Last updated on November 11th, 2024
General Terms
These Terms of Use and Additional Terms and Conditions (“Agreement)” set forth the terms and conditions that apply to your access and use of the Bundled.com and mobile App (“Bundled”) as owned and operated by Bundled Inc., collectively the "Services". Important Disclaimer: Bundled acts as a payments enabler and single login provider for you at these services. It is not affiliated with these services and primarily makes money through interchange.
Bundled is intended ONLY for users in the United States and its use is governed by the laws based on your country of purchase.
As used in this Agreement, the term "Sites" includes all GoBundled.com and associated websites, pages that are associated or within each website and all devices, applications or services that Bundled operates or offers that link to this Agreement. By accepting electronically (for example, clicking “I Agree”), installing, accessing or using the Services, you agree to be bound by the terms and conditions of this Agreement and Bundled Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below). If you do not agree to this Agreement, then you may not use the Services.
Accepting the Terms
By using the information, tools, features, software and functionality including content, updates and new releases provided by Bundled, you agree to be bound by this Agreement, whether you are a "Visitor” (which means that you simply browse the Bundled.com website), or a "Member” (which means that you have registered with Bundled.com). The term "you” or “User” refers to a Visitor, or Member. The term “we” refers to Bundled. If you wish to become a member, communicate with other Members, or make use of the Services, you must read this Agreement and indicate your acceptance during the registration process.
You may not use the Bundled and you may not accept this Agreement if you are not are not at least 18 years of age and, in any event, of a legal age to form a binding contract with Bundled.
If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.
Privacy and your Personal Information
You can view Bundled Privacy Statement here and on the Site for the Services. You agree to the applicable Bundled Privacy Statement, and any changes published by Bundled. You agree that Bundled may use and maintain your data according to the Bundled’s Privacy Statement, as part of the Services. You give Bundled permission to combine information you enter or upload for the Services with that of other users of the Services and/or other Bundled services. For example, this means that Bundled may use your and other users’ non-identifiable, aggregated data to improve the Services or to design promotions. Bundled may access or store personal information in multiple countries, including countries outside of your own country to the extent permitted by applicable law.
Description of the Services
The Bundled Service is a subscription and aggregation service that allows you to consolidate and track your subscriptions from third parties. The Bundled Service itself is provided to you by Bundled without charge (it is free) but Bundled does charge a monthly, quarterly or annual subscription fee based on the subscription services that you choose as part of your Bundle.
You may choose the subscriptions that are a part of your Bundle and this will define the monthly fees. Any service from Bundled requires at least 3 subscriptions to be a part of your Bundle. Bundled does not sell or resell individual third-party subscription services at a discount unless running promotional offers in partnership with a third party.
The Services may also present you information relating to third party products or services (“Bundled Offers”), as well as provide you general tips, recommendations and educational material.
Account Information from Third Party Sites
Users may direct Bundled to retrieve their own information maintained online by third parties with which they have customer relationships, maintain accounts or engage in financial transactions (“Account Information”). Bundled works with one or more online service providers to access this Account Information. Bundled makes no effort to review the Account Information for any purpose, including but not limited to accuracy, legality or non-infringement. Bundled is not responsible for the products and services offered by or on third-party sites.
Bundled cannot always foresee or anticipate technical or other difficulties which may result in failure to obtain data or loss of data, personalization settings or other service interruptions. Bundled cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any user data, communications or personalization settings. For example, when displayed through the Services, Account Information is only as fresh as the time shown, which reflects when the information is obtained from such sites. Such information may be more up to date when obtained directly from the relevant sites. You can refresh your Account Information through the Services, in the manner prescribed in the associated instructions.
Bundled Offers and Third-Party Links
Some parts of the Services are supported by sponsored links from advertisers and display Bundled Offers that may be custom matched to you based on information stored in the Services, queries made through the Services or other information. We will always disclose when a particular Bundled Offer is sponsored.
