Terms of Service / User Agreement

PLEASE READ THIS AGREEMENT CAREFULLY.

This Terms of Service Agreement (“Agreement”) includes the Privacy Policy available at www.bhild.com (“Privacy Policy”), along with all other rules, policies, terms, and conditions referenced herein or linked within, collectively constituting the full terms of your use of Bhild LLC services.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MUTUAL ARBITRATION PROVISION IN SECTION 20. PLEASE REVIEW IT CAREFULLY.

1. Legal Agreement

This Agreement forms a legal contract between you (referred to as “you” or “User”) and Bhild LLC, including our affiliates, employees, subcontractors, parent entities, and subsidiaries (collectively, “Bhild” or “we”). It governs your access to and use of our website (bhild.com) and mobile applications (collectively, the “Bhild Platform”), which facilitates communication between Users for our various services.

2. Acceptance of Terms

By accessing, using, or registering with the Bhild Platform, you expressly agree to be bound by this Agreement. If you disagree with any part of these terms, please discontinue use of the Bhild Platform immediately. Use of the Bhild Platform is conditioned upon your acceptance of all terms within this Agreement. Bhild reserves the right to modify or update this Agreement at any time, with continued use signifying your acceptance of these changes.

3.Eligibility Requirements

To use the Bhild Platform, you represent and warrant that you:

Are at least 18 years old or the legally required age in your jurisdiction;
Have the legal authority and capacity to enter this Agreement;
Will abide by all terms herein.

If you access or use the Bhild Platform on behalf of a company or organization, you confirm that you have the necessary authority to bind that entity to this Agreement.

4. Consent and Terms

By using the Bhild Platform, you consent to the following:

Arbitration: Either party may compel binding arbitration for most types of disputes, and you agree to participate in an informal dispute resolution process before initiating any claim (Section 20).
No Class Actions: You agree that any claims must be resolved individually and cannot be brought on a class basis.
Indemnification: You agree to indemnify and hold Bhild harmless from claims arising from your use, misuse, or inability to use the Bhild Platform, Merchandise, or Services.
Data Use and Privacy: You consent to our data practices as outlined in the Privacy Policy, including any future updates

5. Bhild Platform; Background Checks

A. The Bhild Platform

The Bhild Platform is a technology platform that makes available various services to individuals seeking services (“Requesters”) that Bhild fulfills using subcontracted service providers (“Specialists”). Services completed by Specialists are referred to as “Specialist Services,” which may include the delivery, installation, and/or assembly of furniture and other items obtained through the Bhild Platform or from third parties (“Merchandise”).

B. Background Checks and Licensing

Bhild conducts background checks on each Specialist through third-party services. For Specialists engaged through Home Improvement Referrals and businesses providing services as entities, background checks are limited to the owner or principal of the company. Requesters are advised to exercise caution for personal safety and property protection, as they would when engaging with any unfamiliar individual. Some states may require state-level licensing for projects above specific dollar amounts.

6. Personal Information & User Accounts

A. Collection of Personal Information

Certain materials on the Bhild Platform may require registration to access. To register, you’ll need to provide accurate and up-to-date personal information. Bhild reserves the right to refuse usernames, email addresses, or screen names that are in use, may impersonate another person, infringe on intellectual property, are offensive, or are otherwise unsuitable. If any of your registration information is found to be false, inaccurate, or incomplete, Bhild may suspend or terminate your access. All personally identifiable information will be handled in accordance with our Privacy Policy.

B. Account, Password, and Security

You are solely responsible for your account credentials and for all activities conducted under your username and password. Bhild may access your account to make requested changes, like rescheduling services. If you suspect unauthorized use of your account, contact us at helpdesk@bhild.com. Bhild disclaims responsibility for any activities by unauthorized users and reserves the right to limit or terminate access under specified conditions.

C. Proof of Identity

Bhild may request proof of identity as needed to confirm your registration information.

