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Terms and Conditions

K&V KIELVES LEGACY VENTURES, SLU — operator of Bounceless (www.bounceless.io)

Version 1.4 — Effective date: 29 June 2026 (Last updated: 29 June 2026)

Registered office: Carrer de l'Aigüeta 19, 1-3, AD500 Andorra la Vella, Andorra. Company registration: L-720542-R. Legal contact: legal@bounceless.io.

Reseller / Merchant of Record notice. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders. When you purchase access to Bounceless, you buy the Product from Paddle as authorised reseller and Merchant of Record; K&V KIELVES LEGACY VENTURES, SLU makes the Product available to you under licence. Paddle handles payment, billing, invoicing, sales tax/VAT, refunds and chargebacks on our behalf. See Section 6 (Billing) and Section 7 (Cancellations and refunds).

Important — please read. Section 16 (United States customers — Binding Arbitration and Class Action Waiver) requires most disputes with customers whose Buyer Location (as defined in Section 0) is the United States to be resolved by individual binding arbitration under the Federal Arbitration Act and waives jury trials and class actions, subject to a 30-day opt-out and to the informal-resolution condition precedent in Section 17.1. Section 13 (Indemnification) requires you to indemnify us in certain circumstances. Section 15 (Governing law) sets out the law and forum that apply to you, and Section 0 defines how your location is determined.

These Terms and Conditions (the "Terms") form a binding agreement between you and K&V KIELVES LEGACY VENTURES, SLU regarding your access to and use of the Bounceless service. By creating an account, accessing, or using the Service, or by completing a purchase through Paddle, you agree to these Terms. If you do not agree, do not use the Service.

0. Definitions

Headings are for convenience only and do not affect interpretation.

1. The Service

1.1 Bounceless provides B2B email verification: verification jobs, exports, account management, credits/subscriptions, an API, and deliverability decision-support. Bounceless is not an email sender and not a prospect or contact database; it does not send messages on your behalf and does not supply you with contacts.

1.2 "Verification" refers to automated technical checks (such as syntax, domain/MX, and mailbox-acceptance signals) that produce probabilistic decision-support Results. It does not certify that an address is valid, active, deliverable, or safe to contact. Results are signals only, may change over time, and may differ from a mail server's actual behaviour.

1.3 Results are not a guarantee of delivery, inbox placement, validity, consent, or legal permission to contact any person. You are solely responsible for how you use Results.

2. Accounts

2.1 You must provide accurate, current account information and keep it up to date.

2.2 You are responsible for safeguarding your credentials and API keys and for all activity under your account, API keys, and users. Notify us promptly at legal@bounceless.io of any unauthorised access or suspected compromise.

2.3 Eligibility and authority. The Service is for business and professional use only and is not directed to consumers. By using the Service you represent that you are at least 18 years old, have legal capacity to contract, and, if you act on behalf of an organisation, that you are authorised to bind that organisation to these Terms. We acknowledge that, where a buyer nevertheless qualifies as a consumer under the Paddle Buyer Terms or mandatory law, that buyer may benefit from non-waivable consumer protections notwithstanding this business-use stance, as reflected in Sections 6, 7, 13 and 15.

3. Customer Data, lawful basis, and data-protection roles

3.1 As between you and us, you own your lists, inputs, and the Results derived from them. You represent and warrant that you have all rights, notices, permissions, and a valid lawful basis necessary to submit Customer Data to the Service and to have it processed as described here.

3.2 Bounceless processes Customer Data to provide the Service — including verification, exports, security, debugging, anti-abuse, deletion, and quality functions — as described in these Terms and our Privacy Policy.

3.3 Roles under data-protection law. To the extent you submit personal data relating to third parties (including email addresses and associated records), you act as controller (or as processor for a third-party controller) and Bounceless acts as processor, as defined in Regulation (EU) 2016/679 (EU GDPR), the UK GDPR and Data Protection Act 2018, and Andorran Qualified Law 29/2021 on the Protection of Personal Data. Bounceless processes such personal data only on your documented instructions (including the instruction to perform the verification, exports, and related functions described in these Terms), as set out in the DPA, which is incorporated into and forms part of these Terms. The DPA sets out the subject-matter, duration, nature and purpose of the processing, the types of personal data and categories of data subjects, and the parties' obligations under Article 28(3)(a)–(h) GDPR — including confidentiality of personnel, security measures, sub-processor flow-down and authorisation, assistance with data-subject rights, assistance with Articles 32–36, return or deletion of personal data on termination, and audit/inspection rights. Where the DPA and these Terms conflict in respect of personal-data processing, the DPA prevails.

