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Terms of Service

Terms of Service

Last Updated: September 9th, 2022

Welcome to the Indie Technologies, Inc. (“Found”) website located at https://found.com (the “Site”). Please read these Terms of Service (the “Terms”) and our Privacy Policy (“Privacy Policy”) carefully because they govern your use of our Site and our financial management and certain banking services designed for self-employed professionals accessible via our Site and our mobile device application (“App”). To make these Terms easier to read, the Site, our services and App are collectively called the “Services.” Found partners with Piermont Bank, Member FDIC, to enable us to offer banking services and products.

IMPORTANT NOTICE REGARDING ARBITRATION: WHEN YOU AGREE TO THESE TERMS YOU ARE AGREEING (WITH LIMITED EXCEPTION) TO RESOLVE ANY DISPUTE BETWEEN YOU AND FOUND THROUGH BINDING, INDIVIDUAL ARBITRATION RATHER THAN IN COURT. PLEASE REVIEW CAREFULLY SECTION 19 “DISPUTE RESOLUTION” BELOW FOR DETAILS REGARDING ARBITRATION.

  1. Agreement to Terms. By using our Services, you agree to be bound by these Terms. If you don’t agree to be bound by these Terms, do not use the Services. If you are accessing and using the Services on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms. In that case, “you” and “your” will refer to that company or other legal entity.

  2. Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose information from our users. You acknowledge and agree that your use of the Services is subject to our Privacy Policy.

  3. Changes to Terms or Services. We may update the Terms at any time, at our sole discretion. If we do so, we’ll let you know either by posting the updated Terms on the Site or through other communications. It’s important that you 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, you are agreeing to be bound by the updated Terms. If you don’t agree to be bound by the updated Terms, then you may not use the Services anymore. Because our Services are evolving over time 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?

    1. Eligibility. You must be permitted to open a bank account to use our Services. You may use the Services only if you can form a binding contract with Found. You agree to use the Services in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Services by anyone under 13 is strictly prohibited. The Services are not available to any persons previously removed from the Services by Found.

    2. Prohibited Businesses. Found does not allow Account creation for businesses engaging in restricted and prohibited activities. A full list of prohibited businesses can be found at https://found.com/help/using-found/prohibited-businesses

    3. Registration and Your Information. If you want to use certain features of the Services you’ll have to create an account (“Account”). To create an Account, you will be asked to provide information requested by us or our partners. Any information you provide will be collected and used in accordance with our Privacy Policy.

    4. Accuracy of Account Information. It’s important that you provide us with accurate, complete and up-to-date information for your Account and you agree to update such information to keep it accurate, complete and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.

    5. Account Username and Password Security. You are the only person authorized to use your Account username and password and for maintaining the confidentiality of your Account username and password. You shall not permit or allow other persons to have access to or use your Account username and password. You are responsible for the use of the Services under your Account username. You are responsible for protecting the information on your computer such as by installing anti-virus software, updating your software, password protecting your files, and not permitting third party physical or electronic access to your computer or bank account.

  5. No Professional Advice. Unless expressly stated in writing in a separate agreement between Found and you, Found does not provide legal, financial, accounting or other professional services or advice. The Services in no way constitute and are not a replacement for personal professional tax or business advice tailored to your specific needs. We are not a tax preparation service and will not file your taxes on your behalf. We are not responsible for determining your tax liability or the amounts that you need to withhold or save to cover such liability.

  6. Services. Subject to the terms and conditions of these Terms, Found hereby grants you a non-exclusive, limited, non-transferable, freely revocable license to access and use the Services in accordance with these Terms for your business purposes. Found reserves all rights in the Services that are not expressly granted herein, including all associated intellectual property rights.

    1. Use Restriction. You may not use the Services to prepare or manage finances, expenses, or taxes for a third party on a professional or commercial basis (i.e., for a fee).

    2. Provide Accurate Information. You agree to provide true, accurate, current and complete information about yourself and your accounts maintained at other websites, including financial institutions. You will not misrepresent your identity or your account information, and agree to keep your account information up to date.