D. Text Messages and Phone Calls

By using the Bhild Platform, you agree to receive communications from us via fax, text (SMS) messages, calls, push notifications, and other reasonable means at any of your provided contact numbers or addresses, even if they are on a federal, state, or other applicable “Do Not Call” list. These communications are necessary for us to deliver services, manage your account, confirm appointments, and address your service requests. Marketing-related emails may also be sent as part of our business communications. Standard text messaging charges from your carrier will apply.

Your consent to contact includes:

Operational Updates: Notifications on your account or use of the Bhild Platform, updates about features, and industry news.
Service Confirmations: Automated prerecorded calls confirming Specialist Services requests and, where relevant, calls from up to four Specialists who can assist with your request. Both Bhild and the Specialists may use automated dialing systems.

You may opt-out of promotional texts or calls at any time by replying “STOP” to a text message. Note that opting out of all SMS messages may impact your use of the platform.

E. Call Recording and Number Masking

Bhild may record customer service calls (with notice to you) to assist with support and quality assurance. You consent to our use of service providers to mask your number in exchanges with Specialists. During this process, Bhild and its service provider will capture call data, including date, time, phone numbers, and SMS content.

F. False Information

Submitting false information, such as fake names, addresses, or phone numbers, is a serious violation that can lead to significant penalties, including a minimum indemnity of $11,000 per affected party, plus legal fees and costs, or actual damages if higher.

7. Payments, Guarantee, and Claims

A. Payments

Requesters are required to pay in advance (deposit) for any Specialist Services and/or Merchandise obtained through the Bhild Platform (“Payments”). Payments are handled via third-party processors for credit card, ACH transactions, or Checks. By accepting this Agreement, you authorize Bhild (or a third-party processor on Bhild’s behalf) to charge your stored credit card, debit card, or other payment methods for any applicable fees.

B. Job Rate

Specialist Service rates (“Job Rate”) are determined by Bhild based on factors such as location, service type, and workload. Rates may vary between locations or by frequency of service requests. Any rate changes will be communicated in advance to allow you to cancel recurring services if desired.

C. Recurring Services with Automatic Renewal and Recurring Charges

Certain Specialist Services may be requested on a recurring schedule. You agree to pay the initially disclosed amount for each service instance, which will be automatically renewed. To cancel, contact Bhild at least 24 hours before the next scheduled service.

D.Bhild Guarantee

The Bhild Guarantee offers limited additional protection for certain Specialist Services. Bhild may, at its discretion, re-perform the service or provide compensation, subject to specific limits.

8. Links and Plug-Ins to Third-Party Sites

The Bhild Platform may include links to websites or applications owned by third parties (“Third-Party Sites”). These links are provided solely for convenience. Bhild has no control over Third-Party Sites and is not responsible for their content, accuracy, or functionality. Use of Third-Party Sites is governed by their own terms of service and privacy policies.

Disclaimer of Liability: By accessing Third-Party Sites, you acknowledge that you do so at your own risk. Bhild disclaims liability for any damages or losses resulting from your use of Third-Party Sites.

9. Submission Areas

The Bhild Platform may include various interactive spaces, such as blogs, message boards, review sections, job postings, chat rooms, forums, communities, and other areas where Users can communicate with each other and with Bhild (collectively, “Submission Areas”). Some of these Submission Areas are public, and Bhild is not responsible for any information or materials posted in these public spaces. At its discretion, Bhild may choose to make submissions initially posted in private areas visible to the public. Submission Areas are meant for sharing messages and content that are relevant and appropriate to the specific forum, and all content must comply with this Agreement.

“Your Information” refers to any data, content, or materials you provide to Bhild or other Users while registering for or using the platform, including content shared within Submission Areas. You are solely responsible for Your Information, and Bhild functions only as a passive platform for distributing and publishing this content. You represent and warrant that Your Information (a) adheres to this Agreement, including the rules outlined in Section 10 (Rules for Use of the Bhild Platform) and Section 6 (Personal Information; User Accounts), and (b) does not create liability for us or jeopardize our relationships with our Internet Service Providers, customers, or other partners.

