is owned by WishUnbox LLC, excluding User Generated Content (UGC), which is licensed to us under Section 5.

9.2. Legal Protection

Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. We own all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such materials as a "Collective Work" under the United States Copyright Act. You may not copy, download, redesign, or retransmit anything from the Services without our express prior written consent.

9.3. Trademarks

The service marks and logos, including "WishUnbox LLC" and its associated branding, are proprietary marks owned by WishUnbox LLC. Any other trademarks or logos appearing on the Services are the property of their respective owners. You are prohibited from using any of these marks without the express prior written consent of the owner.

9.4. Feedback and Suggestions

You may choose to submit comments, ideas, or feedback about how to improve our Services ("Feedback"). By submitting Feedback, you agree that:

• Your disclosure is voluntary, unsolicited, and without restriction.
• It does not place WishUnbox LLC under any fiduciary or other obligation.
• We are free to use the Feedback without any additional compensation to you.
• We may disclose the Feedback on a non-confidential basis to anyone.
• You acknowledge that all email and correspondence submitted to us becomes our sole and exclusive property.

10. Limited License

10.1. Grant of License

Subject to your strict compliance with these Terms, WishUnbox LLC hereby grants you a limited, revocable, non-exclusive, non-transferable, non-assignable, and non-sublicensable "as-is" license to access and use the Services and related content for your own personal, non-commercial use.

10.2. Restrictions

This license is strictly subject to these Terms and does not include any right to:

• Commercial Use: Sell, resell, or otherwise use the Services or our proprietary content for any commercial purpose not expressly permitted by the Platform.
• Distribution: Distribute, publicly perform, or publicly display any of our proprietary content or software.
• Modification: Modify, adapt, translate, or otherwise create derivative works of the Services, or any portion thereof.
• Data Mining & Scraping: Use any data mining, robots, spiders, or similar data gathering or extraction methods to "scrape" or harvest data from the Site, especially regarding Creator or Giver information.
• Unauthorized Downloading: Download (other than standard page caching) any portion of the Services, except as expressly permitted by us in writing.
• Misuse: Use the Services for any purpose other than their intended social gifting and wishlist functions.

10.3. Termination of License

Any use of the Services other than as specifically authorized in these Terms, without the prior written permission of WishUnbox LLC, is strictly prohibited and will result in the automatic termination of the license granted herein. We reserve the right to revoke this license at any time, for any reason, at our sole discretion.

11. Prohibited Uses and Prohibited Activity

11.1. System Security

You shall not attempt to gain unauthorized access to any portion or feature of the Services, or any other systems or networks connected to the Services, by hacking, password "cracking," or any other illegitimate means. You may not breach the security or authentication measures of the Services or otherwise attempt to interfere with the proper functioning of the Platform.

11.2. Restricted Technical Actions

You agree not to, and will not assist others to:

• Reverse Engineer: Decompile, disassemble, or extract information from the Services to create derivative works or duplicates.
• Malicious Software: Upload or store any materials that contain viruses, Trojan horses, or any other harmful code or mechanisms.
• Mirroring: Link to, mirror, or frame any portion of the Services without our express written permission.
• Scraping: Use any automated systems (robots, spiders, or scrapers) to survey or data mine Creator or Giver information.
• Impersonation: Falsify your identity or impersonate any other person or entity.

11.3. Prohibited Financial Conduct

It is strictly prohibited for Users to collect or send funds with the implicit or explicit purpose of facilitating illegal activities or prohibited commercial exchanges.

• The Gifting Requirement: WishUnbox LLC only allows the sending of Gifts with donative intent. You acknowledge that no goods or services may be requested or expected in return for a Gift.
• No Commercial Trading: The Services must not be used to trade goods, services, or access to private content in return for contributions. If WishUnbox LLC determines that a transaction is a commercial exchange rather than a voluntary Gift, we reserve the right to deactivate the involved accounts immediately.

11.4. Waiver of Expectation

By utilizing the Services, Givers clearly understand and agree that they have no entitlement or expectation to receive any service, item, or digital benefit from Creators in compensation for a Gift. You acknowledge that your action is a deliberate choice to provide support to a Creator with no expectation of any return. You hereby waive any and all claims against WishUnbox LLC related to the failure of a Creator to provide a service or product, as such exchanges are firmly opposed by the Platform.

