Last Updated: November, 2025

Welcome to Bond Ring™ by Wilder Tech, Inc., a Wyoming corporation (collectively referred to as “Company,” “we,” “us” or “our”). These Terms of Use (“Terms” or this “Agreement”) govern your access to and use of:

• our website (the “Site”);

• our smart ring known as the Bond Ring™ and its accessories (collectively, the “Product”);

• the associated mobile or desktop applications (the “App”); and

• any related services (collectively, the “Services”).

By accessing the Site or clicking “I Agree,” signing electronically, or otherwise indicating your acceptance of this Agreement, you (“Customer”, “you” or “your”) acknowledge that you have read, understood and agree to be bound by all of its terms. If you do not agree with any provision of this Agreement, you must not use the Site or purchase, download, install, activate or use the Product.

We reserve the right to update or modify these Terms at any time, without prior notice, and it is your responsibility to review them periodically. Your continued use of the Services constitutes acceptance of any changes.

1. DEFINITIONS

“Affiliate” means any entity that directly or indirectly controls, is controlled by or is under common control with a party.

“Applicable Law” means all statutes, regulations, ordinances, rules and case law of any jurisdiction having authority over the parties, including but not limited to consumer-protection, product-safety, intellectual-property, data-privacy, export-control, and health-care laws.

“Documentation” means any websites, manuals, videos, documentation, emails and other supporting materials related to the Site and/or Product that we provide to you or that you can access under this Agreement. Documentation is considered part of the Site.

“Effective Date” means the date on which you first indicate acceptance of this Agreement (or the date expressly stated above).

“Force Majeure Event” means an event beyond a party’s reasonable control, including acts of God, war, terrorism, civil unrest, labor disputes, governmental actions, pandemics, or any other cause that makes performance commercially impracticable.

“Press Mention” means any public reference to the Product on third-party news, blog, or media sites, whether published, withdrawn, or never actually posted.

“Product Modification” means any change, improvement, addition, deletion, redesign, enhancement, or removal of any component of the Product including hardware, firmware, software, features, specifications, packaging, marketing material, documentation or related services.

“Software” means all computer programs, source code, object code, scripts, APIs, firmware and related documentation that operate on or with the Product.

“User Content” means any data, text, graphics, images, video, audio or other materials submitted, uploaded, posted or otherwise transmitted by you through any of the Products or Services.

2.ACCEPTANCE OF TERMS

2.1 Eligibility

You represent and warrant that you are at least 18 years of age (or the age of majority in your jurisdiction) and have the legal authority to enter into these Terms.

2.2 Account Registration

Certain Services may require account registration. You are solely responsible for the accuracy, completeness and timeliness of any information you provide in connection with the Product or Services, including account details, settings, preferences, contacts, and any other submitted data. We will have no liability for any errors, failures, delays or losses arising from inaccurate, incomplete or outdated information provided by you.

2.3 Consent and Privacy

By accessing the Site, you acknowledge that you have read and understood these Terms and our Privacy Policy.

3.SAFETY WARNING – CHOKING HAZARD

3.1 WARNING – CHOKING HAZARD 

The Bond Ring is a small, removable wearable with small components that may present a choking hazard to children and pets. 

The Product complies with the Consumer Product Safety Commission Regulation 16 CFR 1500 requiring a warning label on all small parts intended for children under three (3) years of age.

3.2 Customer Responsibility

You are solely responsible for ensuring that the Product is stored securely when removed and that it is kept away from individuals who could inadvertently ingest it. The Company shall not be liable for injuries, suffocation, or death resulting from failure to follow this warning.

Our Product should not be placed in the mouth at any time. The Product is not a toy and is not intended for use by children. Children must not be left unattended with this Product, as it may pose a choking hazard.

Keep the Product out of reach of children and pets at all times when not being worn. If a child or pet swallows all or any part of the Product, seek immediate medical attention.

4.ACCESS TO AND USE OF THE SERVICES

4.1 License Grant

We grant you a limited, non-exclusive, non-transferable, personal, and non-commercial license to access and use the Site, App and, subject to purchase of the Product and subscription,  our Services. All other rights remain expressly reserved to us.

4.2 Service Modifications

We reserve the right to modify, update or discontinue any aspect of the Services at any time, with or without notice, including restricting access for maintenance or security reasons. We will not be liable if all or any part of the Services is unavailable at any time.

