Terms of Use

These terms of use are entered into by and between you and Toggle Inc. ("Company", "Unpack", "we", or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms"), govern your access to and use of (i) the website located at https://unpack.com/ and its subdomains and any of the Company's other websites on which a link to these Terms appears ("Website"), (ii) mobile application(s) that we offer subject to these Terms, including Unpack eSIM mobile application (each, an "Application"), and (iii) the products, services, content, and other resources available on or enabled via our Website or any Application, including Unpack eSIM Service (collectively, with our Applications and Website, the "Services").

Please read the Terms carefully before you start to use the Services. By using the Services or by clicking to accept or agree to the Terms when this option is made available to you, you accept and agree to be bound and abide by these Terms and our Privacy Policy, found at https://unpack.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Services.

Unless these Terms or the laws of your country of residence impose a stricter minimum age requirement, you must be at least 13 years old to use the Services. If you reside in the EEA or UK, the minimum age is 16 years old. If you are under 18 years old but meet the applicable minimum age, you may use the Services only with the consent of your parent or legal guardian.

Section 19 (Arbitration) contains provisions that govern how to resolve disputes between you and Company. Among other things, Section 19 (Arbitration) includes an agreement to arbitrate which requires, with limited exceptions, that all disputes between you and us shall be resolved by binding and final arbitration. Section 19 (Arbitration) also contains a class action and jury trial waiver. Please read Section 19 (Arbitration) carefully.

Unless you opt out of the Arbitration (as defined in Section 19) within thirty (30) days in accordance with Section 19.11 (30-Day Right to Opt Out): (1) you will only be permitted to pursue disputes or claims and seek relief against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you waive your right to participate in a class action lawsuit or class-wide arbitration; and (2) you are waiving your right to pursue disputes or claims and seek relief in a court of law and to have a jury trial.

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them on the Website, and apply to all access to and use of the Services thereafter. If we make any material changes and you are registered in the Application, we will also notify you via the Application. Any changes to the dispute resolution provisions set out in Section 18 (Governing Law) and Section 19 (Arbitration) will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.1. Unpack may suspend, restrict, or terminate access to the Services without refund where the user: (a) uses the Services in breach of these Terms or any applicable acceptable use or fair use policy, (b) attempts to resell or share the Services on a commercial basis, or (c) uses the Services in a way that is fraudulent, unlawful, or that may negatively affect network operation or other users.

Unpack may also temporarily suspend or limit the Services, without liability, where necessary for maintenance, to protect the network, to comply with legal or regulatory obligations, or in cases of force majeure, in line with applicable law.

3.2. Without prejudice to any other provision of these Terms, the availability of and access to Unpack eSIM Service shall be as further specified in these Terms, including Section 11 (Access to Unpack eSIM Service).

3.3. We reserve the right to withdraw, suspend, or amend any free or ancillary parts of the Services in our sole discretion, and may do so without prior notice where reasonably necessary for business, operational, security, or legal reasons. We will not be liable if, for any reason, all or any such Services are unavailable at any time or for any period. From time to time, we may restrict user access to some parts of the Services or to the Services as a whole; this is without prejudice to your rights in relation to any Unpack eSIM Service already purchased and duly activated under a Plan in accordance with these Terms.

3.4. To access certain Services or their features, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide to us is correct, current, and complete. You agree that all information you provide to register with the Services or otherwise, including, but not limited to, through the use of any interactive features of the Services, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

3.5. If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or their part using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms, or for security reasons.

The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material of the Services, except as follows:

• Your device(s) may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.


• You may store files that are automatically cached by your Web browser for display enhancement purposes.


• You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication, or distribution.


• With respect to any part of the Applications that we make available for download, you may download the permitted number of copies to your computer(s) or mobile device(s) solely for your own personal, non-commercial use.

You must not:

• Modify copies of any materials from the Services.


• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.


• Access or use for any commercial purposes any part of the Services.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of these Terms, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

The Company name, the term Unpack eSIM, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans related to the Services are the trademarks of their respective owners.

You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any intellectual property laws, laws regarding the export of data or software to and from the US or other countries).


• In any way that violates any applicable sanctions, embargoes, export-control, or similar restrictions, including those administered by the United States, the European Union, the United Nations, or the jurisdiction in which you use the Services.


• In any manner that damages, interferes with, or attempts to circumvent the technical or security measures of any mobile network, roaming partner, or other communications infrastructure used to provide the Services.


• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.


• To transmit, or procure the sending of, any advertising or promotional material with the use of the Services, including any "junk mail," "chain letter," "spam," or any other similar solicitation.


• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).


• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services, or expose them to liability.

Additionally, you agree not to:

• Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services.


• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services.


• Use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.