In connection with Bundled Offers, the Services will provide links to other web sites belonging to Bundled advertisers and other third parties. Bundled does not endorse, warrant or guarantee the products or services available through the Bundled Offers (or any other third-party products or services advertised on or linked from our site), whether or not sponsored, and Bundled is not an agent or broker or otherwise responsible for the activities or policies of those web sites.
Bundled does not guarantee that the loan, investment, plan or other service terms, rates or rewards offered by any particular advertiser or other third party on the Sites are actually the terms that may be offered to you if you pursue the offer or that they are the best terms or lowest rates available in the market. Bundled shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party web sites or services.
If you elect to use or purchase services from third parties, you are subject to their terms and conditions and privacy policy. Bundled strongly advises you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
Your Registration Information
In order to allow you to use the Services, you will need to sign up for an account with Bundled. We may verify your identity.You authorize us to make any inquiries we consider necessary to validate your identity. These inquiries may include asking you for further information,requiring you to provide your full address, your social security number and/or requiring you to take steps to confirm ownership of your email address or financial instruments, ordering a credit report, or verifying information you provide against third party databases or through other sources. If you do not provide this information or Bundled cannot verify your identity, we can refuse to allow you to use the Services.
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your LoginID e-mail address, allows you to access the Sites. That LoginID and password form your “Registration Information.” By providing us with your e-mail address, you agree to receive all required notices electronically, through the Services by displaying links to notices generally on the Site, to that e-mail address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.
If you become aware of any unauthorized use of your Registration or Account Information for the Services, you agree to notify Bundled immediately at the email address - hello@goBundled.com.
If you believe that your Registration or Account Information or device that you use to access the Bill Pay Services has been lost or stolen, that someone is using your account without your permission has occurred, you must notify Bundled immediately.
The following is Bundled’s contact information:
Email: hello@goBundled.com
Your Use of the Services
Your right to access and use the Sites and the Services is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use the Sites and Services for lawful purposes. Accurate records enable Bundled to provide the Services to you. You must provide true, accurate, current and complete information about your accounts maintained at other web sites, as requested in our “add account "setup forms, and you may not misrepresent your Registration and Account Information. In order for the Services to function effectively, you must also keep your Registration and Account Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Services will be affected. You represent that you are a legal owner of, and that you are authorized to provide us with, all Registration and Account Information and other information necessary to facilitate your use of the Services.
Your access and use of. Services may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of the Services or other actions that Bundled, in its sole discretion,may elect to take. In no event will Bundled be liable to any party for any loss, cost, or damage that results from any scheduled or unscheduled downtime.
Your sole and exclusive remedy for any failure or non-performance of the Services, including any associated software or other materials supplied in connection with such services, shall be for Bundled to use commercially reasonable efforts to effectuate an adjustment or repair of the applicable service.
From time to time, Bundled may include new and/or updated trial features and trial use (“Goodies” features) in Services for your use and which permit you to provide feedback. You understand and agree that your use of Goodies features is voluntary and Bundled is not obligated to provide you with any Goodies features. Furthermore, if you decide to use the Goodies features you agree to abide by any rules or restrictions Bundled may place on them. You understand that once you use the Goodies features may be offered in partnership with 3rd parties and you agree to abide by the terms of service of the providing parties. You acknowledge and agree that all use of the Goodies features is at your sole risk.
Use With Your Mobile Device
Use of these Services may be available through a compatible mobile device, Internet and/or network access and may require software. You agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider. BUNDLED MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO: (i) THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION; (ii) ANYLOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND (iii) ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
Online and Mobile Alerts
Bundled may from time to time provide automatic alerts and voluntary account-related alerts. Automatic alerts may be sent to you following certain changes to your account or information, such as a change in your Registration Information.
Voluntary account alerts may be turned on by default as part of the Services. They may then be customized, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. Bundled may add new alerts from time to time or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.
You understand and agree that any alerts provided to you through the Services may be delayed or prevented by a variety of factors. Bundled may make commercially reasonable efforts to provide alerts in a timely manner with accurate information, but cannot guarantee the delivery, timeliness, or accuracy of the content of any alert. Bundled shall not be liable for any delays, failure to deliver, or misdirected delivery of any alert; for any errors in the content of an alert; or for any actions take nor not taken by you or any third party in reliance on an alert.
