Terms & Conditions
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.
“Bounceler”, “we”, “our”, or “us” means JustdoMobi L.L.C.
“Service” means the email verification and validation services provided by Bounceler, including API access, web interface, and any related tools.
“User” / “Customer” means any individual or entity using the Service.
“Account” means a registered user account required to access certain features of the Service.
“Input Data” means any email addresses or data submitted by the User to the Service for verification.
“Results” means the output provided by the Service, including but not limited to validation status (e.g., valid, invalid, catch-all, unknown), scoring, or metadata.
“Credits” means prepaid units used to access the Service, where one credit is deducted per verification request unless otherwise specified.
“API” means the application programming interface provided by Bounceler for accessing the Service programmatically.
“Third-Party Services” means external systems, networks, or services (including email servers and internet infrastructure) that Bounceler relies on to provide the 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, Bounceler hereby grants to the Customer a revocable, non-exclusive, non-transferable, and worldwide license to access and use the Service solely for the Customer’s internal business purposes or on behalf of its clients.
Email Validation Services
Under this license, the Customer is permitted to upload Input Data to the Service and to download the corresponding Results, as made available through the 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. The scope and availability of these features are determined by, and limited to, the Customer’s applicable subscription plan or credit balance.
Customer Restrictions
The Customer expressly agrees not to, and shall ensure that no third party acting on its behalf shall:
Access and Use
(a) License, sublicense, sell, resell, transfer, assign, distribute, or otherwise make the Service available to any third party, except as expressly permitted under this Agreement;
(b) Modify, adapt, translate, or create derivative works based upon the Service;
(c) Decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code, structure, or underlying ideas of the Service.
Prohibited Activities
The Customer shall not, whether directly or indirectly:
(a) Use the Service to send unsolicited or unauthorized emails, including spam or communications in violation of applicable law;
(b) Upload or process unlawful, infringing, or harmful data;
(c) Introduce viruses or malicious code;
(d) Interfere with or disrupt the Service or its infrastructure;
(e) Attempt to gain unauthorized access to the Service or related systems;
(f) Circumvent or attempt to circumvent usage limits, credit systems, or security measures;
(g) Use the Service to develop or train a competing product or service;
(h) Use the Service in violation of applicable laws or third-party rights.
Service Access and Enforcement
Bounceler reserves the right to suspend, limit, or terminate access to the Service (including API access) at any time if it reasonably believes the Customer is in violation of this Agreement, engaging in abusive usage, or creating risk to the Service or other users.
3. Customer Responsibilities
The Customer is 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 Input Data through the Service.
The Customer represents and warrants that it has obtained all required consents and has a lawful basis to process any personal data (including email addresses) submitted to the Service, in accordance with applicable data protection and privacy laws.
The Customer shall use the Service in strict compliance with all applicable laws, regulations, and industry standards, including those relating to data protection, privacy, anti-spam, and electronic communications.
The Customer acknowledges and agrees that it bears full responsibility for its use of the Service and for all outcomes resulting from such use, including, without limitation:
the use, processing, or transmission of Input Data;
any decisions or actions taken based on the Results;
the performance of email campaigns or communications;
and the behavior or response of third-party systems, including email servers and internet infrastructure.
4. Data Usage, Retention, and Ownership
Data Roles
The Parties acknowledge and agree that, with respect to Input 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 shall process Input Data only as necessary to provide the Service in accordance with this Agreement and the Customer’s instructions.
Use of Data
Bounceler may collect, process, and use Customer registration data and Input Data solely as necessary to operate, maintain, and provide the Service. Bounceler shall not sell, retain, use, or disclose Input Data for any purpose other than performing the Service, including any form of cross-context behavioral advertising.
Notwithstanding the foregoing, Bounceler may use aggregated and/or anonymized data derived from the Service for purposes such as improving performance, analytics, security, and product development, provided such data does not identify any individual or Customer.
Data Retention
Input Data submitted by the Customer may be securely stored and encrypted for up to thirty (30) days following processing, solely to enable continued access to Results. The Customer, as Data Controller, instructs Bounceler to process and retain the data for this period.
Bounceler will comply with any earlier written request from the Customer to delete Input Data, subject to technical limitations and legal obligations.