By submitting content to the Submission Areas, you grant Bhild a non-exclusive, transferable, worldwide, perpetual, irrevocable, royalty-free, and sublicensable license to use, host, store, reproduce, modify, create derivative works from, publish, publicly perform, display, and distribute Your Information in connection with operating, advertising, marketing, promoting, and enhancing the Bhild Platform. This license includes rights to all images, videos, musical works, text, and any other materials in your submissions. Bhild reserves the right to remove any content from Submission Areas at its discretion.

10. Rules for Using the Bhild Platform

Under this Agreement, you may use the Bhild Platform solely for personal purposes or on behalf of a person, company, or organization you have the legal authority to represent. You may use the platform to request Specialist Services only for locations where you are legally permitted to have these services performed. Any other use, including commercial purposes, requires our express written consent.

As a user, you agree to:

1. Treat Specialists courteously and in compliance with all applicable laws and regulations.

2. Provide a safe, appropriate working environment.

3. Cooperate reasonably to help Specialists perform their services effectively.

4. Follow our complaint and other policies as outlined on the site.

Please note that your chosen Specialist may occasionally be unavailable.

A. Prohibited Actions on the Bhild Platform

You must NOT use the Bhild Platform (including Submission Areas) to:

1. Upload Harmful Files: Avoid uploading files containing viruses, Trojan horses, corrupted files, or any software that may harm another’s device.

2. Upload Infringing Content: Do not post files containing software or other materials that infringe on third-party intellectual property, privacy, or publicity rights.

3. Harass or Threaten: Refrain from defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights (including privacy and publicity) of others, including Bhild staff and other users.

4. Post Dishonest Reviews: Only post genuine, honest, and independent reviews or ratings.

5. Engage in Unlawful Activities: Do not use the platform or any Specialist Services in ways that violate local, state, national, or international laws.

6. Distribute Inappropriate Content: Avoid publishing or distributing profane, defamatory, misleading, fraudulent, threatening, or unlawful content, including counterfeit or stolen items.

7. Solicit for Commercial Purposes: Do not advertise, sell goods or services, solicit employment, or contract work unrelated to Bhild’s offerings. Soliciting users for other purposes is prohibited without written permission.

8. Collect User Data: You may not collect usernames or email addresses of members by any means without our prior written consent.

9. Participate in Spam or Fraud: Do not conduct surveys, contests, pyramid schemes, or chain letters. Spamming is strictly prohibited.

10. Impersonate Others: Do not impersonate another person or allow others to use your account.

11. Duplicate Posts: Avoid posting the same note or message repeatedly.

12. Download Unauthorized Files: Do not download any files that you know, or should reasonably know, cannot be legally shared through the platform, nor upload content without necessary rights or permissions.

13. Restrict Other Users: Do not restrict or inhibit any other user from enjoying the platform.

14. Claim Endorsement: Do not imply or state that Bhild endorses any of your statements without prior written consent.

15. Manipulate the Platform: Avoid reverse-engineering, disassembling, decompiling, translating, modifying, copying, distributing, or interfering with the platform or its networks. Data mining, data crawling, scraping, or indexing the platform is prohibited.

16. Remove Proprietary Notices: Do not remove or alter any copyrights, trademarks, or other proprietary rights on the platform.

17. Upload Offensive or Harmful Content: Avoid posting content that promotes racism, hatred, bigotry, or physical harm, or that exploits individuals, particularly minors, in abusive or inappropriate ways.

18. Re-register After Suspension: Do not register for the platform with different usernames or identities if your account has been suspended or terminated.

19. Duplicate Content: Do not mirror or archive any part of the Bhild Platform or its contents without our written permission.

20. Forge Electronic Headers: Do not forge TCP/IP packet headers or alter transmission data without Bhild’s consent.

21. Resell Services: Do not purchase services on the platform with the intent to resell.

Failure to adhere to these rules may result in the suspension or termination of your access to the Bhild Platform.

