Consumer Terms and Conditions

This Agreement governs your access to and use of the Technology and Services (each as defined below) and is between you and Gesture. “Gesture,” “we,” “us,” and “our” mean Gesture US, Inc., a Delaware corporation, and its subsidiaries and affiliated companies. These Terms and Conditions constitute a legal agreement between you and Gesture US, Inc. and/or its subsidiaries and affiliated companies with respect to all orders placed through the Services in the United States (“United States Orders”). Gesture operates a behavior activation and connection platform that uses web-based and mobile technology (the “Technology” or the “Software”) to connect senders (“Senders”) and recipients (“Recipients”) with merchants, vendors, and businesses (collectively, “Merchants”). The Technology permits Senders and organizations to place orders for curated physical items, experiences, and in-app credit (each, an “Item”) from Merchants for delivery to Recipients, and Merchants and third-party commercial carriers and couriers engaged by Merchants or by Gesture (“Delivery Providers”) complete those deliveries. The Technology and any related services, content, features, and functionality (collectively, the “Services”) include, without limitation, our websites at https://gesture.vip, https://app.gesture.vip, our consumer mobile application (the “App”), our social features (including our activity feed, “Moments”), our Gesture for Business enterprise suite (including the Gesture Intelligence Companion) (“Gesture for Business”), Enterprise Client campaigns (as described in Section 13(d)), and any proprietary automated, algorithmic, or artificial intelligence-enabled features deployed within the platform (collectively, “Automated Features”). You acknowledge and agree that Gesture is not a restaurant, merchant, vendor, delivery service, common carrier, or food preparation business of any kind, and that Merchants and Delivery Providers are independent third-party providers and not employees, agents, or joint venturers of Gesture.

By visiting or accessing any of our websites, installing or using any of our mobile applications, accessing any information, function, or service available or enabled by Gesture, or completing the Gesture account registration process, you, your heirs, assigns, and successors (collectively, “you” or “your”) represent and warrant that: (a) you have read, understand, acknowledge, and agree to be bound by this Agreement; (b) you have the authority to enter into this Agreement personally and, if applicable, on behalf of any organization on whose behalf you have created an account, and to bind such organization to this Agreement; and (c) you are either (i) of legal age in the jurisdiction or state in which you reside to form a binding contract with Gesture or (ii) between the ages of 13 and 17 and your parent or legal guardian has read, understood, and affirmatively agreed, through the parental-consent process in the Services, to bind you and themselves to this Agreement. A parent or legal guardian who accepts this Agreement on behalf of a minor is responsible for the minor’s use of the Services and for all activity under the minor’s account. If you are under 18, you may access or use the Services only with the active involvement and consent of a parent or legal guardian. Recipients under 18 are addressed in Section 2(e). The terms “User” and “Users” refer to all persons who access or use the Services, including Senders, Recipients, and any organizations that register accounts or otherwise access or use the Services through their representatives. If you do not agree to be bound by this Agreement, you may not access or use the Services. (d) Business Accounts. If you register for or use an account on behalf of a business or other organization (a “Business Account”), you represent that you are authorized to bind that organization, the organization is bound by this Agreement as a User, and the organization is responsible for the acts and omissions of each individual who accesses the Services through the Business Account. If you access Gesture for Business or any other enterprise offering on behalf of an organization: (i) you represent that you have authority to bind that organization; (ii) your organization is solely responsible for all contact lists, data, and materials it uploads or provides to Gesture, and represents and warrants that it has obtained all rights, consents, and notices, and has a lawful basis under applicable law, to provide that data to Gesture for enrichment, scoring, segmentation, targeting, and campaign execution; and (iii) campaign budgets, redemption windows, and rollover terms are as stated in the applicable order form. Where your organization has executed a Master Services Agreement, Order Form, or other written enterprise agreement with Gesture, that agreement governs your organization’s use of Gesture for Business and controls over this Agreement in the event of a conflict. Additional terms applicable to Business Accounts may be presented to you and, if so, are Additional Terms under Section 4. (e) Recipients and Sending Items. (i) Who is a Recipient. A “Recipient” is any individual, other than the Sender, whom a Sender designates to receive an Item, whether identified by name, mobile phone number, email address, Gesture screen name, or selection from the Sender’s contacts or Circle in the App. The term includes any individual who opens a G-Link, verifies a phone number, submits a delivery address, or otherwise interacts with the Services in connection with an Item sent to them, whether or not they hold a Gesture account, and any individual who accepts delivery of an Item on the designated individual’s behalf, but only with respect to that delivery. A Sender who sends an Item to themselves is both the Sender and the Recipient of that Item. (ii) Recipients without an account. If you receive an Item through the Services and do not have a Gesture account, you are not a party to this Agreement except as provided in this Section 2(e) and Section 9(d). If an Enterprise Client invited you and Gesture delivers a Campaign Item to you on its behalf, as described in Section 13(d), you are not a party to this Agreement unless and until you register. A Recipient who opens a G-Link, verifies a phone number, submits delivery details, or otherwise uses the Services in connection with an Item agrees to the delivery conditions in this Section 2(e), Section 12, and Section 16 with respect to that Item, and to the Content Guidelines, whether or not they create an account. Recipients may decline an Item, stop further notifications, or exercise the privacy rights described in Section 9(d) without creating an account. (iii) Recipient information you provide. To send an Item you must identify the Recipient by name and at least one of the Recipient’s mobile phone number, email address, or Gesture screen name. Depending on the delivery method you select, you may also provide the Recipient’s delivery address and delivery instructions. You represent and warrant that (A) the information you provide about the Recipient is accurate; (B) you have a personal, business, or other bona fide relationship with the Recipient or another lawful basis to share the Recipient’s information with us; and (C) you have obtained any consent required for Gesture, Merchants, and Delivery Providers to use the Recipient’s name, contact details, address, and other personal information to fulfill, deliver, and communicate about the Item, including by text message, email, and push notification, as further described in Section 9(c). You are responsible for any claim arising from your provision of a Recipient’s information without authority to do so. (iv) Delivery methods. At checkout you may choose one of the following delivery methods: (A) Direct delivery. You enter the Recipient’s delivery address and, where applicable, select a delivery date and window. The Recipient is not required to have a Gesture account or to take any action to receive the Item. (B) G-Link delivery. If you do not know the Recipient’s address, we will generate a unique link (a “G-Link”) that you may share with the Recipient or that we will send to the Recipient at the contact information you provide. To redeem a G-Link, the Recipient must open it, verify their mobile phone number, and enter a delivery address and, where applicable, select a delivery date and window (together, “Redemption”). The Recipient is not required to create a Gesture account to redeem a G-Link. The Recipient may choose to preview the Item or keep it a surprise until delivery. (v) Redemption Period. Where delivery depends on the Recipient’s action (for example, redeeming a G-Link or accepting an Item), the Recipient must act within the Redemption Period described in Section 12(b). If the Recipient does not act before the Redemption Deadline, the order will be cancelled and the Sender refunded as described in Section 12(b). We may, in our discretion, send reminder messages to you and to the Recipient before the Redemption Deadline, and we may extend the Redemption Period. (vi) Undeliverable addresses and unavailable Items. Item availability and delivery windows depend on the Recipient’s address. If the address a Recipient provides is outside the delivery area for the selected Item, we will notify the Recipient and, where possible, offer a substitute Item of equal or greater value or a delivery method that serves that address, consistent with Section 12(b). If no substitute or alternative delivery method is available, the order will be cancelled and the Sender refunded in full, including any fees, taxes, and tip, to the original payment method. Recipients are not entitled to a refund or credit for an unconfirmed or cancelled order. (vii) Changes and cancellations. Changes to and cancellation of an order, including an order that has not yet been redeemed by the Recipient, are governed by Section 12(b). If a Recipient declines an Item, the order will be treated as cancelled under Section 12(c). (viii) Personalization and Moments. You may personalize an Item with a written message, greeting card, photo, selfie, doodle, or video (“Gift Content”). Gift Content is User Content under Section 8 and must comply with our Content Guidelines. You are solely responsible for Gift Content and represent that it does not violate the rights of any third party, including any person depicted in it. Items you send may appear in your and the Recipient’s Moments feed in accordance with the visibility setting you select at checkout or in your account settings, and a Recipient who has an account may independently control whether an Item they receive is visible on their profile. Do not include in Gift Content any information you would not want displayed to other Users. (ix) Alcohol and other age-restricted Items. Alcohol and other age-restricted Items may be sent only to Recipients who are of legal age to receive them, are subject to the physical-presence, identification, and return-fee conditions in Section 16, and may not be redeemed or accepted through a G-Link or otherwise by anyone other than the Recipient personally. (x) Recipients under 18. If you know or reasonably should know that a Recipient is under 18 years of age, you must designate the Recipient’s parent or legal guardian as the person to be contacted for acceptance and delivery, as provided in Section 9(c). An Item for a Recipient under 18 may be accepted, and any G-Link for that Item redeemed, only by the Recipient’s parent or legal guardian, who, by doing so, represents that they are the Recipient’s parent or legal guardian and consents to the Recipient’s receipt of the Item and to our processing of the Recipient’s contact information as described in the Privacy Policy. Where a Recipient under 18 later registers for an account, Section 2(c) applies. (xi) Unwanted Items and contact. Recipients may report unwanted Items or contact to support@gesture.vip and may ask us not to deliver further Items to them from a particular Sender, or at all. We may decline to process an order to a Recipient who has made such a request.

