Thank you for using Bandto.

Updated: 12/22/22

Welcome!

We’re glad you’re here. These Terms of Service ("Terms") govern our relationship with you as a user of Bandto’s products and services, including our iOS and Android apps and our website (together, we refer to these as our "Products"). By using our Products, you agree to be bound by these Terms and acknowledge that you have read our Privacy Policy. You also confirm that you have read and agree to our Community Guidelines.

Your license to use Bandto

You may use our Products only if you can form a binding contract with Bandto, and only in compliance with these Terms and all applicable laws. When you sign up for our Products you must provide us with accurate and complete information to allow us to create, verify, and maintain your account. You are not permitted to use our Products if you are under the age of lawful consent under the laws of your country of residence.

Subject to these Terms and our policies (including our Community Guidelines), we grant you a limited, non-exclusive, non-transferable and revocable license to use our Products. If you are using the Products on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).

Some of our Products may consist of software that is downloaded to your computer, phone, tablet, or other device. You agree that we may automatically upgrade those Products, and these Terms will apply to all upgrades.

By opening an account with us and providing your mobile telephone number or email address, you agree that we may communicate with you via text messages or other electronic means to your mobile device, provided that we obtain your consent where we are legally required to do so. In the event you change or deactivate your mobile telephone number or email address, you agree to promptly update your Bandto account information to ensure that your messages are not sent to the wrong person. You can opt out of certain types of communications via your account settings.

Personalization And Privacy

Our Products are personalized for you. We'll use your selected interests and your activity on our apps and website to recommend public and community signals, other users to connect with, as well as other content we think may be interesting to you. You acknowledge that you have read our Privacy Policy which describes how we handle the information you provide to us when you use our Products.

Downloads and Software Updates

When you create your Bandto account, you agree that the information you submit is correct and complete. We may refuse you access to the Service if we learn that the information you provided is inaccurate.

Using Bandto requires that we initially download software to your computer, phone, tablet, or other device. You agree that we may automatically update that software, and that these Terms and our policies will apply to any updates.

Age and legal capacity

You represent that you are at least 13 years of age and possess the legal capacity to enter into the agreement set forth in these Terms. No one under the age of 13 is allowed to use or access Bandto. Nor may you use Bandto if you lack the legal capacity to enter into contracts or it would be prohibited under U.S. law.

If you are a resident of the European Economic Area ('EEA'), you may only use Bandto if you are over the age at which you can provide consent to data processing under the laws of your country or if verifiable parental consent for your use of Bandto has been provided to us.

You own what you post

We refer to the photos, comments, links, descriptions, and other content you post as "User Content." You retain all rights in, and are solely responsible for, the User Content you post to Bandto.

While your content belongs to you, several important limitations apply:

First, User Content does not include your Bandto username. Should you or Bandto terminate your account, you do not retain any rights in the username you used. A new Bandto user may use the username in the future.

Second, you grant Bandto and our users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, save, modify, create derivative works, perform, and distribute your User Content for the purposes of using, accessing, operating, developing and providing Bandto. Nothing in these Terms restricts other legal rights Bandto may have to User Content, for example under other licenses.

Third, we retain the right to remove or modify User Content, or change the way it’s used in Bandto, for any reason. This includes User Content that in our judgment violates these Terms or any other policies.

Fourth, content you share with others on Bandto may continue to exist on Bandto even if you leave Bandto. We may backup, archive and retain your User Content even if you terminate or deactivate your account, or delete or remove specific User Content. Bandto and its users may retain and continue to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute any of your User Content that other users have stored or shared on Bandto.

If you post or visit a link posted on Bandto

We may allow you to post links to third party websites, information, materials, products, or services. Please do not post links in violation of our terms. Bandto does not control nor endorse or assume any responsibility for these links. If you access any third party website, service, or content from Bandto, you do so at your own risk. You accept and agree that Bandto has no liability arising from your use of or access to any third party website, service, or content.

If you provide us feedback

We appreciate user input on ways to make Bandto better. If you make any comments or suggestions to Bandto, you agree that we may act upon your feedback without any restriction or compensation to you.

Bandto doesn’t waive any rights to use similar or related feedback provided Bandto before or after your feedback, or developed by Bandto’s employees, or obtained from sources other than you.