3.4 U.S. service-provider commitment. To the extent Bounceless processes Personal Information (as defined under the CCPA/CPRA and other applicable U.S. state privacy laws) that you make available, Bounceless acts as your service provider and processes such Personal Information solely on your behalf for the limited and specified business purpose of providing the Service. Bounceless shall not: (a) sell or share such Personal Information; (b) retain, use, or disclose it for any purpose other than performing the Service, or outside the direct business relationship with you; or (c) combine it with personal information from other sources except as permitted by the CCPA/CPRA. Bounceless certifies that it understands and will comply with these restrictions. In addition, Bounceless: (d) will provide at least the same level of privacy protection as is required of businesses by the CCPA/CPRA; (e) acknowledges that you have the right to take reasonable and appropriate steps to help ensure that Bounceless uses the Personal Information in a manner consistent with your obligations under the CCPA/CPRA; (f) will notify you promptly if it determines that it can no longer meet its obligations under the CCPA/CPRA; and (g) grants you the right, upon reasonable notice, to take reasonable and appropriate steps to stop and remediate any unauthorised use of the Personal Information. The DPA governs in the event of conflict on data-processing matters.

3.5 EU/UK representatives. Because Bounceless is established in Andorra (outside the European Union, the EEA, and the United Kingdom) and processes the personal data of data subjects in the EEA and the United Kingdom on behalf of its customers, Bounceless will appoint and maintain a representative in the European Union under Article 27 EU GDPR and a representative in the United Kingdom under Article 27 UK GDPR to the extent required by those Articles, and will identify each appointed representative and its contact details in the Privacy Policy and/or DPA. Where such a representative has been appointed, its identity and contact details are stated in the Privacy Policy and/or DPA. The conditional phrasing "to the extent required" operates only as a residual fallback for processing that is genuinely exempt under Article 27(2); it does not displace Bounceless's commitment to appoint and name representatives for its bulk-verification processing where Article 27 applies.

4. International data transfers

4.1 Bounceless is established in the Principality of Andorra, which benefits from a European Commission adequacy decision and corresponding UK adequacy regulations.

4.2 Where Bounceless or its sub-processors transfer personal data to a country that does not benefit from an adequacy decision, such transfers are made under an appropriate safeguard — the European Commission Standard Contractual Clauses, the UK International Data Transfer Addendum, the EU–U.S. Data Privacy Framework where applicable, or another lawful mechanism — as set out in the DPA.

4.3 A current list of sub-processors that process Customer Data is available in or via our Privacy Policy. Bounceless will give prior notice of new or replacement sub-processors and an opportunity to object, as set out in the DPA.

5. Acceptable use

5.1 Verification results are not consent. A verification Result — including any status such as "valid", "deliverable", "accept-all/catch-all", "risky", or "unknown" — is a technical, probabilistic signal about the likelihood that a mail server would accept a message to an address at a point in time. It is not, and must never be treated as: (a) confirmation that the address belongs to a consenting recipient; (b) consent, opt-in, or any lawful basis to contact, market to, or process the personal data of that recipient; or (c) confirmation that contacting the address is lawful or permitted. You are solely responsible for obtaining and maintaining a valid lawful basis and any required consent or opt-in before sending, independently of any Result Bounceless returns.

5.2 Prohibited uses. You must not use the Service, its Results, or any exports to:

(a) send spam or unsolicited/bulk commercial messages, or conduct outbound telemarketing or mass-marketing, in violation of the CAN-SPAM Act, the TCPA, the EU GDPR, the ePrivacy Directive 2002/58/EC, the UK Privacy and Electronic Communications Regulations 2003 (PECR), or any applicable anti-spam, marketing, or electronic-communications law;

(b) build, enrich, append to, rent, or sell any prospect, contact, or marketing list or database derived from the Results;

(c) scrape, harvest, or obtain unauthorised access to any third-party system, mailbox, directory, or data source;

(d) process any personal data without a valid lawful basis, or in a manner that contravenes any consent or opt-in requirement applicable to you;

(e) engage in harassment, phishing, credential attacks, rate-limit bypass, or any deceptive, abusive, or unlawful activity;

(f) reverse engineer, decompile, overload, disrupt, or interfere with the Service or its infrastructure; or

(g) take any action that breaches Paddle's Acceptable Use Policy (https://www.paddle.com/legal/acceptable-use-policy).

These obligations apply regardless of any verification Result, and the stricter of these Terms or Paddle's Acceptable Use Policy controls.