Gesture reserves the right to modify the terms and conditions of this Agreement, or its policies relating to the Software or Services, at any time. For any material modifications to this Agreement, as determined in Gesture’s reasonable discretion, we will notify you through the Services, via email, or through an in-app prompt, and we will present the updated Agreement for your acceptance the next time you access the Services after the change. Such material modifications will become effective upon the earlier of your affirmative acceptance of the updated Agreement or your continued use of the Services after such notice. For non-material updates (such as typographical corrections, clarifications, or changes to contact information), modifications shall be effective immediately upon posting, and we will update the “Last Updated” date above. Continued use of the Services after notice of any such changes constitutes your agreement to such changes. If you do not agree to any modifications, your sole and exclusive remedy is to terminate your use of the Services and delete your account. Changes to the Arbitration Agreement are subject to Section 14(j).

Your access to and use of the Services is also governed by our Privacy Policy, our Branded Content Policies, our Social Media Community Guidelines, our Content Guidelines, and any other policies, rules, or supplemental terms referenced in this Agreement or otherwise posted through the Services (collectively, the “Additional Terms”). The Additional Terms are incorporated into and made a part of this Agreement by reference. By using the Services, you acknowledge that you have read our Privacy Policy, which describes how we collect, use, disclose, and retain your personal information (including information about Recipients and campaign audiences that Senders or Enterprise Clients provide to us, information we obtain from licensed data providers and publicly available sources, and information about individuals who do not have a Gesture account), and you agree to comply with the Additional Terms. Our Privacy Policy also explains whether any of our practices constitute a “sale” or “sharing” of personal information as those terms are defined under applicable state privacy laws, any rights you may have to opt out, and how we treat Global Privacy Control signals. If there is a conflict between this Agreement and any Additional Terms, the Additional Terms will govern with respect to the applicable subject matter unless otherwise stated; provided, however, that Section 14 (Arbitration Agreement) shall govern over any conflicting dispute-resolution term in any Additional Terms.

Who Can Use Gesture In order to maintain a safe and inclusive community, you must satisfy the following requirements to access or use the Services: • You must be at least 13 years of age (and, if under 18, have your parent or legal guardian’s consent as described in Section 2(c)), and at least 21 years of age to send or receive alcohol or other age-restricted products through the Services. • We must not have previously disabled your account for violation of law or any of our policies. • You must not be a convicted sex offender. • You represent and warrant that your use of the Services does not violate any applicable law, regulation, or court order in your jurisdiction, and that you have never been restricted from utilizing online marketplaces or communication platforms by any governing authority. • You must not be prohibited from receiving any aspect of the Services under applicable laws, and you must not appear on any U.S. Government list of denied, prohibited, or restricted parties. • You must not be located in any 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. • If you are between the ages of 13 and 17, your access to certain social, interactive, or location-sharing features within the Services (including Moments) may be restricted, moderated, or conditioned upon enhanced parental verification controls in accordance with applicable state and federal laws. Prohibited Conduct You agree that you will not, and will not assist or encourage others to: • impersonate any person or entity, misrepresent your identity or affiliation, or provide inaccurate or stale registration information (including phone number or email address), or create an account for someone else without their express permission; • engage in any conduct that is unlawful, misleading, fraudulent, or for any illegal or unauthorized purpose; • violate (or help or encourage others to violate) this Agreement or our policies; • post branded content without complying with our Branded Content Policies and required tooling; • interfere with or impair the intended operation of the Services, including misusing any reporting, dispute, or appeals channel by submitting fraudulent or groundless reports or appeals; • create accounts or collect information in unauthorized or automated ways without our express permission; • sell, license, purchase, or transfer any account or data obtained from us or the Services, including any username, login credentials, badges, Gesture Cash, or promotional codes; • post or transmit any other person’s private, confidential, or personally identifiable information without their express permission, or violate any other person’s rights (including intellectual property rights, such as by posting counterfeit, pirated, or infringing content); • modify, translate, create derivative works of, decompile, disassemble, or reverse engineer any portion of the Software or its components, except to the extent expressly permitted by applicable law; • misuse or attempt to circumvent redemption limits, campaign eligibility conditions, velocity limits, or promotional terms, including with respect to Promotional Credits, Promo Codes, or Enterprise Client-funded credit; • probe, scan, test, or attempt to extract, replicate, or reverse engineer our models, Automated Features, or intelligence engine, or interfere with any security, authentication, or rate-limiting feature of the Services; • falsely claim that an Item was missing, incorrect, of poor quality, or not delivered, or refuse to return an Item that was delivered to you in error; • dispute a charge or initiate a chargeback that you know to be false or fraudulent, or with respect to a transaction that you authorized; • resell, sublicense, rent, lease, or otherwise transfer the Services, or any content or data obtained from the Services, to any third party; • use any domain name or URL in your username or any other website or mobile application without our prior written consent; • use the Services to send unsolicited commercial messages (i.e., “spam”), to harvest or scrape data, or to send any communication that violates applicable law, including the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act; or • use the Services to send an Item, message, or communication to any person for the purpose of harassing, threatening, stalking, or intimidating that person, or to any person who has asked you (or has asked us) not to contact them. You may report any misconduct or suspected violations to support@gesture.vip.

You acknowledge and agree that Merchants and Delivery Providers are independent third-party providers and are not employees, agents, partners, or representatives of Gesture for any purpose. Gesture does not have, and does not exercise, the right to direct or control the goods or services provided by Merchants or the manner in which Delivery Providers perform delivery services. To the fullest extent permitted by law, Gesture is not responsible or liable for the acts, omissions, quality, safety, legality, or performance of any Merchant or Delivery Provider. Gesture does not assess, guarantee, or vet the suitability, legality, or ability of any Merchant or Delivery Provider except to the extent required by applicable law, and, to the fullest extent permitted by law, you expressly waive and release Gesture from any and all liability, claims, or damages arising from or in any way related to such third-party providers. Title to and ownership of an Item passes directly from the Merchant to the purchaser at the time of purchase and, as between the Sender and the Recipient, to the Recipient upon delivery as described in Section 12(b); neither Gesture nor any Delivery Provider holds title to, or acquires any ownership interest in, any Item at any time. Product descriptions, images, pricing, availability, and other catalog information displayed through the Services are supplied by Merchants and may have been generated or enhanced with the assistance of artificial intelligence; Gesture does not independently verify, and does not warrant the accuracy or completeness of, such information.

To access certain features of the Services, you must register for an account, which you may do using an email address or a supported third-party login (currently Google, Apple, Facebook, or LinkedIn). Your use of a third-party login is also subject to that provider’s terms, and you authorize Gesture to receive the account information the provider shares with us, as described in our Privacy Policy. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for safeguarding your account credentials and for all activities that occur under your account, whether or not authorized by you. You agree to notify Gesture immediately at support@gesture.vip of any unauthorized access to or use of your account or any suspected breach of security. Gesture reserves the right to suspend, terminate, or change your username, display name, or other account identifier at any time, with or without notice, in our sole discretion, if we believe it is appropriate or necessary (for example, if it infringes intellectual property rights, impersonates another User, brand, or company, is misleading, or violates our Content Guidelines). You agree that Gesture shall not be liable for any loss or damage arising from your failure to safeguard your login credentials or for any unauthorized access to your account prior to your notification to us.