• Use any device, software, or routine that interferes with the proper working of the Services.


• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.


• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services are stored, or any server, computer, or database connected to the Services.


• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.


• Otherwise attempt to interfere with the proper working of the Services.

You may use the Services only in compliance with all applicable laws and regulations, including, without limitation, the laws of the United States, the European Union, and any other jurisdiction in which the Services are accessed or used. You must not use the Services in any manner that would cause Unpack or its suppliers, partners, or service providers (including mobile network operators and roaming partners) to violate any applicable law, regulation, sanctions regime, or export-control restriction.

You acknowledge that the Services may not be used, directly or indirectly, in or for the benefit of any person, organization, or country that is subject to applicable economic sanctions, embargoes, or similar restrictions, including those administered by the United States, the European Union, the United Nations, or the jurisdiction where the Services are used. Unpack may, without notice, suspend, restrict, or terminate access to the Services where it reasonably believes that the use of the Services may breach such sanctions or export-control laws or may otherwise expose Unpack, its partners, or their roaming partners to regulatory risk.

Without limiting Section 5 (Prohibited Uses), if we or any of our partners reasonably suspect that you are using the Services in a fraudulent, unlawful, or unauthorized way, or in a manner that may damage or interfere with any network or service, we may immediately suspend or restrict your access to the Services, in whole or in part, including suspending or ceasing your Unpack eSIM Service, without liability to you, to the extent permitted by applicable law.

You acknowledge and agree that if the Services are subject to a law enforcement investigation, Unpack and our partners may cooperate with law-enforcement and regulatory authorities in relation to your use of the Services. You further acknowledge that certain records relating to the Services and to communications infrastructure may be stored or made available in the United States and may be produced in response to a lawful U.S. legal process. To the extent required by our partners' obligations to the U.S. Department of Justice or other U.S. authorities, Unpack may not disclose such U.S. records to non-U.S. governments without first complying with applicable U.S. legal requirements.

We do not facilitate or induce any illegal activities while using our Services. However, due to the nature of our Services, there may be cases where we are unable to identify our users' abusive behaviour. Therefore, we mainly rely upon third-party complaints of wrongdoing and on such basis conduct internal investigations in appropriate circumstances.

Please direct any complaints of abuses of these Terms with respect to our Services to us by email at [email protected].

For copyright complaints, please recognize that our Company as a service provider is not social media or other hosting service, an information location tool, or caching services. Therefore, we are unable to act on notifications of claimed infringement designed for other services under subsections (b), (c), and (d) of Section 512 of the U.S. Copyright Act, Articles 5 and 6 of the Digital Services Act ("DSA"), or other analogous provisions of the laws of other countries.

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.

The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

We may update the Services from time to time, but their content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.

All information we collect on the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in accordance with the Privacy Policy.

11.1. Charges. Access to Unpack eSIM Service is provided on a prepaid basis. You must purchase a data plan ("Plan") by paying the applicable fee in advance via the Website, the supported mobile application store, or through any other sales channel made available by Unpack from time to time. The applicable price, included data allowance, and geographic coverage for each Plan will be shown to you at the time of purchase. Payment will be processed by our appointed payment service providers. By submitting a payment, you authorise Unpack and/or its payment processors to charge the selected payment method for the full price of the Plan and any applicable taxes and fees.

11.2. Activation of the Plan. Your Plan will be activated on the date and time when you first successfully connect the eSIM to a mobile network in the respective supported country. Unless otherwise stated at the time of purchase, you must activate the purchased Plan within three hundred sixty-five (365) days from the date of purchase. You are responsible for activating the Plan in accordance with the instructions provided by Unpack. No refund or extension will be granted if you fail to activate the Plan within the specified activation window.

11.3. Validity Period of the Plan. Unless otherwise stated at the time of purchase, your Plan will be valid for thirty (30) days from the date of its activation ("Validity Period"). No refund or extension will be granted if you fail to use the data included in the Plan within the Validity Period. Any unused data will expire at the end of the Validity Period and will not roll over or be carried forward to any subsequent Plan.

11.4. Device. The Plan is provided for use on a single compatible device only and may not be transferred or duplicated to another device. If you delete, reset, or otherwise remove the eSIM from that device, or lose the connected device, Unpack does not guarantee that the same Plan can be restored or moved to a different device, and no refund or replacement will be provided, except where required by applicable law.

11.5. Service Termination. Once either (a) the data included in your Plan has been fully consumed, or (b) the Validity Period has expired (whichever occurs first), your access to Unpack eSIM Service under that Plan will automatically cease. Your eSIM profile itself may remain installed on the device after expiry of the Plan, but it will not provide connectivity unless and until you purchase and activate a new Plan. Unpack will, where technically available, allow you to purchase a new Plan before or after the data included in your Plan is consumed or the Validity Period expires. Any such additional purchase will be treated as a separate Plan and will be subject to the then-current pricing and terms.