How Bandto and others can use your content

You grant Bandto and its users a perpetual, non-exclusive, royalty-free, transferable, sublicensable (through multiple tiers), worldwide license to use, store, display, reproduce, save, modify, create derivative works, publicly perform, and distribute your User Content  for the purposes of using, operating, developing, providing, promoting, and improving our Products in any media formats or channels. Nothing in these Terms restricts other legal rights Bandto or its users may have to User Content, for example under other licenses, express or implied. We reserve the right to remove or modify User Content for any reason, including User Content that we believe violates these Terms, our Community Guidelines, or other policies.

We call User Content that is made available to anyone using our Products “Public Content.” This includes any content contributed to signals that are available to anyone on Bandto (“Community Signals” and “Public Signals” both referred to as “Signals”). You grant Bandto, its users, and its business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual license to create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, publicly perform, and publicly display your Public Content in any form and in any media. When you create Public Content or join in Signals you also grant Bandto, its users, and our business partners an unrestricted, worldwide, royalty-free, irrevocable, and perpetual right and license to use your name, likeness, and voice, for commercial and non-commercial purposes.

You represent and warrant to us that the User Content you contribute to Bandto is either not subject to copyright or any other proprietary rights or that you have all necessary permissions, clearances, and authorizations to contribute the User Content to Bandto and to grant us all of the rights that you grant to us under these Terms.

We have no obligation to edit or control User Content that is contributed to our Products. While we’re not required to do so, we may access, review, screen, and delete your User Content at any time and for any reason, including to provide and develop our Products or if we think your User Content violates these Terms, our Community Guidelines, or other policies.

Keeping your account secure

While we can not guarantee your account from hacking by an unauthorized party, we employ security measures to keep your account and content secure. You can help us by keeping your SMS authentication code to yourself. Let us know right away of any unauthorized use or compromise to your account.

Conditions of Access and Use

User Conduct

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials (“content”) that you make available to Bandto, including by uploading, posting, publishing, or displaying (hereinafter, “upload(ing)”) via the Service or by emailing or otherwise making available to other users of the Service (collectively, “User Content”). The following are examples of the kinds of content and/or uses that are illegal or prohibited by Bandto. Bandto reserves the right to investigate and take appropriate legal action against anyone who, in Bandto’s sole discretion, violates this provision, including removing the offending content from the Service, suspending or terminating the account of such violators, and reporting the violator to law enforcement authorities. You agree to not use the Service to:

email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable; or (vii) in the sole judgment of Bandto, is objectionable or which restricts or inhibits any other person from using or enjoying the Service, or which may expose Bandto or its users to any harm or liability of any type;

interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;

violate any applicable local, state, national, or international law, or any regulations having the force of law; 

impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

solicit personal information from anyone under the age of 18;

harvest or collect email addresses or other contact information of other users from the Service by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

further or promote any criminal activity or enterprise or provide instructional information about illegal activities

obtain or attempt to access or otherwise obtain any content or information through any means not intentionally made available or provided for through the Service;

circumvent, remove, alter, deactivate, degrade, or thwart any of the content protections in or geographic restrictions on any content (including Service Content (as defined below)) available on or through the Service, including through the use of virtual private networks; or

engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by Bandto from accessing the Service (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address or virtual private network).

Competitors

No employee, independent contractor, agent, or affiliate of any competing social media company is permitted to view, access, or use any portion of the Service without express written permission from Bandto. By viewing, using, or accessing the Service, you represent and warrant that you are not a competitor of Bandto or any of its affiliates, or acting on behalf of a competitor of Bandto in using or accessing the Service.

Fees

To the extent the Service or any portion thereof is made available for any fee, you may be required to select a payment plan and provide information regarding your credit card or other payment instrument. You represent and warrant to Bandto that such information is true and that you are authorized to use the payment instrument. You will promptly update your account information with Bandto or the Payment Processor (as defined below), as applicable, of any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Bandto the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Service. If your payment plan includes an ongoing subscription that is automatically renewed periodically, you hereby authorize Bandto (through the Payment Processor) to bill your payment instrument in advance on such periodic basis in accordance with the terms of the applicable payment plan until you terminate your account, and you further agree to pay any charges so incurred. If you dispute any charges you must let Bandto know within sixty (60) days after the date that Bandto charges you. We reserve the right to change Bandto’s prices. If Bandto does change prices, Bandto will provide notice of the change through the Service user interface, a pop-up notice, email, or through other reasonable means, at Bandto’s option, at least thirty (30) days before the change is to take effect. Your continued use of the Service after the price change becomes effective constitutes your agreement to pay the changed amount. You will be responsible for all taxes associated with the Service, other than taxes based on Bandto’s net income.

