Terms & Conditions

IMPORTANT – READ CAREFULLY:
By clicking the “Sign Up” button, or by accessing or otherwise using any portion of the Bounceler Hosted Service, you hereby expressly acknowledge and agree that you have read, understood, and agree to be legally bound by all of the terms and conditions of this Agreement, including the Limitation of Liability and the Arbitration provision.

If you do not agree to all of the terms and conditions of this Agreement, you must not access or use any portion of the Bounceler Hosted Service.

The Terms and Conditions of Use Agreement (“Agreement”) is entered on today’s date (the “Effective Date”), by and between JustdoMobi L.L.C., doing business as Bounceler, a Delaware limited liability company with its registered place of business at 16192 Coastal Highway, Lewes, DE 19958 ("Bounceler" or “Provider”), and you (“Customer”). Each party is individually referred to in this Agreement as a “Party” and collectively as the “Parties.”

In consideration of the benefits and obligations exchanged in this Agreement, the Parties agree as follows:

1. Definitions.

“Affiliate” means any entity which directly or indirectly controls, is controlled by, or is under common control of a Party.

“Agreement” means these Terms and Conditions of Use, together with any attached Schedules and any referenced documents incorporated herein.

“Content” means the information, documents, spreadsheets, and products made available to Customer through the Bounceler Hosted Service.

“Customer Registration Data” means any data, information, or material provided by Customer to Bounceler during the registration process for the Bounceler Hosted Service. Customer Registration Data collected may include Customer’s first name, last name, company name, gender, city, state, country, Internet Protocol (IP) address information, billing information, website, and the Customer’s email address.

“Customer Validation Data” means any data which Customer sends to Bounceler via the Bounceler Hosted Service to be processed. Customer Validation Data includes single email addresses and/or lists (txt files) of email addresses to be validated through the Bounceler Hosted Service. Customer Validation Data may also include any data which Customer shares with Bounceler by electing to use the Bounceler Hosted Service.

“Bounceler Hosted Service” means Provider’s online services accessed via the Site, including the Bounceler API software, and the Content which Customer is being granted access to under this Agreement. The Bounceler Hosted Service includes Provider’s email validation services and deliverability toolkit services, as further described below.

“Intellectual Property Rights” means patent rights, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and trade secret rights, and all other intellectual property rights, derivatives thereof as well as other forms of protection of a similar nature.

“Provider Technology” means all Provider proprietary technology made available to Customer in providing the Bounceler Hosted Service.

“Site” means www.bounceler.com 

2. License Grant and Restrictions

Subject to the Customer’s full and continuing compliance with the terms and conditions of this Agreement, and payment in full of all applicable fees and charges associated with its use of the Bounceler Hosted Service, the Provider hereby grants to the Customer a revocable, non-exclusive, non-transferable, and worldwide license to access and use the Bounceler Hosted Service solely for the Customer’s internal business operations and purposes.

Email Validation Services

Under this license, the Customer is permitted to upload Customer Validation Data to the Bounceler Hosted Service and to download the corresponding output files containing processed Customer Validation Data, as made available through the Bounceler Hosted Service.

Deliverability Toolkit Services

This license further permits the Customer to access and use the Deliverability Toolkit features, including the inbox tester and email server tester tools provided through the Bounceler Hosted Service. The scope and availability of these Deliverability Toolkit services are determined by, and limited to, the Customer’s applicable subscription plan and tier level.

Customer Restrictions

The Customer expressly agrees not to, and shall ensure that no third party under its control or acting on its behalf shall:

1. Access and Use
    (a) License, sublicense, sell, resell, transfer, assign, distribute, provide access to, or otherwise make the Bounceler Hosted Service available to any third party, except as expressly permitted under this Agreement;
    (b) Modify, adapt, translate, or create derivative works based upon the Bounceler Hosted Service; or
    (c) Decompile, disassemble, reverse engineer, or otherwise attempt to derive or discover the source code, underlying structure, ideas, or algorithms of the Bounceler Hosted Service or any portion thereof, or permit or assist any third party to do so.
   