Electronic alerts will be sent to the email address you have provided as your primary email address for the Services. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.
Because alerts are not encrypted, we will never include your passcode. However, alerts may include your Login ID and some information about your accounts. Depending upon which alerts you select, information such as an account balance or the due date for your credit card payment may be included. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.
Rights You Grant to Us
By submitting information, data, passwords,usernames, PINs, other log-in information, materials and other content to Bundled through the Services, you are licensing that content to Bundled for the purpose of providing the Services. Bundled may use and store the content in accordance with this Agreement and our Privacy Statement. You represent that you are entitled to submit it to Bundled for use for this purpose, without any obligation by Bundled to pay any fees or be subject to any restrictions or limitations. By using the Services, you expressly authorize Bundled to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the “Add Accounts” feature of the Services, you will be directly connected to the website for the third party you have identified. Bundled will submit information including usernames and passwords that you provide to log into the Site. You hereby authorize and permit Bundled to use and store information submitted by you to accomplish the foregoing and to configure the Services so that it is compatible with the third-party sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant Bundled a limited power of attorney, and appoint Bundled or Bundled Bills as your attorney-in-fact and agent, to access third party sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BUNDLED IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM THIRD PARTY SITES, BUNDLED IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY THAT OPERATES THE THIRD-PARTY SITE. You understand and agree that the Services are not sponsored or endorsed by any third parties accessible through the Services. Bundled is not responsible for any payment processing errors or fees or other Services-related issues, including those issues that may arise from inaccurate account information.
Your Authorization for ACH Debits and Credits
By creating a Bundled Account, you provide your electronic signature to this Terms of Use, and you authorize Bundled to electronically debit and credit your Bank Account via the Automated Clearing House (“ACH”) in connection with your use of the Services, and, if applicable, to correct erroneous debits and credits via ACH.
You acknowledge that the electronic authorization contained in this section represents your prior written authorization for any automated ACH debit transactions as provided in this section and will remain in full force and effect until you notify Bundled that you wish to revoke this debit authorization by contacting us via the “Contact Support” link in the chat section of the App or email us at support@gobundled.com.
For automated debits and/or Bundled subscription fees you can pause transfers at any time through the app or close your Bundled Accounts to stop any additional debits from taking place. You must notify us that you are exercising your right to stop a debit or revoke your authorization for automatic debits at least 3 banking days before the next scheduled debit date. If you cancel your Bundled subscription or notify us that you are revoking this debit authorization, but you do so less than 3 banking days before the next scheduled debit date, we may nonetheless attempt, in our sole discretion, to cancel that scheduled debit transaction. However, we assume no responsibility for our failure to do so.
In addition, by agreeing to these Terms, you authorize Bundled to electronically debit your Bank Account, Credit Card or other approved payment account via ACH as follows:
You may cancel ACH authorization at any time, however, we must be notified at least three (3) business days before the debit is scheduled to occur, to prevent the upcoming transaction from processing.
Bundled reserves the right to cancel or suspend transactions due to fraud or compliance related concerns.
You agree to cooperate with us in correcting errors that may occur as part of the Services. If you receive funds or a credit in an amount greater than what you are entitled to receive under the Services and these Terms, then you agree to immediately return and pay such excess amount to us. You agree that we and our agents may reverse, withdraw or cancel any debit, transaction or item that provided you with funds in error. You agree that an error occurred if we or our agents send any funds to you after we receive evidence indicating that you defrauded us or provided us or our agents with false information. You agree that we may initiate a new ACH debit to your Bank Account in an amount equal to such overpayment plus the amount of expenses we incurred in recovering such overpayment, including the amount of your obligations, if any, under the “Indemnity” provision below. In addition to any of your other representations and warranties in these Terms, you represent that: (i) your browser is equipped with at least 128-bit security encryption;(ii) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; (iii) the ACH transactions you hereby authorize comply with applicable law; and (iv) your email address on record with us is yours and that email address is accurate and up-to-date.