11.5. Right to Review and Deactivate

WishUnbox LLC reserves the right, in its sole and absolute discretion, to review the use of the Platform, freeze pending payouts, or permanently close any User account if we determine that the Services are being used in a manner contrary to these Prohibited Activities.

12. Disclaimer of Warranties

12.1. "As-Is" Basis

THE SERVICES, INCLUDING ALL CONTENT, FUNCTIONS, AND THE "CASH GIFT" TECHNOLOGY, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. WISHUNBOX LLC AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICES:

• WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS;
• WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS;
• WILL BE ACCURATE, RELIABLE, LEGAL, OR SAFE.

12.2. No Financial or Success Warranty

WISHUNBOX LLC MAKES NO REPRESENTATIONS REGARDING THE AMOUNT OF GIFTS A CREATOR MAY RECEIVE OR THE AUTHENTICITY OF ANY GIVER'S INTENT. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

12.3. Content and Third-Party Risks

WE DO NOT REPRESENT OR WARRANT THAT CONTENT ON THE SERVICES IS ACCURATE, COMPLETE, OR CURRENT. WHILE WE ATTEMPT TO MAKE YOUR ACCESS TO AND USE OF THE SERVICES SAFE, WE CANNOT AND DO NOT REPRESENT OR WARRANT THAT OUR SERVICES OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES.

12.4. Operational Liability

WISHUNBOX LLC WILL NOT BE LIABLE FOR ANY LOSS OF ANY KIND ARISING FROM ANY ACTION TAKEN IN RELIANCE ON MATERIAL OR INFORMATION CONTAINED ON THE SERVICES. WE ASSUME NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, OR IMAGES FROM THE SERVICES.

12.5. Security and Internet Risks

YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND TRANSACTING OVER THE INTERNET. WISHUNBOX LLC IS NOT RESPONSIBLE FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE. WE ARE NOT RESPONSIBLE FOR THE POTENTIAL LOSS OF FUNDS RESULTING FROM CYBER-ATTACKS, PSP OUTAGES, OR ERRORS IN THE THIRD-PARTY PAYOUT INFRASTRUCTURE.

13. Limitation of Liability

13.1. Exclusion of Damages

To the fullest extent permitted by law, in no event shall WishUnbox LLC, its directors, employees, or agents be liable to you or any third party for any lost profits, or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from these Terms or your use of the Services. This includes, without limitation, damages for loss of revenue, loss of business, loss of anticipated savings, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

13.2. Assumption of Risk

Access to, and use of, the Services is undertaken at your own discretion and risk. You will be solely responsible for any damage to your computer system or mobile device, or any loss of data that results from such use.

13.3. Maximum Aggregate Liability

Notwithstanding anything to the contrary contained herein, in no event shall the maximum aggregate liability of WishUnbox LLC arising out of or in any way related to these Terms, your access to the Services, or any Content, exceed the greater of:

• $100.00 (One Hundred US Dollars); or
• The total amount of fees paid by you to WishUnbox LLC for the specific Services that are the subject of the claim during the six (6) months preceding the event giving rise to the liability.

13.4. Merchant and Third-Party Actions

WishUnbox LLC is not liable for any actions, policies, or activities of third-party Merchants or Creators. We are not responsible for any Creator's failure to comply with their own privacy policies or any applicable local laws. Any dispute regarding a third-party's conduct must be resolved directly with that party.

13.5. Jurisdictional Variations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. In such cases, our liability will be limited to the greatest extent permitted by the laws of such jurisdiction.

14. Indemnification

14.1. Duty to Indemnify

You hereby agree to indemnify, defend, and hold harmless WishUnbox LLC and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (collectively, the "Indemnified Parties") from and against any and all liabilities, claims, damages, losses, costs, and expenses (including, but not limited to, reasonable attorneys' fees and court costs) incurred in connection with:

• (i) Use of Services: Your use of, or inability to use, the Services;
• (ii) Breach of Agreement: Your breach or violation of any provision in these Terms or any documents incorporated herein by reference;
• (iii) Violation of Laws: Your violation of any applicable local, state, national, or international law, or your violation of the rights of any other user or third party;
• (iv) Content Liability: Any User Generated Content (UGC) submitted by you or using your Account, including, but not limited to, content that infringes on the intellectual property rights of a third party, violates privacy rights, or is otherwise deemed illegal or unlawful.

