Terms & Conditions

Website and Application Terms of Use

Last Updated: February 26, 2025

1.              Scope of Use.  

Wonder Innovations, Inc. (“Wonder Innovations”) provides this mobile application GIVeMEo (the “App”) and website https://givemeo.co/ (the “Site”, and collectively with the App, the “Electronic Platforms”) to you, the user of the Electronic Platforms (“you” or “your”), for your informational, noncommercial use, and subject to the following General Terms of Use (these “Terms”). For the purpose of the following Terms, references to “we”, “us” and “our” include Wonder Innovations and its affiliates, subsidiaries, agents, representatives, successors and assigns. Using the Electronic Platforms to evaluate whether to enter into a business relationship with us will not constitute a commercial use for the purposes hereof. It is a violation of these Terms for you to use the Electronic Platforms in violation of any applicable laws and regulations or in violation of the rules of any of our service providers. Certain other programs or services provided by us through linked websites or other channels may have additional terms and conditions regarding your use of those services, and nothing in these Terms is intended to modify such terms and conditions. Subject to your compliance with these Terms and all applicable international, federal, state and local laws, rules, and regulations, we grant you a limited, revocable, nonexclusive, non-sublicensable, non-transferable, license to use the Electronic Platforms solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may only access and use the Electronic Platforms on devices that you own or control, and you may not use the Electronic Platforms on devices where you do not have all necessary permissions and rights to use the Electronic Platforms. You acknowledge that these Terms are concluded between you and us only, and not Apple Inc. or Google LLC (collectively, the “App Providers”). YOU MAY NOT USE THE ELECTRONIC PLATFORMS IF YOU DO NOT AGREE TO THESE TERMS.

You may view a copy of our privacy policy here https://givemeo.co/privacy-policy/ (“Privacy Policy”, and together with these Terms, the “Agreement”), which explains our practices relating to the collection and use of your information through or in connection with our Electronic Platforms. The Privacy Policy is incorporated into these Terms, and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Electronic Platforms.

THE AGREEMENT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER.   WHERE PERMITTED BY LAW, YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THE AGREEMENT.

2.              Modifications.

We reserve the right to modify the Electronic Platforms and the rules and regulations governing its use at any time, including, without limitation, these Terms. Modifications will be posted on the Electronic Platforms and the “Last Updated” date at the top of this webpage will be revised. You understand and agree that if you use the Electronic Platforms after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms. We may make changes in the services described in the Electronic Platforms at any time without prior notice to you.

3.              Restrictions on Use.  

You will not use the Electronic Platforms for any use other than the business purpose for which it was intended. Except as expressly set forth in these Terms, you will not take any of the following actions with respect to the Electronic Platforms or the server hosting the Electronic Platforms nor will you use our Electronic Platforms to upload, post, email, distribute, transmit, link, solicit or otherwise make available any content or use the Electronic Platforms in any manner that: (i) uploads or transmits any unsolicited advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation, commercial or otherwise; (ii) decompiles, uses reverse engineering, disassembles, derives the source code of or decrypts the Electronic Platforms or server hosting the Electronic Platforms; (iii) manipulates or otherwise displays the Electronic Platforms by using framing, mirroring or similar navigational technology or directly links to any portion of the Electronic Platforms; (iv) uses any robot, spider, scraper or other automatic or manual means to access the Electronic Platforms or copies any content or information on the Electronic Platforms; (v) removes, obscures, or alters any proprietary notices (including any notice of copyright or trademark) of us or our affiliates, partners, suppliers or our licensors; (vi) modifies, adapts, improves, enhances or makes any derivative work from the Electronic Platforms; (vii) disables, overburdens, impairs or otherwise interferes with or interrupts the Electronic Platforms or any hardware, software, system or network connected with the Electronic Platforms; (viii) probes, scans, or tests the vulnerability of or breach the authentication measures of the Electronic Platforms or any related networks or systems; (ix) interferes with any other party’s use and enjoyment of the Electronic Platforms; (x) infringes the copyright, trademark or any proprietary rights or discloses a trade secret or confidential information in violation of a confidentiality or non-disclosure agreement; (xi) compiles, uses, downloads or otherwise copies any user information or any portion thereof, or transmits, provides or otherwise distributes (whether or not for a fee) such information to any third party; (xii) is fraudulent, malicious or unlawful, unauthorized or contains defamatory or illegal information, images, materials or descriptions; (xiii) promotes or provides instructions for illegal activities; (xiv) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (xv) disseminates viruses or other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware; (xvi) attempts to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means; or (xvii) accesses systems, data or information that we do not intend to be made accessible to you. 