11.6. Nature of Charges and Refunds. All Plans are offered on a pre-paid, non-refundable basis, and no refunds, partial refunds, or credits will be provided for any unused portion of the data included in your Plan or unused days in the Validity Period, except where required by applicable law or expressly stated otherwise by Unpack at the time of purchase.

11.7. Price Changes. Unpack may update the pricing of future Plans, fees, and charges from time to time. Any changes will not affect Plans that have already been purchased, but will apply to purchases made after the price change becomes effective.

11.8. Plan prices may include or exclude taxes, fees, and surcharges depending on your billing country and applicable law, and this will be indicated at checkout. You are responsible for any additional taxes or charges imposed by governmental authorities. You may also incur charges from third parties (for example, app store fees, currency conversion fees, or fees charged by your bank or card issuer), which are separate and in addition to the amounts charged by Unpack. Unpack is not responsible for any such third-party charges.

You acknowledge that Unpack eSIM Service is a mobile connectivity service supplied by third-party network operators and roaming partners, and neither Unpack nor such third-party providers warrant that Unpack eSIM Service will meet any particular performance, quality, or coverage expectations. The quality, speed, coverage, and availability of Unpack eSIM Service may vary and may be affected by factors outside Unpack's control, including network congestion, device compatibility, roaming arrangements, regulatory or sanction restrictions, and force majeure events. Occasional interruptions, degraded quality, or failed connections do not, in and of themselves, constitute a breach of these Terms where Unpack has acted in accordance with these Terms.

Unpack eSIM Service may be unavailable in certain countries or regions due to sanctions, network coverage limitations, restrictions imposed by our payment processors, or other risk-related factors. You should always check the latest information on Services availability on our Website or in the Application before purchasing a Plan. You are also responsible for confirming that your device is compatible with eSIM technology and with Unpack eSIM Service before you purchase a Plan. Unpack eSIM Service availability is further limited to the specific countries and roaming partners supported from time to time, as indicated in our coverage information; Unpack does not guarantee that service will be available in any particular country, location, or network at any given time.

In the event of an outage or materially degraded service, Unpack will use commercially reasonable efforts to investigate and, where practicable, restore Unpack eSIM Service to an industry standard level of quality.

The disclaimers, limitations and exclusions in Section 15 (Disclaimer of Warranties) and Section 16 (Limitation of Liability) apply to claims relating to the level, quality or availability of Unpack eSIM Service, save to the extent they cannot be excluded or limited by applicable law.

You understand that we cannot and do not guarantee or warrant that the Services, or any content, files, or materials available through the Services or for download from the internet, will be free of viruses, malicious code, or other destructive or harmful components. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection, cybersecurity, and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, MALICIOUS CODE, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, ANY APPLICATION, UNPACK ESIM SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, OR DUE TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM OR ON ANY WEBSITE OR APPLICATION LINKED TO THEM.

YOUR USE OF THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

WITHOUT LIMITING THE FOREGOING, NEITHER UNPACK NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, AVAILABILITY, COVERAGE, SPEED, OR PERFORMANCE OF THE SERVICES. IN PARTICULAR, NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT: (A) THE SERVICES, INCLUDING UNPACK ESIM SERVICE, WILL BE AVAILABLE AT ANY PARTICULAR TIME OR IN ANY PARTICULAR LOCATION; (B) THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DELAYS, OMISSIONS, LOSS OF DATA, OR NETWORK FAILURES; (C) DEFECTS WILL BE CORRECTED; (D) THE SERVICES, OR THE SERVER OR SYSTEMS THAT MAKE THEM AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (E) THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

YOU ACKNOWLEDGE THAT UNPACK ESIM SERVICE DEPENDS ON THIRD-PARTY MOBILE NETWORK OPERATORS, ROAMING PARTNERS, AND OTHER THIRD-PARTY PROVIDERS, AND THAT THE QUALITY, COVERAGE, AVAILABILITY, AND PERFORMANCE OF UNPACK ESIM SERVICE MAY VARY BASED ON FACTORS OUTSIDE OUR CONTROL. WE DO NOT WARRANT THAT MOBILE CONNECTIVITY WILL BE AVAILABLE, UNINTERRUPTED, OR OF ANY MINIMUM QUALITY, SPEED, OR COVERAGE IN ANY PARTICULAR COUNTRY, REGION, OR LOCATION.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, QUIET ENJOYMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD 100.00) OR (B) THE AMOUNT YOU HAVE PAID TO THE COMPANY IN THE LAST TWELVE (12) MONTHS FOR THE APPLICABLE SERVICE OUT OF WHICH THE LIABILITY AROSE.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY AND ITS SUBSIDIARIES AND AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS (INCLUDING MOBILE NETWORK OPERATORS AND ROAMING PARTNERS), EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, DATA, GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICES (INCLUDING UNPACK ESIM SERVICE), ANY APPLICATION OR THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES, EVEN IF FORESEEABLE.