14.2. Technical Abuse

You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our technical infrastructure.

14.3. Control of Defense

WishUnbox LLC reserves the right, in its sole and absolute discretion, to assume the exclusive defense and control, at its own expense, of any matter otherwise subject to indemnification by you. In such an event, you agree to cooperate fully with WishUnbox LLC in asserting any available defenses.

14.4. Settlement

You shall not, in any event, settle any claim, lawsuit, or matter that is subject to this Section without the prior written consent of WishUnbox LLC.

15. Compliance, Sanctions, and Financial Integrity

15.1. Sanctions Warranty

By using the Services, you represent and warrant that you are not the subject or target of any financial or trade sanctions administered or enforced by:

• The U.S. Government (including the Office of Foreign Assets Control of the U.S. Department of the Treasury (OFAC), the U.S. Department of State, and the Specially Designated Nationals (SDN) List);
• The United Nations Security Council;
• The European Union;
• His Majesty's Treasury of the United Kingdom; or
• Any other relevant sanctions authority in the jurisdictions in which we operate.

15.2. Prohibition on Unlawful Use

You must not use WishUnbox LLC for any unlawful purpose. We reserve the right to immediately restrict, suspend, or terminate your access if we suspect the Services are being used for illegal activities. Unlawful purposes include, but are not limited to:

• Illegal Transactions: The collection or transfer of funds for goods or services prohibited by the laws of the United States or the local jurisdiction of the Giver or Creator.
• Sanctioned Entities: The attempt to send or receive Gifts from individuals, groups, or merchants sanctioned by the Relevant Sanction Authorities.
• Restricted Regions: Using the Services in a location, region, or country currently subject to comprehensive trade sanctions (e.g., Crimea, Iran, North Korea, Syria).

15.3. Anti-Money Laundering (AML) Compliance

To prevent money laundering and the financing of terrorism, WishUnbox LLC and its Payment Service Providers (PSPs) monitor all transactions for suspicious activity.

• Verification: You agree to provide any additional information requested to verify your identity or the source of funds.
• Reporting: You acknowledge that we may be required by law to report suspicious transactions to relevant government authorities (such as FinCEN in the United States) without providing notice to you.
• Structuring: Any attempt to "structure" payments (breaking large payments into small ones to avoid detection) is a violation of these Terms and will result in immediate account deactivation.

16. Confidentiality

16.1. Confidential Information Defined

The term "Confidential Information" means all trade secrets, proprietary information, and data belonging to WishUnbox LLC that is not generally known to the public. This includes, but is not limited to: technical data, "know-how," product plans, creator and fan databases, software code, marketing strategies, financial information, and any proprietary formulas or logic used to facilitate the Services.

16.2. Non-Disclosure Obligations

You acknowledge that Confidential Information is a unique and valuable asset of WishUnbox LLC. You agree that you will not disclose, transfer, or use any Confidential Information for any purpose other than using the Services in accordance with these Terms.

16.3. Protection of Information

You shall use your best efforts to protect Confidential Information from unauthorized disclosure. If you become aware of any unauthorized use or disclosure, you must notify WishUnbox LLC in writing immediately.

16.4. Return of Materials

Upon termination of your account or at our request, you must return or destroy all materials containing Confidential Information in your possession.

17. Dispute Resolution – Arbitration & Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. THIS SECTION REQUIRES YOU TO RESOLVE DISPUTES WITH WISHUNBOX LLC THROUGH BINDING ARBITRATION RATHER THAN IN COURT.

17.1. Informal Resolution

We want to address your concerns without a formal legal case. Before filing a claim, you agree to try to resolve the dispute informally by contacting support@wishunbox.com. We will attempt to resolve the matter through good-faith negotiation. If the dispute is not resolved within thirty (30) days of your notice, either party may initiate a formal arbitration proceeding.