(a) User Content. Gesture may provide you with interactive opportunities through the Services, including the ability to send personal messages to Recipients, post content on Moments, submit ratings and reviews, provide feedback, or otherwise contribute text, photos, images, audio, or video content (collectively, “User Content”). You represent and warrant that you are the owner of, or otherwise have the right to provide, all User Content that you submit, post, or transmit through the Services. You further represent and warrant that any User Content submitted, posted, or transmitted through the Services by you, on your behalf, or through your account does not (i) violate any third-party right, including any copyright, trademark, patent, trade secret, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) contain material that is false, intentionally misleading, deceptive, defamatory, offensive, abusive, or pornographic, including material that racially or religiously vilifies, incites violence or hatred, or is likely to insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation, or any physical or mental disability; (iii) contain sexually explicit or violent content or photos, images, or videos of weapons, illegal drugs, or hate symbols; (iv) contain any material that is unlawful or relates to unlawful conduct (including phishing or spoofing); (v) create a privacy or security risk to any person, including by soliciting personal information or containing confidential, sensitive, or personally identifiable information of another person without authorization; (vi) solicit money from any person; (vii) contain financial, legal, medical, or other professional advice; (viii) harm, abuse, harass, stalk, threaten, or otherwise offend; (ix) tamper with, hinder the operation of, or make unauthorized modifications to our websites or Technology; (x) otherwise result in civil or criminal liability for you, Gesture, or any third party; (xi) violate any law or regulation; or (xii) violate this Agreement or any community or content guidelines that Gesture may publish from time to time. You hereby grant Gesture (including Gesture’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and otherwise use the User Content in connection with Gesture’s business and in all forms now known or hereafter invented (collectively, “Uses”), including, without limitation, the right to use User Content, in identifiable, aggregated, or de-identified form, for data analysis, machine learning, and the development, optimization, testing, and training of Gesture’s Automated Features, artificial intelligence models, and proprietary technologies, without notification to or approval by you, subject to our Privacy Policy and to any opt-out or other rights you have under applicable law. Any personal information contained in User Content will be handled in accordance with our Privacy Policy, and, where required by applicable law, we will honor your rights to access, correct, delete, or restrict the processing of such personal information notwithstanding the license granted in this Section. Gesture will not use private personal messages sent between a Sender and a Recipient for marketing or public display without the consent of the Sender. If you utilize any third-party generative artificial intelligence tool or automated software to create, draft, or generate User Content for submission through the Services, you represent and warrant that you possess all necessary rights and licenses to grant Gesture the permissions described herein, and you assume sole liability for any third-party copyright, trademark, or privacy claims arising from such content. You further grant Gesture a non-exclusive, royalty-free license to use your username, first name, profile photo (if available), and other account information (including ratings history) to attribute User Content to you wherever that User Content is displayed across the Services, including our websites and mobile applications, without notification to or approval by you. You acknowledge that Gesture has no obligation to attribute any User Content to you. You agree that this license includes the right for other Users to access and use your User Content in conjunction with participation in the Services and as permitted through the functionality of the Services. For the avoidance of doubt, the license granted to Gesture herein shall survive termination of the Services or your account, subject to Section 22 and applicable law. Gesture reserves the right, in its sole discretion, to remove or disable access to any User Content, suspend or terminate your account at any time, or pursue any other remedy or relief available at law or in equity if you post any User Content that violates this Agreement or any community or content guidelines, or that Gesture considers to be objectionable for any reason. Gesture may monitor or delete User Content (but does not assume the obligation to do so) and may decide not to publish, display, or otherwise make available your User Content for any reason in its sole discretion. Gesture may also access, read, preserve, and disclose any information as it reasonably believes is necessary to satisfy any applicable law, regulation, legal process, or governmental request; enforce this Agreement, including investigation of potential violations; detect, prevent, or otherwise address fraud, security, or technical issues; respond to User or Merchant support requests; or protect the rights, property, or safety of Gesture, our Users, and the public. (b) Feedback. You agree that any submission of ideas, suggestions, or proposals to Gesture through its suggestion, feedback, wiki, forum, or similar pages (“Feedback,” which is considered User Content) is at your own risk and that Gesture has no obligations (including obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback and you hereby grant Gesture (including Gesture’s service providers) a perpetual, irrevocable, transferable, fully paid, royalty-free, non-exclusive, worldwide, fully sublicensable right and license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute, and otherwise use such Feedback. (c) Ratings and Reviews. To the extent that you rate or post reviews of Merchants, Items, or other aspects of the Services (“Ratings” and “Reviews”), such Ratings and Reviews are considered User Content and are governed by this Agreement. Ratings and Reviews are not endorsed by Gesture and do not represent the views of Gesture or its affiliates. Ratings and Reviews displayed through the Services may include Ratings and Reviews that did not originate on the Services or that were not submitted by Gesture customers, and Gesture may display summaries of Ratings and Reviews that are generated with the assistance of artificial intelligence; such summaries are provided for convenience only and may not reflect every Rating or Review. Gesture shall have no liability for Ratings and Reviews or for any claims of economic loss resulting from them. You acknowledge and agree that: (i) your Rating or Review will reflect your honest, truthful opinion based on first-hand experience; (ii) you will not provide a Rating or Review for any Merchant for which you have an ownership interest, employment relationship, or other affiliation, or for any competitor of such Merchant; (iii) you will not submit a Rating or Review in exchange for payment, free items, or other benefits from a Merchant; (iv) your Rating or Review will comply with the Federal Trade Commission’s Guides Concerning the Use of Endorsements and Testimonials in Advertising and the FTC’s Rule on the Use of Consumer Reviews and Testimonials; (v) your Rating or Review will comply with this Agreement and any applicable Content Guidelines; and (vi) we may decide not to publish, display, or otherwise make available your Rating or Review for any reason in our sole discretion. If we determine, in our sole discretion, that any Rating or Review could diminish the integrity of the Ratings and Reviews or otherwise violates this Agreement, we may remove such Rating or Review without notice and take any additional action we deem necessary or appropriate. Nothing in this Agreement prohibits or restricts you from posting an honest Review or other honest assessment of the Services, Gesture, or any Merchant, whether on the Services or elsewhere, and no provision of this Agreement will be construed or enforced in a manner inconsistent with the Consumer Review Fairness Act, 15 U.S.C. § 45b. (d) No Automated Scraping or AI Data Mining. You agree that you will not, and will not permit or assist any third party to, utilize automated scripts, web crawlers, spiders, bots, scrapers, data-mining software, or extraction tools to access, harvest, compile, index, or download any User Content, data, images, text, or proprietary platform information from our websites, applications, or Moments, including any content or data that is accessible without logging into an account. The use of any content or data from the Services for the purpose of training, developing, or optimizing external machine learning systems, large language models, or generative artificial intelligence platforms is strictly prohibited without Gesture’s express, prior written consent. (e) Automated Features. The Services use artificial intelligence, including Gesture’s proprietary intelligence engine, to generate recommendations, curate Items, personalize experiences, score and segment campaign audiences, and power an AI-assisted concierge. Automated Features may, for example, suggest Items, Recipients, messages, occasions, or Merchants; personalize the content you see; assist with personal message drafting; or route and schedule deliveries. Outputs of Automated Features are recommendations, not guarantees, and may be incomplete or inaccurate. Recommendations may be informed by information about you or a Recipient obtained from the sources described in our Privacy Policy, including licensed data providers and publicly available sources, and you may exercise the choices described there. You are responsible for reviewing any suggestion, Item selection, or output before completing an order, relying on it, or transmitting it to a Recipient, and Gesture is not responsible for any User Content you choose to send that was drafted or suggested by an Automated Feature. Where required by applicable law, we will provide notice of, and any required opt-out from, automated decision-making that produces legal or similarly significant effects concerning you, as further described in our Privacy Policy.

