Terms and Conditions

The CLOUNIC mobile device application (“Mobile App”), provided by Berry Glam Technologies Inc., a Delaware Corporation (“CLOUNIC”). is a two-sided platform that connects individuals (such as yourself) seeking to obtain beauty-related services (“Beauty Services”) with independent contractors (“Technicians”) seeking to perform those Beauty Services. For convenience, the CLOUNIC Platform and Beauty Services may be collectively referred to herein as the “Services.” Please read these Terms of Service (“Terms”) carefully because they govern your use of CLOUNIC’s two-sided platform, and the Beauty Services provided; the “Services.” YOU ACKNOWLEDGE AND AGREE THAT THE BEAUTY SERVICES ARE PERFORMED BY TECHNICIANS WHO ARE INDEPENDENT CONTRACTORS OF CLOUNIC. CLOUNIC DOES NOT PERFORM THE BEAUTY SERVICES ITSELF AND DOES NOT SUPERVISE OR MONITOR THE PERFORMANCE OF THE BEAUTY SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE CLOUNIC IS NOT RESPONSIBLE OR LIABLE FOR THE BEAUTY SERVICES OR THE ACTIONS OF TECHNICIANS USING CLOUNIC’s PLATFORM. IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS, YOU AGREE (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND THE CLOUNIC THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 18, “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION. 1. Agreement to Terms. By using the Services, you agree to be bound by these Terms. If you disagree to be bound by these Terms, do not use the Services, or download the Mobile App. 2. Privacy Policy. Please review our policy which also rules your use of the Services, for information on how we collect, use, and share your information. 3. Changes to these Terms or the Services. We may update the terms from time to time at our sole discretion. We’ll let you know by posting the updated terms on the Mobil App or through other communications if we do. You must review the Terms whenever we update them, or you use the Services. If you continue to use the Services after we have posted updated Terms, it means that you accept and agree to the changes. If you disagree to be bound by the changes, you may not use the Services anymore. Because the Services are evolving, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion. 4. Who May Use the Services? (a) You may use the Services only if you are 18 years or older, capable of forming a binding contract with CLOUNIC, and not otherwise barred from using the Services under applicable law. If you are under the age of majority in your state of residence (a minor), your parent or legal guardian must agree to these Terms on your behalf, and you may only access and use the Services with permission from your parent or legal guardian. (b) If you sign up for an account with us, you represent and warrant that you are 18 years or older and capable of forming a binding contract with CLOUNIC. If you are using the Services on behalf of a legal entity (such as your employer), you agree that you have the authority to bind that legal entity to these Terms. In that case, “you” and “your” as used herein refer to that legal entity. 5. Account. (a) To access and use certain parts of the Services, you’ll need to create an account (“Account”). You can set up your account through the “Mobile App,” and you may permit us to complete or populate all or part of your account based on your accounts with various third-party service providers such as Facebook. You are responsible for (i) ensuring that all your Account information is accurate, complete, and up to date at all times, and (ii) all activity under your account. (b) In CLOUNIC’s sole discretion, customers may be subject to a vetting process before they can register for an Account or otherwise use the Services, including but not limited to verification of identity and address and a criminal background check using third-party service providers as appropriate. You hereby give consent to CLOUNIC to conduct background checks in compliance with federal and state laws. (c) You will be asked to provide your credit card when setting up an account, and CLOUNIC may validate your credit card before activating your account or allowing you to use the Services; otherwise, you will be asked to link your Amazon account to allow the use of the services. 6. Feedback. We welcome feedback, comments, ideas, proposals, and suggestions for improvements to the Services (“Feedback”). If you choose to submit feedback, you agree that we can use it without restrictions or compensation. One way that you may submit feedback is by emailing us at feedback@clounic.com 7. Payment, Cancellations, and Changes to Appointments. CLOUNIC requires payment of a fee for the use of the Services (or certain portions thereof), and you agree to pay such fees. (a) The Beauty Services are provided by Technicians for a fee as displayed on the Mobile App (for example, at the time of scheduling). To the extent permissible by law, all fees and surcharges are final, non-refundable, and payable immediately when due. We have no obligation to provide refunds or credits, but we may grant them at CLOUNIC’s sole discretion in each case. To the extent that fees and surcharges are refundable, subject to applicable law, you must ask for a refund within 24 hours of your payment to us, or you agree to waive any rights you may have to receive a refund from us. (b) We rely on third-party payment service providers such as Amazon Pay (each a “PSP”) to collect payment of