YOU ACKNOWLEDGE THAT UNPACK ESIM SERVICE DEPENDS ON THIRD-PARTY NETWORKS, FACILITIES, AND SERVICES THAT ARE OUTSIDE THE COMPANY'S CONTROL, AND THAT INTERRUPTIONS, DEGRADATIONS, OR FAILURES OF THOSE THIRD-PARTY NETWORKS, FACILITIES, OR SERVICES MAY AFFECT THE AVAILABILITY OR QUALITY OF UNPACK ESIM SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES CAUSED BY ANY ACT OR OMISSION OF SUCH THIRD PARTIES OR BY ANY NETWORK OR SERVICE OUTAGE, INTERRUPTION, OR DEGRADATION OUTSIDE THE COMPANY'S REASONABLE CONTROL.

THE LIMITATION OF LIABILITY SET OUT ABOVE DOES NOT APPLY TO LIABILITY RESULTING FROM OUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OR TO ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. NOTHING IN THESE TERMS IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services, including, but not limited to, your user contributions, any use of the Services' content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Services.

All matters relating to the Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Please read this section carefully. It is part of your contract with the Company and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

19.1. Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and the Company agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a "Dispute") will be resolved by binding arbitration, rather than in court, except that: (i) you and the Company may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (ii) the Company may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, "Dispute" will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.

19.2. Informal Dispute Resolution. There might be instances when a Dispute arises between you and the Company. If that occurs, the Company is committed to working with you to reach a reasonable resolution. You and the Company agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome ("Informal Dispute Resolution"). You and the Company therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement ("Informal Dispute Resolution Conference"). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.

19.3. The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference ("Notice"), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to the Company that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to [email protected] or regular mail to our offices located at 131 Continental Dr Ste 301 Newark - 19713-4323, United States. The Notice must include: (1) your name, telephone number, mailing address, e-mail address associated with your account (if you have one); (2) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (3) a description of your Dispute.

The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party's receipt of the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party's Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.

19.4. Waiver of Jury Trial. YOU AND THE COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and the Company are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

19.5. Waiver of Class and Other Non-Individualized Relief. YOU AND THE COMPANY AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 19.10 (Batch Arbitration), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Subject to this Arbitration Agreement, the arbitrator 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 the party's individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 19.10 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of California. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or Company from participating in a class-wide settlement of claims.

19.6. Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and Company agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association ("AAA"), in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/2025_Consumer_Arbitration_Rules.pdf.

A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the "Request"). The Request must include: (1) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account ID (if applicable) as well as the email address associated with any applicable account (if applicable); (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (4) a statement certifying completion of the Informal Dispute Resolution process as described above; and (5) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration.

If the party requesting arbitration is represented by counsel, the Request shall also include counsel's name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel's knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (1) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.

Unless you and the Company otherwise agree, or the Batch Arbitration process discussed in Section 19.10 (Batch Arbitration) is triggered, the arbitration will be conducted in the county where you reside. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Your responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.

You and the Company agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties' attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.

19.7. Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 19.10 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.

19.8. Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (1) all Disputes arising out of or relating to Section 19.5 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 19.5 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 19.5 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (2) except as expressly contemplated in Section 19.10 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (3) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (4) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 19.10 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.

19.9. Attorneys' Fees and Costs. The parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose. If you or the Company need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys' fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys' fees and costs.

19.10. Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and the Company agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against the Company by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (1) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (2) appoint one arbitrator for each batch; and (3) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award ("Batch Arbitration").

All parties agree that Requests are of a "substantially similar nature" if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process ("Administrative Arbitrator"). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator's fees shall be paid by the Company.

You and the Company agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (1) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (2) the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.

19.11. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: Toggle Inc. 131 Continental Dr Ste 301 Newark - 19713-4323, United States, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

19.12. Invalidity, Expiration. Except as provided in Section 19.5 (Waiver of Class and Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with the Company as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitations for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.

19.13. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if the Company makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change becoming effective by writing to the Company at Toggle Inc. 131 Continental Dr Ste 301 Newark - 19713-4323, United States, your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Services, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. The Company will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms, Privacy Policy, and any other document incorporated herein by reference constitute the sole and entire agreement between you and Unpack regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

The Services are operated by Toggle Inc.

Any feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: [email protected] or via https://unpack.com/.