5.3 Downstream messaging compliance. You are solely responsible for compliance with the CAN-SPAM Act (15 U.S.C. § 7701 et seq.), the TCPA, the EU GDPR, the ePrivacy Directive/PECR, and all other laws applicable to your messaging — including accurate header and "from" information, non-deceptive subject lines, a working opt-out mechanism, honouring opt-outs promptly, including a valid physical postal address, and maintaining suppression lists and sender reputation.

5.4 Suspension and termination. We may suspend or terminate access for non-payment, abuse, security risk, legal or payment risk, breach of these Terms, or to comply with law or Paddle policy.

6. Credits, subscriptions, and billing

6.1 Reseller / Merchant of Record. Our order process is conducted by our online reseller Paddle.com. Paddle.com is the Merchant of Record for all our orders and is an authorised reseller of the Product. Paddle, not Bounceless, sells the Product to you. Paddle handles all pricing display, payment processing, billing, invoicing, sales tax/VAT collection and remittance, refunds, chargebacks, and payment disputes.

6.2 No direct invoicing. Bounceless does not invoice you and will not issue any invoice or demand for payment directly to you. All invoicing, billing, and payment collection are performed by Paddle as Merchant of Record.

6.3 Paddle Buyer Terms. Your purchase from Paddle is also governed by Paddle's Buyer Terms (https://www.paddle.com/legal/checkout-buyer-terms), which form part of your order. Those terms set out your statutory and contractual rights as a buyer, including, where applicable: a 14-day right of withdrawal for consumers in the EU/EEA/UK (which does not apply once a verification job has been started, downloaded, or used, as you expressly request immediate performance — see Section 7); and, for buyers whose Buyer Location is the United States, application of the law of the State of New York and a waiver of jury trial and class actions (subject to Paddle's 30-day opt-out). Nothing in these Terms limits any non-waivable buyer right granted under Paddle's Buyer Terms or mandatory law.

6.4 Credit consumption. Credits are consumed when the verification work for an address is performed, regardless of the Result returned — including "unknown", "accept-all/catch-all", "risky", or any inconclusive Result. Because the Service performs and delivers the verification work in each case, a non-conclusive or unfavourable Result is not a failure of the Service and does not, by itself, entitle you to a refund or credit reversal. Nothing in this Section 6.4 excludes or limits any warranty, refund, or other right that cannot be excluded or limited under mandatory law applicable to a consumer; where you qualify as a consumer under the Paddle Buyer Terms or applicable mandatory law, your non-waivable statutory rights prevail over this Section to the extent of any conflict.

6.5 Subscription credits, expiry, and rollover. Subscription Credits are granted after activation of each billing period. Unless your plan states otherwise, subscription Credits are allocated for the billing period in which they are granted and do not roll over; any unused subscription Credits expire at the end of that billing period and are forfeited on cancellation, non-renewal, or downgrade. One-off/top-up Credits remain available until consumed or until twelve (12) months from purchase, after which they expire. Expired Credits are not refundable or reinstatable. This Section 6.5 is subject to any non-waivable consumer right preserved under Sections 6.3 and 15.2, which prevails over this Section to the extent of any conflict.

6.6 Automatic renewal (U.S. and other subscriptions). Subscription plans automatically renew for successive periods of the same length at the then-current price until cancelled, and you authorise recurring charges through Paddle accordingly. Before you subscribe, the renewal terms — including that the plan renews automatically, the recurring price, the length of each renewal period, and how to cancel — are disclosed clearly and conspicuously, and your express affirmative consent to those automatic-renewal terms is obtained, at the Paddle Checkout, which is operated by Paddle as Merchant of Record. You may cancel at any time before the next renewal through your account or through Paddle, by the same medium you used to subscribe and by an online click-to-cancel method, without obstruction, additional retention steps, or undue delay; cancellation takes effect at the end of the current billing period, and consumed Credits and completed jobs are non-refundable except as required by law.