If you are under 13 years of age, you are not authorized to use the Electronic Platforms. If you are 13 years of age or between 13 and 18 years of age, you may use the Electronic Platforms, with or without registering, only with the approval of your parent or guardian.

4.              Registration, Access & Security.  

If you use any of our services or provide us any information through the Electronic Platforms, such as your name, birth date, age, bank account information, credit card information, address, zip code, country of residence, phone number, contact details, email address, and/or your password (collectively, your “Account Data”) for any accounts associated with you (your “Account(s)”), you agree to provide true, accurate, current, complete and up-to-date information. If you provide any information that is untrue, inaccurate, non-current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, non-current or incomplete, then we have the right to terminate or refuse any and all current or future access or use of the Electronic Platforms (or any portion thereof). We reserve the right to take any action that we deem necessary to ensure the security of the Electronic Platforms and your Account, including without limitation changing your password, terminating your Account, or requesting additional information to authorize transactions on your Account. You are solely responsible for keeping your Account Data and any security questions and responses associated with your Account confidential. Anyone with knowledge of or access to your Account Data or the security questions and responses associated with your Account can use that information to gain access to your Account. You are solely liable for any claims, damages, losses, costs or other liabilities resulting from or caused by any failure to keep your Account Data and the security questions and responses confidential, whether such failure occurs with or without your knowledge or consent. You must immediately notify us of any suspected or actual unauthorized access to or use of your Account Data or any other breach of your Account security.

You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use the Electronic Platforms, and we reserve the right to change the access configuration of the Electronic Platforms at any time without prior notice. 

We may offer you the ability to register and/or log in to our Electronic Platforms using Facebook, Instagram, Google, Apple or other third-party services.  We do not control, are not responsible for, do not endorse, and fully disclaim any and all liability associated with your use of such third-party services. You represent and warrant that you will comply with all terms and conditions associated with such third-party services, and agree to defend and hold us, our subsidiaries and affiliates harmless from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to any such third-party services. 

5.              No Warranties. 

THE ELECTRONIC PLATFORMS  AND ALL MATERIALS ON THE ELECTRONIC PLATFORMS ARE PROVIDED TO YOU ON AN “AS-IS,” “AS-AVAILABLE” BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF THE ELECTRONIC PLATFORMS OR ANY SERVICES, PRODUCTS, INFORMATION, OPINIONS, AND MATERIALS AVAILABLE THROUGH THE ELECTRONIC PLATFORMS. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION YOU OBTAIN FROM THE ELECTRONIC PLATFORMS BEFORE RELYING ON IT. USE OF THE ELECTRONIC PLATFORMS IS AT YOUR SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE ELECTRONIC PLATFORMS OR THE MATERIALS PROVIDED THROUGH THE ELECTRONIC PLATFORMS WILL BE UNINTERRUPTED, COMPLETELY SECURE, VIRUS-FREE, OR ERROR-FREE. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 12 BELOW, YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE ELECTRONIC PLATFORMS SHALL BE TO DISCONTINUE USING THE ELECTRONIC PLATFORMS. YOU ACKNOWLEDGE THAT, TO MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE APP PROVIDERS PROVIDE NO WARRANTY OR REPRESENTATION REGARDING THE APP. 

6.              Trademarks. 

All trademarks, service marks and logos that are used or displayed on the Electronic Platforms are owned by us or our licensors. You must obtain our written permission prior to using any trademark or service mark of ours. Unauthorized use of any trademarks, service marks or logos used on the Electronic Platforms may be a violation of state, national and international trademark laws. Additionally, our custom icons, graphics, logos and scripting on the Electronic Platforms may be covered by trademark, trade dress, copyright or other proprietary right law, and may not be copied, modified or used, in whole or in part, without our prior written permission.

7.              Fees and Payment.

We may charge you mandatory and optional fees (e.g., fees for access to premium features) to ensure the effective delivery of our Electronic Platforms.

We may use third-party payment processors (“Payment Processors”) to facilitate payments. Payment Processors may charge your credit card or other payment methods linked to your account or otherwise provided during a transaction. We are not responsible for errors, inaccuracies, or omissions in payment details, including credit card information, bank account numbers, or other payment-related data. Payments facilitated through Payment Processors are governed by the terms and conditions of those processors, which you agree to be bound by through the use of Payment Processors on our platform.