11. Proposal and Terms of Service Integration

This Terms of Service is to be read and applied in conjunction with any proposal provided to the client (referred to as “Proposal”). Together, this Terms of Service and the Proposal comprise the full and binding agreement between Bhild LLC and the client. This agreement includes all terms, conditions, policies, and rules governing the work to be performed as outlined in both the Proposal and the Terms of Service.

The Proposal specifies the scope of work, payment schedule, and any specific terms for the services agreed upon. In the event of any unforeseen additional work or extensions not included in the original Proposal, a written authorization from the client will be obtained before proceeding.

Please note, the client’s right to cancel, as outlined in the Proposal, applies, and both the Proposal and this Terms of Service include all terms and conditions necessary to govern the relationship between Bhild LLC and the client. Any alterations or additional services requested by the client after the initial agreement may be subject to an additional charge as outlined in the Proposal.

The client acknowledges that the Proposal and this Terms of Service collectively form the entire agreement, superseding any prior agreements, and that the privacy policy available at www.bhild.com/privacy-policy is also a part of this agreement.

12. Specialist

Bhild provides direct-to-consumer services through our platform, enabling clients to access a range of services delivered by Bhild. For the on-site labor involved in these services, Bhild partners with Independent Contractors, known as Specialists, to perform the work. Although these Specialists are not employees of Bhild, their work is closely managed and overseen by Bhild’s project managers, supervisors, and quality assurance team to ensure high standards of quality and compliance.

13. Special Promotions, Gift Cards, and Vouchers

A. Changes to Promotions

Bhild may occasionally offer special promotions to users. These promotions are provided at our discretion and can be initiated, modified, or discontinued at any time without prior notice.

B. Promotional Coupons

1. Eligible Services: Promotional coupons apply only to specific services designated by Bhild and must be used before their expiration date. Expired or canceled coupons are non-refundable.

2. No Cash Value: Promotional coupons hold no cash value, cannot be redeemed for cash, and serve exclusively as incentives for using the Bhild Platform.

3. Tax Exclusions: Coupons do not cover taxes or fees associated with ineligible services.

4. Single Use: Each coupon can be used only once. Any charges exceeding the coupon value will be billed to your account.

C. Referral Discounts

Referral codes may be shared only with friends and family for genuine referrals. Codes cannot be promoted through online marketing, advertisements, or coupon websites. Referral discounts apply only to Specialist Services, hold no cash value, and misuse may lead to code or account cancellation. For assistance, please contact us at helpdesk@bhild.com.

D. Vouchers

1. Special Offers: Bhild vouchers or promo codes may offer discounts on services and can be applied to partial or full payments.

2. One Per Person: Only one voucher per person is permitted, and it must be used per the specified terms and conditions.

3. Compliance: Follow all terms and conditions when using vouchers.

4. Gift Card Terms: Vouchers are also subject to the Gift Card terms outlined below.

E. Gift Cards

1. Service-Only: Bhild Gift Cards are redeemable exclusively for Specialist Services and hold no cash value unless required by law.

2. Use at Purchase: Present Gift Cards at the time of service purchase, and any remaining balance will be applied.

3. No Expiration: Gift Cards do not expire, and no inactivity or service fees apply.

4. Terms Compliance: Adhere to all terms and conditions when using Gift Cards.

5. Restrictions: Gift Cards cannot be used for previous purchases, credit payments, or to purchase other Gift Cards.

6. Purchase Limits: Purchases are limited to $10,000 in Gift Cards per day, with a maximum load of $2,000 on a single card.

7. Non-Transferable: Gift Cards cannot be sold, transferred, or bartered, but they may be gifted to others.

8. Void Cards: Altered, copied, or sold Gift Cards are void.

9. Final Sale: All Gift Card sales are final and non-refundable.

10. Terms Acceptance: Using a Gift Card constitutes acceptance of these terms, which may be subject to change without notice. For inquiries, contact helpdesk@bhild.com.