The operative U.S. legal framework for online automatic-renewal subscriptions consists of the federal Restore Online Shoppers' Confidence Act (ROSCA, 15 U.S.C. § 8401 et seq.) and Section 5 of the FTC Act (15 U.S.C. § 45, prohibiting unfair or deceptive acts or practices), together with applicable state automatic-renewal laws — foremost the California Automatic Renewal Law as amended by Assembly Bill 2863 (in force for contracts made or amended on or after 1 July 2025), and including the New York General Obligations Law, the Massachusetts negative-option provisions, and other applicable state automatic-renewal statutes. To the extent any such law is in force and applicable to you, Bounceless and/or Paddle will, as applicable: (a) disclose the automatic-renewal terms, recurring price, renewal length, and cancellation rights clearly and conspicuously before the transaction; (b) obtain and retain a record of your express affirmative consent to the automatic-renewal terms — and, where the California Automatic Renewal Law (AB 2863) applies, keep that record of consent for at least three (3) years, or for one (1) year after termination of the subscription, whichever period is longer; (c) make available a cancellation method that uses the same medium in which you subscribed together with an online click-to-cancel method, without obstruction or undue delay; and (d) provide any pre-renewal, annual, or other reminder or acknowledgement notice that the applicable law requires. These commitments apply to free trials and introductory offers to the extent the applicable law (including AB 2863) so requires.

Bounceless remains responsible as seller for any automatic-renewal obligation that the law imposes on it and is not relieved of that obligation by Paddle's operation of the Checkout. Bounceless has confirmed, or will confirm before charging goes live, which disclosures, consent capture and recordkeeping, same-medium and online click-to-cancel methods, and reminder or pre-renewal notices Paddle's Checkout actually performs for each Buyer Location and renewal term; for any legally required disclosure, consent record, cancellation method, or reminder that the Checkout does not provide, Bounceless will provide it directly through an operational process maintained for that purpose, so that the required step is in fact performed and not left contingent.

References in this Section to any particular statute or rule apply only to the extent that statute or rule is in force and applicable to you. The prior FTC "Click-to-Cancel" / Negative Option Rule was vacated in full by the U.S. Court of Appeals for the Eighth Circuit on 8 July 2025 and never took effect; it is not relied on in these Terms as an operative requirement. Bounceless monitors federal developments — including the FTC's March 2026 Advance Notice of Proposed Rulemaking on negative-option practices — and will update its disclosures, consent capture, and cancellation processes if and when a future federal rule takes effect and applies.

6.7 Immediate performance / cooling-off. Where a withdrawal or cooling-off right applies to you under applicable consumer law, by starting a verification job, consuming Credits, or downloading any export, you expressly request immediate performance of the Service and acknowledge that you lose any such withdrawal right once the relevant work has been performed or the export delivered. The Paddle Buyer Terms and our Refund Policy govern the operation of any withdrawal or refund right.

6.8 Consumed Credits, completed jobs, and delivered exports are generally non-reversible, except where required by law or approved through Paddle/Bounceless support.

7. Cancellations and refunds

7.1 Cancellations and refunds are governed by our Refund Policy (available at www.bounceless.io) and Paddle's Buyer Terms and Merchant-of-Record process.

7.2 Refunds are processed by Paddle, not by Bounceless. Refund and cancellation requests are handled by Paddle under Paddle's Buyer Terms and our Refund Policy; where a refund is due, Bounceless instructs Paddle and Paddle issues it. Bounceless cannot and does not issue card refunds directly.

7.3 Statutory withdrawal (EU/EEA/UK consumers). Where mandatory law grants you a right of withdrawal (for EU/EEA/UK consumers, ordinarily 14 days), that right is administered by Paddle under the Paddle Buyer Terms. The Service supplies digital content/digital services that begin to be performed immediately on purchase; you acknowledge and, where required, request that performance begin immediately, and agree that once a verification job has started or its Results have been made available, the withdrawal right is lost to the extent permitted by law. Nothing in these Terms excludes any non-waivable statutory right of a consumer under the law of their country of residence.

7.4 A refund, chargeback, or payment reversal may claw back granted or consumed Credits and limit or suspend account access.

8. Data deletion and account closure

8.1 Deletion of Customer Data and account closure are handled in accordance with our Privacy Policy, the DPA, and applicable law. Deletion may be asynchronous.

8.2 On termination, Bounceless will delete or return personal data processed on your behalf in accordance with the DPA, except to the extent retention is required by applicable law or to preserve billing, tax, legal, security, fraud, dispute, or audit records — in which case the data is retained only for the period and purpose so required and remains protected under these Terms and the DPA.

9. Availability and changes

9.1 The Service is provided without any guaranteed uptime or availability.

9.2 We may change, add, or remove features, limits, providers, or infrastructure, and may change pricing or plans. Material changes are made in accordance with applicable law and these Terms. Changes to sub-processors are handled as set out in the DPA and Section 4.

10. Disclaimers

10.1 The Service and Results are provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty that the Service will be uninterrupted, error-free, secure, or that Results will be accurate, complete, or achieve any deliverability or inbox outcome. Nothing in this Section excludes or limits any warranty or right that cannot be excluded or limited under mandatory law applicable to a consumer.