fees. You must agree with the PSP’s terms to set up an account with the PSP or otherwise use the PSP to pay for the Beauty Services; if you don’t, you may not use the Services. (c) Your credit card will automatically be charged the fee for the Beauty Services you received or scheduled upon completion of your appointment. In addition, a tip in the amount of 15% will be automatically charged to your credit card unless you select an alternate tip amount or opt not to leave a gratuity. After your appointment, CLOUNIC may contact you to receive feedback regarding your satisfaction with the Services. (d) You expressly authorize us (or our third-party payment processor, such as a PSP) to charge you for such fees and tips (each charge, a “Transaction”). We may ask you to supply additional information relevant to your Transaction, including your credit card number, expiration date, and email and postal addresses for billing and notification (such information, “Payment Information”). You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties to complete your transaction and charge your payment method for the type of Transaction you have selected (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information). By initiating a Transaction, you agree to the pricing, payment, and billing policies applicable to such fees and charges, as posted or otherwise communicated to you. All prices and applicable taxes, if any, are payable in United States dollars. (e) CLOUNIC does not provide refunds for appointments canceled or missed by you for any reason. We may provide credits to your account depending on the timing of your cancellation: (i) if you cancel your appointment, for whatever reason, more than twenty-fourth (24) hours in advance of your originally scheduled appointment time, then your appointment will be canceled, and we will credit your account for the total amount you paid to CLOUNIC for this appointment minus any surcharges and fees imposed under these Terms; (ii) if you cancel your appointment within one and twenty fourth (1-24) hours before your originally scheduled appointment time, then your appointment will be canceled, and CLOUNIC will credit your account for the amount that you paid to CLOUNIC for this appointment minus a $25 fee and minus any surcharges and fees imposed according to these Terms; or (iii) if you cancel your appointment within an hour before your originally scheduled appointment time, then your appointment will be canceled, and we will not provide any credit to your account. Under no circumstances will we provide a refund to you for any payments you made for appointments that you cancel or miss. (f) If you need to modify your appointment for any reason, we’ll do our best to accommodate your change. Still, we cannot guarantee that a Beauty technician will be available to provide the requested services. Suppose you change your appointment location within one hour of your scheduled appointment time and the new place is more than three miles away from the initially scheduled location. In that case, we reserve the right to charge you a 25% surcharge on the amount of the planned Beauty Services. We may also charge you a 25% surcharge if you change your appointment time by more than 30 minutes within 24 hours of your scheduled appointment. (g) If our technician cancels your appointment and it cannot be rescheduled with another Beauty Technician, we will credit your account for the amount you have paid for your scheduled appointment. 8. Rights and Terms for Mobile App. (a) Rights in Mobile App Granted by CLOUNIC. If you comply with these Terms, CLOUNIC grants to you a limited, non-exclusive, non-transferable license, with no right to sublicense, to download and install the Mobile App on your mobile phone, tablets, wearable devices, and/or other devices and to run the Mobile App solely for your non-commercial purposes. Except as expressly permitted in these Terms, you may not: (i) copy, modify or create derivative works based on the Mobile App; (ii) distribute, transfer, sublicense, lease, lend or rent the Mobile App to any third party; (iii) reverse engineer, decompile or disassemble the Mobile App (unless applicable law permits, despite this limitation); or (iv) make the functionality of the Mobile App available to multiple users through any means. (b) Additional Information: Apple App Store. This Section 8(b) applies to any Mobile Apps you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services concerning the Mobile App. In the event of any failure of the Mobile App to conform to any applicable warranty, you may notify Apple, and Apple will refund the Mobile App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever concerning the Mobile App. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and use of it, including, but not limited to: (i) product liability claims; (ii) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement, and discharge of any third-party claim that your possession and use of the Mobile App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo, or the U.S. Government has designated that 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 any applicable third-party terms of service when using the Mobile App. 9. General Prohibitions and CLOUNIC’s Enforcement Rights. You agree not to do any of the following: (a) Post, upload, publish, submit or transmit any User Content that: (i) infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity, or (vii) promotes illegal or harmful activities or substances; (b) Use, display, mirror, or frame the CLOUNIC App or any individual element within the CLOUNIC Platform, CLOUNIC’s name, any CLOUNIC trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without CLOUNIC’s express written consent; (c) Access, tamper with, or use non-public areas of the CLOUNIC Platform, CLOUNIC’s computer systems, Mobile Apps or the technical delivery systems of CLOUNIC’s providers; (d) Attempt to probe, scan or test the vulnerability of any CLOUNIC system or network or breach any security or authentication measures; (e) Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by CLOUNIC or any of CLOUNIC’s providers or any other third party (including another user) to protect the CLOUNIC Platform or Content; (f) Attempt to access or search the CLOUNIC Platform or Content or download content from the CLOUNIC website using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by CLOUNIC or other generally available third-party web browsers; (g) Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation; (h) Use any meta tags or other hidden text or metadata utilizing a CLOUNIC trademark, logo URL, or product name without CLOUNIC’s express written consent; (i) Use the CLOUNIC Platform or Content, or any portion thereof, for any commercial purpose for the benefit of any third party or in any manner not permitted by these Terms. (j) Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the CLOUNIC Platform or Content to send altered, deceptive, or false source-identifying information; (k) Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the CLOUNIC Platform or Content; (l) Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the CLOUNIC platform; (m) Collect or store any personally identifiable information from the CLOUNIC platform from other users of the Services without their express permission; (n) Impersonate or misrepresent your affiliation with any person or entity; (o) Violate any applicable law or regulation; or (p) Encourage or enable any other individual to do any of the previous. Although we’re not obligated to monitor access to or use of the CLOUNIC Platform or Content or to review or edit any content, we have the right to do so to operate the CLOUNIC platform, to ensure compliance with these Terms and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. 10. DMCA/Copyright Policy. CLOUNIC respects copyright law and expects its users to do the same. It is CLOUNIC’s policy to terminate in appropriate circumstances Account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. 11. Links to Third-Party Websites or Resources. The CLOUNIC’s mobile apps may allow you to access third-party websites or other resources. We provide access only for convenience and are not responsible for the content, products, or services available from those resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from the use of any third-party resources. 12. Termination. We may suspend or terminate your access to and use of the Services, including suspending access to or terminating your account, at our sole discretion, at any time and without notice to you. You may cancel your account at any time by sending us an email at admin@clounic.com. Upon any termination, discontinuation or cancellation of the Services or your account, the following Sections will survive: 7(c), 7(d), 7(e), 8(b), 8(c), 8(e), 10, 13, 14, 15, 16, 17, 18, and 19. 13. Warranty Disclaimers. (a) THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE PREVIOUS, WE EXPLICITLY DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the Services. (b) YOU AGREE AND ACKNOWLEDGE THAT THE BEAUTY SERVICES ARE PROVIDED BY THIRD-PARTY INDEPENDENT CONTRACTORS (TECHNICIANS), AND YOU ACCEPT THE BEAUTY SERVICES AT YOUR OWN RISK, INCLUDING RISK OF PERSONAL INJURY TO YOU OR DAMAGE OF YOUR PERSONAL PROPERTY. CLOUNIC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR YOUR SAFETY, YOUR PERSONAL PROPERTY, ASSESSING THE ABILITY OR SUITABILITY OF INDEPENDENT CONTRACTORS (TECHNICIANS) WHO PROVIDE THE BEAUTY SERVICES, THE QUALITY OF THE BEAUTY SERVICES, OR THE ACTS OR OMISSIONS OF THE INDEPENDENT CONTRACTORS (TECHNICIANS). YOU EXPRESSLY WAIVE AND RELEASE CLOUNIC FROM ANY AND ALL LIABILITY, CLAIMS (UNDER ANY LEGAL THEORY), OR DAMAGES IN CONNECTION THEREWITH. CLOUNIC ASSUMES NO RESPONSIBILITY OR LIABILITY FOR DISPUTES BETWEEN YOU AND ANY INDEPENDENT CONTRACTOR TECHNICIAN. 14. Indemnity. You will indemnify and hold CLOUNIC and its officers, directors, employees, and agents harmless from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (a) your access to or use of the Services, (b) your User Content or (c) your violation of these Terms. 15. Limitation of Liability. (a) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER CLOUNIC NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT CLOUNIC OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. (b) TO THE MAXIMUM EXTENT PERMITTED BY THE LAW OF THE APPLICABLE JURISDICTION, IN NO EVENT WILL CLOUNIC’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE GREATER OF (I) THE AMOUNTS YOU HAVE PAID FOR THE BEAUTY SERVICES IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY OR (II) ONE HUNDRED DOLLARS ($100). (c) THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN CLOUNIC AND YOU. 16. Governing Law and Forum Choice. These Terms and any action related to it will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware, without regard to its conflict of law’s provisions. Except as otherwise expressly set forth in Section 18 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and CLOUNIC are not required to arbitrate will be the state and federal courts located in the State of Delaware, and you and CLOUNIC each waive any objection to jurisdiction and venue in such courts. 