Data Ownership
Input Data constitutes the Customer’s proprietary and confidential information. The Customer retains all rights, title, and interest in and to the Input Data and is solely responsible for its accuracy, legality, and intellectual property rights.
Bounceler shall not access, use, or disclose Input Data except as permitted under this Agreement.
Data Security
Bounceler implements commercially reasonable technical and organizational measures designed to protect Input Data against unauthorized access, disclosure, or loss. However, the Customer acknowledges that no system can be guaranteed to be completely secure.
Privacy Policy
All data shall be processed in accordance with applicable data protection laws and Bounceler’s then-current Privacy Policy, which is incorporated herein by reference.
5. Publicity
Bounceler may use the Customer’s name and logo on its website and in promotional materials solely for the purpose of identifying the Customer as a user of the Service.
Such use shall not imply any endorsement, partnership, or sponsorship by the Customer.
All rights, title, and interest in the Customer’s name, logo, and trademarks shall remain the exclusive property of the Customer.
The Customer may request in writing at any time that its name and/or logo not be used, and Bounceler shall promptly comply with such request.
6. Intellectual Property Ownership
Bounceler retains all right, title, and interest, including all intellectual property rights, in and to the Service and its underlying technology, including any improvements, enhancements, or modifications thereto.
All rights not expressly granted to the Customer under this Agreement are reserved by Bounceler.
This Agreement does not constitute a sale and does not transfer any ownership rights in the Service. The Customer is granted only a limited right to use the Service in accordance with this Agreement.
Customer Data
The Customer retains all rights, title, and interest in and to the Input Data submitted to the Service.
Derived and Aggregated Data
Bounceler may generate, use, and retain aggregated, anonymized, or derived data resulting from the operation of the Service, provided that such data does not identify any individual, Customer, or Input Data.
All rights, title, and interest in such aggregated or derived data shall belong exclusively to Bounceler, which may use such data for purposes including, but not limited to:
improving the Service
developing new features
analytics and benchmarking
security and fraud prevention
research and commercial purposes
Feedback
If the Customer provides any suggestions, ideas, or feedback regarding the Service, Bounceler may use such feedback without restriction or obligation to the Customer.
7. Service Description and No Guarantees
Service Description
Bounceler provides email verification and related deliverability tools designed to assist Customers in evaluating email address quality and related data. The Service analyzes Input Data using a combination of technical checks, heuristics, and third-party systems.
No Guarantee of Accuracy or Results
The Customer acknowledges that the Service provides estimates and probabilistic assessments, and that email validation results are not guaranteed to be accurate, complete, or error-free.
Certain classifications, including but not limited to “catch-all”, “unknown”, or similar statuses, are inherently uncertain and may vary over time or across systems.
No Guarantee of Deliverability
Bounceler does not guarantee email deliverability, inbox placement, sender reputation, or campaign performance.
Email delivery outcomes depend on numerous factors outside of Bounceler’s control, including but not limited to recipient mail servers, spam filters, sending practices, and third-party systems.
Third-Party Dependencies
The Service relies on Third-Party Services, including external mail servers and network infrastructure. Bounceler is not responsible for the availability, behavior, or accuracy of such third-party systems.
Use at Customer’s Own Risk
The Customer is solely responsible for how it uses the Results provided by the Service and for any decisions or actions taken based on such Results.
8. Confidentiality
Each Party (“Receiving Party”) agrees to protect the Confidential Information of the other Party (“Disclosing Party”) and to use such Confidential Information solely for the purposes of performing under this Agreement.
For the purposes of this Agreement:
Bounceler’s Confidential Information includes the Service and its underlying technology, including its architecture, design, structure, and functionality.
The Customer’s Confidential Information includes Input Data and Customer account information.
The Receiving Party shall not disclose or make available the Disclosing Party’s Confidential Information to any third party, except as necessary to perform its obligations under this Agreement and subject to appropriate confidentiality obligations.
Each Party shall protect the other Party’s Confidential Information using at least the same degree of care it uses to protect its own confidential information, and in no event less than a reasonable standard of care.
Exclusions
Confidential Information does not include information that:
(a) is or becomes publicly available without breach of this Agreement;
(b) was lawfully known to the Receiving Party prior to disclosure;
(c) is lawfully obtained from a third party without restriction;
(d) is independently developed without use of the Confidential Information; or
(e) is required to be disclosed by law, regulation, or court order, provided that the Receiving Party gives prompt notice (where legally permitted) and discloses only the minimum amount required.