10.2 You are solely responsible for your sending activity and for compliance, consent, suppression, opt-outs, and sender reputation. A Result is a deliverability signal only and is not consent, permission, or a legal basis to contact any person.

11. Limitation of liability

11.1 To the maximum extent permitted by law, neither party is liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service.

11.2 To the maximum extent permitted by law, each party's total aggregate liability arising out of or relating to these Terms or the Service is limited to the greater of (a) the amounts you paid for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) USD 100.

11.3 Non-limitable liability. Nothing in these Terms limits or excludes liability for: fraud or fraudulent misrepresentation; wilful misconduct; death or personal injury caused by negligence; a party's payment obligations; a Recipient's wilful, malicious, or intentional unauthorised use or disclosure of the other party's Confidential Information; your indemnification obligations under Section 13; your breach of Section 5 (Acceptable Use) or of Paddle's Acceptable Use Policy; or any liability that cannot be limited or excluded under applicable law, including non-excludable liability to data subjects under Article 82 GDPR. For the avoidance of doubt, the cap in Section 11.2 does apply to all other liability for breach of confidentiality under Section 12, including any security breach or data-processing incident that does not involve the wilful, malicious, or intentional unauthorised conduct described above; and any liability arising under the DPA (including for a personal-data incident) is allocated and capped as set out in the DPA. This Section 11.3 does not, by itself, uncap a party's liability for an ordinary security or data-processing incident.

12. Confidentiality

12.1 "Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other (the "Recipient"), whether orally, in writing, or by access to systems, that is marked or identified as confidential or that a reasonable person would understand to be confidential given its nature or the circumstances of disclosure. It includes the Discloser's business, technical, security, operational, pricing, and product information, and, as to you, Customer Data. Confidential Information does not include information that: (a) is or becomes public through no breach by the Recipient; (b) was lawfully known to the Recipient without confidentiality obligation before disclosure; (c) is independently developed by the Recipient without use of the Discloser's Confidential Information; or (d) is lawfully received from a third party without restriction.

12.2 The Recipient will: (a) use Confidential Information only as necessary to perform under, or exercise its rights under, these Terms; (b) protect it using at least reasonable care and no less than the care it uses for its own information of like importance; and (c) not disclose it except to its personnel, professional advisers, affiliates, and sub-processors who have a need to know and are bound by confidentiality obligations no less protective than these.

12.3 The Recipient may disclose Confidential Information to the extent required by law, regulation, or valid legal process, provided that, where lawfully permitted, it gives the Discloser reasonable prior notice and reasonable cooperation to seek protective treatment.

12.4 The obligations in this Section 12 apply during the term and for three (3) years after termination, except that Customer Data and any trade secret remain protected for as long as they retain their character as confidential or as a trade secret under applicable law. The processing of personal data is additionally and primarily governed by the DPA, which prevails on data-processing matters, including as to liability allocation for any personal-data incident.

13. Indemnification

13.1 Customer indemnity. To the maximum extent permitted by law, you will indemnify, defend (subject to the control provisions in Section 13.2), and hold harmless Bounceless, its affiliates, and, where applicable, Paddle, and their respective officers, directors, employees, and agents (the "Indemnified Parties"), from and against any third-party claim, demand, action, investigation, regulatory enforcement, or proceeding, and any resulting losses, damages, liabilities, fines, penalties, judgments, settlements, and reasonable legal and professional costs, arising out of or relating to: (a) Customer Data, including your right, permissions, notices, and lawful basis to submit it and to have it processed as described in these Terms; (b) your access to or use of the Service or Results, including any messaging, sending, marketing, or contact activity; (c) your violation of the CAN-SPAM Act, the TCPA, the EU GDPR, the UK GDPR, the ePrivacy Directive/PECR, or any other marketing, anti-spam, privacy, data-protection, or electronic-communications law; (d) your breach of Section 5 (Acceptable Use) or of Paddle's Acceptable Use Policy; or (e) your breach of these Terms or violation of applicable law or the rights of any third party.