4.3 Service Availability

You acknowledge and agree that the Services may occasionally be inaccessible or inoperable for reasons beyond our control (e.g., equipment malfunctions, natural disasters, routine maintenance). We may also suspend access to the Services for security or legal compliance reasons.

5.APPLICATIONS, SUBSCRIPTION SERVICES & FUTURE ADD-ONS

5.1 Product Descriptions and Variations

We strive to provide accurate descriptions, images and colors of our Products. However, due to variations in devices, screens, or minor product changes, complete accuracy cannot be guaranteed. Company assumes no liability for any discrepancies or misunderstandings resulting from such variations.

5.2 Lifetime Free Access – Base Application

For each pre-order of the Bond Ring, the Company provides the Customer with a lifetime, non-renewable, free subscription (“Free Subscription”) to the current version of the Bond Ring Pro mobile application (the “Base App”) with some customer also receiving lifetime access to Genome PRO. The Free Subscription grants you access to the Base App’s core functionality as it exists at the time of delivery and any updates or bug fixes that the Company releases for the Base App without additional charge.

5.3 No Guarantee of Perpetual Free Enhancements

The Free Subscription does not constitute a guarantee that every future feature, module or service that the Company may develop will be provided free of charge. The Company expressly reserves the right to introduce new functionality, premium modules, or ancillary services (collectively, “Future Add-Ons”) that may be offered on a paid basis, either as one-time purchases, subscription fees, or in-app purchases, even if such Future Add-Ons are delivered within the same application package.

5.4 Paid Add-Ons and In-App Purchases

If, at any time after the Effective Date, the Company makes available any Future Add-On that is not part of the Base App’s core functionality, you may be required to pay a fee (the “Add-On Fee”) in order to access or use such feature. The Add-On Fee will be disclosed prior to purchase and will be subject to the terms of the applicable payment processor and any additional terms presented at the point of sale.

5.5 Third-Party Applications Within the Bond Ring Ecosystem

The Company may, from time to time, integrate third-party applications, services, or content (“Third-Party Apps”) into the Bond Ring ecosystem. Access to Third-Party Apps is governed by the separate terms and privacy policies of the respective third parties. The Company does not control, endorse, nor assume liability for any Third-Party App’s functionality, pricing, data practices, or legal compliance. By using the Bond Ring ecosystem you agree to comply with all such third-party agreements.

5.6 Future Versions 

The Company intends to release additional versions of the product and the mobile application (for example: Bond Ring Evo) that may be required for use with future hardware variants or upgraded services. The Free Subscription granted herein applies only to the Base App released at the time of your pre-order. Access to any subsequent major version (e.g., Bond Ring EVO) may be subject to separate licensing terms and, where applicable, additional fees.

5.7 Modification of Subscription Terms

The Company reserves the right, at its sole discretion and without prior notice, to modify the scope of the Free Subscription, the pricing of Future Add-Ons, or any related subscription terms. Any such modification shall become effective upon posting on the Company’s website or within the application, provided that you have been given reasonable notice (at least thirty (30) days) before a change that would affect fees payable for Future Add-Ons.

5.8 No Implied Right to Free Access of All Future Content

You acknowledge and agree that the Free Subscription does not create an implied right to free access of any content, feature, or service that the Company may develop, license, or acquire after the Effective Date, unless expressly stated in a subsequent written amendment signed by an authorized officer of the Company.

5.9 Refund Policy for Paid Add-Ons

All purchases of Future Add-Ons are final and non-refundable except as required by applicable consumer-protection law. The Company may, at its discretion, offer credits or refunds on a case-by-case basis, but such decisions shall be solely at the Company’s absolute discretion.

5.10 Termination of Access

The Company may suspend or terminate your access to any Paid Add-On, Third-Party App, or future version of the application for cause, including (i) breach of this Agreement, (ii) non-payment of applicable fees, or (iii) violation of the terms of a third-party provider. Upon termination, you must cease all use of the affected feature and delete any related data in your possession.

6.INTELLECTUAL PROPERTY RIGHTS

6.1 Ownership

All right, title, and interest in and to the Site, App, Product and Documentation, including patents, copyrights, trademarks, trade secrets, know-how, designs, software code, firmware, documentation and any improvements thereto (collectively, “Company Intellectual Property”) are owned exclusively by the Company or its licensors.