Residual Knowledge
Nothing in this Agreement shall prevent either Party from using general knowledge, experience, skills, or know-how retained in unaided memory, provided that such use does not involve disclosure of Confidential Information.
9. Privacy and Site Terms of Use
Bounceler’s Privacy Policy and the terms governing use of its website (the “Site Terms of Use”) are available at:
https://www.bounceler.com/privacy-policy/
The Privacy Policy and Site Terms of Use are incorporated into and form part of this Agreement as in effect at the time of acceptance.
In the event of any conflict between this Agreement and the Privacy Policy or Site Terms of Use, this Agreement shall prevail, unless otherwise required by applicable law.
Bounceler may update its Privacy Policy and Site Terms of Use from time to time. Where such changes materially affect the Customer’s rights or obligations, Bounceler will use reasonable efforts to provide notice (for example, via the website or email).
Continued use of the Service following such updates constitutes acceptance of the revised terms.
10. Business Associate Agreement (HIPAA)
The Service is not intended for the processing of Protected Health Information (“PHI”) unless expressly agreed in writing.
If and to the extent that the Customer’s use of the Service involves 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 applicable regulations (collectively, the “HIPAA Rules”), the Customer must enter into a separate Business Associate Agreement (“BAA”) with Bounceler prior to submitting any such data.
Bounceler shall have no obligations with respect to PHI unless and until a BAA has been fully executed by both Parties.
Any such BAA shall be incorporated by reference into, and form part of, this Agreement.
11. Charges and Payment of Fees
(a) Fees and Pricing
The Customer shall pay all fees associated with its use of the Service in accordance with the pricing published on Bounceler’s website, as updated from time to time.
All fees are denominated in U.S. Dollars (USD), unless otherwise specified.
(b) Credit-Based Billing
Access to the Service is based on a prepaid credit system. The Customer must purchase credits in advance in order to use the Service.
Unless otherwise specified:
one (1) credit is deducted per verification request;
duplicate email verifications may not be charged;
certain results (such as “unknown”) may not result in a credit deduction, as determined by the Service logic.
Bounceler reserves the right to define and update how credits are consumed based on the functionality of the Service.
(c) Payment Terms
All purchases of credits are final, non-cancellable, and non-refundable, except as required by applicable law.
Fees apply at the time credits are purchased. Any changes to pricing shall apply only to future purchases and shall not affect previously purchased credits.
The Customer authorizes Bounceler to charge its provided payment method for all applicable fees and to share payment information with third-party payment processors as necessary.
If a payment is declined or not authorized, Bounceler may cancel the transaction and suspend or deny access to the Service.
(d) Taxes
The Customer is responsible for all applicable taxes, duties, or governmental charges associated with its use of the Service, excluding taxes based on Bounceler’s net income.
(e) Late Payment
If credits are issued prior to payment and payment is not received within thirty (30) days:
(a) access to the Service and any unused credits may be suspended; and
(b) interest shall accrue on the outstanding balance at a rate of 1.5% per month, or the maximum rate permitted by law.
(f) Abuse and Fraud
Bounceler reserves the right to suspend, revoke, or adjust credits and/or access to the Service in cases of suspected fraud, abuse, or violation of this Agreement.
12. Credit Purchase and Cancellation Policy
Access to the Service is provided on a prepaid, credit-based model as described in Section 10.
The Customer may discontinue use of the Service at any time by ceasing to purchase additional credits.
All credit purchases are final, non-cancellable, and non-refundable, except as required by applicable law.
Unless otherwise specified, purchased credits do not expire.
The Customer may close its Account at any time through the Service interface or by contacting Bounceler support. Upon account closure:
access to the Service will be terminated;
any unused credits will be forfeited without refund; and
Bounceler may delete associated data in accordance with its data retention policies.
Bounceler reserves the right to suspend or terminate Accounts in accordance with this Agreement.
13. Termination
Either Party may terminate this Agreement at any time, with or without cause, by providing written notice to the other Party. The Customer may also terminate this Agreement by closing its Account or ceasing use of the Service.
