Terms of Use

These Terms of Use, including any terms and conditions incorporated by reference (collectively, these "Terms of Use") constitute a binding agreement between you and Wish Technologies, Inc. ("Wish" "we," "us" or "our"), when you access any website offered by us (collectively, the "Site"), any mobile app offered by us, or any other platform we may provide (individually and collectively with the Sites, the "Platform") and any features, functions, services, products or information available on or through the Platform (collectively, and with your access to or use of the Platform itself, the "Services") in existence now or in the future. You are referred to herein as "you" or "your." Together, you and Wish are referred to herein as the "Parties." The Privacy Policy posted at https://www.getwish.ai/policies/privacy also form part of these Terms of Use.

BY ACCESSING OR USING OUR SERVICES, YOU: (I) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND (II) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MUST DISCONTINUE YOUR ACCESS TO AND USE OF THE PLATFORM AND SERVICES. In addition to the foregoing, you acknowledge that these Terms of Use govern your conduct associated with the Services offered by Wish and to the extent of any conflict between the Privacy Policy and these Terms of Use, these Terms of Use shall control.

We reserve the right to change these Terms of Use at any time, for any reason and no reason, and you agree to be bound by any such changes. If we decide to change these Terms of Use, the effective date will be posted so that you will always know what terms of use apply when you use the Services.

Any breach of these Terms of Use immediately terminates your right to access and use the Services and all rights and licenses granted to you by these Terms of Use.

THESE TERMS OF USE CONTAIN A DISPUTE RESOLUTION SECTION THAT INCLUDES AN ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER THAT AFFECT YOUR LEGAL RIGHTS. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE PROVISIONS CAREFULLY.

1. General

You may choose to establish an account on our Platform ("Account"), and may be required to provide certain information, including your email address to access the Account. You are responsible for maintaining the confidentiality of your access information and for controlling access to your Account. Any personally identifiable information you provide to us through the Platform or through the Services is subject to our Privacy Policy.

You agree to accept responsibility for all activities that occur under your Account. We may suspend or terminate your Account at any time, for any reason or no reason and without prior notice to you.

2. Intellectual Property Rights

The Platform and Services, including all of its contents, design, text, images, proprietary information, as well as any accompanying documentation or other written materials, tangible or intangible, and all legally protectable elements of the foregoing, including, without limitation, all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered, and regardless of where produced, and all intellectual property rights therein but excluding, for the avoidance of doubt, any Trademarks (as defined and described below) (all of the foregoing, individually and collectively, the "Materials") are the property of Wish or our suppliers, licensors or service providers. You are hereby granted a limited license (without the right to sublicense) to access and use the Materials, solely for your personal, non-commercial use, provided you do not alter or remove any copyright or other proprietary notices. Nothing in these Terms of Use shall be interpreted as granting any license of intellectual property rights to you other than as explicitly set forth in these Terms of Use. Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any Materials, in whole or in part, for any public or commercial or competitive purpose without our prior written permission.

You acknowledge that we may revoke the foregoing limited license at any time for any or no reason and that we will enforce our intellectual property rights to the fullest extent of the law.

As between you and Wish (or our licensors, affiliates, sponsors, or any other third parties), Wish (or the respective licensor, affiliate, sponsor or third party) is the owner and/or authorized user of any trademark (including registered and applied-for trademarks), logo, trade name and/or service mark appearing on the Platform or Services ("Trademarks"). You may not use any Trademarks, including the Wish logos and trademarks, in any manner without our express written consent, regardless of whether or not the Trademark is registered.

3. Conduct on the Platform

You understand the Platform and Services are available for your personal, non-commercial use only. By accessing the Platform and Services, you agree that you will not, and you will not allow a third party acting on your behalf to, without Wish's express prior written consent:

1. use the Platform or Services for commercial activities or sales;
2. download or save a copy of any of the Platform or Services for any purpose except as otherwise provided by Wish;
3. engage in conduct constituting, or encouraging conduct that would constitute, a criminal offense giving rise to civil liability or otherwise violate any city, state, national or international law or regulation; or
4. impersonate any person or entity, or falsely state or otherwise misrepresent yourself or your affiliation with any person or entity.