   

2. Prohibited Activities
    The Customer shall not, whether directly or indirectly:
    (a) Use the Bounceler Hosted Service or Provider Technology to send unsolicited or unauthorized emails, including without limitation, promotional materials, advertisements, or spam, or otherwise send any communications in violation of applicable law;
    (b) Upload, transmit, or store any material on or through the Bounceler Hosted Service that is infringing, obscene, defamatory, libelous, or otherwise unlawful, offensive, or tortious;
    (c) Upload, transmit, or otherwise introduce any viruses, worms, Trojan horses, malicious code, or other harmful computer programs or elements to or from the Bounceler Hosted Service;
    (d) Interfere with, disrupt, or compromise the integrity or performance of the Bounceler Hosted Service or any data contained therein;
    (e) Attempt to gain unauthorized access to the Bounceler Hosted Service, its related systems, networks, or data; or
    (f) Use the Bounceler Hosted Service in any manner that violates applicable law, regulation, or third-party rights.

3. Customer Responsibilities

The Customer shall be solely responsible for all activities conducted under its account, including ensuring that it possesses all necessary rights, permissions, and lawful authority to upload and use Customer Validation Data through the Bounceler Hosted Service.

The Customer shall use the Bounceler Hosted Service in strict compliance with all applicable laws, treaties, and regulations, including those relating to data protection, privacy, and electronic communications.

The Customer acknowledges and agrees that it bears full responsibility for its use of the Bounceler Hosted Service and for all outcomes, results, and actions derived therefrom, including, without limitation, any processing, transmission, or utilization of Customer Validation Data following its use of the Bounceler Hosted Service.

4. Data Usage, Retention, and Ownership

Data Roles. The Parties acknowledge and agree that, for the purposes of Customer Validation Data (which may include Personal Data), the Customer acts as the Data Controller (or Business under the CCPA), and Bounceler acts as the Data Processor (or Service Provider under the CCPA).Bounceler will process Customer Validation Data only as needed to provide the Services described in this Agreement.

Use of Data. The Provider may collect, process, and use Customer Registration Data and Customer Validation Data solely as necessary to operate, maintain, and provide the Bounceler Hosted Service for the benefit of the Customer and in accordance with the Customer’s instructions. The Provider shall not sell, retain, use, or disclose Customer Validation Data for any purpose other than the specific purpose of performing the Services under this Agreement, including any form of cross-context behavioral advertising.

Data Retention. Customer Validation Data uploaded by the Customer may be securely stored and encrypted by the Provider for up to thirty (30) days following completion of processing, solely to enable the Customer’s continued access to results and service outputs. The Customer, as Data Controller, acknowledges and instructs the Provider to process and retain the data for this 30-day period. Notwithstanding this, the Provider will comply with any earlier written instruction from the Customer to delete the data.

Data Ownership. Customer Validation Data constitutes the Customer’s proprietary and confidential information (“Confidential Information”) and shall not be accessed, used, or disclosed by the Provider except as expressly permitted under this Agreement. The Customer retains sole ownership and responsibility for the accuracy, legality, and intellectual property rights of all Customer Validation Data submitted. The Customer may delete any or all Customer Validation Data at any time through the Customer dashboard or other available means.

Privacy Policy. All Customer data shall be collected, processed, stored, and protected in strict accordance with the Provider’s then-current Privacy Policy, which is incorporated herein by reference.

5. Publicity. 

Provider may use Customer’s name and logo on Company's website and in its promotional materials to state that Customer is a customer.
Notwithstanding the foregoing, if the Customer specifically requests in writing not to be identified or to have its logo used, the Provider shall promptly refrain from or discontinue such use.

6. Intellectual Property Ownership. 

The Provider retains all right, title, and interest, including all related Intellectual Property Rights, in and to the Provider Technology, Content, and the Bounceler Hosted Service. This includes, without limitation, any derivatives, improvements, enhancements, or extensions developed by the Provider, and any associated federal, state, or international rights.

The Provider expressly reserves all rights not expressly granted to the Customer under this Agreement, including the right to license or otherwise make available the Provider Technology, Content, and Bounceler Hosted Service to third parties.

This Agreement does not constitute a sale and does not convey any ownership rights in the Bounceler Hosted Service. The Customer’s rights are limited solely to the use of the Bounceler Hosted Service in accordance with the terms of this Agreement, and no other rights, title, or interests are transferred or implied.

Derived and Aggregated Data

The Provider may generate, use, and retain aggregated, anonymized, or derived data resulting from the operation of the Bounceler Hosted Service, provided that such data does not identify or disclose any individual Customer or Customer Validation Data.
 All rights, title, and interest in such aggregated or derived data will belong exclusively to the Provider, who may use it for purposes including, but not limited to, improving the service, developing new features, analytics, benchmarking, and research.