Without limiting the foregoing, Wilder, Wilder Tech, Bond Ring, TrueTemp, LifeDrive, Bionic Feedback, Ballistic Sampling, Future on Your Finger and Pinnacle of Wearable Advancement and more are trademarks owned or licensed by us.

6.2 License

Neither the right to access the Site nor purchase of the Product or subscription to the Services constitutes a license to use any of the Company Intellectual Property for other than personal, non-commercial purposes. No other rights are granted.

You agree to not copy, reproduce, modify, create derivative works from, distribute or publicly display any Company Intellectual Property without our prior written permission.

6.3 Feedback

If you provide us with suggestions, ideas or other feedback related to the Site, App, Product, Services and/or Documentation (“Feedback”), we are free to use such Feedback for any purpose whatsoever, including but not limited to developing new features or functionality without any attribution or compensation to you.

7.PERMITTED ACTS

When you use our Site, App, Product and/or Services, you agree to:

(a) with all applicable laws and regulations (local, state, national, and international);

(b) provide truthful and accurate information when creating an account or making a purchase;

(c) maintain the security of your username, password and other credentials; and

(d) use the Services in a respectful, non-harassing manner towards other users and our personnel.

8. PROHIBITED ACTS

When you use our Site, App, Product and/or Services, you agree to NOT:

(a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters or pyramid schemes; 

(b) use Products purchased from us for commercial or business or resale purposes without explicit authorization;

(c) export, re-export or transfer Products to countries or entities in violation of applicable export laws and regulations;

(d) modify, copy, sell, lease or distribute any portion of the Services or Documentation without our prior explicit written authorization;

(e) conduct web scraping, data mining, bots or automated data collection without our express written consent;

(f) file or register as your own or otherwise assert rights in or to, or attempt any of the foregoing or assist any other person to do the foregoing, with respect to any copyright, trademark, patent or trade secret of ours and/or as to any goods or services which are substantially similar to ours or that would be an infringement on the Company Intellectual Property;

(g) attempt to hack, gain unauthorized access, introduce viruses or malicious code or otherwise interfere with normal operations;

(h) remove, obscure, alter or otherwise tamper with any proprietary notices, trademarks, copyright statements or other markings affixed to the Product, Site, App and/or Documentation; 

(i) disassemble, dismantle, de-form, or otherwise physically alter the Product and/or any component of the Product;

(j) reverse engineer, decompile, disassemble or derive the source code from our App or Services or attempt or assist anyone to do any of the foregoing;

(k) decompile, reverse engineer, disassemble, decode, adapt, translate, or otherwise attempt to derive source code, underlying algorithms, designs, schematics, or trade secrets of any software, firmware, or hardware associated with the Product;

(l) create, copy, reproduce, distribute, sell, lease, rent, lend, sublicense or otherwise exploit any portion of the Product or Documentation for any purpose not expressly permitted herein; and/or

(m) use automated tools (including bots, scrapers, crawlers, or similar software) to inspect, duplicate or extract the design or functionality of the Site, App, Product or Documentation.

A breach of any of these prohibitions may result in termination of your access to the Services, legal action, or both, at our sole discretion.

9. PRODUCT DEVELOPMENT & CHANGE WAIVER

9.1 Scope of Modifications

The Company expressly reserves the right to make any Product Modification at its sole discretion, whether such modification occurs (i) before a Customer places any pre-order for the Product; (ii) after a Customer has placed a pre-order but prior to delivery; or (iii) at any time thereafter, including during the period between the Effective Date and final commercial shipment.

Such modifications may affect hardware specifications, firmware versions, software functionality, user-interface design, feature set, packaging, documentation, marketing representations, and the availability of certain services (including removal of features deemed non-viable for mass production). The Company shall not be liable to you for any loss, inconvenience, or expense arising solely from such Product Modifications.