11. Unclaimed Balances: If a Gift Card remains unused for an extended period, Bhild may be legally required to transfer the balance to the state. We will make efforts to protect your balance; however, if a transfer is mandated, Bhild will no longer hold liability, and you may need to contact the state to recover the balance.

14. Intellectual Property Rights

The bhild Platform, along with all its information, data, content, and materials (collectively, the “bhild Materials”), belongs to bhild and its affiliates, subsidiaries, and licensors, except for content created by users, which bhild has the right to use as described below. The bhild Materials are protected by copyright, trademark, and other intellectual property laws. Bhild and its affiliates hold all rights, title, and interest in the bhild Materials. You may not use any of the bhild Materials, except as expressly permitted, without permission from bhild or the rightful owner.

The trademarks and service marks, including “bhild.co,” “bhild.com,” and the bhild logo, are owned by bhild. Other trademarks and logos on the platform belong to their respective owners. You may not copy or use any logos, trademarks, or trade names on the bhild Platform without written consent from the owner.

15. Copyright Complaints and Agent Contact Information

Bhild respects others’ intellectual property rights and expects users to do the same. We will respond to valid copyright infringement notices. If you believe that any material on the bhild Platform violates your copyright, you can submit a copyright notice with the following details:

1. Details of the copyrighted work that you believe is being infringed, including registration numbers or a statement of ownership.

2. Your full name, address, phone number, and email.

3. A statement confirming you believe the use of the material is unauthorized.

4. A statement that the information in your notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

5. Your physical or electronic signature.

Contact Information for Copyright Inquiries:

Email: legal@bhild.com

Phone: (352) 309-5627

Mail:

Attn: Copyright Agent

747 SW 2nd Ave. IMB 28, Suite 190, Gainesville, FL 32601

16. App and Mobile Devices

A. Mobile Features

The bhild Platform may let you access services, download our app, upload content, and receive messages on your mobile device (referred to as “Mobile Features”). Be aware that your mobile carrier may restrict or charge for certain Mobile Features. Bhild is not responsible for any fees you incur while using these features. Check with your carrier for details.

B. Terms of Third-Party Providers

Your use of the bhild app may also be subject to the terms of service of the company that provides your mobile device (e.g., Apple iOS or Android).

C. Device Compatibility

Bhild is not responsible if you download the wrong version of the app for your device or if your device is incompatible with the app. Bhild reserves the right to end your app access if you use it on an incompatible or unauthorized device.

D. App Store Terms

For apps downloaded from the Apple App Store:

You may only use the app on Apple-branded devices running iOS and must follow the Apple App Store’s Usage Rules.

1. Apple is not responsible for providing support for the app.

2. Apple is not liable for any claims regarding the app, such as product liability or legal compliance issues. Bhild will address such claims.

3. If the app infringes on another party’s intellectual property, Apple is not responsible for investigating or resolving those claims.

4. Apple and its affiliates are third-party beneficiaries of these terms, meaning they can enforce them against you.

When using the app, ensure you comply with any relevant third-party terms of service.

17. Changes to the bhild Platform

We may review, improve, update, or temporarily or permanently discontinue any part of the bhild Platform or its content at any time, without notice. We won’t be responsible to anyone for any changes or removal of content from the bhild Platform.

18. Confidential Information

“Confidential Information” refers to bhild’s trade secrets, private information, and any data not available to the public or third parties. The secure parts of the bhild Platform, accessible only with a username and password, contain such Confidential Information. You agree that this information is valuable to bhild and that you won’t use or share it unless absolutely necessary to use the bhild Platform as allowed by this Agreement. You must notify bhild of any unauthorized disclosure and take steps to protect Confidential Information from loss, theft, or unauthorized access. All materials containing Confidential Information must be returned to bhild when this Agreement ends

19. Warranty Disclaimer and Limitation of Liability

Your use of the bhild Platform and Specialist Services is entirely at your own risk. The platform is provided “as is,” without any warranties, except as noted for certain services under limited warranty shown here. If no specific warranty is stated here for that specific Specialist Service, then no warranty applies.