8.              User Content. 

You are solely responsible for all videos, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials or content (including the names or user names associated with any of the foregoing) that you upload, post, publish, display, or otherwise make available to us or other users via the Electronic Platforms, including any trademarks contained therein (collectively, the “Content”). You acknowledge and agree that all such Content will comply with these Terms (including, without limitation, Section 3 above), and you may not use any fake phone numbers or e-mail address or impersonate any other person or entity or otherwise mislead as to the origin of the Content.

Unless we indicate otherwise, you grant us an irrevocable, perpetual, fully paid up, royalty-free, enterprise wide, worldwide license to copy, modify, sell, create derivative works from, or otherwise use the Content on any media and in any form for our business purposes. You represent and warrant that all Content you submit to the Electronic Platforms or us is accurate, truthful and non-deceptive and that all Content has evidence to back up the claims made.

Except as otherwise required by law, we may, but have no obligation to, remove, edit, block, review, screen, and/or monitor Content at any time for any reason, including activity which, in our sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive, illegal, or otherwise objectionable; or violates the rights of, or harms or threatens the safety of other users of the Electronic Platforms. 

We may allow users to download or share Content that is shared within private event groups on the Electronic Platforms on social media platforms via links to third-party websites. By using these features, you agree that you have obtained any necessary consent from any identifiable individuals in the Content before downloading or sharing such Content and that we are not responsible for any unauthorized sharing or failure to secure such consent.  For the avoidance of doubt, we shall not be liable for your use of any Content that you download and share.

9.              Copyright Infringement Notification.  

We respect the intellectual property rights of authors. To assist copyright owners, we have appointed an agent to receive notifications of claims of copyright infringement regarding materials available or accessible on, through, or in connection with our Electronic Platforms and services in compliance with Section 512 of Title 17 of the United States Code (“Copyright Act”). Any person authorized to act for a copyright owner may notify us of such claims by contacting our “Designated Agent”: Copyright Manager, Wonder Innovations, Inc., 49 5th Ave #1140, Brooklyn, NY 11217; Phone: (646) 655-8544; help@givemeo.co; and providing all relevant information, including a description of the copyrighted work that you claim has been infringed upon, a description of where such material is located on the Electronic Platforms, a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law, a statement made by you under the penalty of perjury that the information in your notice is accurate and that you are the copyright owner or authorized to act on behalf of the copyright owner, your address, telephone number and email address, a physical signature of the person authorized to act on behalf of the copyright owner, and any other information as may be required by Title 17, Section 512(c)(3) of the Copyright Act. The contact information for the Designated Agent is also available from the Register of Copyrights. The foregoing contact information is for use solely with notice of copyright infringement and you may not receive a response to any other communications, feedback, comments or requests for technical support delivered to the foregoing address or e-mail. 

10.           Violation of Rules and Regulations; Disclosure of Information. 

We reserve the right to seek all remedies available at law and in equity for violations of the rules and regulations set forth in the Electronic Platforms, including, without limitation, these Terms, including the right to block access from a particular Internet address to the Electronic Platforms. We may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Except as may be expressly limited by the Privacy Policy, we reserve the right at all times to: (i) disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process or governmental request; or (ii) edit, refuse to post or to remove any information or materials, in whole or in part, as applicable, in our sole discretion.

11.           Indemnity. 

You agree to indemnify, defend, and hold us and our subsidiaries, affiliates, officers, agents, employees, contractors, partners and licensors harmless from and against any and all suits, actions, losses, claims, proceedings, demands, expenses, damages, settlements, judgments, injuries, liabilities, obligations, risks, and costs, including, without limitation, reasonable attorneys’ fees, due to, relating to, or arising out of: (i) your use of the Electronic Platforms; (ii) your violation of these Terms; (iii) any Content you provide; (iv) your negligence, fraud, or willful misconduct; (v) your Account; and/or (vi) your violation of any law or regulation or any rights of another. We reserve the right, at your expense, to assume the exclusive defense and control of any matter which you are required to indemnify against, and you agree to cooperate in our defense of such matter. This indemnification will survive any termination of these Terms.

12.           Limitation of Liability.  

YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR SPECIAL DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE APP, INCLUDING, WITHOUT LIMITATION, ANY MATERIALS, SERVICES AND/OR PRODUCTS WE HAVE PROVIDED TO YOU ON OR THROUGH THE APP, WHETHER OR NOT YOU HAVE PURCHASED OR PROVIDED ANY CONSIDERATION FOR SUCH, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO: (A) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE APPS; (B) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (C) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY; (D) RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH USE OF THE APP; OR (E) WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE APP, OR RELATED INFORMATION OR PROGRAMS, THAT ARISE IN CONNECTION WITH: (1) MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER; (2) INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE APP; OR (3) VIRUSES.