    3. Bank Logins Tools Disclosure. When you use the automated bank account feed services (“Account Aggregation Services”), you authorize Found and its service providers to use information that you provide (including usernames and passwords) to access third-party sites designated by you, on your behalf, to retrieve information requested by you, and to register for accounts. For purposes of this Agreement and solely to provide the Account Aggregation Services to you, you grant Found and its services providers a limited power of attorney, and you hereby appoint Found and its service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and resubstitution, for you and in your name, to access third-party internet sites, servers or documents, retrieve information, and use your information exclusively for the purposes of delivering Services to you. You understand that Found and its service providers may access your third-party accounts any time and obtain access to the information in such third-party accounts at any time while you have an account with Found.

    4. Recurring Transfers. You may be able to make recurring transfers or payments from your Account. If you initiate a recurring payment feature, you authorize Found and its banking partner to make recurring transfers at the frequency you selected and to the destination you identified. Found does not verify your requested payment destination. You will not receive prior notification of recurring payments before it occurs. Once you set up recurring transfers from your Account, you accept responsibility for all recurring transfers processed prior to cancellation of such transfers by you in accordance with this Agreement. Details about how to manage recurring payments and cancellation can be found at https://found.com/help/using-found/how-to-send-payments-with-found

    5. Your Record-keeping Responsibilities. You acknowledge and agree that you understand state and federal recordkeeping requirements, including those of the Internal Revenue Service (“IRS”) and you agree to comply with those requirements and that as between you and Found, Found has no responsibility in this regard.

    6. Service Level and Response Times. When we receive your notice that there has been a problem with the Services, a Found representative will acknowledge the report by issuing a confirmation to you, either by phone or email. Found typically responds to these reports within one (1) business day.

    7. Limitation of Liability. YOU HAVE THE FINAL RESPONSIBILITY FOR THE ACCURACY OF INFORMATION SUBMITTED TO US OR MAINTAINED THROUGH OUR SERVICES. WE DO NOT AUDIT OR OTHERWISE VERIFY THE INFORMATION THAT IS IN YOUR ACCOUNT OR ACCOUNT RELATED DOCUMENTS SUBMITTED TO THIRD PARTIES, INCLUDING TO TAX AUTHORITIES. IF SUCH DOCUMENTS CONTAIN ERRORS, THERE MAY BE AN ASSESSMENT OF ADDITIONAL TAX PLUS INTEREST AND PENALTIES.WE ASSUME NO LIABILITY FOR ANY ADDITIONAL TAX, PENALTIES OR OTHER ASSESSMENTS. YOU ACKNOWLEDGE THAT ANY UNDERSTATED TAX, AND ANY PENALTY, INTEREST OR OTHER RELATED FEE OR COST IMPOSED BY ANY TAX AUTHORITY ARE YOUR RESPONSIBILITY, AND THAT WE HAVE NO RESPONSIBILITY IN THAT REGARD. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY LOSS DUE TO ANY FINANCIAL OR PERSONAL DECISION YOU TAKE RELATED TO YOUR USE OF OUR SERVICES, ANY LOSS DUE TO INACCURATE INFORMATION THAT WE RECEIVE FROM YOU OR ANY THIRD PARTY RELATED TO YOUR USE OF OUR SERVICES, ANY DELAY IN FILING YOUR TAX RETURNS, AND ANY LOSS DUE TO YOUR INABILITY TO ACCESS OR USE THE SERVICES, YOUR ACCOUNT USERNAME OR PASSWORD, OR ANY LOSS DUE TO AN UNAUTHORIZED USE OF YOUR ACCOUNT.

  7. Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You can submit Feedback by emailing us at help@found.com, or by submitting or posting a review of our product and service offerings to a third party platform (such as the AppStore® or Google Play store). You grant to us a non-exclusive, transferable, worldwide, perpetual, irrevocable, fully-paid, royalty-free license, with the right to sublicense, under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit the Feedback for any purpose.

  8. Account Fees.

    1. Account Fees. We require payment of a fee for use of the Services (or certain portions thereof) and you agree to pay such fees. We reserve the right to change how we charge for access or use of the services from time to time. Any such change will be communicated to you in writing prior to implementation. You agree to pay in advance any applicable fees as posted on the Services, plus any applicable taxes and other fees that may accrue in relation to your use of the Services. All fees are nonrefundable and non-transferable unless otherwise provided in these Terms.