7. Confidentiality. 

The Customer acknowledges that the Provider Technology, Content, and the Bounceler Hosted Service contain valuable trade secrets and other confidential or proprietary information of the Provider (“Confidential Information”), including, without limitation, the architecture, design, structure, appearance, organization, and functionality of such technology and services. The Customer agrees not to disclose, share, transfer, or otherwise make available any of the Provider’s Confidential Information to any third party, and shall take all reasonable steps to prevent unauthorized access, reproduction, or distribution thereof.

The Provider acknowledges that Customer Registration Data and Customer Validation Data constitute the Customer’s Confidential Information, and agrees to use such information solely in accordance with this Agreement.

Each Party shall exercise a level of care in protecting the other Party’s Confidential Information that is no less than the degree of care it uses to protect its own confidential information, and in no event less than a reasonable standard of care.

Confidential Information shall not include information that:
 (a) is or becomes publicly available through no fault or breach by the receiving Party;
 (b) was lawfully in the receiving Party’s possession prior to disclosure, without restriction on use or disclosure;
 (c) is rightfully received by the receiving Party from a third party without a duty of confidentiality;
 (d) is independently developed by the receiving Party without use of or reference to the disclosing Party’s Confidential Information; or
 (e) is required to be disclosed by law, regulation, or court order, provided that the receiving Party promptly notifies the disclosing Party (to the extent legally permitted) to allow it to seek a protective order or other appropriate remedy.

8. Privacy and Site Terms of Use. 

Provider’s Privacy Policy and the Terms of Use applicable to use of our Site (“Site Terms of Use”) are available at https://www.bounceler.com/privacy-policy/ .

The referenced Privacy Policy and the Site Terms of Use in existence at the time of the signing of this Agreement are incorporated into and made part of this Agreement. In the event of a conflict between the terms herein and those contained in the Privacy Policy or the Site Terms of Use, the terms of this Agreement shall control to the extent of the conflict. Provider may modify its Privacy Policy and the Site Terms of Use in its reasonable discretion from time to time, without any notice to Customer.

9. Business Associate Agreement. 

If and to the extent that the Customer operates within the healthcare industry and/or the provision of the Services involves the transfer, processing, or storage of any “Protected Health Information” (“PHI”) as defined under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health Act (“HITECH”), and the implementing regulations promulgated thereunder at 45 C.F.R. Parts 160 and 164 (collectively, the “HIPAA Rules”), the Customer shall be required to execute a Business Associate Agreement (“BAA”) with the Provider. Such BAA shall be incorporated by reference into, and form an integral part of, this Agreement.

10. Charges and Payment of Fees. 

(a) Payment Fees

(i) Email Validation Services.

Unless otherwise expressly agreed in writing between the Parties, the Customer shall be solely responsible for the payment of all fees and charges associated with its use of the Email Validation Services, in accordance with the then-current pricing and payment terms published on the Provider’s website at https://www.bounceler.com/#pricing and full list can be found at https://app.bounceler.com/purchase/credits (after login)

(b) Payment Terms

Unless otherwise expressly agreed in writing between the Parties, the Provider may revise the fees applicable to the Bounceler Hosted Service at any time, with such changes taking effect immediately upon written notice to the Customer. Any revised fees shall apply solely to use of the Bounceler Hosted Service occurring after the effective date of such change. Unless otherwise stated, all fees are denominated and payable in U.S. Dollars (USD).

The Customer shall pay the Provider in advance for use of the Bounceler Hosted Service by manually purchasing credits through the Provider’s platform. The Provider does not operate on a recurring or subscription-based billing model. All purchases and prepayments for credits are final, non-cancellable, and non-refundable.

If credits are issued to the Customer prior to payment, and payment is not received within thirty (30) days of issuance:
 (a) any unused credits shall be temporarily deactivated until full payment is received; and
 (b) interest shall accrue on the outstanding amount at a rate of one and one-half percent (1.5%) per month, or the maximum rate permitted by applicable law, whichever is lower.

By submitting any credit or debit card information, the Customer represents and warrants that it is duly authorized to use such card and hereby authorizes the Provider to charge it for any applicable fees. The Customer further authorizes the Provider to share such payment information with third-party payment processors as reasonably necessary to complete the transaction. All payments are subject to approval by the issuing financial institution. If a payment is declined or not authorized, the Provider may cancel the corresponding transaction and deny access to the Bounceler Hosted Service.

Except as expressly provided under any promotional offer, access to the Bounceler Hosted Service (or any specific tools or features thereof) shall only be granted to the Customer upon successful purchase of credits.

