Terms of Service

Effective Date: October 24, 2026

• Who are we and what do we offer?
• Definitions
• Important information to use the Website
• What Services are offered on the Website?
• What are the conditions of use of the Website?
• How do I order Product(s) on the Website?
• What are the delivery terms?
• How do I pay on the Website?
• Can I change my mind?
• What warranties apply to Product(s) bought on the Website?
• How do I communicate with Gizmara or make a claim?
• What about personal data?
• How do I close my account?
• How can I review Products?
• What about liability for Products and Services?
• What about the user’s liability?
• Applicable law and dispute resolution
• Miscellaneous

Article 1. Who are we and what do we offer?

1.1 Gizmara (hereinafter referred to as “GIZMARA”), 1196 1st Ave, New York, NY 10065, USA, operates a Website through which Buyers can purchase refurbished Product(s) directly from GIZMARA. Contact details: support@gizmara.com, +1 (475) 454-1622. Customer support hours are Monday to Friday, 9:00 AM to 5:00 PM Eastern Time.

1.2 GIZMARA acts as the Seller of the Products offered on the Website. Unless otherwise specified, GIZMARA is not a brand owner’s distributor of Products.

1.3 The purpose of these general terms of service (the “Terms of Service”) is to define (i) the rules applicable to access the Website and use the Services offered on the Website and (ii) the conditions of sale that apply between a Buyer and GIZMARA for the purchase of Product(s) on the Website.

Article 2. Definitions

Unless otherwise defined in these Terms of Service, capitalized terms used in these Terms of Service in either singular or plural form have the following meanings:

Buyer means any natural person or legal entity that is using the Website to purchase Product(s) for non-commercial purposes. Natural person(s) must be 16 years old or older to be able to purchase Product(s) on the Website and have the capacity to take legal actions or have the authority of their parent or legal guardian to transact if they are under 18 years old.

Website means the internet website operated by GIZMARA through which Buyers can purchase Product(s).

Product(s) means product(s) sold on the Website. Unless otherwise specified, products sold on the Website are refurbished products: they have been inspected, tested and restored to working order. They are not new.

Product Sheet means a description of a Product, as provided by GIZMARA and displayed on the Website, including the Product’s specifications, its condition and what is included in the box.

Seller means GIZMARA.

Services means the services and resources available on the Website, as further described in Article 4.

User means any natural person or legal entity that accesses the Website for non-commercial purposes, regardless of whether such person or entity has a customer account.

Article 3. Important information to use the Website

3.1 PLEASE READ THESE TERMS OF SERVICE CAREFULLY. If needed, these Terms of Service can be downloaded or printed from the Website so that Users can keep a copy and refer to them as necessary.

BY ACCESSING OR USING THE WEBSITE IN ANY WAY, INCLUDING USING THE SERVICES OFFERED BY GIZMARA ON THE WEBSITE, COMPLETING THE REGISTRATION PROCESS, PLACING AN ORDER AND/OR BROWSING THE WEBSITE, THE USER REPRESENTS THAT:

(1) THEY HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE; AND

(2) THEY HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF THE LEGAL ENTITY THEY HAVE NAMED AS USER, AND TO BIND THAT LEGAL ENTITY TO THE TERMS OF SERVICE.

3.2 THESE TERMS OF SERVICE INCLUDE (1) THE USER’S AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY (ARTICLE 15); (2) THE USER’S CONSENT TO RELEASE GIZMARA FROM LIABILITY (ARTICLE 15); AND (3) THE USER’S AGREEMENT TO INDEMNIFY GIZMARA FOR ANY MISUSE OF THE SERVICES (ARTICLE 16). THESE TERMS OF SERVICE INCLUDE A CLASS ACTION WAIVER AND A WAIVER OF JURY TRIAL AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (ARTICLE 17).

3.3 GIZMARA MAY MODIFY THESE TERMS OF SERVICE AT ITS SOLE DISCRETION AT ANY TIME. When changes are made, GIZMARA will make a new version of the Terms of Service available on the Website and will update the effective date above. Changes apply to orders placed after the update. PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE CURRENT TERMS OF SERVICE.