Bounceler may suspend or terminate the Customer’s access to the Service immediately, without prior notice, if it reasonably believes that:
the Customer is in breach of this Agreement;
payment obligations have not been fulfilled; or
the Customer’s use of the Service poses a security risk, is abusive, or may harm the Service or other users.
Effect of Termination
Upon termination of this Agreement for any reason:
(a) all rights granted to the Customer shall immediately cease;
(b) any unused credits shall be forfeited without refund;
(c) access to the Service shall be terminated; and
(d) Bounceler may delete Customer data in accordance with its data retention policies.
No Liability for Termination
Bounceler shall not be liable to the Customer or any third party for any termination or suspension of access to the Service in accordance with this Agreement.
Survival
Any provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to provisions relating to intellectual property, confidentiality, limitation of liability, and payment obligations.
Accrued Rights
Termination shall be without prejudice to any rights or remedies accrued prior to termination.
14. 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 all necessary rights, permissions, and lawful basis to use, process, and submit Input Data through the Service; and
(ii) it shall comply with all applicable laws, regulations, and industry standards in connection with its use of the Service.
(b) Bounceler Representations and Warranties
Bounceler represents and warrants that:
(i) it has the right and authority to provide the Service as described in this Agreement;
(ii) it will provide the Service in a manner consistent with generally accepted industry practices for similar services; and
(iii) it will implement commercially reasonable technical and organizational measures designed to protect Input Data.
(c) Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.”
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BOUNCELER DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:
ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT;
ANY WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR RELIABILITY OF RESULTS;
ANY WARRANTIES THAT THE SERVICE WILL MEET THE CUSTOMER’S REQUIREMENTS OR EXPECTATIONS; OR
ANY WARRANTIES REGARDING EMAIL DELIVERABILITY, INBOX PLACEMENT, OR CAMPAIGN PERFORMANCE.
15. Indemnification
(a) Customer Indemnification
The Customer shall indemnify, defend, and hold harmless Bounceler and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to any third-party claim alleging that:
(i) Bounceler’s use of Input Data in accordance with this Agreement violates any applicable law or third-party right; or
(ii) the Customer’s use of the Service violates applicable law, exceeds authorized use, or breaches this Agreement.
This obligation applies only if Bounceler:
(1) promptly notifies the Customer of the claim;
(2) allows the Customer to control the defense and settlement; and
(3) provides reasonable cooperation.
The Customer shall not settle any claim in a manner that imposes liability or obligations on Bounceler without Bounceler’s prior written consent.
(b) Bounceler Indemnification
Bounceler shall indemnify, defend, and hold harmless the Customer from and against any third-party claim alleging that the Service, when used in accordance with this Agreement, directly infringes a third party’s intellectual property rights.
This obligation applies only if the Customer:
(1) promptly notifies Bounceler of the claim;
(2) allows Bounceler to control the defense and settlement; and
(3) provides reasonable cooperation.
This indemnity shall not apply to claims arising from:
(i) use of the Service in violation of this Agreement;
(ii) modifications or combinations not provided by Bounceler; or
(iii) use of the Service with third-party data or systems not controlled by Bounceler.
Bounceler shall not settle any claim in a manner that imposes liability or obligations on the Customer without the Customer’s prior written consent.
16. 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 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.
17. Limitation of Liability
EXCEPT FOR CLAIMS ARISING FROM A PARTY’S CONFIDENTIALITY OBLIGATIONS OR INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT, EACH PARTY’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY THE CUSTOMER TO BOUNCELER FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE 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.
WITHOUT LIMITING THE FOREGOING, BOUNCELER SHALL NOT BE LIABLE FOR:
(a) ANY DECISIONS OR ACTIONS TAKEN BY THE CUSTOMER BASED ON THE RESULTS;
(b) ANY EMAIL DELIVERY OUTCOMES, INCLUDING INBOX PLACEMENT OR CAMPAIGN PERFORMANCE; OR
(c) ANY ISSUES ARISING FROM THIRD-PARTY SERVICES OR EXTERNAL SYSTEMS.
18. Sanctions and Compliance
The Customer represents and warrants that:
(i) it is not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic or trade sanctions under applicable laws;
(ii) it is not listed on, and is not owned or controlled by any person or entity listed on, any sanctions-related list maintained by applicable governmental authorities (including, without limitation, the U.S. Department of the Treasury’s Office of Foreign Assets Control);
(iii) it is not prohibited from receiving or using the Service under any applicable sanctions, export control, or trade compliance laws; and
(iv) it will not use the Service in violation of any applicable anti-corruption, anti-bribery, anti-money laundering, or sanctions laws.