Commercial Use

Unless otherwise expressly authorized herein or in the Service, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer, or upload for any commercial purposes, any portion of the Service, use of the Service, or access to the Service. The Service is for your personal use.

Subscriptions

Automatic Renewal and Cancellation

Bandto may offer Users a weekly subscription for an enhanced user experience. If you sign up for a subscription, your subscription will automatically renew until you cancel, and you will automatically be charged the associated fee (plus any applicable taxes) until you cancel. To see your next renewal date and current fee, visit your mobile device’s account settings, or the Subscriptions tab that is available through the Apple App Store.

You must cancel your subscription at least 24 hours before the end of your current billing period to avoid being charged for the next billing period. After cancellation, you will have access to your subscription through the last day of your current billing period, at which point your subscription (and access to your subscription features) will be discontinued.

You may cancel your subscription any time through your Apple App Store. To access the subscription features after discontinuing your paid subscription, you may need to purchase a new subscription, subject to then-current fees, terms, and conditions.

Paying For Your Subscription

Payments for your subscription are processed via Apple (“App Provider”) and you will need to provide your App Provider with your payment information. You are responsible for maintaining accurate and up-to-date payment information. If a payment is unsuccessful, we may suspend your access to the relevant subscription features until you provide a valid payment method. Bandto is not responsible if your subscription fails to renew due to invalid payment information.

Refunds

Refund requests are handled by your App Provider, not Bandto. To request a refund, you should follow your App Provider’s refund procedures. Bandto does not offer refunds for your subscription. If you cancel, we will not issue you a refund or credit for any partial-period access to your subscription. You are not entitled to a refund or credit for any part of a billing period if the Subscription Features are unavailable, defective, experiencing delays, or for any other reason.

Changes to Subscriptions and Features

We reserve the right to change or discontinue your subscription plans, subscription features, terms, or pricing at any time. Bandto is not responsible for any damage or loss caused by failures or delays of your subscription or the subscription features.

SMS messages

Bandto will send you SMS or short message service messages, also commonly known as text messages, for two factor authentication. Please note that message and data rates may apply. 

Help

To obtain help you may:

Email us at: help@bandto.com
Access to the SMS Services

In order to use the Services, you must have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Bandto makes the Services available as well as any carrier services necessary to send text messages, and pay any service fees associated with any such access.

YOUR CARRIER’S TEXT MESSAGING RATES WILL APPLY TO ALL TEXT MESSAGE COMMUNICATIONS MADE IN CONNECTION WITH THE SERVICES. ACCORDINGLY, ALL PRICING, BILLING, REFUND AND OTHER RELATED INQUIRIES AND SUPPORT MUST BE DIRECTED TO YOUR CARRIER'S CUSTOMER SUPPORT TEAM.

Supported Carriers include: AT&T, Verizon Wireless, Sprint, T-Mobile, Alltel, CellularOne, Virgin Mobile, U.S. Cellular, Metro PCS. Wireless Carriers are not liable for lost or delayed messages.

In addition, you must provide all equipment and software necessary to connect to the Services, including, but not limited to, a mobile hand set or other mobile access device that is in working order and suitable for use in connection with the SMS service.
If any upgrade in or to the Services requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Services shall be subject to the terms and conditions of this Agreement.

Bandto reserves the right at any time and from time to time to modify, suspend, limit the use of, discontinue or permanently cancel all or any portion of the SMS Services. Bandto uses reasonable efforts to ensure that the Services are always available. However, there will be occasions when the Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment that are beyond our control. By using the Services, you agree that Bandto will not be liable to you for any modification, suspension or discontinuance of the Services.

When you provide us your phone number

In order to use the Services, you must opt-in by providing us with your phone number (your 'Phone Number') through the Site ('Opt-in'). An invite will then be sent to your Phone Number via SMS message to register for an Account. In addition, if you are not registered for our Services, other Users may send you a SMS message through the App inviting you. 