In Case of Errors or Questions About Your Electronic Transfers message us in-App or email us at support@goBundled.com as soon as possible, if you think your statement or receipt is wrong or if you need more information about a transfer listed on the statement or receipt. We must hear from you no later than 90 days after we sent the FIRST statement on which the problem or error appeared.
If you tell us orally, we may require that you send us your complaint or question in writing within 10 Business Days.
We will determine whether an error occurred within 10 Business Days after we hear from you and will correct any error promptly. If we need more time, however, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 Business Days for the amount you think is in error, so that you will have the use of the money during the time it takes us to complete our investigation. If we ask you to put your complaint or question in writing and we do not receive it within 10 Business Days, we may not credit your account.
Bundled Bill Presentment and Payment Services (Billpay Services)
General
By using our Billpay Services, you expressly authorize the Bundled app to access your Biller account and associated information on the Biller Web site (“Biller Account”), on your behalf and as your limited agent, in order to provide the Services. The Bundled app automates payments to Billers identified by you. Each time you add a Biller Account through your use of the Services, the Bundled app will connect to the Web site for the Biller you have identified. Some Billers may employ the use of a captcha or similar technology on their website during the login process to determine whether or not the site visitor is human. You expressly authorize the Bundled app and/or any third-party vendor or technology that Bundled chooses to decode any captcha or similar technology on your behalf. Once you have added a Biller Account through your use of the Services, the Bundled app will submit information, including usernames and passwords that you provide, to log you into the Biller site (each, a “Biller Site”). You authorize and permit Bundled to use and store your Biller Account information to operate and configure the Services through the Bundled app so that they are compatible with the Biller Site for which you submit your Biller Account information. In providing the Services, Bundled has no knowledge of, and is not responsible for a violation of, any contractual obligations you may have with your Biller, including the Biller’s terms of use.
Payment Account Authorization
Bundled will facilitate payments that you direct through the Services electronically by (1) providing the information about the bank account, credit card, or debit card that you designate (the “Payment Account”) to process your payment. By initiating a bill payment through the Services, you authorize the Bundled app to provide instructions to the Biller to initiate and complete the payment on your behalf. You are solely responsible for complying with any terms set by your bank or credit union with respect to your Payment Account, including any fee terms, such as non-sufficient fund or overdraft fee terms.
You agree to maintain a balance or available credit limit in the specified Payment Account that is sufficient to fund all payments that you initiate through the Bundled app. You certify that your Payment Account is in your name and that you are authorized to use it. You represent and warrant that you have the right to authorize Billers and their payment processors to charge the Payment Account for payments that you initiate using the Services. You will indemnify and hold Bundled harmless from any claims by any other owner of the account or any Biller and its payment processor resulting from your lack of authority, funds or credit.
By accepting these Terms of Service, you consent to Bundled’s disclosure of your personal information (including your Payment Account information) to your Billers or other third parties for the following purposes:
You are responsible for confirming the accuracy of the information you provide about each payment you authorize and the amount of the transaction. Failure to provide accurate and complete information may prohibit the use of the Services or result in errors in your requested payments to Billers. You authorize the Bundled app to send communications to the Biller on your behalf in connection with the Services.
Taxes
It is your (or your Biller’s) responsibility to determine what, if any, taxes apply to the payments you make, and it is your responsibility to collect, report and remit the correct tax to the appropriate tax authority. Bundled is not responsible for determining whether taxes apply to your payment transaction or for collecting, reporting, withholding or remitting any taxes arising from any payment transaction.
Fees
Bundled reserves the right, at our complete discretion, to charge service fees under a subscription model and/or on a per transaction basis. In some instances, third party websites and applications that offer the Services may also charge service fees. The imposition of any per-transaction fees by Bundled will be disclosed to you prior to any payment and will be clearly noted to you.