To the best of its knowledge, the Customer is not the subject of any governmental investigation or enforcement action related to the foregoing.
The Customer agrees to promptly notify Bounceler if it becomes aware of any breach of this section.
Bounceler may suspend or terminate access to the Service immediately if it reasonably believes the Customer is in violation of this section.
19. Notices and Modifications
(a) Notices
Any notice required or permitted under this Agreement shall be in writing and deemed given when sent by email or made available through the Service.
Notices to the Customer may be sent to the email address associated with the Customer’s Account or displayed within the Service.
Notices to Bounceler shall be sent to support@bounceler.com, unless otherwise specified.
(b) Modifications
Bounceler may modify this Agreement from time to time. For material changes, Bounceler will provide at least thirty (30) days’ prior notice via email or through the Service. Non-material changes may take effect immediately.
All modifications shall apply prospectively from their effective date and shall not apply retroactively.
Continued use of the Service after the effective date of any modification constitutes acceptance of the revised terms.
If the Customer does not agree to the updated terms, it must discontinue use of the Service.
20. Relationship of the Parties
The Parties are independent contractors, and nothing in this Agreement shall be deemed to create any relationship of partnership, joint venture, employment, agency, franchise, fiduciary, or similar relationship between them.
Neither Party has the authority to bind the other or to incur any obligations on behalf of the other, and neither Party shall hold itself out as having such authority.
This Agreement does not grant either Party any exclusivity rights.
21. Force Majeure
Bounceler shall not be liable for any failure or delay in performance of its obligations under this Agreement to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, war (declared or undeclared), terrorism, riots, civil unrest, government actions, strikes or labor disputes, fires, floods, earthquakes, storms, explosions, power outages, pandemics, epidemics, or failures of telecommunications networks, internet infrastructure, or third-party hosting providers.
Bounceler’s obligations shall be suspended for the duration of such event, and Bounceler shall use commercially reasonable efforts to resume performance as soon as practicable.
22. Assignment
The Customer may not assign or transfer this Agreement, in whole or in part, without Bounceler’s prior written consent, which shall not be unreasonably withheld.
Bounceler may assign or transfer this Agreement, in whole or in part, without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.
Bounceler may perform its obligations and exercise its rights under this Agreement through its affiliates or subcontractors.
Any assignment in violation of this section shall be null and void.
This Agreement shall be binding upon and inure to the benefit of the Parties and their respective permitted successors and assigns.
23. Governing Law and Jurisdiction
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.
Any dispute, claim, or controversy arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the competent courts located in Israel.
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 resolved 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, failing such agreement, appointed by the Israeli Institute of Commercial Arbitration.
The arbitrator’s decision shall be final and binding upon the Parties. Judgment upon the award may be entered and enforced by any court of competent jurisdiction.
Each Party shall bear its own costs and expenses, including attorneys’ fees, unless otherwise determined by the arbitrator.
Notwithstanding the foregoing, either Party may seek injunctive or equitable relief in a competent court to protect its intellectual property or confidential information.
If this arbitration provision is found to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
The Customer may opt out of this arbitration provision by providing written notice within thirty (30) days of accepting this Agreement. If the Customer does not opt out within this period, this section shall be 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 to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
To the extent permitted by law, the invalid or unenforceable provision shall be modified and interpreted so as to best accomplish the objectives and intent of the original provision. If such modification is not possible, the provision shall be deemed severed from this Agreement, and the remaining provisions shall continue in effect.
27. Waiver and Remedies
No failure or delay by either Party in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy.
Any waiver must be in writing and signed by the Party granting such waiver, and shall apply only to the specific instance for which it is given.
Except as expressly stated in this Agreement, all rights and remedies are cumulative and may be exercised independently or together.
28. Amendments
Except as otherwise provided in this Agreement, any amendment or modification must be in writing and agreed to by both Parties.
29. Entire Agreement
This Agreement constitutes the entire agreement between the Parties regarding its subject matter and supersedes all prior or contemporaneous agreements, communications, and understandings, whether written or oral.
Last Revised: October 1, 2025