Hardscaping refers to the non-living elements of landscaping, such as structures made of stone, brick, concrete, wood, or metal. This includes features like patios, pathways, retaining walls, pavers, and other permanent installations that help define the layout and functionality of outdoor spaces. Sodding refers to the process of installing mature grass, known as sod, onto prepared soil to create an instant, established lawn. This technique provides immediate ground cover and helps prevent soil erosion while enhancing the landscape’s appearance. Planting refers to the act of placing seeds, seedlings, or mature plants into soil or other growing mediums to encourage growth. This process involves careful preparation of the soil and positioning of plants to ensure optimal conditions for rooting, nutrient uptake, and development.

A. Specialist Service Warranties

1. Sodding Warranty

From the date of installation, Bhild provides a 45-day warranty on all installed sod. If the sod fails to root or dies within this period, Bhild will replace the affected areas. Note: This warranty does not cover weed or pest control unless specifically stated, so Bhild is not responsible for weeds in newly planted sod.

a. Warranty Care Requirements

i. Watering: After installation, water the sod thoroughly at least once daily for 60 minutes, using a standard sprinkler, under normal temperature conditions. The ideal times to water are early in the morning and late in the evening to avoid heat stress. However, during hotter months when temperatures reach the 90s, water during the day for newly planted sod to help combat the extreme heat for at least 45 minutes.

ii. Duration: Continue daily watering for 5 to 7 weeks, depending on the season and rainfall. The goal is to keep the soil very moist (almost soggy) for the first 2–3 weeks, then consistently moist afterward.

iii. Mowing: When the grass reaches a height of 5 inches, it’s ready for the first mow, with the cutting height set at 3.5 inches. Do not cut more than one-third of the grass blade in a single mow.

iv. Fertilization and Weed Control: A regular fertilization schedule will help establish a thicker, healthier lawn. Routine weed control is also recommended to minimize competing plants and maintain lawn health.

b. Warranty Exclusions

i. Extreme Conditions: Damage resulting from extreme situations—such as fire, vehicular accidents, significant flooding, poor drainage beyond the project area, severe freezing, or damage caused by animals—is not covered under this or any other Bhild warranty.

ii. Unauthorized Modifications: This warranty is void if any materials originally installed by Bhild specialists are subsequently repaired, adjusted, or altered by anyone other than Bhild specialists or an authorized representative.

These exclusions specify that issues arising from the conditions above are not covered by Bhild’s warranty.

2. Hardscaping Warranty

From the installation date, Bhild provides a 2-year warranty on hardscape installations, covering pavers and walls against settling and separation under normal use conditions for which the installation was designed. For example, if heavy equipment or vehicles drive over a walkway designed for pedestrian use (such as a 30mm paver installation), Bhild is not liable for any resulting damage.

i. Extreme Conditions: This warranty does not cover damage caused by extreme events, such as fire, vehicle accidents, significant flooding, drainage issues outside the project area, severe freezing, or destruction by animals.

ii. Efflorescence: Efflorescence is a natural process in concrete products that sometimes results in a white, powdery film on the surface. This condition does not impact the structural integrity or functionality of the product. While it typically fades over time or can be cleaned, Bhild assumes no liability for this naturally occurring process.

iii. Third-Party Modifications: This warranty is void if materials installed by Bhild are subsequently repaired, adjusted, or modified by anyone other than Bhild specialists or an authorized representative.

These exclusions mean any issues arising from the conditions above are not covered by this or any other Bhild warranty.

3. Planting Installation Warranty

Coverage

From the date of installation, Bhild provides a 45-day guarantee on all planted installations once the plants have successfully taken root. If a plant fails to thrive within this 45-day period due to reasons related to installation, Bhild will replace the plant at no additional cost.

