3.1. As a creator, you must register with Wishbox and create an account to use the Services (an “Account”) and as part of that process you will be requested to provide certain information, including without limitation your name, full address, phone number and email address. By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Wishbox for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you. Wishbox has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Wishbox immediately.

3.2. The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.

3.3. If Wishbox determines that an Account username impersonates someone else without their express permission or infringes someone’s intellectual property, then Wishbox may terminate or suspend such Account in accordance with Section 8 and/or require an updated username.

3.4. As a Fan, you may be required to provide certain information, including without limitation your name, full address, phone number, email address and credit card information. By using the Services, you agree to provide true, accurate, current and complete information as required to complete the purchase.

3.5. By providing your mobile phone number and using the Services, you hereby affirmatively consent to Wishbox’s use of your mobile phone number for calls and recurring texts (including with an autodialer and/or prerecorded voice) in order to (i) perform and improve upon the Services, (ii) facilitate the carrying out of the Services, and (iii) provide you with information and reminders regarding your registration, changes and updates, service outages or alterations. Wishbox will not assess any charges for calls or texts, but standard message, data or other charges from your wireless carrier may apply. You may opt out of receiving texts messages from us by modifying your Account settings on the Site, texting “STOP” in response to any texts, or by emailing hello@mywishbox.io and specifying you want to opt-out of texts. You may opt-out of receiving calls from us by stating that you no longer wish to receive calls during any call with us, or by emailing hello@mywishbox.io and specifying you want to opt-out of calls. You understand that we may send you a text confirming any opt-out by you.

3.6. By providing your email address, you consent to receive electronic communications from us, including notices about your Account, such as password changes and information related to Gifts, and from third-party vendors fulfilling a Gift purchase from a Fan.

4.1. Payments and any other expenses must be made through the third-party payment service provider (the“PSP” ) as indicated on the Services (which may include but is not limited to Stripe, Inc. and its affiliates). You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Wishbox is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Wishbox has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement.

4.2. With respect to Gifts purchased by Fans, all prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other govern mental sales, goods and services or other taxes, fees or charges now in force or enacted in the future. Any applicable taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency.

4.3 Fans are responsible for all taxes, service fees (including payment processing fees), and third- party internet access charges in connection with the use of the Site.

4.4. With respect to any income taxes applicable to the receipt of Gifts, each Creator shall have sole responsibility and liability for all reporting and payment of such income taxes. As a Wishbox user, you warrant (which means you make a legally enforceable promise) that you will at all times comply with all laws and regulations relating to Taxes applicable to your use of the Services. If, at any point while you have a Wishbox account, any Tax non-compliance occurs in relation to you (including a failure by you to report earnings or the imposition on you of any penalty or interest relating to Tax) or if any litigation, inquiry or investigation is commenced against you that is in connection with, or that may lead to, any occurrence of Tax non-compliance, you agree that you will notify us by email to hello@mywishbox.io within seven days of the occurrence of the non-compliance or the commencement of the litigation, inquiry or investigation (as applicable). Wishbox is not responsible for advising you on your Taxes and will not be liable for any non-payment of Taxes by Wishbox users.

4.5. We collect tax identification information and report this to tax authorities as legally required.

4.6. As a recipient of a Gift, each Creator shall have sole responsibility for any customs, import duties or other related charges, which vary from country to country for international delivery. You are solely responsible for any such additional charges. In addition, it is your responsibility to check with your local customs office to verify whether the country to which you are having a Gift shipped permits the shipment of such Gift to you.

4.7 If applicable, each Creator may opt to allow more than one Fan to contribute to the purchase of a Gift (the “Crowdfunded Gift”). In order to participate in the purchase of a Crowdfunded Gift, a Fan must contribute at least $5.00 to the purchase price (unless the remaining unpaid portion of the Crowdfunded Gift’s purchase price is less than $5.00 and greater than $0.50). When the Crowdfunded Gift’s total purchase price is not met by contributions from Fans, Creator may, as applicable, (i) wait until additional Fans contribute the remaining unpaid portion of the Crowdfunded Gift’s purchase price, or (ii) pay the remaining unpaid portion of the Crowdfunded Gift’s purchase price through the PSP