(a) Communications You Receive. By creating a Gesture account or using the Technology or Services, you agree to: (i) accept and receive communications from or on behalf of Gesture, Merchants, Delivery Providers, partners, and third parties providing services to you or to Gesture, including via email, text message (including SMS, MMS, and RCS), direct message, chat, and calls, to the contact information you provide to Gesture when registering an account or using the Services; and (ii) receive communications via push notification or in-app messages in our mobile applications. You understand and agree that you may receive communications (including calls and text messages) that are generated by an automatic telephone dialing system or that deliver prerecorded, artificial-voice, or automated messages, sent by or on behalf of Gesture, Merchants, or Delivery Providers, including communications concerning orders you place or receive through your account. You further acknowledge that you may receive delivery notifications (including MMS or RCS messages) from Delivery Providers (for example, to confirm shipment or delivery of your order). Message and data rates may apply, and message frequency may vary. You may contact Gesture Support about any communication you receive at 1-347-960-2110 or support@gesture.vip. If the email address or phone number associated with your account changes, you agree to update your account information promptly so that we do not inadvertently send communications intended for you to another person; Gesture is not responsible for communications sent to contact information that you have not updated. (b) Categories of Messages. The communications described in this Section 9 may include, without limitation, commercial or marketing messages (see Section 24 for information about consumer marketing text messages), transactional or relationship messages (for example, messages about the availability of the Services, interruptions in service, security and fraud (including password reset messages), safety, responses to communications initiated by you, and updates to policies or legal agreements such as privacy policies and these Terms), newsletters, and messages relating to research, advocacy, or customer support (whether initiated by you or by us). You acknowledge that receiving commercial or marketing messages or calls is not a requirement or condition for you to use the Services. For purposes of clarity, any message (including a text message) or call you may receive from us, a Merchant, or a Delivery Provider regarding an order is a transactional message, not a commercial, marketing, or promotional message or call. (c) Communications You Authorize Us to Send on Your Behalf. When you use the Services to send an Item, you authorize Gesture to send notifications by email, text message (including SMS, MMS, or RCS), and other communication channels to the Recipient(s) you designate, on your behalf, regarding the order status, Recipient acceptance, Item delivery, delivery information, and other order-related updates. You assume full responsibility for the accuracy of any Recipient data you provide (including phone number and email address), and you represent and warrant that (i) you have all necessary rights and permissions, including any required consent, to provide such data to Gesture and to authorize Gesture to contact the Recipient on your behalf; (ii) you have a personal, business, or other bona fide relationship with the Recipient (or, if you are sending Items through a Business Account or as an Enterprise Client, your organization has the rights, consents, and lawful basis described in Section 2(d) to contact the Recipient); (iii) our outreach to the Recipient at your direction will not violate any federal or state law, including the TCPA; and (iv) if you know or reasonably should know that the Recipient is under 18, you have designated the Recipient’s parent or legal guardian as the person to be contacted for acceptance and delivery. Recipient notifications sent at your direction are informational, transactional messages sent on your behalf and are not marketing messages from Gesture; Gesture will not send marketing messages to a Recipient unless the Recipient separately consents. Invitations and notifications sent to campaign audiences on behalf of an Enterprise Client may be commercial messages under applicable law, and the Enterprise Client is responsible for ensuring that any consent required for such messages has been obtained. You agree to indemnify Gesture in accordance with Section 17 for any claim, demand, or liability arising from inaccurate Recipient information, from a Recipient’s claim that you lacked authority to provide their contact information to Gesture, or from a claim that our communications to the Recipient at your direction lacked valid consent. (d) Recipients and Campaign Audiences. If you are a Recipient, you may decline an Item as described in Section 2(e) and Section 12(c), and you may stop further Item notifications at any time by following the opt-out instructions in the notification (including by replying “STOP” to a text message) or by contacting support@gesture.vip. Declining an Item or opting out of notifications does not require you to create an account. If an Enterprise Client has included you in its campaign, your participation is voluntary and you may decline to participate. Whether or not you have an account, you may request access to or deletion of the information we hold about you by contacting privacy@gesture.vip or using the methods described in our Privacy Policy. Information about how we handle Recipient contact information, including for Recipients who never create an account, is described in our Privacy Policy. (e) Opt-Out Options. The opt-out options for communications are set out below. If you opt out of receiving communications through one channel, that opt-out will apply only to the specific channel for which the opt-out is submitted (for example, opting out of email communications does not opt you out of text messages): • For email communications that permit opting out (e.g., commercial or marketing messages), use the opt-out mechanism contained in the message. For transactional or relationship email messages, the only opt-out option is to delete your account. • To opt out of receiving transactional or relationship text messages (such as order updates), you can: (x) toggle off this type of message in your account settings; (y) reply “STOP” to a text message you receive; or you may also stop MMS or RCS messages sent by a Delivery Provider regarding a specific order by replying “STOP” to the message or by any other reasonable means; doing so may prevent the Delivery Provider from contacting you to complete the delivery. We will honor any reasonable request to stop receiving text messages within ten (10) business days. You acknowledge that opting out of transactional text messages may negatively impact your ability to receive timely order and platform updates, and Gesture shall not be liable for delivery failures resulting from your choice to opt out. • For phone calls, you can submit a request to be added to Gesture’s internal do-not-call list by making the request during the call or by contacting Gesture Support at 1-347-960-2110 or support@gesture.vip. • For push notifications, you can toggle off these notifications in the mobile application or in your device settings. • To opt out of all communications, the only option is to delete your account. Review our Privacy Policy for more information about our privacy practices, contact information, and opt-out options. You authorize your wireless carrier to use or disclose information about your account and your wireless device, if available, to Gesture or its service provider for the duration of your business relationship, solely to help identify you or your wireless device and to prevent fraud.

By creating a Gesture account or using the Technology or Services, you consent to the use of electronic records and electronic signatures to enter into this Agreement and to receive all related notices, disclosures, receipts, and records electronically. You agree that all terms and conditions, agreements, notices, disclosures, and other communications that Gesture provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You agree to keep your contact information, including email address, current. This Section does not affect your statutory rights. You have the right to receive disclosures in paper form. To withdraw your consent to receive electronic records, or to request a physical paper copy of any legal disclosure provided by Gesture, you must submit a written request to support@gesture.vip. Because the Services are delivered electronically, withdrawing your consent may result in the suspension or termination of your access to the Services. To view and retain a copy of this Agreement, you will need (a) a device (such as a computer or mobile phone) with a web browser and Internet access, and (b) either a printer or storage space on such device.

Gesture alone (and its licensors, where applicable) shall own all right, title, and interest, including all related intellectual property rights, in and to the Technology, the Services, and all data models, proprietary data structures, algorithmic architectures, software code, and metadata generated by or through the platform (excluding User Content, which is licensed to Gesture under Section 8). The scores, rankings, inferences, and other outputs generated by Gesture’s intelligence engine, and the methods used to generate them, are Gesture’s proprietary property; viewing them through the Services, whether by you or by an Enterprise Client, grants no license to them. Nothing in this Section limits any right you have under applicable law or our Privacy Policy to access, correct, or delete personal information about you, including inferences and scores. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Technology, the Services, or any intellectual property owned by Gesture. The Gesture name, the Gesture logos, the GESTURE, REACH360, and VIP CONNECTION KIT marks, and the product names associated with the Technology and Services are trademarks or pending trademarks of Gesture or third parties, the Technology may be covered by issued or pending patents, and no right or license is granted to use any of them. You agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Technology or the Services. Any utilization of the Technology or Services to replicate, mimic, reverse engineer, extract features from, or construct a competing marketplace model or derivative application is strictly prohibited. You may use someone else’s works only as permitted under exceptions or limitations to copyright and related rights under applicable law. Subject to your compliance with this Agreement, Gesture grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download and install a copy of our mobile applications on a mobile device that you own or control and to access and use the Services solely for your personal, non-commercial use (or, for Business Accounts, your internal business use), as permitted by the functionality of the Services.

(a) Charges. You agree to pay all charges associated with your orders, including the price of any goods or products ordered, applicable taxes, shipping and handling, delivery fees, service fees, tips, and any other fees disclosed at checkout. You authorize Gesture (or its third-party payment processor) to charge your designated payment method for all such amounts. As the Sender, you acknowledge that the amount billed may vary due to promotional offers, the particular products in each delivery, changes in applicable taxes or tax estimates, or other charges, and you authorize us to charge your payment method for the corresponding amount, including any temporary pre-authorization holds placed by Gesture or its payment processors prior to order fulfillment. Payment processing is provided by third-party payment processors (currently Stripe, Inc., and any other processor Gesture may engage from time to time), and your provision of payment information is also subject to the applicable processor’s terms and privacy policy, as identified in the Services. If your designated payment method is declined, expires, or otherwise fails, you authorize Gesture to charge any other payment method you have on file with us, and you authorize Gesture and its payment processors to obtain and use updated card credentials that your card issuer or payment network makes available. (b) Orders, Refunds, and Cancellations. All orders are subject to availability and acceptance by Gesture and the applicable Merchant. We reserve the right to impose quantity limits on any order, to reject all or part of an order, to discontinue offering certain products, and to substitute products of equal or greater value without prior notice; a substitution will never increase the amount charged to the Sender. Product images are illustrative, and minor variations in appearance or packaging are not defects. Delivery timeframes are estimates. Where delivery depends on the Recipient’s action (for example, redeeming a G-Link or accepting an Item as described in Section 2(e)), the Recipient must complete that action within seven (7) days after the order is placed, or within any different period disclosed at checkout (the “Redemption Period”). If the Recipient has not done so before 11:59 p.m. Eastern Time on the last day of the Redemption Period (the “Redemption Deadline”), the order will be cancelled and the Sender refunded in full, including any fees, taxes, and tip, to the original payment method, unless the Item is perishable or time-sensitive and different refund terms were disclosed at checkout. Risk of loss and title to an Item (other than alcohol, which is addressed in Section 16) pass to the Recipient upon delivery to the address provided. Perishable and time-sensitive Items may be subject to modified refund terms disclosed at checkout. Orders may be changed or cancelled for an applicable refund until the time of shipment or tender to the Delivery Provider, whichever occurs first. Unless Gesture agrees or states otherwise in writing, all other fees and charges are non-refundable. Nothing in this Section limits any refund right you have under applicable law. Where identification or a signature is required at delivery and the Recipient or another person at the delivery address fails to provide it, the Item may be treated as undeliverable, and Gesture will not honor a claim that the Item was not delivered. Under no circumstances are Recipients entitled to refunds or credits for unconfirmed or cancelled orders. If you initiate a groundless chargeback dispute with your credit card issuer or payment provider for a validly executed transaction, Gesture reserves the right to suspend or terminate your account, report the dispute to payment networks and fraud-prevention services as permitted by law, and seek recovery of the disputed funds along with any associated administrative fees, collection costs, and, to the extent permitted by law, reasonable attorneys’ fees. (c) Recipient Acceptance. When you place an order, the Recipient may have the option of accepting the originally selected product, exchanging it for an alternative product of equal or lesser value where available, or declining the Item. No Recipient is entitled to receive any product until the Sender has confirmed the final order and the product has been shipped, picked up, or dispatched. Except for alcohol and other age-restricted Items, which may be accepted only by the Recipient personally as provided in Section 16, any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery on behalf of the intended Recipient. If a Recipient declines an Item, or does not accept it before the Redemption Deadline described in Section 12(b), the order will be cancelled and the Sender refunded in full, including any fees, taxes, and tip, unless the Item is perishable or time-sensitive and different refund terms were disclosed at checkout. (d) Third-Party Charges. You are solely responsible for any fees or charges incurred to access the Services through an internet access provider or other third party, including data charges and charges to receive SMS, MMS, RCS, or other mobile messages. You agree that Gesture is not liable for any third-party charges. (e) Billing Disputes. If you believe you have been charged in error, you agree to contact Gesture at support@gesture.vip within sixty (60) days after the charge first appears on your statement so that we can investigate and, where appropriate, correct the charge. Nothing in this Section limits any rights you may have under applicable law, including your rights with respect to your card issuer.