11. Credit Purchase and Cancellation Policy

Unless otherwise expressly agreed in writing between the Parties, access to the Bounceler Hosted Service is provided solely on a prepaid, credit-based model, and not on a recurring or subscription basis.

The Customer may discontinue use of the Bounceler Hosted Service at any time by ceasing to purchase additional credits. Because credits are manually purchased by the Customer in advance, all purchases are final, non-cancellable, and non-refundable, except as may be otherwise required by applicable law.

Should the Customer wish to close its account or request assistance in disabling access, it may do so by contacting Bounceler support at support@bounceler.com. Account closure will not entitle the Customer to any refund or credit for previously purchased or unused credits.

12. Termination

Either Party may terminate this Agreement at any time, with or without cause, by providing written notice to the other Party or, in the case of the Customer, by ceasing all use of the Bounceler Hosted Service.

Any failure by the Customer to fulfill its payment obligations, or any unauthorized, improper, or unlawful use of the Bounceler Hosted Service, shall constitute a material breach of this Agreement. In such event, the Provider may, at its sole discretion and without prior notice, suspend or terminate the Customer’s account and/or access to the Bounceler Hosted Service.

Upon termination of this Agreement for any reason:
 (a) all rights granted to the Customer hereunder shall immediately cease;
 (b) any remaining or unused credits shall be automatically forfeited; and
 (c) the Customer shall not be entitled to any refund or compensation for any prepaid or unused credits, except where otherwise required by applicable law.

Termination of this Agreement shall be without prejudice to any rights or remedies that either Party may have accrued prior to such termination.

13. Representations and Warranties

Each Party represents and warrants that it has the full legal right, power, and authority to enter into and perform its obligations under this Agreement.

a. Customer Representations and Warranties.
 The Customer represents and warrants that:
 (i) it has the full right, authority, and lawful basis to use, process, and submit the Customer Validation Data through the Bounceler Hosted Service; and
 (ii) it shall at all times comply with all applicable laws, regulations, and international treaties in connection with its use of the Bounceler Hosted Service.

b. Provider Representations and Warranties.
 The Provider represents and warrants that:
 (i) it has the right and authority to provide access to the Bounceler Hosted Service and Provider Technology as expressly set forth in this Agreement;
 (ii) it shall provide the Bounceler Hosted Service in a manner consistent with generally accepted industry standards for similar SaaS offerings;
 (iii) it shall use commercially reasonable efforts to detect and mitigate software viruses, malware, and other harmful components, and will take all reasonable steps to remove or neutralize any such components upon discovery; and
 (iv) it shall employ leading commercial encryption technologies designed to protect Customer Validation Data while in its possession.

14. Customer Indemnification.
The Customer shall indemnify, defend, and hold harmless the Provider and its Affiliates, as well as their respective officers, directors, employees, agents, and legal representatives (collectively, the “Provider Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim, demand, action, or proceeding by a third party alleging that:
 (i) the Provider’s use of the Customer Validation Data in connection with the Bounceler Hosted Service, in accordance with the Customer’s instructions, violates any applicable law, regulation, or third-party right; or
 (ii) such use was unauthorized or exceeded the scope of the individual’s consent or authorization.

This indemnification obligation shall apply only if:
 (1) the Provider promptly provides written notice of the claim to the Customer;
 (2) the Customer is granted sole control over the defense and settlement of such claim; and
 (3) the Provider provides all reasonably available information and cooperation to assist in the defense.

b. Provider Indemnification.
 The Provider shall indemnify, defend, and hold harmless the Customer and its Affiliates, together with their respective officers, directors, employees, agents, and legal representatives (collectively, the “Customer Indemnified Parties”) from and against any and all losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to any claim, demand, action, or proceeding by a third party alleging that the Bounceler Hosted Service, when used by the Customer in accordance with this Agreement, directly infringes or misappropriates any third party’s intellectual property right.

This indemnification obligation shall apply only if:
 (1) the Customer promptly provides written notice of the claim to the Provider;
 (2) the Provider is granted sole control over the defense and settlement of such claim; and
 (3) the Customer provides all reasonably available information and cooperation to assist in the defense.