9.2 Waiver of Claims Relating to All Modifications

Without limiting Section 13 (Limitation of Liability), you acknowledge and agree that Product Modifications may be in a beta or testing version and that such Product Modifications may be terminated at any time without notice.  To the fullest extent permitted by Applicable Law, you forever waive, release and relinquish any right to: 

(a) initiate any action or claim regarding the functionality, modifications to and/or termination of any Product Modification;

(b) assert breach of any express or implied warranty, including the implied warranties of merchantability or fitness for a particular purpose, insofar as those claims relate solely to changes made to the Product.

9.3 Press Mentions

The Product may have been listed or referenced on third-party press platforms that subsequently did not result in published coverage (the “Press Mention”). Such references shall not be construed as representations, warranties or commitments regarding the Product’s features, performance, availability or release schedule.

10. PRODUCT WARRANTY

10.1 Limited Warranty

We warrant to the original end-user that the Product is free from defects in material and workmanship, such warranty to be effective for one (1) year from the date of purchase. If local law requires a longer warranty period, we extend it accordingly. During the warranty period, we will repair or replace, in our sole discretion, defective or damaged Products or components at no charge, while you are responsible for shipping costs. Replacement Products may be new or refurbished, in our discretion.

This limited warranty does not cover normal wear and tear (e.g., scratches, dents), damage from misuse or accidents, unauthorized alterations or use with non-approved applications or software.

10.2 Disclaimer 

(a) THE PRODUCT AND ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• implied warranties of merchantability, fitness for a particular purpose, non-infringement, and quiet enjoyment;

• any warranty that the Site, App, Product and/or Services will meet your requirements, be error-free or operate without interruption; and

• any warranty regarding the accuracy, reliability or completeness of health-related data generated by the Product and Services.

(b) The Product and Services may be subject to delays, interruptions, outages, data loss, failures or inaccuracies for any reason, including network congestion, wireless interference, device limitations, third-party service provider issues, maintenance, updates, or circumstances beyond the Company’s control. We do not guarantee continuous, uninterrupted or error-free operation of the Product or Services and will not be liable for any such interruptions or their consequences.

(c) Some jurisdictions do not allow the exclusion or limitation of certain warranties; accordingly, the above exclusions may not apply to you.

(d) No oral or written information or advice provided by the Company or its representatives shall create any warranty or modify this Agreement unless expressly stated in a written amendment signed by an authorized officer of the Company.

11. NON-MEDICAL-DEVICE DISCLAIMER & PROHIBITION ON MEDICAL EXPERIMENTATION

11.1 No Medical Purpose

The Product is a consumer electronic wearable device only. It has not been designed, tested, certified or marketed as a medical device for use in life-safety, emergency, mission-critical, medical or time-sensitive situations, nor does it have any regulatory clearance (e.g., FDA 510(k), CE Mark for medical devices). The Company makes no representations, warranties or claims that the Product can diagnose, treat, mitigate, prevent or cure disease or any medical condition.

YOU MUST NOT RELY ON THE PRODUCT OR SERVICES FOR ANY PURPOSE IN WHICH FAILURE TO OPERATE CORRECTLY, PROMPTLY, OR CONTINUOUSLY COULD RESULT IN INJURY, DEATH, OR SEVERE PROPERTY DAMAGE. YOU ASSUME ALL RISKS ASSOCIATED WITH ANY PROHIBITED OR UNINTENDED USE.

11.2 Waiver of Liability for Health-Related Use

You may elect to use the Product for lifestyle tracking (e.g., activity monitoring, sleep analysis) at your own discretion and risk. To the maximum extent permitted by Applicable Law, you waive, release and discharge the Company, its Affiliates and their respective owners, officers, directors, employees, agents, contractors and licensors (each, a “Company Party”) from any and all liability arising out of:

(a) personal injury, death or property damage resulting from reliance on health-related data generated by the Product;
(b) inaccurate, incomplete or erroneous readings or measurements; and

(c) any adverse outcome associated with using the Product for any health-related purpose.

11.3 Prohibited Medical Experimentation

You shall not use the Product in any clinical trial, research study, medical experiment or other regulated activity that involves risk to human health or life, including but not limited to:

(a) integration of the Product into a device or system intended for therapeutic intervention;

(b) use as a diagnostic instrument in a healthcare setting; and/or

(c) submission of data derived from the Product to any regulatory body as evidence of medical efficacy.