If you make use of the Platform or Services in a manner other than as provided herein, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and may be subject to liability.

4. Security Rules

Violation of the system or network security of our Platform and Services may result in civil or criminal liability. You acknowledge that Wish will investigate security incidents in accordance with its policies and applicable law and may involve, and cooperate with, law enforcement authorities in connection with the foregoing. You are prohibited from engaging, or encouraging or permitting any third party to engage, in any activity that could impact the functionality, availability, performance, or security of the Platform or Services, including, without limitation, any of the following activities:

1. accessing data or information available on the Platform or Services that is not intended for you or logging into an Account for which you are not authorized to access (including through hacking, password mining or any other illicit means);
2. probing, scanning or testing the vulnerability of the Platform or Services;
3. breaching the security or any authentication measures on the Platform or through any of the Services;
4. interfering with the Platform networks or network security or using the Platform to gain unauthorized access to any of our systems or any third-party systems;
5. reverse engineering, reconstructing, copying, preparing derivative works or otherwise imitating the Platform, Services or Material; or
6. attempting to do any of the foregoing.

5. Termination

We reserve the right, in our sole and exclusive discretion, to refuse, suspend, restrict or terminate your access to the Platform or Services, or any portion thereof, without notice and for any reason or no reason, including: at the request of law enforcement or other government agencies; if the Platform or Services are discontinued or materially modified; upon the occurrence of any technical or security issues or problems; if you engage in any conduct that we believe, in our sole and exclusive discretion, violates any provision of these Terms of Use or other incorporated agreements or guidelines, or violates the rights of Wish or third parties; or upon any breach by you of these Terms of Use.

Accounts that are inactive for more than one year may be removed by us without further notice.

6. Links to Other Sites

These Terms of Use only relate to your use of the Platform and Services and do not relate to any other websites or browser extensions to which our Platform or Services may link, including links to websites and services of our partners, suppliers, affiliates, advertisers and other third parties (collectively, the "Third-Party Sites"). References or links to any Third-Party Site are provided for your convenience and information only. We do not endorse, take responsibility for, monitor or check for accuracy, appropriateness or completeness of any Third-Party Site. If you decide to access any Third-Party Site, we may not warn you that you have left our Platform or Services and are subject to the terms and conditions and privacy policies of such Third Party Site and you access such Third-Party Site at your own risk. We encourage you to review any terms and conditions and policies of any Third-Party Sites.

7. Indemnity and Release

You agree to defend, indemnify and hold Wish and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or service providers, harmless from any and all loss, claims, liabilities, damages, demand, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Platform or Services or your violation of the Terms of Use. The foregoing defense and indemnification obligation will survive these Terms of Use and your use of the Platform or Services.

To the maximum extent permitted by applicable law, you hereby release and waive all claims against Wish and its past, present or future parents, subsidiaries, and affiliates or any of their respective directors, officers, employees, agents or content or service providers from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with your use of the Platform or Services.

8. Disclaimer of Warranties

You understand and agree that:

THE PLATFORM AND SERVICES, INCLUDING, WITHOUT LIMITATION, ALL MATERIALS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND WISH MAKES NO WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, DATA SECURITY, OR UNINTERRUPTED ACCESS TO THE PLATFORM (INCLUDING THE SERVICES AND MATERIALS), ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION PROVIDED ON THE PLATFORM OR THROUGH THE SERVICES AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WISH DOES NOT WARRANT THAT THE PLATFORM (INCLUDING MATERIALS MADE AVAILABLE THEREBY) OR THE SERVICES WILL BE TIMELY, SECURE, UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR SERVICES WILL MEET EXPECTATIONS OR REQUIREMENTS. EXCEPT AS IS REQUIRED BY LOCAL LAW, ANY WARRANTY OF ANY KIND IS EXCLUDED BY THIS SECTION 8.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WISH, ITS PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR CONTENT OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR DIRECTLY OR INDIRECTLY RELATED TO THE USE OF, OR THE INABILITY TO USE, THE PLATFORM OR SERVICES (INCLUDING ANY MATERIALS), INCLUDING, WITHOUT LIMITATION, ANY LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF GOODWILL OR LOST BUSINESS, DATA OR SALES, OR COST OF SUBSTITUTE SERVICES, EVEN IF WISH OR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE TOTAL LIABILITY OF WISH TO YOU FOR ALL DAMAGES, LOSSES, CLAIMS, LIABILITY, AND CAUSES OF ACTION (WHETHER IN CONTRACT, WARRANTY OR TORT, INCLUDING, NEGLIGENCE (WHETHER ACTIVE, PASSIVE, OR IMPUTED) OR OTHERWISE) ARISING FROM OR RELATED TO THESE TERMS OF USE OR YOUR USE OF THE SERVICES OR THE PLATFORM EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WISH, ITS PAST, PRESENT, OR FUTURE PARENTS, SUBSIDIARIES AND AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR SERVICE PROVIDERS BE LIABLE TO YOU WITH RESPECT TO USE OF THE PLATFORM OR SERVICES (INCLUDING ANY MATERIALS) (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM US), OR ANY DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS OR SERVICES. YOUR SOLE REMEDY IS TO STOP ACCESS AND USE OF THE PLATFORM AND SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NOTICE OF ANY CLAIM OR DISPUTE MUST BE PROVIDED WITHIN ONE YEAR OF ITS ACCRUAL OR IT IS FOREVER WAIVED AND TIME BARRED.

10. Dispute Resolution (Including Arbitration Agreement, Class Action Waiver, Jury Trial Waiver)

Please read this Section 10 carefully as it affects your legal rights. It provides for the resolution of most Claims (defined below) through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only limited review by a court. This Section 10 also contains a class action waiver and a jury trial waiver. The class action waiver provision waives any and all rights to proceed in a class, collective, consolidated, private attorney general, or representative action in arbitration or litigation to the fullest extent permitted by applicable law.

CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

a) Agreement to Arbitrate. You and Wish agree that, except as provided below, any dispute, controversy, or claim arising, or that has arisen, out of or relating in any way to this Agreement, including any statutory, common law, or other types of claim, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (a "Claim") will be determined by binding individual arbitration or in small claims court, in accordance with this Section 10. This agreement to arbitrate does not cover any claims that cannot be compelled to arbitration as a matter of applicable law, including claims for sexual harassment or sexual assault and certain administrative claims with local, state, or federal government agencies. In addition, nothing in this Agreement shall be deemed to excuse a Party from bringing an administrative claim before any agency in order to fulfill the Party's obligation to exhaust administrative remedies before making a claim in arbitration. Notwithstanding the above, to the extent a Party wishes to pursue a Claim after the administrative proceedings have concluded (or wishes to appeal an administrative decision), and those further proceedings would ordinarily be heard in a court, the Party must resolve those further proceedings through arbitration or in small claims court under this Agreement, and not in state or federal court. The Parties understand and fully agree that by entering into this Agreement to arbitrate they are giving up their right to have a trial by jury, and are giving up their normal rights of appeal following the rendering of a decision except as applicable law provides for judicial review of arbitration proceedings. The Parties anticipate that by entering into this Agreement, they will gain the benefits of a speedy and less expensive dispute resolution procedure. The Parties agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision shall survive termination of this Agreement and/or the termination of your relationship with Wish.