4.8 If you are a Creator, you may receive cash directly from Fans. Creators receive 80% of all cash- only Gifts. Wishbox keeps the other 20%. Also, the cash value of a Gift may be sent to you instead of the Gift when any of the following occurs: (i) you are located in a jurisdiction unsupported by the Services; (ii) a Gift purchased by a Fan is not processed by Wishbox within six weeks of purchase; (iii) contributions for a Crowdfunded Gift exceed the purchase price or (iv) a Gift order is cancelled or refunded by the partner store. A cash payout will be processed within seven business days after your request; provided that such payout may take up to 180 days if the Account is subject to investigation for fraudulent activity. To protect Creators, we may block Fans’ cash payments if we believe them to be fraudulent.

5.1. “User Generated Content” is defined as any content, information, and materials that may be textual, audio or visual that you provide, submit, upload, publish or make otherwise available to the Services and our users by Creators. For clarification, “User Generated Content” includes but is not limited to a Creator’s wishlist. You are solely responsible for User Generated Content, and we act merely as a passive conduit for your online distribution and publication of your User Generated Content. All User Generated Content is subject to our prior review and approval and cannot be deleted or materially modified without our prior written consent. You acknowledge and agree that Wishbox:

5.2. You hereby represent and warrant to Wishbox that your User Generated Content (i) will not be false, inaccurate, incomplete or misleading; (ii) will not infringe on any third party’s copyright, pa tent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy; (iii) will not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy); (iv) will not be defamatory, libelous, unlawfully threatening or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not be violent or excessively gory; (vii) will not contain hate speech, intimidation or abuse of any kind targeting any individual, group or institution; (viii) will not be purposefully designed to harm in any way including financial harm with tactics such as chargebacks, fraudulent disputes or fraudulent activity; (ix) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (x) will not represent you being employed or directly engaged by or affiliated with Wishbox or purport you to act as a representative or agent of Wishbox; (xi) will not create liability for Wishbox or cause Wishbox to lose (in whole or in part) the services of its ISPs or other suppliers; (xii) will not contain anything prohibited by the PSP (for the avoidance of doubt the PSP’s acceptable use and prohibited activities can be found at https://stripe.com/legal/restricted-busi nesses) and (xiii) any other activity that Wishbox may deem in its sole discretion to be unacceptable.

5.3. By making available any User Generated Content through the Services, you hereby grant to Wishbox a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, (i) to use, copy, host, modify, adapt, prepare derivative works of, distribute, store, perform, translate, and display your User Generated Content and any name, username, messages, voice, or likeness provided in connection with your User Generated Content in all media formats and channels now known or later developed anywhere in the world, and (ii) to use User Content for any business purpose in connection with operating, providing, and improving Wishbox or any other Wishbox product or service. This license remains in effect even if you stop using Wishbox.

6.1. You represent and warrant that: (i) you are 18 years of age or older, and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.

6.2. You further represent and warrant that (i) you have read, understand and agree to be bound by these Terms of Service and the Privacy Policy in order to access and use the Services, (ii) you will act professionally and responsibly in your interactions with other users and (iii) when using or accessing the Services, you will act in accordance with any applicable local, state, or federal law or custom and in good faith.

6.3. You agree not to engage in any of the following prohibited activities, among others: (i) copying, distributing or disclosing any part of the Services in any medium other than as allowed by the Services and these Terms of Service; (ii) using any automated system (other than any functionalities of the Services), including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services; (iii) transmitting spam, chain letters or other unsolicited email or attempting to phish, pharm, pretext, spider, crawl or scrape; (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Services; (v) violating any international, federal, provincial or state regulations, rules, laws or local ordinances; (vi) conducting any unlawful purposes or soliciting others to perform or participate in any unlawful acts; (vii) uploading invalid data, vi ruses, worms or other software agents through the Services; (viii) infringing upon or violate our intellectual property rights or the intellectual property rights of others; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) harassing, insulting, harming, abusing, defaming, harassing, stalking, threatening, intimidating or otherwise violating the legal rights (such as of privacy and publicity) of any other users or visitors of the Services or staff member of Wishbox; (xi) interfering with or any activity that threatens the performance, security or proper functioning of the Services; (xii) uploading or transmitting viruses or any other type of malicious code; (xiii) attempting to decipher, decompile, disassemble or reverse engineer any of the software or algorithms used to provide the Services; (xiv) bypassing the security features or measures we may use to prevent or restrict access to the Services, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Services or the content therein; (xv) attempting to access unauthorized Accounts or to collect or track the personal information of others; (xvi) using the Services for any purpose or in any manner that infringes the rights of any third party or (xvii) encouraging or enabling any other individual to do any of the foregoing.