17. Dispute Resolution. If you have a dispute with us regarding the Services, please contact us at admin@clounic.com, and we will try to resolve your dispute to the best of our ability. Suppose we are unable to successfully resolve your issues within a reasonable amount of time. In that case, the terms of Section 18 will apply, but only if you are an individual who is using the Services and Content for your personal use and are not representing a legal entity. (a)Mandatory Arbitration of Disputes. We each agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof or the use of the Services or Content, as applicable (collectively, “Disputes”), will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and CLOUNIC agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms and that you and CLOUNIC are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of these Terms. (b)Exceptions. As limited exceptions to Section 18(a) above: (i) we both may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights. (c)Starting arbitration. If you want to begin arbitrating a Dispute, you must send a letter to us at 2914 Taylor Street, Dallas, Texas 75226 requesting arbitration and describing the dispute. If we want to begin arbitrating a Dispute, we’ll send such a letter to you at the email address or street address that you provided. (d)Conducting Arbitration and Arbitration Rules. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by these Terms. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and notify the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to this arbitration agreement’s interpretation, applicability, enforceability, and scope. (e)Arbitration Costs. The AAA Rules will govern payment of all filing, administration, and arbitrator fees. We’ll pay for all filing, administration, and arbitrator fees and expenses if your dispute is for less than $10,000 unless the arbitrator finds your dispute frivolous. If we prevail in arbitration, we’ll pay all our attorneys’ fees and costs and won’t seek to recover them from you. If you succeed in arbitration, you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law. (f)Injunctive and Declaratory Relief. Except as provided in Section 18(b) above, the arbitrator shall determine all issues of liability on the merits of any claim asserted by either party and may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. To the extent that you or we prevail on a claim and seek public injunctive relief (that is, injunctive relief that has the primary purpose and effect of prohibiting unlawful acts that threaten future injury to the public), the entitlement to and extent of such relief must be litigated in a civil court of competent jurisdiction and not in arbitration. The parties agree that litigation of any issues of public injunctive relief shall stay pending the outcome of the merits of any individual claims in arbitration. (g)Class Action Waiver. YOU AND CLOUNIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, if the parties’ dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Dispute Resolution section shall be null and void. (h)Severability. Except for any of the provisions in Section 18(g) of these Terms (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of these Terms is invalid or unenforceable, the other parts of these Terms will still apply. 18. General Terms. (a)Reservation of Rights. CLOUNIC and its licensors exclusively own all rights, title, and interest in and to the Services, including all associated intellectual property rights. You acknowledge that the Services are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. (b)Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between CLOUNIC and you regarding the Services and Content. These Terms supersede and replace all prior oral or written understandings or agreements between CLOUNIC and you regarding the Services and Content. Suppose any provision of these Terms is held invalid or unenforceable by an arbitrator or a court of competent jurisdiction. In that case, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. You may not assign or transfer these Terms, by operation of law or otherwise, without CLOUNIC’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. CLOUNIC may freely assign or transfer these Terms without restriction. Subject to the previous, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. (c)Notices. Any notices or other communications provided by CLOUNIC under these Terms will be given: (i) via email; or (ii) by posting to the CLOUNIC platform. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. (d)Waiver of Rights. CLOUNIC’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of CLOUNIC. Except as expressly outlined in these Terms, the exercise by either party of any of its remedies will be without prejudice to its other remedies under these Terms or otherwise. 19. Contact Information. If you have any questions about these Terms or the Services, please contact CLOUNIC at admin@clounic.com or 102 Ss. Tejon Street, Ste. 1100, Colorado Springs, Colorado 80903