(a) Promotional Gesture Cash and Promo Codes. Gesture, or an Enterprise Client (as defined in Section 13(d)) acting through Gesture, may, from time to time, offer promotional credits or discount codes at no charge (collectively, “Promotional Credits” or “Promo Codes”). Promotional Credits and Promo Codes are issued in Gesture’s sole discretion and are subject to any expiration date, redemption restriction, or other limitation disclosed at the time of issuance. Promotional Credits and Promo Codes expire only on the expiration date, if any, that is disclosed at the time of issuance and displayed in your account; if no expiration date is disclosed, they do not expire. Gesture reserves the right to attach an expiration date, redemption limit, eligibility condition, or campaign window to Promotional Credits and Promo Codes issued in the future, as disclosed at issuance. Promotional Credits issued in error or obtained through fraud or misuse may be revoked. Promotional Credits and Promo Codes have no cash value, are non-transferable, may not be sold or bartered, and may be modified, suspended, or terminated by Gesture at any time, in its sole discretion, without notice or liability. Promotional Credits and Promo Codes may not be combined with other offers unless expressly permitted, and may be void where prohibited. Gesture reserves the right to deactivate, cancel, or refuse redemption of any Promo Codes or Promotional Credits that are distributed via unauthorized third-party websites, public forums, or automated aggregators. Gesture and Enterprise Clients may make Promotional Credits, Promo Codes, discounts, or other offers available to some Users and not others, or in different amounts, and different Users may therefore pay different amounts for the same or similar Items. Unless an offer has also been made available to you, it has no bearing on your use of the Services or the charges applied to you, and it does not affect the price shown to you at checkout. Offers may be changed or withdrawn at any time without notice, except that an offer already applied to a confirmed order will be honored. (b) Purchased Gesture Cash and Stored-Value Balances. If Gesture offers stored-value balances that are purchased for money or received as a monetary gift (“Purchased Gesture Cash”), then, notwithstanding Section 13(a), Purchased Gesture Cash will not expire and will not be subject to dormancy, inactivity, or service fees except to the extent expressly permitted by applicable federal and state gift card laws. Purchased Gesture Cash is redeemable only for goods and services through the Services, is not redeemable for cash except where required by applicable law, and is subject to any additional stored-value balance terms presented at the time of purchase. “Gesture Cash” refers collectively to Promotional Credits and Purchased Gesture Cash, and Gesture will identify in your account which category applies to any balance. Gesture Cash is not a bank account or deposit, does not earn interest, and is not insured by the Federal Deposit Insurance Corporation. Gesture may impose per-transaction, daily, or velocity limits on the issuance, loading, or redemption of Gesture Cash for fraud-prevention and compliance purposes. (c) Referrals. Gesture may operate referral programs from time to time. The terms of each referral program, including eligibility requirements, referral bonuses, and qualifying actions, will be communicated to you at the time of the offer. To participate, you must comply with all applicable laws, regulations, and guidelines (including the CAN-SPAM Act, the TCPA, and applicable anti-spam laws). Bulk email or text distribution and any use of automated devices or third-party services to make referrals is prohibited. You must send referral messages only to eligible people you personally know and limit your referrals to a reasonable number. Any use of the referral program that could constitute unsolicited commercial messaging, or that otherwise violates any restriction imposed by Gesture, is grounds for immediate exclusion from the program and for forfeiture of any unearned or unpaid referral bonus. You shall indemnify and hold Gesture harmless in accordance with Section 17 from any and all regulatory fines, damages, or costs arising from your violation of anti-spam or telemarketing laws in connection with your use of the referral program. Gesture may withhold or reclaim any referral bonus and may withdraw your ability to refer new Users if we believe, in our sole discretion, that you are engaged in fraud, misuse, or abuse of the program. Gesture reserves the right to change or modify the terms of any referral program at any time in its sole discretion. (d) Enterprise Client Campaigns. Gesture runs campaigns on behalf of organizations that invite people to Gesture: educational institutions (“Institutions”), hospitality businesses (“Hosts”), and commercial brand partners (“Brand Partners”) (each, an “Enterprise Client”). An Enterprise Client provides Gesture with the contact information of the people it invites, and Gesture processes that information on the Enterprise Client’s behalf, as its service provider, as described in our Privacy Policy. Gesture may deliver an Enterprise Client’s gift, kit, or other Item (a “Campaign Item”) to you before you register; you do not need to create an account or accept this Agreement to receive it. Each Campaign Item invites you to register with Gesture to continue the experience in the App, and registration is voluntary. A campaign may include Enterprise Client branding, Enterprise Client-funded Promotional Credits, gated or limited redemptions, timed unlocks, and custom welcome content. Enterprise Client-funded Promotional Credits are presented as coming from the Enterprise Client, and the Enterprise Client determines funding amounts, eligibility conditions, and campaign duration. Gesture is not responsible for any commitment made to you by an Enterprise Client outside the Services. Your participation is voluntary and has no effect on your employment, your education, or any benefit you receive from the Enterprise Client. Before you register, the Enterprise Client that invited you sees only your delivery status, whether you have registered, and statistics about its campaign that do not identify you. When you register, you will be told that the Enterprise Client will be able to see the scores, rankings, and inferences Gesture generates about you for that campaign, together with your activity in that campaign, and that Gesture may use information you provide for enrichment and to improve its Services, as described in our Privacy Policy. An Enterprise Client never sees data Gesture licenses from third-party data providers, and never receives your account credentials, payment information, personal messages, or your activity outside its campaign. Where the campaign configuration permits, you may exit an Enterprise Client campaign and use the standard features of the App. Enterprise Clients are Business Accounts for purposes of Section 2(d), and contact data an Enterprise Client provides is subject to the representations in that Section.

PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH GESTURE AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 14 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE “ARBITRATION AGREEMENT.” (a) Scope of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any advertising or marketing communications regarding Gesture or the Services, to any products or services sold or distributed through the Services, or to any aspect of your relationship or transactions with Gesture will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Gesture may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement. CASES MAY BE FILED AGAINST GESTURE IN THE FUTURE THAT ATTEMPT TO ASSERT CLASS ACTION CLAIMS. BY ACCEPTING THIS ARBITRATION AGREEMENT, YOU ELECT NOT TO PARTICIPATE IN SUCH CASES. IF YOU AGREE TO ARBITRATION WITH GESTURE, YOU ARE AGREEING IN ADVANCE THAT YOU WILL NOT PARTICIPATE IN OR SEEK TO RECOVER MONETARY OR OTHER RELIEF IN ANY SUCH CLASS, COLLECTIVE, OR REPRESENTATIVE LAWSUIT. INSTEAD, BY AGREEING TO ARBITRATION, YOU MAY BRING YOUR CLAIMS AGAINST GESTURE IN AN INDIVIDUAL ARBITRATION PROCEEDING. IF SUCCESSFUL ON SUCH CLAIMS, YOU COULD BE AWARDED MONEY OR OTHER RELIEF BY AN ARBITRATOR. (b) Informal Resolution. You and Gesture agree that good-faith informal efforts to resolve disputes often can result in a prompt, low-cost, and mutually beneficial outcome. Before either you or Gesture demands arbitration against the other, we will personally meet and confer, via telephone or videoconference, in a good-faith effort to resolve informally any claim covered by this Arbitration Agreement. If you are represented by counsel, your counsel may participate, but you shall also fully participate. The party initiating the claim must give notice to the other party in writing of its intent to initiate an informal dispute resolution conference, which shall occur within sixty (60) days after the other party receives such notice, unless an extension is mutually agreed upon. To notify Gesture, email legal@gesture.vip with your name, the telephone number associated with your Gesture account (if any), the email address associated with your Gesture account, and a description of your claim. Engaging in an informal dispute resolution conference is a requirement that must be fulfilled before commencing arbitration, and an arbitrator shall have no authority to hear or preside over any dispute unless this condition precedent has been satisfied. 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. (c) Arbitration Rules and Forum. This Arbitration Agreement is governed by the Federal Arbitration Act (“FAA”) in all respects. If for any reason the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. Before a party may begin an arbitration proceeding, that party must send notice of an intent to initiate arbitration certifying completion of the informal dispute resolution conference pursuant to Section 14(b). If this notice is being sent to Gesture, it must be sent by email to the counsel who represented Gesture in the informal dispute resolution process, or, if there was no such counsel, then by mail to Chief Legal Officer, Gesture US, Inc., 1412 Broadway, Floor 21, New York, NY 10018, with a copy by email to legal@gesture.vip. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules and, where applicable, its Mass Arbitration Supplementary Rules, each as in effect when the arbitration is commenced (the “AAA Rules”), which are available at www.adr.org, and pursuant to this Agreement. The arbitration demand must include (1) the name, telephone number, mailing address, and email address of the party seeking arbitration; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy, enumerated in U.S. Dollars; and (4) the signature of the party seeking arbitration. If the AAA is not available to arbitrate, the parties will mutually select an alternative arbitral forum. If a party files an arbitration demand with any provider other than the AAA or the alternative forum selected under this Section, that provider shall dismiss the demand, and any dispute regarding which provider is to administer an arbitration shall be decided by a court of competent jurisdiction under Section 21 and not by an arbitrator, with the arbitration stayed pending the court’s decision. The parties agree that Federal Rule of Civil Procedure 11(b), including its sanctions provisions, applies to every demand, submission, and filing in the arbitration, and that Federal Rule of Civil Procedure 68 applies, such that if a party rejects a written offer of judgment and the final award is not more favorable to that party than the offer, that party shall pay the costs, including reasonable attorneys’ fees, incurred by the offering party after the offer was made, in each case to the extent permitted by applicable law and the AAA Rules. The arbitration may be conducted by telephone, video conference, or based on written submissions. Any in-person hearing will be held in New York, New York, unless the AAA Rules or applicable law require otherwise or the parties agree to another location. If the arbitrator finds that you cannot afford to pay the AAA’s filing, administrative, hearing, or other fees and cannot obtain a waiver from the AAA, Gesture will pay them for you. (d) Arbitrator Powers. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable; provided, however, that a court shall decide any dispute regarding the validity or enforceability of Section 14(f) (Waiver of Class or Consolidated Actions) and any dispute regarding which arbitration provider is to administer an arbitration under Section 14(c). All disputes regarding the payment of arbitrator or arbitration-organization fees, including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator. Except as expressly agreed to in Section 14(g), the arbitration proceeding will not be consolidated with any other matters or joined with any other proceedings or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute and to award, on an individual basis, monetary damages and any non-monetary remedy or relief available under applicable law. The arbitrator will issue a written statement of decision describing the essential findings and conclusions, including the calculation of any damages awarded. The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or proceeding. Either party may appeal an award in which the amount awarded exceeds $100,000 to a three-arbitrator appellate panel under the AAA’s Optional Appellate Arbitration Rules by filing a notice of appeal within thirty (30) days after the award; the appellate panel’s decision shall be final and binding. Subject to the foregoing, the arbitrator’s decision is final and binding, and judgment on the award may be entered in any court of competent jurisdiction. (e) Waiver of Jury Trial. YOU AND GESTURE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND RECEIVE A JUDGE OR JURY TRIAL. You and Gesture are instead electing to have claims and disputes resolved by arbitration, except as specified in Section 14(a). There is no judge or jury in arbitration, and court review of an arbitration award is limited. (f) Waiver of Class or Consolidated Actions. EXCEPT AS EXPRESSLY AGREED TO IN SECTION 14(g), YOU AND GESTURE AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, EXCEPT AS SET FORTH IN SECTION 14(g). If this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor Gesture is entitled to arbitration of such claim or dispute, and all such claims and disputes will instead be resolved in a court as set forth in Section 21. This provision does not prevent you or Gesture from participating in a class-wide settlement of claims. (g) Batch Arbitration. To increase efficiency of resolution, in the event twenty-five (25) or more similar arbitration demands against Gesture, presented by or with the assistance of the same law firm, group of law firms, network, or organization, are submitted to an arbitration provider selected in accordance with the rules described above within a sixty (60) day period, the arbitration provider shall (i) group the arbitration demands into batches of no more than 25 demands per batch (plus, to the extent there are fewer than 25 arbitration demands remaining, a final batch consisting of the remaining demands); and (ii) provide for resolution of each batch as a single arbitration with one set of filing and administrative fees and one arbitrator assigned per batch. You agree to cooperate in good faith with Gesture and the arbitration provider to implement such a batch approach. If this Section 14(g) is found to be unenforceable or invalid as to a particular batch or individual, it shall be severed, and all remaining batches and claims shall continue to be arbitrated under these batched procedures. (h) Opt-Out Procedure. You may opt out of this Arbitration Agreement by sending written notice of your decision to opt out to Chief Legal Officer, Gesture US, Inc., 1412 Broadway, Floor 21, New York, NY 10018, or by email to legal@gesture.vip, within thirty (30) days after first accepting this Agreement. Your notice must include your name, your address, the email address and phone number associated with your Gesture account, and a clear statement that you wish to opt out of arbitration. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter into in the future, with Gesture. If you opt out, all other provisions of this Agreement, including Section 21 (Exclusive Venue), will continue to apply. (i) Survival. This Arbitration Agreement will survive any termination of your relationship with Gesture. (j) Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Gesture makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Gesture, and you may reject the change by sending written notice to legal@gesture.vip within thirty (30) days of the change becoming effective, in which case the version of this Arbitration Agreement that you most recently accepted will continue to govern.

(a) Third-Party Websites, Applications, and Advertisements. The Services may contain links to third-party websites (“Third-Party Websites”), third-party applications (“Third-Party Applications”), and third-party advertisements (“Third-Party Advertisements,” and collectively with Third-Party Websites and Third-Party Applications, “Third-Party Sites & Ads”). When you click on a link to a Third-Party Site or Ad, Gesture will not warn you that you have left Gesture’s websites or Services or that you are subject to the terms and conditions (including privacy policies) of another website or destination. Third-Party Sites & Ads are not under the control of Gesture. Gesture is not responsible for any Third-Party Sites & Ads and does not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Sites & Ads or their products or services. You use all links to Third-Party Sites & Ads at your own risk. You should review the terms, policies, and privacy and data-gathering practices of any Third-Party Site or Application before proceeding with any transaction with any third party. To the maximum extent permitted by law, you expressly release Gesture from any and all liability, damages, performance failures, or data security incidents arising out of or related to your interaction with, or procurement of goods or services from, any Third-Party Sites & Ads. (b) App Stores. You acknowledge and agree that the availability of the Software and the Services is dependent on the third party from which you received the application license (for example, the Apple App Store or Google Play Store) (each, an “App Store”). You acknowledge that this Agreement is between you and Gesture and not with the App Store. Gesture, not the App Store, is solely responsible for the Software and the Services, including the mobile applications, the content thereof, maintenance, support services, and warranty therefor, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). To use the Software and the Services, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Software or the Services. Your license to use the Software and the Services is conditioned upon your compliance with all applicable third-party terms of agreement (including the App Store’s terms and policies). You acknowledge and agree that each App Store (and its affiliates) is an intended third-party beneficiary of this Agreement and has the right to enforce the terms and conditions of this Agreement. Additional App Store terms are set forth in Section 25(f). (c) Social Media. Gesture maintains certain social media pages for the benefit of the Gesture community. By posting, commenting, or otherwise interacting with these pages, you agree to abide by our Social Media Community Guidelines.