OUR TOTAL LIABILITY TO YOU FROM ALL CAUSES OF ACTION AND UNDER ALL THEORIES WILL BE LIMITED TO THE AMOUNT YOU HAVE PAID FOR THE USE OF THE APP, IF ANY, AND IF YOU HAVE PAID NO AMOUNT, THEN FIFTY UNITED STATES DOLLARS ($50.00). YOU ALSO ACKNOWLEDGE AND AGREE THAT YOU HAVE VIEWED OR USED THE APP WITH A FULL UNDERSTANDING OF THE LIMITATION OF OUR LIABILITY IN THESE TERMS.

BY ACCESSING THE APP, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow exclusions of liability for certain types of damages. Accordingly, some of the above limitations may not apply to you to the extent prohibited by law. In such cases, our liability will be limited to the fullest extent permitted by applicable law.

13.           Third Party Sites and Apps. 

Some links in the Electronic Platforms may navigate you away from the Electronic Platforms or redirect you to other websites, including websites operated by third parties. The linked third party websites are not under our control, and the content available on the linked third party websites does not necessarily reflect our opinion or imply our recommendation or endorsement of the linked third party website or the opinions expressed therein. We are not responsible for the privacy practices of any other websites. Please be aware that those websites may collect personally identifiable information (“PII”) from or about you as well as non-PII about your visit. You should review the terms of use and privacy policies that are posted on any website that you visit, before using any linked websites. 

We are providing these links to other Internet sites as a convenience to you, and access to any other Internet sites linked to the Electronic Platforms is at your own risk. We are under no obligation to maintain any link on the Electronic Platforms and we may remove a link at any time in our sole discretion for any reason whatsoever. We will not be responsible or liable, directly or indirectly, for any damages or losses caused or alleged to be caused by or in connection with the use of or reliance on such content, products, services or other materials available on or through any such website or for any action you may take as a result of linking to any such website.

14.           No Fiduciary Relationship.  

Except to the extent set forth in a separate agreement between you and us, there is no fiduciary relationship between you and us. These Terms do not create any relationship of principal and agent, partnership, joint venture, or employer and employee, between you and us. You may not enter into any contract on our behalf or bind us in any way.

15.           Right to Monitor.  

We reserve the right to actively monitor the use of the Electronic Platforms and use any information gathered during such monitoring for any permissible purpose under the Privacy Policy. Additionally, we may, at any time as we deem appropriate, remove any materials from the Electronic Platforms that, in our sole discretion, may be illegal, may subject us to liability, may violate these Terms, or are, in our sole discretion, inconsistent with our purpose for the Electronic Platforms.

16.           Electronic Communications and Notice.  

When you visit the Electronic Platforms or send e-mails to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail at the address we have on file for you (if any), by text at the number we have on file for you (if any), sending you messages through the mobile application we provide, or by posting notices on the Electronic Platforms. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms. 

All notices required or permitted under these Terms to us will be in writing and sent by e-mail to help@givemeo.co, and in addition, by certified mail, return receipt requested, or by reputable oversight courier, or by hand delivery, provided that we may provide written notice to you through electronic communications as described in the paragraph immediately above. The notice address for Wonder Innovations is 73 Bond Street, Brooklyn, NY 11217. Any notice sent in the manner sent forth above shall be deemed sufficiently given for all purposes hereunder (i), in the case of e-mail, upon electronic delivery, (ii) in the case of certified mail, on the second business day after deposited in the U.S. mail, and (iii) in the case of overnight courier or hand delivery, upon delivery. We may change our notice address by giving written notice to you by the means specified in this Section.

17.           Use Outside of the United States. 

The Electronic Platforms are operated by us from our offices within the United States of America. We make no representation that the information in the Electronic Platforms is appropriate or available for use in other locations, and access to the Electronic Platforms from territories where the contents of the Electronic Platforms may be illegal is prohibited. Those who choose to access the Electronic Platforms from other locations do so, on their own initiative and are responsible for compliance with applicable local laws. You represent and warrant that: (a) 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 (b) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.           Disputes, Governing Law, and Jurisdiction