Warranty Requirements

To ensure plants have the best chance of establishing, please follow the care guidelines below:

i. Watering: Water each plant thoroughly immediately after installation. Continue to water daily for the first two weeks, ensuring the soil remains moist but not saturated. Thereafter, adjust watering to every other day, based on the season and weather conditions. Water early in the morning or late in the evening to prevent heat stress.

ii. Soil and Mulch Maintenance: Ensure the soil around each plant remains aerated and free of weeds. Applying a light layer of mulch around the base of the plant (but not touching the stem) will help retain moisture and reduce weed growth.

iii. Fertilization and Pest Control: For optimal health, consider applying a balanced fertilizer after the initial 45-day period if recommended for the plant type. Bhild does not cover pest control unless explicitly included in your service agreement, so regular pest inspections are advised.

Exclusions

This warranty does not cover the following:

i. Extreme environmental conditions, such as drought, flooding, or extreme temperatures, that may negatively affect plant health.

ii. Damage caused by animals, weather events, or human interference (e.g., accidental uprooting or improper care).

iii. Issues caused by lack of proper care, including inadequate watering, insufficient sunlight, or poor soil maintenance.

Transplanted Plants

If Bhild transplants any existing plants on the property, Bhild is not responsible if those plants do not survive. By proceeding with transplantation, the client acknowledges and accepts the risk that existing plants may not survive the move.

Note

If any plants are moved, adjusted, or modified by individuals or entities other than Bhild or its authorized representatives, the warranty will be void.

B. No Liability for Platform Access

The bhild Platform is provided as a courtesy, free of charge. We don’t guarantee that it’s free of viruses or other harmful components, nor do we guarantee that any personal information you supply won’t be misused or lost.

C. Limited Liability

You agree not to hold bhild or its affiliates liable for any damages, losses, or claims related to your use or inability to use the bhild Platform. This includes incidents involving other users or third-party services accessed through the platform. The total liability of bhild or its members will not exceed the amount you’ve paid to bhild over the last six months or the amount covered by bhild’s Guarantee.

D. Release of Liability

If there’s a dispute with another user or third party connected to the bhild Platform, you agree to release bhild and its team from any claims or damages related to the dispute. You waive any rights under California Civil Code Section 1542, which would otherwise protect you from unknown claims.

E. Additional Disclaimer

By using the bhild Platform, you understand that you may encounter content or services that are objectionable, potentially dangerous, or otherwise undesirable. You assume full responsibility for using the bhild Platform and any associated services at your own risk.

20. Mutual Arbitration Agreement

A. Informal Negotiations

To speed up the resolution process and lower costs for any dispute, controversy, or claim (whether past, present, or future) between you and Bhild, including any dispute related to or arising out of this Agreement (“Dispute”), you and Bhild may attempt to resolve the Dispute informally (“Informal Negotiations”) before moving to arbitration or court proceedings. These Informal Negotiations will begin upon written notice. Your address for receiving notices under this section is the email and/or physical address you provided to Bhild. Bhild’s address for such notices is:

Email: helpdesk@bhild.com

Mail:

BHILD LLC

747 SW 2nd Ave. IMB 28,

Suite 248, Gainesville, FL 32601

C. Arbitration

If Informal Negotiations do not resolve the Dispute, you and Bhild agree to resolve all Disputes (except those explicitly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Agreement is governed by the Federal Arbitration Act and involves interstate commerce. Arbitration will be conducted by a single arbitrator under the American Arbitration Association’s Commercial Arbitration Rules (“AAA Rules”) and, if applicable, the AAA’s Supplementary Procedures for Consumer-Related Disputes (“AAA Consumer Rules”), which are available on the AAA website (www.adr.org). Your arbitration fees and share of the arbitrator’s compensation will be determined by the AAA Rules (and, if applicable, the AAA Consumer Rules). If you cannot afford these costs, Bhild will cover all arbitration fees and expenses. Each party is responsible for their own attorney fees unless otherwise specified by applicable law. The arbitrator’s decision will be made in writing. The arbitrator, not any federal, state, or local court or agency, has the sole authority to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, this does not apply to the “Class Action Waiver” described in Section d below.