6.4. You hereby warrant and represent that, other than as fully and promptly disclosed to Wishbox as set forth below, you do not have any motivation, status or interest which Wishbox may reason ably wish to know about in connection with the Services, including without limitation, if you are using or will or intend to use the Services for any journalistic, investigative or unlawful purpose. You hereby war rant and represent that you will promptly disclose to Wishbox in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Services.

7.1. All Gifts are subject to the terms and conditions of the applicable vendor. Vendor, and not Wishbox, is solely responsible for the condition of Gifts. All images of Gifts are for illustrative purposes only, and Gifts may vary from the pictures. Gift availability is subject to change without notice, and availability is not guaranteed. Although Wishbox uses its best efforts to ensure that the availability, colors and details of the Gift are as described in the Services, Wishbox does not guarantee that it will match in every instance.

7.2. If you are a Creator who receives a Gift from your wish list:

7.3. Wish lists may not include any of the following items (“Prohibited Items”):

7.4. If you are a Fan who purchases from a Creator’s wish list:

8.1.Unless otherwise agreed to in writing between you and Wishbox, either party may terminate these Terms of Service for any or no cause, at any time. As a Creator, you may cancel and delete your Account at any time by either using the features on the Services to do so (if applicable and available) or by written notice to hello@mywishbox.io. After cancellation, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely.

8.2.We reserve the right to refuse the Services to anyone for any reason at any time. Wishbox may terminate or limit your right to use the Services in the event that we are investigating or believe that you have breached any provision of this Agreement, by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice. If Wishbox terminates or limits your right to use the Services pursuant to this section, you are prohibited from registering and creating a new Account under your name, a fake or borrowed name or the name of any third party, even if you may be acting on behalf of the third party.

8.3.Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you. Wishbox reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 15 of these Terms of Service.

8.4. Wishbox reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Wishbox is not liable to you for any modification or discontinuance of all or any portion of the Services. Wishbox has the right to restrict anyone from completing registration as a user if Wishbox believes such person may threaten the safety and integrity of the Services, or if, in Wishbox’s discretion, such restriction is necessary to address any other reasonable business concern.

8.5.Following the termination or cancellation of your Account:

9.1. The Services may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Wishbox or association with those websites, their content or their opera tors. Such links (including without limitation external websites that are framed by the Services as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Wishbox does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Wishbox is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third- party websites. Further, you acknowledge and agree that Wishbox has no obligation to monitor, re view, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Services at its sole discretion.

9.2. The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Wishbox expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with links that may appear on the Services. You hereby agree to hold Wishbox harmless from any liability that may result from the use of links that may appear on the Services.

9.3. As part of the functionality of the Services, as a Creator you may link your Account with online accounts you may have with third-party service providers, such as Google (each such account, a “Third- Party Account”) by either: (i) providing your Third-Party Account login information through the Services; or (ii) allowing Wishbox to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Wishbox and/or grant Wishbox access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Ac count and without obligating Wishbox to pay any fees or making Wishbox subject to any usage limitations imposed by such third-party service providers. By granting Wishbox access to any Third-Party Accounts, you understand that (1) Wishbox may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “SNS Content” ) so that it is available on and through the Services via your Account, including without limitation any friend lists, and (2) Wishbox may submit and receive additional information to your Third-Party Account to the extent you are notified of this when you link your Account with the Third-Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Generated Content. Depending on the Third-Party Accounts you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your Account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or Wishbox’s access to such Third-Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Account on the Services and your Third- Party Accounts at any time, asset forth below. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD- PARTY PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREE MENT(S) WITH SUCH THIRD PARTY PROVIDERS. Wishbox makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and Wishbox is not responsible for any SNS Content.