Bundled Issued Login Credentials
Upon subscription, Bundled provides unique login credentials, comprising a distinct Username (e.g., abc@gbndl.com) and a Temporary Password, for accessing the bundled services. Subscribers are encouraged to change the Temporary Password at the service providers' platforms to enhance security. However, the Username issued by Bundled must remain unchanged. Alteration of the Bundled-issued Username will lead to immediate voidance of applied discounts and contracts, potentially resulting in account cancellation.
Modifications to Your Subscription
Any modifications to the services in your bundle, including upgrades, downgrades, cancellations, or pauses, must exclusively be executed via the Bundled Dashboard on www.gobundled.com or through other Bundled proprietary interfaces. Attempts to directly alter your subscription through individual service providers' platforms will invalidate your Bundled discounts and will trigger account cancellations. You give Bundled the right to cancel your entire bundle if you trigger any modifications to the individual plans within your bundle outside of Bundled's dashboard or interfaces.
Payment Method Updates
Billing for each service within your bundle is directly managed by Bundled. You cannot alter payment information on individual service platforms as this may lead to duplicate charges. To update payment details, please utilize the Bundled Dashboard. This ensures all billing adjustments are centrally managed and accurately reflected in your Bundled subscription.
Bundled Subscription Cancellation
By requesting a Subscription Cancellation, you are authorizing Bundled as an authorized representative to contact your service provider on your behalf in order to cancel your subscription/service with the specified provider. Bundled will provide account verification details including, but not limited to, your full name, service address, account number, payment verification, or security code, in order to validate the account with the service provider in order to proceed with the cancellation.
Bundled’s Intellectual Property Rights
The contents of the Services, including its "look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United States and other applicable copyright, trademark and other laws. The contents of the Services belong or are licensed to Bundled or Bundled Bills or its software or content suppliers. Bundled grants you the right to view and use the Services subject to these terms. You may download or print a copy of information for the Services for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from the Services in whole or in part for any other purpose is expressly prohibited without our prior written consent. You agree not to use, nor permit any third party to use, the Site or the Services or content in a manner that violates any applicable law, regulation or this Agreement.
Access and Interference
You agree that you will not:
Rules for Posting
As part of the Services, Bundled may allow you to post content on bulletin boards, blogs and at various other publicly available locations on the Sites. These forums may be hosted by Bundled or by one of our third-party service providers on Bundled’s behalf. You agree in posting content to follow certain rules.
The Services may include a community forum or other social features to exchange information with other users of the Services and the public. Bundled does not support and is not responsible for the content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Bundled is not responsible.
Social media sites
Bundled may provide experiences on social media platforms such as Facebook®, Twitter® and LinkedIn® that enable onlinesharing and collaboration among users who have registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these socialplatforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations with regard to such content.
Disclaimer of Representations and Warranties
THE SITES, SERVICES, INFORMATION, DATA,FEATURES, AND ALL CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH THE SERVICES OR PROVIDED THROUGH THE SERVICES (WHETHER OR NOT SPONSORED) ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BUNDLED, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS ") MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF THE SITE OR OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
NEITHER BUNDLED OR ITS SUPPLIERS MAKE ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON THE SITES OR OF THESERVICES (WHETHER OR NOT SPONSORED), AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER BUNDLED OR ITS SUPPLIERS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPTOR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 15 AND 18 OF THIS PROVISION MAY NOT APPLY TO YOU.
Not a Financial Planner, Broker or Tax Advisor
NEITHER BUNDLED NOR THE SERVICES ARE INTENDED TO PROVIDE LEGAL, TAX OR FINANCIAL ADVICE. BUNDLED IS NOT A FINANCIAL PLANNER,BROKER OR TAX ADVISOR. The Service is intended only to assist you in your financial organization and decision-making and is broad in scope. Your personal financial situation is unique, and any information and advice obtained through the Service may not be appropriate for your situation. Accordingly, before making any final decisions or implementing any financial strategy, you should consider obtaining additional information and advice from your accountant or other financial advisers who are fully aware of your individual circumstances.