You may have the option to request delivery of alcohol or other age-restricted products in some locations and from certain Merchants. If your delivery occurs in the United States, you agree that you will only order, send, or receive alcohol or other age-restricted products if you are 21 years of age or older, or, in the case of other age-restricted products, of the applicable legal age. You agree that, upon delivery of alcohol or other age-restricted products, the Recipient will be physically present to accept the delivery personally, will provide valid government-issued identification proving age, and will not be intoxicated at the time of delivery, and you agree to inform the Recipient of these conditions. Alcohol and other age-restricted products will not be left unattended or at the door. You may not send alcohol or other age-restricted products to a Recipient who is not of legal age to receive them, or to an address where their delivery, possession, or consumption is prohibited by law. If you order alcohol or other age-restricted products, you understand and acknowledge that Gesture cannot accept the order, and the order will only be delivered if the Licensee (as defined below) accepts your order. The Licensee, or the Delivery Provider (whether engaged by the Licensee or by Gesture), reserves the right to refuse delivery if the Recipient is not of legal age, cannot provide valid government-issued identification, has a name on the identification that does not match the order (where a match is required by applicable law or the Merchant), is visibly intoxicated, or is not physically present to accept the delivery personally. If the Licensee or the Delivery Provider is unable to complete the delivery of alcohol or other age-restricted products for any of these reasons, that portion of the order will be returned to the Licensee, and the Sender will be refunded the price of that portion less a $50 restocking fee, which you agree represents a reasonable estimate of the specialized return transportation and administrative costs incurred by the Licensee and the Delivery Provider and is not a penalty. Any other Items in the same order will be delivered where practicable or, if not practicable, refunded to the Sender. Campaign Items delivered on behalf of an Enterprise Client may include alcohol or other age-restricted products, and the age, identification, and physical-presence requirements of this Section apply to those deliveries. Gesture does not itself sell alcohol or operate as a licensed alcoholic beverage retailer, broker, or distributor. With respect to alcohol, the Services enable Senders to facilitate the purchase of alcohol products from licensed alcohol beverage retailers (“Licensees”) and to arrange delivery to the Recipient. Licensees are solely responsible for selecting the products offered, setting prices, verifying age and identity as required by law, accepting or rejecting orders, and fulfilling orders. Title to and ownership of all alcohol products passes from the Licensee to the purchaser at the location and in the state in which the alcohol is purchased. Delivery of alcohol is performed by the Licensee or by a Delivery Provider engaged by the Licensee or, from time to time, by Gesture, in each case licensed or permitted to transport alcohol where required by law. Where Gesture arranges delivery, it does so solely through a contracted Delivery Provider and in full compliance with applicable state and local law; Gesture does not itself take title to, sell, or serve alcohol. Alcohol delivery is available only where permitted by applicable state and local law, and you represent that you will not order alcohol or other age-restricted Items for delivery to an area where such delivery, possession, or consumption is prohibited by law.

You agree to indemnify and hold harmless Gesture and its officers, directors, employees, agents, and affiliates (each, an “Indemnified Party”), from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including reasonable attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to, or resulting from (a) your User Content (including any claims that User Content generated by you through artificial intelligence tools infringes third-party proprietary or intellectual property rights); (b) Recipient contact information you provided or your authorization for us to contact Recipients on your behalf (including any statutory claims, class actions, or regulatory penalties brought under the TCPA or related telephonic privacy laws); (c) your misuse of the Software or Services; (d) your breach of this Agreement or any representation, warranty, or covenant in this Agreement; (e) your violation of any applicable laws, rules, or regulations through or related to your use of the Software or Services; or (f) any contact lists, data, or materials that you or your organization uploaded or provided to Gesture without the rights, consents, notices, or lawful basis required by Section 2(d) or Section 9(c). In the event of any claim, allegation, suit, or proceeding alleging any matter potentially covered by this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys’ fees. Gesture reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate in asserting any available defenses. This Section does not require you to indemnify any Indemnified Party for any unconscionable commercial practice by such party, or for such party’s negligence, fraud, deception, false promise, misrepresentation, or concealment or omission of any material fact in connection with the Software or Services. This Section will survive any termination of your account, this Agreement, or your access to the Software or Services.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, YOUR USE OF THE SOFTWARE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. CHANGES ARE PERIODICALLY MADE TO THE SOFTWARE AND SERVICES AND MAY BE MADE AT ANY TIME WITHOUT NOTICE TO YOU. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. GESTURE MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT, AUTOMATED FEATURES, OR ALGORITHMIC FEATURES MADE AVAILABLE THROUGH THE SOFTWARE OR SERVICES. GESTURE DOES NOT WARRANT THAT THE OUTPUTS, RECOMMENDATIONS, OR PROMPTS GENERATED BY ANY AUTOMATED FEATURES OR ARTIFICIAL INTELLIGENCE MODELS INTEGRATED INTO THE SERVICES WILL BE ACCURATE, ERROR-FREE, UNINTERRUPTED, SECURE, OR COMPLIANT WITH INDIVIDUAL USER EXPECTATIONS, AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH FEATURES IS ASSUMED BY YOU. GESTURE DOES NOT WARRANT THAT THE SOFTWARE OR SERVICES WILL OPERATE ERROR-FREE OR THAT THE SOFTWARE OR SERVICES ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL MALWARE. IF YOUR USE OF THE SOFTWARE OR SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, GESTURE SHALL NOT BE RESPONSIBLE FOR THOSE ECONOMIC COSTS. GESTURE MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES SOLD BY MERCHANTS OR DELIVERED BY DELIVERY PROVIDERS; ANY WARRANTY RELATING TO SUCH GOODS IS PROVIDED, IF AT ALL, SOLELY BY THE APPLICABLE MERCHANT OR MANUFACTURER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

The Software and Services may be subject to limitations, delays, and other problems inherent in the use of the Internet, wireless and cellular networks, third-party cloud hosting infrastructure, API endpoints, and electronic communications. Except as set forth in Gesture’s Privacy Policy or as otherwise required by applicable law, Gesture is not responsible for any delays, delivery failures, algorithmic downtime, tracking errors, or damage, loss, or injury resulting from such problems, including any disruptions to real-time order processing or delivery dispatch mechanisms caused by infrastructure outages, events of force majeure, or other causes outside of Gesture’s direct control.

(a) General. You understand and agree that a key element of the Services and this Agreement is your and our mutual desire to keep the Services simple and efficient, and to provide the Software and Services at low cost. You understand and agree to the limitations on remedies and liabilities set forth in this Section 20 to keep the Software and Services simple and efficient, and costs low, for all Users. (b) CAP ON LIABILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, GESTURE’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE GREATER OF $100 OR THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU TO GESTURE IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. THIS CAP ON LIABILITY SHALL APPLY TO RESIDENTS OF NEW JERSEY ONLY TO THE EXTENT PERMITTED BY LAW. (c) DISCLAIMER OF CERTAIN DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, GESTURE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, AND LOSS OF DATA, REVENUE, USE, PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, AND ECONOMIC ADVANTAGE). THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE ENTIRE DISCLAIMER OF DAMAGES FOR PERSONAL INJURY OR PROPERTY DAMAGE, OR FOR ANY INJURY CAUSED BY GESTURE’S FRAUD OR FRAUDULENT MISREPRESENTATION, SHALL NOT APPLY TO USERS WHO RESIDE IN THE STATE OF NEW JERSEY. (d) Basis of the Bargain; Exceptions. The limitations in this Section 20 apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Gesture has been advised of the possibility of such damage, and will apply to the fullest extent permitted by law even if a remedy fails of its essential purpose. Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for Gesture’s gross negligence, willful misconduct, or fraud. Some jurisdictions do not allow the limitation or exclusion of certain damages, so some of the above limitations may not apply to you.

To the extent the parties are permitted under this Agreement to initiate litigation in a court (including to pursue small claims court actions, to seek preliminary relief for infringement or misuse of intellectual property rights, or to compel arbitration or confirm, enforce, or vacate an arbitral award), you and Gesture agree that all such claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in New York County, New York, or, at Gesture’s sole election, the state or federal courts located in the judicial district of your primary residence. You and Gesture consent to the personal jurisdiction of, and waive any objection to venue in, such courts. Nothing in this Section prevents you from bringing a qualifying claim in the small claims court for the county in which you reside.