11.4 Indemnification (Medical-Related Claims)

You agree to indemnify, defend and hold harmless the Company Parties from any claim, demand, suit, loss, liability, or expense (including reasonable attorneys’ fees) arising out of your unauthorized medical use of the Product.

12. VIRTUAL CHATBOT DISCLAIMER

We may provide an interactive virtual chatbot named “Genome AI” or such other name as we, in our sole discretion, may choose (“Chatbot”) as part of our Services. You acknowledge and agree that responses provided by the Chatbot are automated, generated by artificial intelligence algorithms, and are not controlled or supervised by us on a real-time basis.  We expressly disclaim any liability for any inaccuracies, omissions or unintended interpretations arising from the Chatbot’s responses.

The information provided by the Chatbot is for general informational purposes only and does not constitute professional, medical, legal or financial advice. Responses from the Chatbot should not be relied upon for making decisions, and you should independently verify any information provided.

No response provided by the Chatbot may be used against us in any legal or regulatory proceeding.

13. PRODUCT CANCELLATIONS & RETURNS

13.1 Cancellations 

Reservations and pre-orders for Products may be cancelled for a full refund until October 30, 2025. Orders for Products may be cancelled prior to shipment by us of the sizing kit for a full refund.  

If an order is cancelled after shipment of the sizing kit, you may return the sizing kit within fourteen (14) days of receipt, in which case a restocking charge will be applied, as provided below.

13.2 Returns

Defective Products may be returned and will be handled in accordance with Section 10.01(Limited Warranty).

Other than as provided in Section 10.01, Products may be returned within fourteen (14) days after delivery.  The amount of a refund will be determined by us, in our sole discretion, based on the condition of the Product and subject to Section 13.03.  Except as provided under Section 10.01, we will not accept return of a Product more than fourteen (14) days after the date of delivery, as specified by the carrier.

In any case of a return, you must obtain a return authorization prior to returning your Product by contacting customer service and you are responsible for all return shipping costs.  All returns must be made using the prepaid shipping label provided by us, which ensures tracking and delivery confirmation.

13.3 Undeliverable or Refused Packages

Orders returned to us due to being undeliverable or refused, for any reason, will be eligible for a refund only after the package has been received by us and confirmed to be unopened and in resellable condition. A restocking fee, as well as applicable shipping and transaction fees, will be deducted from the refund amount.

13.4 Restocking Charge

A RESTOCKING CHARGE TO BE DETERMINED BY US, IN OUR SOLE DISCRETION, SHALL BE APPLIED TO (A) CANCELLATIONS AFTER SHIPMENT OF THE SIZING KITOR (B) AFTER A RETURN NOT COVERED UNDER SECTION 10.01.  THE AMOUNT OF THE RESTOCKING CHARGE MAY TAKE INTO ACCOUNT, AMONG OTHER THINGS,THE CONDITION OF THE PRODUCT, THE COST OF ANY REPAIRS AND REPACKAGING WE, IN OUR SOLE DISCRETION, DEEM APPROPRIATE.  THE RESTOCKING CHARGE WILL BE APPLIED TO THE AMOUNT PAID FOR THE PRODUCT.  IF THE AMOUNT PAID FOR THE PRODUCT WAS MORE THAN THE RESTOCKING CHARGE, THE DIFFERENCE WILL BE REFUNDED TO YOU.  IF WE, IN OUR SOLE DISCRETION, DEEM THE PRODUCT TO NOT BE RESELLABLE, THE RESTOCKING CHARGE WILL BE THE FULL AMOUNT PAID FOR THE PRODUCT.  


14. LIMITATION OF LIABILITY

To the maximum extent permitted by Applicable Law, in no event shall the Company be liable for:

(a) direct, indirect, incidental, special, consequential, punitive, or exemplary damages (including but not limited to loss of profits, goodwill, loss of data, use, or other economic advantage) even if we were advised of the possibility of such loss;

(b) personal injury, death, or property damage arising from any defect in the Product, except where such liability cannot be excluded by law; and

(c) any claim arising out of a breach of Section 8 (Prohibited Acts) for which Liquidated
Damages are owed by you.

WHERE LIABILITY CANNOT BE EXCLUDED, ANY CLAIM SHALL BE LIMITED TO USD $100 OR THE TOTAL AMOUNT YOU PAID COMPANY FOR THE APPLICABLE PRODUCT OR SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, WHICHEVER IS GREATER.