b) Class, Collective, and Representative Action Waiver. The Parties 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, collective, private attorney general, consolidated, or representative proceeding, except as otherwise provided under applicable law. The Parties waive the right to assert or participate in any class, representative, or collective claims against each other in court, arbitration, or any other proceeding, as well as the right to receive money or any other relief from any class or collective claims against each other in any forum. Each Party shall only submit their own individual claims against the other and will not seek to represent the interests of any other person. The Arbitrator shall have no jurisdiction or authority to adjudicate any class, representative, or collective claim, or to consolidate different arbitration proceedings with or join any other Party to an arbitration between the Parties. If any portion of this Section 10 is found to be unenforceable or unlawful in any respect or for any reason, or with respect to any particular Claim, then the relevant portion of this Section 10 shall be severed from this Agreement. Any such severance shall have no impact whatsoever on the remainder of this Section 10, and this Agreement will still be fully enforceable as to any and all Claims, which must be resolved in arbitration, unless a Party elects the small claims option under Section 10(e). To the extent that any Claim is deemed to be non-arbitrable, or a court finds that a Claim must proceed on a class, collective, consolidated, or representative basis, that Claim must be litigated in a civil court of competent jurisdiction and not in arbitration, and the Parties agree that litigation of all such Claims shall be stayed, and any applicable statutes of limitations tolled, pending the outcome of any individual Claims in arbitration.

c) Notice of Claim. Before electing to seek arbitration or filing in small claims court, a Party must give the other Party written notice of any Claim within the applicable statute of limitations for the type of Claim(s) asserted (the "Notice of Claim"). Any Notice of Claim provided to Wish by you must be sent to Wish, legal@wishtechnologies.ai. Any Notice of Claim provided to you by Wish will be sent to your current residential address on file with Wish. The Notice of Claim must: (i) include the contact information (including name, address, email address and telephone number), (ii) identify and describe the nature of all Claims asserted and the facts upon which such Claims are based and (iii) provide a detailed description of the relief sought, including a good faith calculation for it. The Parties agree that, after a Notice of Claim is sent but before either you or Wish initiate arbitration or file a claim in small claims court against the other, we will personally meet, via telephone or videoconference, in a good-faith effort to confer with each other and try to resolve informally any Claim covered by this Agreement. You agree to participate in the conference personally, and Wish agrees to have a company representative participate in the conference. If either Party is represented by counsel with respect to any Notice of Claim, that counsel may participate in the conference as well. The statute of limitations and any filing fee deadlines shall be tolled while the Parties engage in the informal dispute resolution process required by this paragraph. If the Parties do not reach an agreement to resolve the Claim within sixty (60) days after the Notice of Claim is received, you or Wish may commence an arbitration proceeding by filing a Demand for Arbitration or, alternatively, by filing a Claim in small claims court. You agree that you may not commence any arbitration or file a Claim in small claims court unless you have complied with this provision and made a good faith effort to resolve your Claim directly with Wish during that time.

d) Arbitration Procedures. The arbitration will be conducted by the AAA before a single AAA Arbitrator under the AAA's rules, which are available at www.adr.org, except as modified by this Agreement or otherwise agreed between you and Wish. Arbitration shall be held in the county in which you have entered into this contract (or at another mutually agreed location) before a single Arbitrator. The Arbitrator will be selected by mutual agreement of the Parties or, if the Parties are unable to agree on an Arbitrator, using the following procedure: (i) the AAA will send the Parties a list of ten candidates; (ii) if the Parties cannot agree on an arbitrator from the list, each Party shall return its list to the AAA within 10 days, striking all unacceptable candidates and ranking the remaining candidates in order of preference; (iii) the AAA shall appoint as Arbitrator the candidate with the highest aggregate ranking; (iv) if this procedure does not result in any mutually acceptable candidates, AAA shall send a second list of ten candidates and the Parties shall repeat steps (ii) and (iii); and (v) if the second round of this procedure still does not result in any mutually acceptable candidates, the AAA may exercise its discretion in appointing the Arbitrator. The Arbitrator shall have exclusive authority to resolve any dispute relating to the validity, enforceability, or scope of this Agreement and the arbitrability of any dispute between the Parties with the exception of Section 10(b), which is to be determined by a court of competent jurisdiction and not by the Arbitrator. The Arbitrator shall permit discovery sufficient to permit a full and fair exploration of the issues consistent with the streamlined nature of arbitration and shall provide the Parties with a reasoned written decision explaining his or her factual and legal findings and conclusions. Any arbitral award determination shall be final and binding upon the Parties and subject to judicial review pursuant to the law applicable to judicial review of arbitration proceedings. The award shall be binding only among the Parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different Party. Wish will pay all costs unique to arbitration, including the Arbitrator's fees and any portion of your AAA filing fee that exceeds the filing fee for a civil action in court. Wish will not seek to recover its attorneys' fees and costs in arbitration from you unless the Arbitrator finds that either the substance of your Claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). Judgment on the Arbitrator's award may be entered in any court of competent jurisdiction.