    2. Payment Terms. When you make a payment for use of any paid Services, you expressly authorize us (or our third-party payment processor) to charge you for such fees. We may ask you to supply additional information relevant to the paid Services, including your credit card number, the expiration date of your credit card and your 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. You authorize us to provide your Payment Information to third parties as necessary to complete your purchase and to charge your payment method (plus any applicable taxes and other charges). You may need to provide additional information to verify your identity before completing your purchase (such information is included within the definition of Payment Information).

  9. Contractor Onboarding Services.

    1. General. We provide tools to assist our users to collect and maintain tax related information from independent contractors (“Contractors”) that may provide, or have provided, services to them (the “Contractor Onboarding Services”). Through these Contractor Onboarding Services, users can request tax related information, such as W-9 information, and payment preferences from their Contractors to help manage and more efficiently pay their Contractors.

    2. Contractor Use: If you are a Contractor, your use of our Services is subject to these Terms, and any information you share through the Services will be held and used in accordance with our Privacy Policy. When you use and participate in the Contractor Onboarding Services by providing Found any information requested by a Found user, you expressly authorize us to share your tax related information with the Found user that requested such information from you.

  10. Your Content. In connection with your use of the Services, you may make available to us certain information, data, passwords, usernames, PINs, other log-in information, images, logos, materials and/or other content that you upload, transmit, post, generate, store, or otherwise make available through the Services. Anything (other than Feedback) that you post or otherwise make available through the Services is referred to as your “Content”. Found does not claim any ownership rights in your Content and nothing in these Terms will be deemed to restrict any rights that you may have to your Content. By making your Content available through the Services you hereby grant to Found a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, copy, modify, distribute, and publicly display your Content solely in connection with operating and providing the Services. You are solely responsible for all your Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your Content under these Terms. You represent and warrant that neither your Content, nor your use and provision of your Content to be made available through the Services, nor any use of your Content by Found on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You can remove your Content by specifically deleting it. You should know that in certain instances, your Content may not be completely removed and copies of your Content may continue to exist on the Services. To the maximum extent permitted by law, we are not responsible or liable for the removal or deletion of (or the failure to remove or delete) your Content.

  11. Rights and Terms for Apps.

    1. Rights in App Granted by Found. Subject to your compliance with these Terms, Found grants to you a limited non-exclusive, non-transferable license, with no right to sublicense, to download and install a copy of the App on a mobile device or computer that you own or control and to run such copy of the App in accordance with this Agreement solely for your business purposes. You may not copy the App, except for making a reasonable number of copies for backup or archival purposes. Except as expressly permitted in these Terms, you may not: (a) copy, modify or create derivative works based on the App; (b) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (c) reverse engineer, decompile or disassemble the App; or (d) make the functionality of the App available to multiple users through any means. Found reserves all rights in and to the App not expressly granted to you under these Terms.

    2. Additional Information: Apple App Store. This Section 10.2 applies to any App that you acquire from the Apple App Store or use on an iOS device. Apple has no obligation to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the App purchase price to you (if applicable) and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and use of it, including, but not limited to: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) 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 App infringe that third party’s intellectual property rights. Apple and its subsidiaries are third-party beneficiaries of these Terms, and 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 (x) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (y) 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 App.

  12. General Prohibitions and Found’s Enforcement Rights.

    1. You agree not to do any of the following:

      1. Post, upload, publish, submit or transmit any Content that: (a) 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; (b) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (c) is fraudulent, false, misleading or deceptive; (d) is defamatory, obscene, pornographic, vulgar or offensive; (e) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (f) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (g) promotes illegal or harmful activities or substances;

      2. Use, display, mirror or frame the Services or any individual element within the Services, Found’s name, any Found trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Found’s express written consent;

      3. Access, tamper with, or use non-public areas of the Services, Found’s computer systems, or the technical delivery systems of Found’s providers;

      4. Attempt to probe, scan or test the vulnerability of any Found system or network or breach any security or authentication measures;

      5. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Found or any of Found’s providers or any other third party (including another user) to protect the Services or Content;

      6. Attempt to access or search the Services or Content or download Content from the Services through the use of 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 Found or other generally available third-party web browsers;

      7. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;

      8. Use any meta tags or other hidden text or metadata utilizing a Found trademark, logo URL or product name without Found’s express written consent;

      9. Use the Services or Content, or any portion thereof, for the benefit of any third party or in any manner not permitted by these Terms;

      10. 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 Services or Content to send altered, deceptive or false source-identifying information;

      11. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content;

      12. 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 Services;

      13. Collect or store any personally identifiable information from the Services from other users of the Services without their express permission;

      14. Impersonate or misrepresent your affiliation with any person or entity;

      15. Violate any applicable law or regulation; or

      16. Encourage or enable any other individual to do any of the foregoing.

    2. Although we’re not obligated to monitor access to or use of the Services or Content or to review or edit any Content, we have the right to do so for the purpose of operating the Services, 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, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider any Content to be 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.