Limitations on Bundled’s Liability
BUNDLED SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT(INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE SITES, YOUR USE OF THE SERVICES, THE SITES OR THIS AGREEMENT, EVEN IF BUNDLED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BUNDLED’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF $500.00 (FIVE HUNDRED UNITED STATES DOLLARS).
Your Indemnification of Bundled
You shall defend, indemnify and hold harmless Bundled and its officers, directors, shareholders, and employees, from and against all claims, suits, proceedings, losses, liabilities, and expenses, whether in tort, contract, or otherwise, that arise out of or relate, including but not limited to attorney's fees, in whole or in part arising out of or attributable to any breach of this Agreement or any activity by you in relation to the Sites or your use of the Services.
Ending your relationship with Bundled
This Agreement will continue to apply until terminated by either you or Bundled as set out below. If you want to terminate your legal agreement with Bundled, you may do so as follows:
To close your account for the Bundled Service,please use the directions below:
Bundled may at any time, terminate its legal agreement with you and access to the Services:
a. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement); b. if Bundled in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); c. for any reason and at any time with or without notice to you; or d. immediately upon notice, to the e-mail address provided by you as part of your Registration Information.
You acknowledge and agree that Bundled may immediately deactivate or delete your account and all related information and files in your account and/or prohibit any further access to all files and the Services by you. Further, you agree that Bundled shall not be liable to you or any third party for any termination of your access to the Services.
Modifications
Bundled reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Sites or Services with or without notice. Bundled reserves the right to change the Services, including applicable fees, in our sole discretion and from time to time. In such event, if you are a paid user to the Bundled Services and BillPay Services, Bundled will provide notice to you. If you do not agree to the changes after receiving a notice of the change to the Services, you may stop using the Services. Your use of the Services, after you are notified of any change(s) will constitute your agreement to such change(s). You agree that Bundled shall not be liable to you or to any third party for any modification,suspensions, or discontinuance of the Services.
Bundled may modify this Agreement from time to time. Any and all changes to this Agreement may be provided to you by electronic means (i.e., via email or by posting the information on the Sites).In addition, the Agreement will always indicate the date it was last revised.You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Services after those changes are posted.
Governing Law and Forum for Disputes
Delaware state law governs this Agreement without regard to its conflicts of laws provisions.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TOTHE SERVICES OR THESE TERMS OF USE WILL BE RESOLVED BY BINDING ARBITRATION,RATHER THAN IN COURT, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act governs the interpretation and enforcement of this provision; the arbitrator shall apply Delaware law to all other matters. Notwithstanding anything to the contrary, any party to the arbitration may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. WE EACH AGREE THAT ANY AND ALL DISPUTES MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.BY ENTERING INTO THIS AGREEMENT AND AGREEING TO ARBITRATION, YOU AGREE THAT YOU AND BUNDLED ARE EACH WAIVING THE RIGHT TO FILE A LAWSUIT AND THE RIGHT TO A TRIAL BY JURY. IN ADDITION, YOU AGREE TO WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION OR LITIGATE ON A CLASS-WIDE BASIS. YOU AGREE THAT YOU HAVE EXPRESSLY AND KNOWINGLY WAIVED THESE RIGHTS.
To begin an arbitration proceeding, send a letter requesting arbitration and describing your claim to Bundled Inc., 300 E56th St, Suite 30J, New York 10022. Arbitration will be conducted by the American Arbitration Association (AAA) before a single AAA arbitrator under the AAA's rules, which are available at www.adr.org or by calling1-800-778-7879. Payment of all filing, administration and arbitrator fees and costs will be governed by the AAA's rules, but if you are unable to pay any of them, we will pay them for you. In addition, we will reimburse all such fees and costs for claims totaling less than $75,000 unless the arbitrator determines the claims are frivolous. Likewise, we will not seek its attorneys’ fees or costs in arbitration unless the arbitrator determines your claims or defenses are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. The decision of the arbitrator shall be final and not appealable, and judgment on the arbitration award may be entered in any court having jurisdiction thereof. This Section 27 shall survive expiration, termination or rescission of this Agreement.