13.2 Procedure. The Indemnified Party will give you prompt written notice of any claim for which it seeks indemnity (a delay in notice reduces your obligations only to the extent you are actually prejudiced by the delay). The Indemnified Party may, at its option, assume and control the defence, conduct, settlement, and resolution of the claim using counsel of its choice, in which case you will provide reasonable cooperation and will bear the Indemnified Party's reasonable and documented legal and professional costs of that defence, together with any resulting liability, as provided in Section 13.1, and you may, at your own cost, participate in the defence with your own counsel; the Indemnified Party will keep you reasonably informed, will consult with you where practicable, and will not settle a claim for which it seeks indemnity without your prior written consent (not to be unreasonably withheld, conditioned, or delayed). Alternatively, the Indemnified Party may, in its sole discretion and by written notice, tender the defence of an ordinary third-party civil claim to you, in which case you will defend it with counsel reasonably acceptable to the Indemnified Party and will not, without the Indemnified Party's prior written consent, enter into any settlement that imposes liability, payment, or an admission of fault on, or requires any act or forbearance by, an Indemnified Party, and the Indemnified Party may participate in the defence with its own counsel at its own cost. Notwithstanding the foregoing, the Indemnified Party — and not you — at all times retains sole control of the defence, conduct, and resolution of any regulatory, governmental, or data-protection-authority investigation, enforcement matter, or proceeding (including any such matter or proceeding before, or brought by, a regulator, governmental authority, or data-protection authority in which an Indemnified Party is named as a respondent, defendant, or party), and of any matter where the DPA requires the Indemnified Party to retain control; for those matters the Indemnified Party conducts its own defence and response using counsel of its choice, will keep you reasonably informed and consult with you where practicable, will not settle a matter for which it seeks indemnity without your prior written consent (not to be unreasonably withheld, conditioned, or delayed), and you will indemnify the reasonable and documented costs of such defence and any resulting liability as provided in Section 13.1. For the avoidance of doubt, control of the defence of any claim rests with the Indemnified Party by default; you obtain control of a claim only where, and to the extent that, the Indemnified Party elects to tender an ordinary third-party civil claim to you under this Section 13.2, and nothing in this Section requires the Indemnified Party to surrender control of its own defence.

13.3 Bounceless IP indemnity. Subject to Section 11 (Limitation of liability), Bounceless will defend you against a third-party claim alleging that the Service, as provided by Bounceless and used in accordance with these Terms, infringes that third party's patent, copyright, trademark, or trade-secret rights, and will indemnify you for amounts finally awarded against you (or agreed in settlement by Bounceless) on such a claim. This obligation does not apply to, and you instead indemnify Bounceless for, any claim arising from Customer Data, your modifications or combinations of the Service, or any use of the Service in breach of these Terms or applicable law. If the Service is or may become the subject of such a claim, Bounceless may, at its option, procure the right to continue use, modify or replace the affected component, or terminate the affected access and provide a pro-rata refund of prepaid, unused fees. This Section 13.3 states Bounceless's entire liability, and your sole and exclusive remedy, for any third-party intellectual-property claim.

13.4 Consumer and public-policy savings. Nothing in this Section 13 requires a buyer who qualifies as a consumer under the Paddle Buyer Terms or applicable mandatory law to indemnify, defend, or bear costs to any extent that such an obligation is unenforceable against a consumer under mandatory law, including under the EU Unfair Terms in Consumer Contracts Directive 93/13/EEC and the UK Consumer Rights Act 2015; to that extent, the buyer's non-waivable consumer protections prevail over this Section. In addition, and for all buyers, nothing in this Section 13 requires you to indemnify an Indemnified Party against a fine or penalty imposed on that Indemnified Party for its own conduct to the extent that indemnification of such a fine or penalty is unenforceable, void, or contrary to public policy under applicable law (including administrative fines under Article 83 GDPR and civil penalties imposed by a regulator or governmental authority). This Section 13.4 limits the scope of the indemnity only as stated and does not otherwise relieve you of your obligations under this Section 13.

14. Intellectual property

14.1 The Bounceless marks, user interface, software, and documentation are owned by or licensed to K&V KIELVES LEGACY VENTURES, SLU. You may not copy, resell, sublicense, reverse-engineer, or otherwise misuse them.

14.2 We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service for your internal business purposes in accordance with these Terms. You retain ownership of your Customer Data and Results, subject to these Terms.

14.3 Feedback. If you provide Bounceless with any feedback, suggestions, ideas, enhancement requests, or recommendations regarding the Service ("Feedback"), you grant Bounceless a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, and sublicensable licence to use, reproduce, modify, create derivative works of, and otherwise exploit the Feedback and to incorporate it into the Service or any other product or service, without restriction, attribution, or compensation to you. Feedback is provided voluntarily, you have no obligation to provide any, and Feedback is not your Confidential Information.