If any portion of this limitation is held unenforceable, the remainder shall remain in full force.

15. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company Parties from any third-party claim, suit, action, demand, loss, liability, cost, or expense (including reasonable attorneys’ fees) arising out of:

(a) any personal injury resulting from your any other person’s use of your Product in a manner inconsistent with these Terms, including Section 3 (Warning – Choking Hazard);

(b) your breach of any provision of this Agreement;

(c) any unauthorized modification, reverse engineering or disassembly of the Product;

(d) use of the Product in a manner inconsistent with the non-medical disclaimer;

(e) your violation of Applicable Law, regulations or third-party rights;

(f) your use or misuse of the Services;

(g) any breach of a third party’s rights (including intellectual property, privacy or publicity); and/or

(h) anyone else’s use of your account or credentials.

16. GOVERNING LAW

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

17. DISPUTE RESOLUTION

17.1 Arbitration

In the event of a dispute between the Parties hereunder (each, a “Dispute”) that cannot be settled amicably within 30 days, such Dispute shall be resolved by arbitration, as provided herein below. Notwithstanding the foregoing, nothing in this section shall prevent a Party from seeking interim injunctive or other equitable relief in any court of competent jurisdiction to preserve the status quo or to prevent irreparable harm pending resolution of any Dispute.

(a) Procedure 

Any claim, dispute or controversy arising out of or relating to this Agreement and not resolved amicably shall be submitted by the Parties to binding arbitration in the State of Delaware by a single (1) arbitrator in accordance with the rules of the American Arbitration Association (“AAA”), governed by the laws of the State of Delaware. Each Party shall have full rights of discovery in any such proceeding.

(b) Decision Final

The Parties agree to exercise their respective rights under AAA Rules to cause any arbitration proceeding under this section to be finalized and a decision rendered by the arbitrator as soon as reasonably practicable, but in no event more than six (6) months after commencement of such arbitration proceeding.

(c) Confidentiality 

Except as otherwise required by law, the Parties and arbitrator shall maintain as confidential all information and documents obtained during the arbitration process, including the resolution of the dispute.

(d) Jurisdiction

Each Party irrevocably and unconditionally (i) consents to the jurisdiction of any such proceeding and waives any objection that it may have to personal jurisdiction or the laying of venue of any such proceeding; and (ii) knowingly and voluntarily waives its rights to have disputes tried and adjudicated by a judge and jury except as otherwise expressly provided herein.

(e) Final Judgment

Any award rendered by the arbitrator(s) shall be final and binding upon the Parties. Judgment upon the award may be entered in any court of competent jurisdiction.

17.2 Equitable Relief

(a) Availability

Notwithstanding anything to the contrary in this Agreement, a breach of this Agreement may cause irreparable harm to the affected Party for which monetary damages are not a sufficient remedy. In such event, the affected Party may, without waiving any other rights or remedies and without posting a bond or other security, seek an injunction, specific performance or other equitable remedy.

(b) Jury Trial Waived

In the event of a request to a court of competent jurisdiction for equitable relief, THE PARTIES HERETO HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT THAT THEY MAY HAVE TO TRIAL BY JURY OF ANY CLAIM OR CAUSE OF ACTION, OR IN ANY LEGAL PROCEEDING, DIRECTLY OR INDIRECTLY BASED UPON OR ARISING OUT OF THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY (A) CERTIFIES THAT NO REPRESENTATIVE, AGENT OR ATTORNEY OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH OTHER PARTY WOULD NOT, IN THE EVENT OF LITIGATION, SEEK TO ENFORCE THE FOREGOING WAIVER AND (B) ACKNOWLEDGES THAT IT AND THE OTHER PARTY HAVE BEEN INDUCED TO ENTER INTO THIS AGREEMENT BY, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION. EACH PARTY HERETO CONSENTS TO SERVICE OF PROCESS BY CERTIFIED MAIL AT ITS ADDRESS LISTED HEREIN.

17.3 Class Action Waiver

You waive any right to participate in a class action or class-wide arbitration.