Allegations of Copyright and Trademark Infringements; Notification
Bundled respects the intellectual property rights of others and Bundled asks that users of the Site and Services do the same. If you believe that your intellectual property is being used on the Site in a way that constitutes copyright infringement, please provide our Designated Agent (set forth below) the following information (as required by Section512(c)(3) of the Digital Millennium Copyright Act):
The information specified above must be sent to Bundled’s Designated Agent, whose contact information is as follows:
Bundled, Inc.
300 E 56th St, Suite 30J, NY 10022
Email: hello@gobundled.com
Please note that Section 512(f) of the Digital Millennium Copyright Act may impose liability for damages on any person who knowingly sends meritless notices of infringement. Please do not make false claims.
Any information or correspondence that you provide to Bundled may be shared with third parties, including the person who provided Bundled with the allegedly infringing material.
Upon receipt of a bona fide infringement notification by the Designated Agent, it is Bundled’s policy to remove or disable access to the infringing material, notify the user that it has removed or disabled access to the material, and, for repeat offenders, to terminate such user's access to the service.
If you believe that your content should not have been removed for alleged copyright infringement, you may send Bundled’s Designated Agent a written counter-notice with the following information:
If a counter-notice is received by the Designated Agent, we may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed material or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the user, the removed material may be replaced or access to it restored in 10 to 14 business days or more after receipt of the counter-notice, at our discretion.
Supplemental Terms and Conditions for the Services
These Supplemental Terms and Conditions apply for the, Bundled Services and shall prevail over any conflict or inconsistency with the Agreement above. Capitalized terms not otherwise defined below have the meanings provided in the General Terms above.
Apple Requirements.
If you downloaded any of the Services or product from the Mac App Store, the following terms also apply to you:
A. Acknowledgement: You acknowledge that this Agreement is between you and Bundled only, and not with Apple, and Bundled, not Apple, is solely responsible for the Software and the content thereof.
B. Scope of License: The license granted to you for the Software is a limited, non-transferable license to use the Software on Mac product that you own or control and as permitted by the Usage Rules set forth in the terms of service applicable to the Mac App Store.
C. Maintenance and Support: Bundled and not Apple is solely responsible for providing any maintenance and support services, for which additional fees may apply, with respect to the Services. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Software.
D. Warranty: Bundled is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Software to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Bundled’s sole responsibility.
E. Product Claims: Bundled, not Apple, is responsible for addressing any user or third party claims relating to the Software or the user’s possession and/or use of the Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Software fail to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
F. Intellectual Property Rights: You acknowledge that, in the event of any third-party claim that the Software or your possession and use of the Software infringes that third party’s intellectual property rights, Bundled, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
G. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
H. Developer Contact Info: Direct any questions, complaints or claims to: Bundled Inc., 300 E 56th St, Suite30J, NY 10022 or hello@gobundled.com
I. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using the Software.
J. Third Party Beneficiary: You acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third party beneficiary thereof.
Referral Incentive.
You have the ability to receive a referral fee for users of the Service or Services referred through your use of the Service. In order to be eligible to receive this referral fee, you must share the Service using the features embedded on the Service. If three (3) users successfully create Bundled accounts using your referral, and those users link at least one bank or credit card each (Paypal account or prepaid credit cards not eligible), you will be entitled to receive a referral fee of $15 up to a maximum of $60 for such prior to December 1, 2024. Each person will only receive a maximum of $60 in referral fees.
In order to cash out such referral fees, you must, prior to December 1, 2024, (i) have at least $15 total comprised of such referral fees and (ii) tap the “cash out” button within the App. Bundled may, in its sole discretion, remove any balance of referral fees and/or registration incentive credits that have not been cashed out by December 1, 2024.
If there is a question as to whether a transaction qualifies for a registration incentive credit or referral fee under this Section, Bundled shall determine the matter in good faith. Bundled’s decision will be final and controlling.