15. Governing law and forum

15.1 If your Buyer Location (as defined in Section 0) is the United States: these Terms and any dispute relating to the Service are governed by the laws of the State of New York and the federal laws of the United States, without regard to conflict-of-laws rules; provided that the agreement to arbitrate in Section 16 is governed by the Federal Arbitration Act as set out in Section 16.6. Subject to Section 16 (Binding Arbitration), the state and federal courts located in New York County, New York shall have exclusive jurisdiction.

15.2 If your Buyer Location is the EEA, the United Kingdom, Andorra, or any country other than the United States: these Terms, and any non-contractual obligations arising from them, are governed by the laws of the Principality of Andorra, and the courts of Andorra la Vella have non-exclusive jurisdiction, save that: (a) nothing deprives a consumer of the protection of mandatory provisions of the law of their country of habitual residence, including EU/EEA/UK consumer-protection and data-protection law; and (b) where you are a consumer, any proceedings you bring against us, and any proceedings we bring against you, may be brought in the courts of your country of habitual residence, and you retain the right to bring or defend proceedings there, in addition to or instead of the courts of Andorra la Vella, to the extent required by mandatory law. Where no Buyer Location can be determined, this Section 15.2 applies as the default and the law of Andorra governs, subject to the consumer protections above.

15.3 Paddle relationship. The buyer–Paddle relationship (payment, refunds, buyer governing law and venue) is governed separately by the Paddle Buyer Terms (EU/EEA/UK buyers: England; U.S. buyers: New York; Quebec: Quebec). The Buyer Location used to determine the regime in Sections 15.1 and 16 is the same location Paddle uses to determine the buyer regime under the Paddle Buyer Terms.

15.4 Limited court access (mutual). Subject to Section 16 (which governs disputes with customers whose Buyer Location is the United States) and without limiting the mutual carve-outs in Section 16.1, either party may bring an individual claim in a court of competent jurisdiction solely to seek injunctive or other equitable relief to protect or enforce its intellectual-property rights, or may bring a qualifying individual claim in a small-claims court. This Section 15.4 confers no right on either party alone to litigate damages or money claims that are otherwise subject to arbitration under Section 16.

16. United States customers — Binding Arbitration and Class Action Waiver

PLEASE READ — THIS SECTION AFFECTS YOUR RIGHTS.

16.1 If your Buyer Location (as defined in Section 0) is the United States, you and K&V KIELVES LEGACY VENTURES, SLU agree that any dispute arising out of or relating to these Terms or the Service shall be resolved by final and binding individual arbitration administered by JAMS under its Comprehensive Arbitration Rules and Procedures (or, where the amount and nature of the claim qualify, the JAMS Streamlined Arbitration Rules and Procedures), seated in New York, New York, and conducted in English, rather than in court — except that either party may bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court to protect its intellectual-property rights. These carve-outs apply equally to both parties. Commencing arbitration under this Section is subject to the informal-resolution condition precedent in Section 17.1.

16.2 YOU AND BOUNCELESS WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

16.3 30-day opt-out. You may opt out of this Section 16 by emailing legal@bounceless.io within 30 days of first accepting these Terms, stating your name, account, and intent to opt out. Opting out does not affect any other provision of these Terms.

16.4 If the class-action waiver in Section 16.2 is held unenforceable as to any claim, that claim shall be severed and resolved in court, while the remainder of this Section 16 remains in effect for all other claims.

16.5 This Section 16 applies only to customers whose Buyer Location is the United States, and does not apply where mandatory law prohibits or restricts pre-dispute arbitration or a class-action or jury-trial waiver. For clarity, a consumer whose Buyer Location is in the EEA or the United Kingdom is outside the scope of this Section 16 and is instead subject to Section 15.2.

16.6 Federal Arbitration Act; delegation. This arbitration agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation, applicability, and enforcement of this Section 16, notwithstanding the New York governing-law provision in Section 15.1. Except for the enforceability of the class-action waiver in Section 16.2 — which is reserved to a court as provided in Section 16.4 — the arbitrator has exclusive authority to resolve any dispute relating to the interpretation, scope, applicability, enforceability, formation, or validity of this Section 16, including any claim that all or part of it is void or voidable. If the Federal Arbitration Act is for any reason held not to apply to a given dispute within the scope of this Section 16, the arbitration shall instead proceed under the arbitration law of the State of New York, and this Section 16 otherwise remains in full force.