17.2. Agreement to Arbitrate

You and WishUnbox LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms or the use of the Services (collectively, "Disputes") will be settled by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Rules, if applicable).

17.3. Class Action Waiver

YOU AND THE COMPANY AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ON AN INDIVIDUAL BASIS ONLY AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You expressly waive your right to file or participate in a class-action lawsuit.

17.4. Arbitration Process & Virtual Hearings

• Rules: The arbitration will be governed by the AAA Rules in effect at the time of filing.
• Virtual Default: In accordance with 2025 AAA standards, hearings will be conducted virtually (via video or telephone) unless the arbitrator determines an in-person hearing is necessary.
• Small Claims Option: Notwithstanding the above, you may choose to pursue your claim in "Small Claims Court" rather than arbitration, provided the claim remains in small claims court and proceeds only on an individual basis.

17.5. Governing Law and Venue

The arbitrator shall apply the laws of the State of Wyoming, consistent with the Federal Arbitration Act. The seat of the arbitration shall be Cheyenne, Wyoming, though the proceedings will be conducted remotely to the maximum extent permitted.

17.6. Fees

Each party's responsibility to pay filing and administrative fees will be as set forth in the AAA Rules. If the arbitrator finds your claim to be frivolous or brought for an improper purpose, we may seek to recover our legal fees and costs.

18. General Provisions

18.1. Entire Agreement

These Terms, including our Privacy Policy and any supplemental terms, constitute the entire legal agreement between you and WishUnbox LLC. This agreement governs your use of the Services and completely replaces any prior agreements or understandings, whether oral or written, regarding your use of the Platform.

18.2. Independent Contractor

Your relationship to WishUnbox LLC is that of an independent contractor. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company.

18.3. Severability

Should any part of these Terms be held invalid, illegal, void, or unenforceable by a court or arbitrator, that specific portion will be deemed severed from these Terms. This will not affect the validity or enforceability of the remaining provisions, which shall remain in full force and effect.

18.4. No Waivers

Our failure or delay in exercising any right or provision of these Terms will not constitute a waiver of such right. Any waiver of a provision will only be effective if it is in writing and signed by an authorized representative of WishUnbox LLC.

18.5. Governing Law

All matters arising out of or relating to these Terms will be governed by and construed in accordance with the laws of the State of Wyoming, USA, without giving effect to any choice or conflict of law principles.

18.6. Venue

Subject to the Arbitration provisions in Section 17, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wyoming, USA, and you hereby irrevocably consent to the personal jurisdiction of such courts.

18.7. Notices

We may provide you with notices (including changes to these Terms) via email or by postings on the Services. Notices sent by email are effective when sent. It is your responsibility to keep your email address current in your account settings.

18.8. Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. WishUnbox LLC may assign its rights and obligations under these Terms at its sole discretion to an affiliate, a successor, or in connection with a merger, acquisition, or sale of assets.

18.9. Interpretation

The language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party. Section headings are for convenience only and have no legal effect.

18.10. Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

18.11. Force Majeure

WishUnbox LLC shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, server outages, internet failures, strikes, or government mandates.

18.12. California Consumer Notice

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834.

19. Changes to This Agreement and the Services

19.1. Right to Modify

WishUnbox LLC reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement, suspend, discontinue, or delete any of the terms and conditions of this Agreement (including these Terms and the Privacy Policy) at any time.

19.2. Notice of Changes

We will endeavor to notify you of material changes by email or by posting a notice on the Services. However, we are not liable for any failure to do so. It is your responsibility to check the "Last Updated" date at the top of these Terms regularly.

19.3. Acceptance of Changes

If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance, you must terminate and immediately stop using the Services. Your continued use of the Services following any revision constitutes your complete and irrevocable acceptance of any and all such changes.

19.4. Service Modifications

WishUnbox LLC may review, improve, modify, or discontinue, temporarily or permanently, the Services or any content therein at any time, effective with or without prior notice and without any liability to the Company. We may also impose limits on certain features or restrict your access to parts of the Services without notice or liability.

Contact Us

If you have any questions, concerns, or legal notices regarding these Terms, please contact us at:

• Email: support@wishunbox.com