You can block messages from Bandto and other communications in connection with our Services at any time by texting 'STOP' to the number that texted you and we will send you a reply confirming your request to unsubscribe. After unsubscribing, you will no longer receive messages from us. In the event you unsubscribe and then choose to use the Services and register for an Account, you will need to Opt-in again and we will send you an invite to register via SMS message.

If at any time you forget what keywords are supported, you can text "HELP" to the number that texted you and we will respond with instructions on how to use the Service as well as how to unsubscribe. We are able to deliver SMS messages to the mobile phone carriers listed above.

You understand, acknowledge and agree that (i) text message and data rates may apply for any SMS messages sent to you from us, from you to us or between Users; (ii) you are solely responsible for any fees charged by your wireless provider in connection with SMS messages that you receive or send in connection with the Opt-in and/or the Services; and (iii) you will contact your wireless provider with any questions regarding your text and/or data plan.

Once you receive an invite via SMS message and if you choose to continue use of the Services, you will be required to register for an Account through the App by providing us with certain information such as your name, school, grade level, gender, phone number, contact book and photo. In registering for an account, you agree to: (i) provide true, accurate, current and complete information about yourself; and (ii) maintain and promptly update your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Services.

Concerning Copyrights

​​Our Service is protected by copyrights, trademarks and other proprietary rights, and may not be used for any purpose or in any manner that infringes the rights of any third party.

We encourage you to report any content on Bandto that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing content. If you have a good faith belief that content on Bandto infringes your copyright, trademark, or other intellectual property rights, please read below for how to submit your complaint.

In accordance with the Digital Millennium Copyright Act of 1998 (the 'DMCA'), Bandto has a designated agent for receiving notices of copyright infringement and Bandto follows the notice and take-down procedures of the DMCA.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Bandto's copyright agent the following information required by the DMCA, 17 U.S.C. § 512:

a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the posting user, the URL of the post, and the date it was posted);

information reasonably sufficient to permit us to contact the complaining party;

a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe that any content on Bandto violates your rights other than copyrights, please provide Bandto with at least the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (e.g., the username of the posting user, the URL of the post, and the date it was posted); (c) an explanation of what rights you own/have and why you believe the content infringes your rights sufficient for us to evaluate your complaint; and (d) accurate contact information for you.

Please send your notice of claims of copyright infringement on or regarding Bandto or other complaint regarding alleged violation of rights to Bandto’s copyright agent, who can be reached as follows:

Attn: Copyright Manager
Bandto, Inc

E-mail Address: help@bandto.com

NOTE: This contact information is for inquiries regarding potential copyright and other intellectual-property infringement only. 

It is often difficult to determine if your intellectual property rights have been violated or if the DMCA requirements have been met. We may request additional information before we remove any purportedly infringing material. We have a policy of terminating the accounts of users who (in our reasonable discretion) are repeat infringers.

Termination

We may suspend or terminate your license to access and use Bandto at any time and for any reason. Normally we provide notice and the reason for the termination or suspension. However, our termination or suspension may be immediate and without notice if in our sole judgment you committed a serious violation of these Terms or our policies.

Indemnity

You agree to indemnify, defend and hold harmless Bandto, its parent company Bandto Inc, and its directors, officers, employees and agents, from any and all legal actions, demands, claims, losses, expenses or damages arising out of or in any way related to your access or use of Bandto or our Service (or any other person accessing or using Bandto through your account), your User Content, any breach of these Terms or violation of our policies.

In such circumstances, you agree we are entitled to payment from you for any judgment, our reasonable legal fees and all costs we incur to defend ourselves. Our right to indemnification survives any cancellation, termination or suspension of your Bandto account.

Disclaimer and waiver of claims

We make no representations whatsoever as to the accuracy, usefulness, safety, or intellectual property rights of any information posted on Bandto or the Bandto software. Our Service, software and all content on Bandto is provided "as is" and 'as available' without warranties of any kind, either express or implied.

Your use of Bandto is at your own risk. We specifically disclaim any and all warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and any warranties arising out of course of dealing or usage of trade.

We do not review User Content in advance of its posting. Bandto takes no responsibility and assumes no liability for any User Content that you or any other person or third party posts or sends using our Service. You understand and agree that you may be exposed to User Content that’s inaccurate, offensive, indecent, objectionable, inappropriate for children, or otherwise unsuited to your purpose.