17. Disputes and complaints

17.1 Informal resolution (condition precedent). Before commencing arbitration under Section 16 or any litigation, the parties will first attempt in good faith to resolve the dispute informally. The party raising the dispute must send a written description of it — including the relief sought — to legal@bounceless.io (or, for a dispute we raise, to your account contact), and the parties will then negotiate in good faith for thirty (30) days from the date that notice is sent. Completion of this 30-day informal-resolution process is an express condition precedent to commencing arbitration under Section 16, and the 30-day period must elapse (or the other party must have declined in writing to engage) before either party may file an arbitration demand. This requirement does not apply to a claim falling within the small-claims or injunctive/equitable-relief carve-outs in Sections 15.4 and 16.1, and any applicable limitation period or filing deadline is tolled while the informal-resolution process is pending.

17.2 Billing, refund, and payment disputes are handled by Paddle as Merchant of Record under Paddle's Buyer Terms.

18. General provisions

18.1 Changes to these Terms. We may update these Terms from time to time. We will post the updated Terms with a new effective date and, for material changes, give reasonable advance notice (e.g. by email to your account address or in-product). For an existing customer, a material change that reduces that customer's rights takes effect only after the reasonable advance-notice period has run, and not on a same-day basis; the effective date shown at the top of these Terms applies immediately to new customers and to non-material or rights-neutral changes. Your continued use of the Service after the applicable effective date constitutes acceptance. If you do not agree, you must stop using the Service. The current version and effective date are shown at the top of these Terms.

18.2 Incorporated documents. These Terms incorporate by reference our Privacy Policy, Refund Policy, and DPA, each available at www.bounceless.io (the DPA at www.bounceless.io/dpa). In the event of conflict between these Terms and the Refund Policy regarding refunds, the Refund Policy and Paddle's Buyer Terms prevail. In the event of conflict on data-processing matters, the DPA prevails.

18.3 Third-party services. The Service relies on third parties, including Paddle (payments/Merchant of Record) and our hosting, DNS, email-infrastructure, and other sub-processors. Your purchase is also subject to Paddle's Buyer Terms. We do not control, and are not responsible for, third-party services, and their terms may apply to you. We will not issue invoices to or demand payment from you directly and will not alter or obscure the Paddle Checkout.

18.4 Entire agreement. These Terms, together with the Privacy Policy, Refund Policy, DPA, and any order placed through Paddle, constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous understandings, communications, and proposals. Paddle's Buyer Terms additionally govern your purchase as between you and Paddle.

18.5 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable by a court or tribunal of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if it cannot be so modified, severed, and the remaining provisions will remain in full force and effect.

18.6 Assignment. You may not assign or transfer these Terms or any rights or obligations under them without our prior written consent, and any attempted assignment in breach is void. We may assign or transfer these Terms, in whole or in part, without your consent to an affiliate or in connection with a merger, acquisition, corporate reorganisation, financing, or sale of all or substantially all of our assets. These Terms bind and benefit the parties and their permitted successors and assigns.

18.7 Force majeure. Neither party is liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action or sanctions, labour disputes, internet, hosting, DNS, SMTP, or third-party provider failures, cyberattacks, or power outages.

18.8 Export controls and sanctions. You represent and warrant that you are not located in, organised under the laws of, or ordinarily resident in a country or territory subject to comprehensive U.S., EU, UK, or applicable sanctions; that you are not on any restricted-party or sanctions list (including the U.S. OFAC SDN list, EU consolidated list, and UK lists); and that you will not use the Service in violation of applicable export-control or sanctions laws. We may suspend or terminate access to comply with such laws.

18.9 Notices. We may give notices to you by email to the address on your account or via in-product notification; such notice is deemed received when sent. Legal notices to us must be sent to legal@bounceless.io and to K&V KIELVES LEGACY VENTURES, SLU, Carrer de l'Aigüeta 19, 1-3, AD500 Andorra la Vella, Andorra.

18.10 No waiver. Our failure or delay in exercising any right under these Terms is not a waiver of that right, and any single or partial exercise does not preclude further exercise of that or any other right.

18.11 Survival. Any provision that by its nature should survive termination or expiry survives, including provisions on Customer Data and lawful basis, data-protection roles, fees already due, disclaimers, limitation of liability, confidentiality, indemnification, intellectual property, data retention, governing law, dispute resolution, arbitration, and these general provisions.

19. Change log

K&V KIELVES LEGACY VENTURES, SLU — Carrer de l'Aigüeta 19, 1-3, AD500 Andorra la Vella, Andorra. Reg. L-720542-R. Contact: legal@bounceless.io. Our order process is conducted by our online reseller Paddle.com; Paddle.com is the Merchant of Record for all our orders.