The laws of the State of Delaware shall govern the Agreement.  Any legal proceeding or arbitration shall be held in Brooklyn, New York (the “Dispute Resolution Location”).  To the extent arbitration does not apply, you agree that any dispute arising out of or relating to our Electronic Platforms or us, may only be brought by you in a state or federal court located in the Dispute Resolution Location. YOU HEREBY IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE IN THE DISPUTE RESOLUTION LOCATION AND WAIVE ANY OBJECTION TO THIS VENUE AS INCONVENIENT OR INAPPROPRIATE AND INCLUDING THAT SUCH COURT DOES NOT HAVE JURISDICTION OVER YOU. YOU AGREE THAT A FINAL JUDGMENT IN ANY LEGAL PROCEEDING SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT ON THE JUDGMENT OR IN ANY OTHER MANNER PROVIDED BY LAW. IN THE EVENT THAT ARBITRATION IS NOT APPLICABLE, THE PARTIES WAIVE THE RIGHT TO TRIAL BY JURY IN RESPECT OF ANY LEGAL PROCEEDINGS TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

You agree that any claim or dispute arising out of or relating in any way to your use of our Electronic Platforms or any service provided by us, will be resolved solely and exclusively 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 and federal arbitration law apply to the Agreement. YOU UNDERSTAND AND AGREE TO SUBMIT TO ARBITRATION PROCEEDINGS TO SETTLE ANY DISPUTES HEREUNDER, THAT SUCH ARBITRATION WILL BE IN LIEU OF LITIGATION, AND EACH PARTY HEREBY WAIVES THE RIGHT TO SUE IN COURT IN FAVOR OF THE ARBITRATION PROCEEDING EXCEPT AS PERMITTED UNDER THE AGREEMENT.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  An arbitrator, however, may award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of the Agreement as a court would.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to 49 5th Ave #1140, Brooklyn, NY 11217 and help@givemeo.co.

Arbitration under the Agreement will be conducted by the American Arbitration Association (“AAA”) under its rules then in effect.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we both agree that we have each waived any right to a jury trial.

Notwithstanding the foregoing, you agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property or other proprietary rights, including any claims of infringement of any third party patent, copyright, trademark, trade secret, or other proprietary or contractual rights that would violate any applicable law or regulation.

Any dispute or alleged claim you may have with respect to your access or use of the Electronic Platforms must be commenced within one (1) year after the occurrence of the events leading to the dispute or alleged claim.

19.           Severability and Waiver. 

If any provision of these Terms will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. Our failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of these Terms. 

20.           Assignment. 

We may assign these Terms or any part of them without restriction or condition. You may not assign or otherwise transfer these Terms or your rights under these Terms without our prior written consent and any assignment in violation of this prohibition will be null and void. 

21.           Our Remedies. 

You agree that any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree that monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

22.           App Provider Terms.  

The following terms apply to any App accessed through or downloaded from any App Provider.  You acknowledge and agree that:

• These Terms are concluded between you and Wonder Innovations, and not with the App Provider, and that Wonder Innovations (not the App Provider), is solely responsible for the App.
• To the extent you obtain an App from the Apple App Store, any licenses granted hereunder for the use of the App are limited to a license to use the App on any Apple-Platformed Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed and used by other accounts associated with you via family sharing or volume purchasing.
• Unless expressly stated otherwise in writing by the App Provider, the App Provider has no obligation to furnish any maintenance and support services with respect to the App.
• You may notify the App Provider in the event of any failure of the App to conform to any applicable warranty, and the App Provider will refund the purchase price for the App to you (if applicable) and to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App.  To the extent that  Wonder Innovations is not the App Provider, any claims, losses, liabilities, damages, costs or expenses other than the purchase price attributable to any failure to conform to any warranty will be the sole responsibility of Wonder Innovations in accordance with these Terms.
• The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (A) product liability claims; (B) any claim that the App fails to conform to any applicable legal or regulatory requirement; or (C) claims arising under consumer protection or similar legislation.
• In the event of any third party claim that the App or your possession and use of that App infringes that third party’s intellectual property rights, Wonder Innovations, and not App Provider, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
• 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.
• You must also comply with all applicable third party terms of service when using the App.
• The App Provider, and its subsidiaries, are third party beneficiaries of these Terms as related to your license of the App, and that, upon your acceptance of the terms and conditions of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third party beneficiary thereof.
• You further agree to comply with the App Providers’ terms and conditions: (a) Apple Media Services Terms and Conditions (available at: https://www.apple.com/legal/internet-services/itunes/us/terms.html); and (b) Google Play Terms of Service (available at: https://play.google.com/about/play-terms/index.html), which are incorporated herein and made a part of these Terms by this reference.

23.           How to Contact Us.  

If you have any questions regarding the App, these Terms, or any violations, including copyright violations, please contact at us at help@givemeo.co.