17.4 Liquidated Damages

In the event you violate Section 8, directly or indirectly, we will suffer losses and damages the exact amount of which would be extremely difficult and impracticable to ascertain.  Consequently, without limiting and in addition to our other remedies and notwithstanding any provision for limitation of liabilities herein, you agree to and shall pay us Two Hundred Fifty Thousand Dollars ($250,000) per violation of Sections 8(a) through (f) and One Hundred Million United States Dollars (US $100,000,000) per violation of Sections 8(g) through (m) (collectively, “Liquidated Damages”).  In addition, you agree to and shall pay all of the costs, including reasonable attorneys’ fees which we may incur in enforcing this Section and collecting the liquidated damages provided herein. The parties acknowledge that:

(a) the amounts indicated above are bona fide pre-estimates of the damages the Company would incur from loss of intellectual property, brand value, market exclusivity and the cost of enforcement in the respective cases; and

(b) the amounts are not intended as a penalty but as liquidated damages under UCC §2-718 and the Restatement (Second) of Contracts §347, which permit enforceable pre-determined sums where actual damages are difficult to ascertain.

If any court finds Liquidated Damages to be an unenforceable penalty, the parties agree that the clause shall be interpreted as a reasonable estimate of damages, and the court may adjust the award accordingly while preserving the intent of this provision.

17.5 Additional Remedies

Liquidated Damages are without prejudice to any other right or remedy available to the Company, including but not limited to:

1. injunctive relief or specific performance;

2. recovery of actual damages exceeding the liquidated amount;

3. reimbursement of reasonable attorneys’ fees and costs incurred in enforcing this Agreement; and

4. termination of all licenses granted herein.

18. TERMINATION

You may terminate your account at any time by contacting us or following the instructions in your account settings. We may suspend or terminate your account or access to the Services at any time, for any reason, including but not limited to violation of these Terms. Upon termination, your license to use the Services ceases immediately. Provisions regarding intellectual property, disclaimers, safety warnings, limitation of liability, indemnification, dispute resolution and class action waivers shall survive termination of this Agreement as between us and you. 

19. SEVERABILITY

If any provision of this Agreement is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, such provision shall be deemed modified only to the extent necessary to make it enforceable, or, if no such modification is possible, it shall be severed. The remaining provisions shall continue in full force and effect.

20. ENTIRE AGREEMENT 

This Agreement (including any schedules, appendices, or referenced policies) constitutes the entire agreement between you and the Company concerning the Product and supersedes all prior or contemporaneous oral or written understandings. 

21. ASSIGNMENT

You may not assign, transfer, delegate, or otherwise dispose of any rights or obligations under this Agreement without the prior written consent of the Company. Any attempted assignment in violation of this Section shall be null and void. The Company may assign its rights and obligations to an affiliate or successor in interest without notice.

22. FORCE MAJEURE

The Company shall not be liable for any failure or delay in performance caused by a Force Majeure Event, provided that the Company gives prompt written notice of such event to you and uses commercially reasonable efforts to mitigate its effects.

23. NOTICES

All notices, requests, demands, or other communications required or permitted under this Agreement shall be in writing and delivered (i) by email to the address on file for each party addresses set forth below:

• To Company: Wilder Tech Inc., Legal@bondring.com

• To Customer: As provided in your account registration or order confirmation.

Notices are deemed effective upon receipt or attempted delivery (if by email).

24. ELECTRONIC SIGNATURE

By clicking “I Agree” or otherwise providing an electronic signature, you acknowledge that such electronic act constitutes a valid and enforceable signature under the U.S. Electronic Signatures in Global and National Commerce Act (“E-SIGN”) and the Delaware Uniform Electronic Transactions Act.

25. MISCELLANEOUS

25.1 Waiver

Our failure to exercise or enforce any right or provision does not constitute a waiver of that right or provision.

25.2 Language

If these Terms are available in multiple languages, the English version governs in the event of a conflict, except where prohibited by local law.

25.3 Interpretation

For purposes of this Agreement: (a) the words “include,” “includes” and “including” are deemed to be followed by the words “but not limited to” or “without limitation” which shall have the same meaning; (b) the word “or” is not exclusive; and (c) the words “herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this Agreement as a whole. References to “Section” mean the sections of these T&Cs.  This Agreement is intended to be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting an instrument or causing any instrument to be drafted.

26. Contact Information

If you have any questions regarding this Agreement, please contact us at Legal@bondring.com.