(a) Termination by Gesture. If you violate this Agreement, Gesture may respond based on a number of factors, including the egregiousness of your actions and whether a pattern of harmful behavior exists. In addition, in its sole discretion, Gesture may modify or discontinue the Software or Services, or may modify, suspend, or terminate your access to the Software or Services, for any reason, with or without notice to you (except where applicable law requires notice, in which case we will provide the notice and any statement of reasons that the law requires) and without liability to you or any third party; provided that, if we terminate your account for reasons other than your breach of this Agreement or applicable law, we will refund any unused Purchased Gesture Cash to the extent required by applicable law. In addition to suspending or terminating your access, Gesture reserves the right to take appropriate legal action, including pursuing civil, criminal, or injunctive redress. Even after your right to use the Software or Services is terminated, this Agreement will remain enforceable against you. All provisions which by their nature should survive shall survive the termination of this Agreement, including Sections 8, 11, 14, 17, 18, 20, 21, and 25. (b) Account Deletion by You. You may request deletion of your account at any time by emailing support@gesture.vip or by using any account deletion feature available in the Services. When you request to delete your account, the deletion process will be processed and completed within forty-five (45) days of verification of your request, unless an extension is permitted or required under applicable state or federal data privacy laws, in which case we will notify you of the extension. After content is deleted from our active production systems, it may take us up to an additional ninety (90) days, or such other period as permitted by applicable data privacy laws, to remove it or completely anonymize it from backups and disaster-recovery systems. (c) Exceptions to Deletion. Content will not be deleted within the standard timeline where an exception permitted by applicable law applies, including where (i) your content has been used by others in accordance with the license granted under this Agreement and they have not deleted it (in which case this license will continue to apply until that content is deleted); (ii) deletion within the standard timeline is not technically feasible due to systemic data complexities (in which case we will complete the deletion as soon as technically feasible); or (iii) deletion would restrict our ability to investigate or identify illegal activity or violations of our terms and policies, protect the safety and security of our products, systems, and Users, complete a transaction you requested, comply with a legal obligation (such as the preservation of evidence or tax and accounting recordkeeping), or comply with a request of a judicial or administrative authority, law enforcement, or a government agency. Deleting your account does not delete personal messages or other User Content that you have already transmitted to a Recipient and that the Recipient has retained. Our Privacy Policy describes your data rights in more detail.

It is Gesture’s policy to terminate membership privileges of any User who repeatedly infringes copyright upon prompt notification to Gesture by the copyright owner or the copyright owner’s legal agent. If you believe that your work has been copied and posted on the Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (b) a description of the copyrighted work that you claim has been infringed; (c) a description of the location on the Services of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for Gesture’s Copyright Agent, as designated with the U.S. Copyright Office, for notice of claims of copyright infringement is as follows: Curtis Sobel, Chief Legal Officer, Gesture US, Inc., 1412 Broadway, 21st Floor, New York, NY 10018; Telephone: 631-897-1406; Email: curtis@gesture.vip. You may also send a copy of any notice to legal@gesture.vip. For a notice of copyright infringement to be effective under the Digital Millennium Copyright Act (“DMCA”), you must provide the required written information to the email or physical address listed above. You acknowledge that if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your notice may not be valid. If you believe that your User Content was removed or disabled by mistake or misidentification, you may submit a counter-notification to our Copyright Agent containing the information required by Section 512(g)(3) of the DMCA.

This Section 24 only applies to United States consumers who request, agree, sign up, or otherwise consent to receive consumer marketing text messages (“Opt In”). You authorize us to send consumer marketing text messages, including text messages sent via an automatic telephone dialing system or using an artificial or prerecorded voice, to the phone number associated with your Opt In. Consumer marketing text messages include, by way of example, messages that contain promotional offers or discounts, messages related to goods and services offered by Gesture, messages about new product or feature launches, messages reminding you of upcoming occasions, or messages informing you that you still have items in your cart or have a pending Item to send. You do not have to Opt In as a condition of purchase or of signing up for, accessing, using, or continuing to use the Gesture platform. You confirm that you are the subscriber to the relevant phone number or that you are the customary user of that number and that you are authorized to Opt In. If you change or deactivate your phone number, you agree to update your Gesture account to help prevent us from inadvertently communicating with anyone who acquires your prior phone number. To stop or unsubscribe from receiving consumer marketing text messages, either reply to such a message with “STOP” or text “STOP” to the phone number containing the marketing message and the phone number associated with your Opt In will be unsubscribed from consumer marketing text messages. We will also honor any other reasonable request to stop receiving marketing text messages, such as a request sent to support@gesture.vip. You may receive one text message to confirm that you have been unsubscribed. If you are experiencing issues with consumer marketing text messages, either reply to such a message with “HELP” or text “HELP” to the phone number containing the marketing message and the phone number associated with your Opt in will be unsubscribed from consumer marketing text messages. For customer support, call 1-347-960-2110 or email support@gesture.vip. Text messaging services are provided on an “as-is” basis, and we do not guarantee uninterrupted or error-free transmission, nor are we or wireless carriers liable for delayed or undelivered messages. Message and data rates may apply. Message frequency may vary. We may stop sending consumer marketing text messages to you at any time with or without notice. See our Privacy Policy for how we handle your information. Carriers are not liable for delayed or undelivered messages.

(a) No Joint Venture or Partnership. No joint venture, partnership, employment, or agency relationship exists between you, Gesture, or any third-party provider as a result of this Agreement or use of the Software or Services. (b) Choice of Law. This Agreement is governed by the laws of the State of Delaware, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of any other jurisdiction. Nothing in this Section deprives you of the protection of any mandatory consumer protection law of the state in which you reside, including the State of New York, that cannot be waived by contract, and nothing in this Section is intended to displace the application of New York law to the extent required by New York General Business Law Article 22-A or other New York statutes that apply regardless of a contractual choice of law. (c) Severability. Except as otherwise provided in this Agreement, if any provision of this Agreement is found to be invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity or enforceability of the remaining provisions of this Agreement, which shall remain in full force and effect. (d) No Waiver. Unless otherwise required by law, any delay or failure of either party to enforce or insist upon strict compliance with any provision of this Agreement, or to assert or exercise any right, power, or privilege under any provision of this Agreement, shall not be construed as a waiver of such provision nor prevent that party thereafter from enforcing such provision or any other provision of this Agreement. (e) Consumer Complaints. You may report complaints to the New York City Department of Consumer and Worker Protection by contacting them in writing at NYC Department of Consumer and Worker Protection, 42 Broadway, New York, NY 10004, or by calling 311 (or (212) 639-9675 from outside New York City). For United States consumers who are residents of the State of California, and in accordance with California Civil Code § 1789.3, you may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210. (f) Accessing and Downloading the Application from the Apple App Store or Google Play Store. The following applies to any Software accessed through or downloaded from the Apple App Store or Google Play Store (an “App Store Sourced Application”): (i) you acknowledge and agree that this Agreement is concluded between you and Gesture only, and not Apple or Google, and that Gesture, not Apple or Google, is solely responsible for the App Store Sourced Application and its content, and that your use of the App Store Sourced Application must comply with the App Store’s terms of service; (ii) you acknowledge that Apple or Google has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application; (iii) in the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple or Google, and Apple or Google will refund the purchase price (if any) for the App Store Sourced Application to you, and to the fullest extent permitted by law, Apple or Google will have no other warranty obligation whatsoever with respect to the App Store Sourced Application, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Gesture; (iv) you and Gesture acknowledge that, as between Gesture and Apple or Google, Apple or Google is not responsible for addressing any claims you or any third party have relating to the App Store Sourced Application, including product liability claims, claims that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation; (v) in the event of any third-party claim that the App Store Sourced Application or your possession and use of it infringes that third party’s intellectual property rights, Gesture, not Apple or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such infringement claim; (vi) you and Gesture acknowledge and agree that Apple and Google (and their subsidiaries) are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple and Google will have the right to enforce this Agreement against you as a third-party beneficiary; and (vii) without limiting any other term of this Agreement, you must comply with all applicable third-party terms of agreement when using any App Store Sourced Application. (g) Notice. Where Gesture requires that you provide an email address, you are responsible for providing Gesture with your most current email address. In the event that the last email address you provided to Gesture is not valid or, for any reason, is not capable of delivering to you any notices required or permitted by this Agreement, Gesture’s dispatch of the email containing such notice will nonetheless constitute effective notice. Except as otherwise specified in this Agreement (including Section 14), you may give notice to Gesture through the following email address: support@gesture.vip. Such notice shall be deemed given on the next business day after such email is actually received by Gesture. (h) Transfer and Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Gesture without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement binds and inures to the benefit of each party and its successors and permitted assigns. (i) Subcontracting. Gesture may subcontract any of its obligations under this Agreement without your prior written consent. (j) Variation of Websites or Technology. We may from time to time vary, modify, or discontinue, temporarily or permanently, any or all of our websites, the Software, or the Technology. (k) Use Only Where Legally Allowed; Export Controls. You shall not access or use any portion of the Services if you are not legally allowed to do so where you are located. You agree to comply with all applicable U.S. export control and economic sanctions laws in connection with your use of the Services. (l) Force Majeure. Gesture shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, epidemics, war, terrorism, civil unrest, labor disputes, governmental action, utility or telecommunications failures, or the acts or omissions of Merchants, Delivery Providers, or other third parties. (m) Entire Agreement. This Agreement (including the Additional Terms) is the final, complete, and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. However, nothing in this Agreement shall supersede, amend, or modify the terms of any separate agreement(s) between you and Gesture relating to your employment or services, or any separate written agreement between Gesture and a Business Account holder. (n) Headings; Interpretation. Section headings are for convenience only and do not affect interpretation. The words “include” and “including” mean “including without limitation.”