This disclaimer and waiver of claims survives any cancellation, termination or suspension of your Bandto account and termination of this Agreement.

Our liability is limited

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bandto, ITS PARENT COMPANY BANDTO, INC, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW OR IN EQUITY FOR ANY DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES, OR ANY BUSINESS INTERRUPTION, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM THE USE OF INABILITY TO USE OUR SERVICE OR ITS CONTENT; ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF OTHER USERS OR THIRD PARTIES; UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT; OR (III) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT, EVEN IF Bandto HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SERVICE, THE CONTENT OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE. IN THOSE STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY, ANY LIABILITY FOR ALL CLAIMS BROUGHT AGAINST Bandto, ITS PARENT COMPANY BANDTO, AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.

If we cause damage to you and you're a consumer in the EEA, the above doesn’t apply. Instead, Bandto’s liability will be limited to foreseeable damages arising due to a breach of material contractual obligations typical for this type of contract. Bandto isn’t liable for damages that result from a non-material breach of any other applicable duty of care. This limitation of liability won’t apply to any statutory liability that cannot be limited, to liability for death or personal injury caused by our negligence or willful misconduct, or if and to exclude our responsibility for something we have specifically promised to you in writing

This limitation of liability provision survives any cancellation, termination or suspension of your Bandto account and termination of this Agreement.

Arbitration and governing law

If a dispute arises with Bandto, please contact us. We will work to address it with you quickly and informally.

Should an informal resolution of the dispute prove impossible, you agree that any dispute, claim or controversy arising out of or relating to your access or use of Bandto or these Terms, including the determination of the scope or applicability of this provision, shall be determined by final, binding and non-appealable arbitration.

Arbitration is a less expensive, and often quicker, means for parties to resolve their dispute than filing a lawsuit in a court of law. An independent and neutral arbitrator decides the case, not a judge or jury. The arbitration award is final and not subject to review by a cout. Arbitrators, however, can award the same damages and relief that a court can award.

You agree that, by agreeing to these Terms of Service, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision and Agreement, and that you and Bandto are each waiving the right to a trial by jury or to participate in a class action. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement. This arbitration provision shall survive termination of this Agreement and the termination of your Bandto account. Any arbitration will be administered by the American Arbitration Association ("AAA") under the Consumer Arbitration Rules then in effect for the AAA, except as provided herein. You can find their forms at www.adr.org.

Unless you and Bandto agree otherwise, the arbitration will be conducted in the City and County of San Francisco or Alameda County, California. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA Rules, except that Bandto will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules.

Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts, including for matters related to data security, intellectual property or unauthorized access to the Service.

ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND Bandto ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

NOTHING IN THESE TERMS OF SERVICE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
To the extent any claim, dispute or controversy regarding Bandto or our Service isn’t arbitrable under applicable laws or otherwise: you and Bandto both agree that any claim or dispute regarding Bandto will be resolved exclusively in a California court governed by the laws of the State of California, without respect to its conflict of laws principles. If you are not a consumer in the EEA, the exclusive place of jurisdiction for all disputes arising from or in connection with this agreement is San Francisco County, California, or the United States District Court for the Northern District of California and our dispute will be determined under California law.

If you're a consumer in the EEA, this arbitration provision does not apply to you.

We may modify these Terms

We are continually working to improve Bandto. As a result, our Terms may be modified or we may publish new Terms at any time. Any modified and/or new Terms will become effective immediately upon posting. You agree that we may provide you notice of new or modified terms by posting them on the Bandto website and/or within the settings of the Bandto app. By continuing to access and use Bandto, you agree to be bound by the new or modified terms.

General provisions

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bandto without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

If you’re a consumer in the EEA, either you or Bandto may assign this agreement, and any rights and licences granted under it, to a third party. In case of such an assignment by Bandto, you are entitled to terminate the agreement with immediate effect by deactivating your account. Bandto will provide you with reasonable notice of any such assignment.

Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and remaining provisions shall remain in full force and valid. The Terms, together with our Privacy Policy and any additional agreements you may enter into with Bandto.

No waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bandto's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Parties

These Terms are a contract between you and Bandto Inc.

Trademark Notice

The Bandto name and the Bandto logo or icon (“Signal” design) are owned by and used with the permission of Bandto. The unauthorized use of any of these trademarks is strictly prohibited.

These Terms are effective as of December 22, 2022.