15. Disclaimer. 

PROVIDER DOES NOT MAKE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION: (A) REGARDING THE EFFECTIVENESS, USEFULNESS, RELIABILITY, TIMELINESS, COMPLETENESS, OR QUALITY OF PROVIDER MATERIALS; (B) THAT CUSTOMER'S USE OF PROVIDER MATERIALS WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE; (C) REGARDING THE OPERATION OF ANY CELLULAR NETWORKS, THE PASSING OR TRANSMISSION OF DATA VIA ANY NETWORKS OR THE CLOUD, OR ANY OTHER CELLULAR OR DATA CONNECTIVITY PROBLEMS; OR (D) REGARDING THE SATISFACTION OF, OR COMPLIANCE WITH, ANY LAWS, REGULATIONS, OR OTHER GOVERNMENT OR INDUSTRY RULES OR STANDARDS. PROVIDER WILL NOT BE LIABLE OR OBLIGATED IN RESPECT OF DELAYS, INTERRUPTIONS, SERVICE FAILURES OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR FOR ISSUES RELATED TO HOSTING PROVIDERS OR PUBLIC NETWORKS.

16. Limitation of Liability. 

EXCEPT FOR CLAIMS ARISING FROM EITHER PARTY’S OBLIGATIONS OF CONFIDENTIALITY OR INDEMNIFICATION UNDER THIS AGREEMENT, NEITHER PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO BOUNCELER FOR THE BOUNCELER HOSTED SERVICE DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM.

IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, BUSINESS, GOODWILL, OR ANTICIPATED SAVINGS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING THE FOREGOING, BOUNCELER’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL IN NO EVENT EXCEED THE TOTAL FEES PAID BY CUSTOMER FOR USE OF THE BOUNCELER HOSTED SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY.

17. OFAC and Compliance Representation. 

Customer represents and warrants that it:
 (i) is not located in, organized under the laws of, or ordinarily resident in any country or territory that is the subject of comprehensive sanctions administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”);
 (ii) is not listed on, and is not owned or controlled (directly or indirectly) by any person or entity listed on, the Specially Designated Nationals and Blocked Persons List, or any other similar list maintained by OFAC or any other applicable sanctions authority;
 (iii) is not a person or entity with whom U.S. persons are prohibited from engaging in transactions under any applicable trade embargo, economic sanction, or similar restriction under U.S. or other applicable law;
 (iv) is not engaged in, and will not engage in, any activity that would violate applicable anti-corruption, anti-bribery, or anti–money laundering laws, including the U.S. Foreign Corrupt Practices Act and the UK Bribery Act; and
 (v) is not currently the subject of any investigation, inquiry, or enforcement proceeding by any governmental authority in connection with any of the foregoing.

Customer agrees to promptly notify Bounceler in writing if it becomes aware that it is, or may be, in breach of any of the foregoing representations or warranties.

18. Notice and Modifications. 

(a) Notices.
 Any notice required or permitted under this Agreement shall be in writing and deemed duly given when sent by email to the recipient’s address on record with the other Party. Notices to the Customer may be sent to the email address associated with its Bounceler account. Notices to Provider shall be sent to support@bounceler.com, unless otherwise specified by Provider.

(b) Modifications.
 Except for updates to the Provider’s Privacy Policy or changes required by applicable law, Provider may modify this Agreement from time to time by providing Customer with at least thirty (30) days’ prior notice via email or through the Bounceler Hosted Service. Any such modifications shall take effect on the date specified in the notice.
Customer’s continued use of the Bounceler Hosted Service after the effective date of the modification shall constitute its acceptance of the revised terms. If the Customer does not agree to the updated terms, it must discontinue all access to and use of the Bounceler Hosted Service.

19. Relationship. 

The relationship of the Parties is solely that of independent contractors, neither Party nor its employees are the servants, agents, or employees of the other, and no exclusivities arise out of this Agreement. Nothing in this Agreement shall be construed to create a relationship of employer and employee, principal and agent, joint venture, franchise, fiduciary, partnership, association, or otherwise between the Parties. Except to the extent required by Provider in connection with the provision of the Service and/or the performance of the Provider's obligations hereunder, neither Party has any authority to enter into agreements of any kind on behalf of the other Party and neither Party will create or attempt to create any obligation, express or implied, on behalf of the other Party.

20. Force Majeure. 

Provider shall not be liable or be deemed in breach for any failure to perform due to circumstances or causes beyond its reasonable control including, but not limited to, strikes, shortages, riots, insurrection, fires, flood, storms, explosions, acts of God, war (declared or undeclared), government or quasi-governmental authorities actions, riot, terrorism, earthquakes, explosions, power outages, pandemic or epidemic (or similar regional health crisis), or any other cause that is beyond the reasonable control of Provider. For the avoidance of doubt, any problems relating to hosting of the Service by a third party is beyond the reasonable control of the Provider.