10.1. All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively “Proprietary Material” ) that users see or read through the Services is owned by Wishbox, excluding User Generated Content, which users hereby grant Wishbox a license to use. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Wishbox owns all Proprietary Material, as well as the coordination, selection, arrangement and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copy right, patents and other proprietary rights. You may not copy, download, use, redesign, reconfigure or retransmit anything from the Services without Wishbox’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content.

10.2. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Wishbox and, if applicable, the holder of the rights to the User Generated Content.

10.3. The service marks and trademarks of Wishbox, including without limitation Wishbox and Wishbox logos, are service marks owned by Wishbox. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.

10.4. Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Services, including without limitation about how to improve our services or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Wishbox under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your sub mission, Wishbox does not waive any rights to use similar or related Feedback previously known to Wishbox, developed by its employees, or obtained from sources other than you. You acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.

11.1. Wishbox respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property right, please send the following information to hello@mywishbox.io:

12.1. You acknowledge that Confidential Information (as defined below) is a valuable, special and unique asset of Wishbox and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the Services in accordance with these Terms of Service. If relevant, you may disclose the Confidential Information to your authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. You shall promptly notify Wishbox in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Wishbox upon termination of this Agreement for any reason whatsoever.

12.2. The term “Confidential Information” shall mean any and all of Wishbox’s trade secrets, confidential and proprietary information, and all other information and data of Wishbox that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, re search, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Wishbox or Wishbox’s business, operations or properties, including information about Wishbox’s staff, users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

13.1. THE SERVICES IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDI TIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WISHBOX MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CON TENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NA TURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL.

13.2. UNDER NO CIRCUMSTANCES WILL WISHBOX AND AFFILIATES OR THEIR CORPORATE PART NERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY WISHBOX OR THE COST OF SUBSTI TUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

13.3. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT WISHBOX AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

15.1. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE BOTH PARTIES TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

15.2 Mandatory Pre-Arbitration Notice. For any dispute you have with Wishbox, you agree to first contact us and make a good faith attempt to resolve the dispute with us informally. Therefore, if you intend to initiate arbitration, you must first send us a written Notice of Dispute (“Notice”). A Notice from you to us must be emailed to hello@mywishbox.io (the “Notice Address”). Any Notice must include (i) the claimant’s name, address, and email address; (ii) a description of the nature and basis of the claim or dispute; (iii) if you are submitting the Notice, any relevant facts regarding your use of the services, including whether you have created an Account; (iv) a description of the nature and basis of the specific relief sought, including the damages sought, if any; and (v) a personally signed statement from the claimant (and not their counsel) verifying the accuracy of the contents of the Notice. The Notice must be individualized, meaning it can concern only your dispute and no other person’s dispute. After receipt of a completed Notice, the Parties shall engage in a good faith effort to resolve the dispute for a period of 60 days. If the Parties cannot reach an agreement to resolve the issues identified in the Notice within 60 days after the completed Notice is received, a Party may commence an arbitration proceeding. Compliance with this “Mandatory Pre-Arbitration Notice” section is a condition precedent to initiating arbitration

15.3 Arbitration Process. Unless resolved by mutual efforts of both Parties, any disputes or claims that may arise out of or in connection with this Agreement and for which either Party shall seek equitable relief, all differences, disputes or claims arising in connection with this Agreement or any transaction or occurrence contemplated hereby shall be finally settled under the Commercial Rules of the American Arbitration Association (“AAA”) in New York county, New York by one or more arbitrators appointed in accordance with such rules, except that no punitive damages may be awarded. The Parties together understand and agree that the decision in such arbitration shall be final and binding on both Parties, that the prevailing Party shall be entitled to recover its costs and reasonable attorney’s fees, and that a judgment upon any award rendered may be entered in any court having jurisdiction.

15.4 CLASS ACTION AND JURY TRIAL WAIVER. YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BY ENTERING INTO THIS AGREEMENT, EACH PARTY IS WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION LAWSUIT. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY IN ARBITRATION, 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. THIS MEANS THAT YOU MAY NOT PARTICIPATE IN ANY CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE PROCEEDING BROUGHT BY ANY THIRD PARTY. NOTWITHSTANDING THE FOREGOING, YOU MAY PARTICIPATE IN A CLASS-WIDE SETTLEMENT.