D. Excluded Disputes

You and Bhild agree that the following types of Disputes are not covered by this Arbitration Agreement:

1. Disputes seeking to enforce or protect intellectual property rights.

2. Individual claims in small claims court.

3. Claims that an applicable federal law explicitly states cannot be arbitrated.

4. Claims for temporary or preliminary injunctive relief if such relief is necessary to prevent the arbitration from becoming ineffective.

E. Waiver of Right to Be a Plaintiff or Class Member in a Class Action

You and Bhild agree to bring any Dispute to arbitration on an individual basis only, not as a class or collective action. No Dispute may be brought, heard, or arbitrated as part of a class or collective action (“Class Action Waiver”). Regardless of any other provision in this Arbitration Agreement or the AAA Rules or AAA Consumer Rules, only a court (not an arbitrator) can decide whether the Class Action Waiver is enforceable.

F. Rules/Standards Governing the Arbitration Process

If you wish to arbitrate a Dispute covered by this Arbitration Agreement, you must initiate the arbitration process before the statute of limitations for the claim expires. The arbitrator will apply the statute of limitations as it would apply in court. The arbitrator may award any remedy legally available to the parties individually, but remedies are limited to those available to an individual, and no rights that would be available to an individual under the law will be waived. The arbitrator does not have the authority to apply different substantive laws. The parties are entitled to conduct sufficient civil discovery, present witnesses, and provide evidence as needed to present their cases. Any dispute regarding discovery or evidence will be decided by the arbitrator. The arbitration will take place in the city or county of your residence unless otherwise agreed upon by both parties. A court of competent jurisdiction can enforce the arbitrator’s decision/award.

G. Severability

If any part of this section titled “Mutual Arbitration Agreement” is found to be illegal or unenforceable, that part will be removed, and the rest of the Section will remain in full force and effect.

21. Governing Law and Jurisdiction

With the exception of the Arbitration Agreement in Section 20, which is governed by the Federal Arbitration Act, and unless otherwise restricted by the laws of the state where you primarily reside, this Agreement is governed by and interpreted according to the laws of the State of Florida, USA, regardless of any conflict of law principles. For any Disputes not covered by arbitration, you agree to the exclusive jurisdiction and venue of the courts located in Broward County, Florida.

22. Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an asset acquirer, or (iii) to any other successor or acquirer. Any assignment made in violation of this section will be considered null and void. This Agreement will be binding upon and benefit any permitted successors and assigns.

23. General Provisions

All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 14-24, shall so survive. No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and bhild with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to bhild.

Bhild email address for such notices is: helpdesk@bhild.com and/or by mail to

BHILD LLC : 747 SW 2nd Ave. IMB 6, Suite 248, Gainesville, FL 32601

The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by bhild, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. Bhild shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond bhild reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, failure of Specialists to perform, flood, fire, explosion, acts of terrorism or accident.

24. Updates to This Agreement

We may update this Agreement at any time. If you disagree with any future changes, you should stop using the bhild Platform. Continuing to use the platform after changes means you accept the new terms.

25. Severability

These Terms are intended to be severable. If any provision is found to be unenforceable or invalid, that provision will still be enforced to the maximum extent allowed by law, and this finding will not impact the validity or enforceability of the remaining provisions.

26. Contact Information

If you have any questions regarding this Agreement, please contact us at helpdesk@bhild.com or by mail the below address:

Bhild address for such notices is: helpdesk@bhild.com and/or by mail to:

BHILD LLC 747 SW 2nd Ave. IMB 6, Suite 248, Gainesville, FL 32601I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THESE TERMS OF USE AND PRIVACY POLICY, AND AGREE THAT MY USE OF THE BHILD PLATFORM IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

Bhild Contact Information:

Phone: 352-309-0595

Email: helpdesk@bhild.com

Mail: BHILD LLC

747 SW 2nd Ave. IMB 6, Suite 248, Gainesville, FL 32601

Last Updated: November 10th 2024