e) Small Claims Option. Either you or Wish can seek to have a Claim resolved in small claims court if all the requirements of the small claims court are satisfied. Either you or Wish may seek to have a Claim resolved in small claims court in the county in which you have entered into this contract, and you may also bring a Claim in small claims court in the Superior Court of Delaware, County of Delaware. If a Claim qualifies for small claims court, but a Party commences an arbitration proceeding, you and Wish agree that either Party may elect instead to have the Claim resolved in small claims court, and upon written notice of a Party's election, the American Arbitration Association ("AAA") will administratively close the arbitration proceeding. Any dispute about whether a Claim qualifies for small claims court shall be resolved by that court, not by an arbitrator.

f) Relief Available in Arbitration. Unless you or Wish seek to have a Claim resolved in small claims court, the Arbitrator shall determine all issues of liability on the merits of any Claim asserted by you or Wish 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 either Party prevails on a Claim and seeks 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 Claim in arbitration. Before a court of competent jurisdiction issues any public injunctive relief, it shall review the factual and legal findings of the arbitration award on which any injunction would issue with no deference to the Arbitrator.

g) Arbitration Fees. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. You are required to pay the AAA's initial filing fee, but Wish will reimburse you for this filing fee at the conclusion of the arbitration to the extent it exceeds the fee that you would have to pay to file a complaint in federal or state court in the county in which you receive this Agreement or in the State of Delaware, whichever amount is greater. If the Arbitrator finds that either your Claim or the relief sought in your Demand for Arbitration was frivolous, was brought for an improper purpose, or otherwise violates the standards set forth in Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules and Wish will not reimburse your initial filing fee. The Parties agree that the AAA has discretion to modify the amount or timing of any administrative or arbitration fees due under the AAA Rules where it deems appropriate, provided that such modification does not increase the AAA fees to you or Wish and you and Wish waive any objection to such fee modification.

CLASS ACTION WAIVER AND JURY TRIAL WAIVER.

h) YOU AND WISH EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN LITIGATION, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND WE AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.

i) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.

11. Governing Law and Venue

Except with respect to the arbitration agreement, these Terms of Use and access and use of the Platform and Services are governed by the laws of the state of Delaware, without regard to Delaware's conflict of laws rules. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, or there is a challenge to the enforceability of these Terms of Use, you irrevocably consent to the exclusive jurisdiction of the federal and state courts encompassing Delaware for purposes of any legal action and waive any objections as to personal jurisdiction and to the laying of venue in such courts due to: (1) inconvenient forum or (2) any other basis or right to seek to transfer or change venue of any such action to another court.

12. General Information

The Terms of Use constitute the entire agreement between you and Wish and govern your use of the Platform and Services, superseding any prior agreements between you and Wish. You also may be subject to additional terms and conditions that are applicable to certain parts of the Platform or Services.

You agree that no joint venture, partnership, employment, or agency relationship exists between Wish and you as a result of this Agreement or your use of the Platform or Services.

The failure of Wish to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

In addition to such other provisions that, by their terms, survive any termination or expiration of these Terms of Use, the following sections shall survive termination of these Terms of Use and our relationship with you: (1) Indemnity; (2) Disclaimer of Warranties; (3) Limitation of Liability; (4) Dispute Resolution (including Arbitration Agreement; Class Action Waiver; Jury Trial Waiver); and (5) Governing Law and Venue.

You may not assign the Terms of Use or any of your rights or obligation under the Terms of Use without Wish's express written consent.

The Terms of Use inure to the benefit of Wish successors, assigns and licensees. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.