22. Assignment. 

This Agreement may not be assigned by Customer, in whole or in part, without Provider's prior express written consent. Provider may assign this Agreement, in whole or in part, without restriction or obligation. Furthermore, any Provider obligation hereunder may be performed (in whole or in part), and any Provider right (including invoice and payment rights) or remedy may be exercised (in whole or in part), by an Affiliate of Provider. Any prohibited assignment will be null and void. Subject to the provisions of this Section (Assignment), this Agreement will bind and inure to the benefit of each Party and its respective successors and assigns.

23. Governing Law. 

This Agreement shall be governed by and construed in accordance with the laws of the State of Israel, without regard to its conflict of laws principles.

24. Arbitration. Any dispute, controversy, or claim arising out of or relating to this Agreement, including its validity, interpretation, performance, or termination, shall be finally settled by binding arbitration in Tel Aviv, Israel, in accordance with the Israeli Arbitration Law, 1968. The arbitration shall be conducted before a single arbitrator mutually agreed upon by the parties, or, if the parties cannot agree, appointed by the Israeli Institute of Commercial Arbitration.

The decision of the arbitrator shall be final and binding on both parties and may be enforced by any competent court in Israel. Except as otherwise provided herein, and irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees.

Judgment upon the arbitration award may be entered and enforced by any court of competent jurisdiction in Israel. You agree and submit to the personal jurisdiction and venue of such courts.

In the event that this arbitration clause is deemed invalid, unenforceable, or illegal, the remaining terms of this Agreement shall remain in full force and effect.

You shall have thirty (30) days to opt out of this arbitration section by providing written notice to us. After thirty (30) days, the terms of this section shall become final and binding.

25. E-Sign Consent. 

By entering the information requested on the Site to create your account and clicking the “Sign Up” (or similarly labeled) button, you acknowledge and agree that you are executing this Agreement electronically, that your electronic action constitutes your signature, and that you consent to the use of electronic records and signatures in connection with your relationship with the Provider.

You consent and agree that the Provider may deliver all communications, disclosures, agreements, notices, and other documents (collectively, “Communications”) electronically, including by email to the address you provided during registration. Your electronic signature shall have the same legal effect as a handwritten signature on a physical document.

You may withdraw your consent to receive electronic Communications at any time and at no charge by sending a written request to support@bounceler.com. Withdrawal of consent may result in termination of your access to the Site or Services. Any withdrawal will take effect only after we have had a reasonable opportunity to process your request.

You are responsible for providing accurate and current contact information and may update your details by contacting us at support@bounceler.com.

To access and retain electronic Communications, you must have:
 (a) a computer or mobile device with internet access or mobile connectivity;
 (b) an operating system and web browser capable of receiving, displaying, and storing Communications;
 (c) sufficient electronic storage capacity or a printer; and
 (d) a valid email account and related software to access email.

You are entitled to request, at no additional cost, a paper copy of any Communication by emailing support@bounceler.com. Such a request will not, by itself, be deemed a withdrawal of your consent to receive electronic Communications.

26. Severability. 

If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable, then: (a) the remaining provisions of this Agreement shall remain in full force and effect; and (b) the Parties agree that the court making such determination shall have the power to limit the provision, to delete specific words or phrases, or to replace the provision with a provision that is legal, valid and enforceable and that most closely approximates the original legal intent and economic impact of such provision, and this Agreement shall be enforceable as so modified in respect of such jurisdiction. In the event such court does not exercise the power granted to it as aforesaid, then such provision will be ineffective solely as to such jurisdiction, and will be substituted (in respect of such jurisdiction) with a valid, legal and enforceable provision that most closely approximates the original legal intent and economic impact of such provision.

27. Waiver and Remedies. 

No delay or failure by either Party to exercise any right or remedy under this Agreement will operate as a waiver of that right or remedy. No waiver will be effective unless made in writing and signed by the waiving Party, and any waiver will apply only to the specific instance in which it is given. Except as expressly stated in this Agreement, all rights and remedies are cumulative and may be exercised separately or together.

28. Amendments. 

Any amendment or modification to this Agreement must be in writing and signed by both Parties to be effective.

29. Entire Agreement. 

This Agreement constitutes the entire understanding between the Parties regarding its subject matter and supersedes all prior or contemporaneous communications, proposals, or agreements, whether written or oral.

Last Revised: October 1, 2025