  13. DMCA/Copyright Policy. Found respects the intellectual property rights of others and expects its users to do the same.It is Found’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe the copyrights of others. To satisfy one of the conditions of the optional safe harbor against certain remedies for online service providers under the Digital Millennium Copyright Act, Found will respond expeditiously to valid notifications of claimed infringement that are reported to Found’s Designated Copyright Agent.

    1. The notifications should be addressed as follows:

      • Indie Technologies, Inc.

      • Attn: Copyright Agent

      • Address: 981 Mission St. #64, San Francisco, CA 94103

      • Email: copyright@found.com

    2. Information regarding the requirements for valid notifications of claimed infringement is at 17 U.S.C. § 512(c)(3) or on the Copyright Office website at https://www.copyright.gov/dmca-directory/ (you may have to click “read more” to find the instructions).

  14. Links to Third Party Websites or Resources. The Services (including the App) may contain links to third-party websites or resources. We provide these links only as a convenience and are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from, your use of any third-party websites or resources.

  15. Termination. We may terminate your access to and use of the Services, at our sole discretion, at any time and without notice to you. You may cancel your Account at any time by sending an email to help@found.com. Upon any termination, discontinuation or cancellation of the Services or your Account, the following Sections will survive: 5, 6, 7, 8, 9, 11, 14, 15, 16, 17, 18, 19, 20, and 21.

  16. Warranty Disclaimers. THE SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, 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 Content.

  17. Indemnity. You will indemnify, defend and hold harmless Found and its officers, directors, employees and agents, 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 Content, or (c) your violation of these Terms.

  18. Limitation of Liability.

    1. NEITHER FOUND NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT 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 FOUND OR ANY OTHER PARTY HAS 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.

    2. IN NO EVENT WILL FOUND’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 AMOUNTS YOU HAVE PAID TO FOUND FOR USE OF THE SERVICES OR CONTENT OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FOUND, AS APPLICABLE.

    3. THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FOUND AND YOU.

  19. Governing Law and Forum Choice. These Terms and any action related thereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the State of California, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section 19 “Dispute Resolution,” the exclusive jurisdiction for all Disputes (defined below) that you and Found are not required to arbitrate will be the state and federal courts located in the Northern District of California, and you and Found each waive any objection to jurisdiction and venue in such courts.

  20. Dispute Resolution.

    1. 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 (collectively, “Disputes”) will be resolved solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Found agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of these Terms, and that you and Found 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.

    2. Exceptions and Opt-out. As limited exceptions to Section 19.1 above: (a) you may seek to resolve a Dispute in small claims court if it qualifies; and (b) 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.

    3. 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 give notice to 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 the interpretation, applicability, enforceability and scope of this arbitration agreement.

    4. Arbitration Costs. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules, and we won’t seek to recover the administration and arbitrator fees we are responsible for paying, unless the arbitrator finds your Dispute frivolous. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.

    5. Injunctive and Declaratory Relief. Except as provided in Section 19.2 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 be stayed pending the outcome of the merits of any individual claims in arbitration.

    6. Class Action Waiver. YOU AND FOUND 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.

    7. Severability. With the exception of any of the provisions in Section 19.6 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.

  21. General Terms.

    1. Entire Agreement. These Terms constitute the entire and exclusive understanding and agreement between Found and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Found and you regarding the Services. You may not assign or transfer these Terms, by operation of law or otherwise, without Found’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Found may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

    2. Notices. Any notices or other communications provided by Found under these Terms, including those regarding modifications to these Terms, will be given: (a) via email; or (b) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

    3. Waiver of Rights. Found’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 Found. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

  22. Contact Information. If you have any questions about these Terms or the Services, please contact Found at help@found.com.

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