3.4 These Terms of Service are supplemented by various contractual documents, such as the Return & Refund Policy, the Privacy Policy and the Gizmara 1-Year Limited Warranty, available on the Website. In the event of a conflict between these documents, the following order of priority shall apply: (a) the Return & Refund Policy shall prevail over these Terms of Service only in respect of the conditions of returns and refunds; and (b) the Gizmara 1-Year Limited Warranty shall prevail over these Terms of Service only in respect of the conditions of the warranty.

Article 4. What Services are offered on the Website?

GIZMARA offers various Services:

To Users, GIZMARA offers access to and use of its Website, an optional customer account, a secure payment method, and several quality services that are detailed on the Website, such as order tracking, returns handling and warranty support. GIZMARA does not currently charge Buyers a separate service fee; if a service fee is introduced, its exact amount will be specified to the Buyer before they confirm the order.

GIZMARA is the only person liable for the Product(s) sold to the Buyer.

Article 5. What are the conditions of use of the Website?

5.1 The User needs an email address and a password to create a customer account. Login credentials are strictly personal and the User undertakes to keep their password confidential. The User must take all appropriate measures to ensure that their password remains confidential and that access to their computer and other devices is restricted. If the User becomes aware of unauthorized access to their customer account by a third party, the User undertakes to immediately change their password and inform GIZMARA by emailing support@gizmara.com.

5.2 Unless GIZMARA expressly agrees otherwise, the User undertakes to create and use no more than one customer account. If a customer account is closed by GIZMARA, such User agrees not to create a new account unless specifically authorized by GIZMARA.

5.3 The User undertakes that they will not (i) use the Website for any unlawful, fraudulent or misleading purpose, (ii) place orders with stolen or unauthorized payment methods, (iii) harass other Users or GIZMARA’s staff, or make disparaging, slanderous, defamatory, false, misleading, inaccurate, discriminatory or racist remarks or comments on the Website, and more generally, make any comments contravening applicable laws, rights of other individuals and/or public order, (iv) obtain information about other Users, either manually or using automated methods, (v) access personal accounts belonging to other Users, or (vi) interfere with the security or normal operation of the Website or attempt to jeopardize its functioning. GIZMARA may refuse service, cancel orders or restrict access if it reasonably believes these Terms of Service have been broken.

5.4 The User acknowledges that all the elements contained on the Website, including, but not limited to, texts, comments, illustrations, images, sound elements, logos, company names, brands and other distinctive signs, as well as elements composing the Website, such as databases, software and any underlying technology (hereinafter, the “Elements”) belong to GIZMARA or its licensors and are potentially protected by intellectual property rights, such as copyright, trademark, etc. Consequently, the User acknowledges that the following are strictly prohibited:

• Any reproduction, representation, modification or adaptation of the Website and/or all or part of the Elements without GIZMARA’s prior written consent.
• Any use of the Elements for commercial or professional purposes without GIZMARA’s prior written authorization.
• Any use of software, devices, scripts, robots, bots, scrapers or any other means or process (including crawlers, browser plug-ins, or any other technology) aimed at performing “web scraping” on the Website.

The User may view and print pages of the Website for their own personal, non-commercial use.

5.5 By using the Website, the User represents and warrants that (i) they are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) they are not listed on any U.S. government list of prohibited or restricted parties. The User will not use the Website for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. The User acknowledges and agrees that Services or technology provided by GIZMARA are subject to the export control laws and regulations of the United States. The User must comply with these laws and regulations and will not, without prior U.S. government authorization, export, re-export, or transfer Product(s), Services or technology, either directly or indirectly, to any country in violation of such laws and regulations.

Article 6. How do I order Product(s) on the Website?

6.1 These Terms of Service must be accepted without reservation by each Buyer prior to ordering any Product(s).

6.2 GIZMARA is fully and solely liable for (i) the veracity and completeness of the information provided on the Website about GIZMARA and the Product description in the Product Sheet, as well as (ii) the Product’s full compliance with its description in the Product Sheet. The price of the Product(s) is fixed freely by GIZMARA. Colors of Product(s) may look slightly different on the Buyer’s screen.

6.3 When ordering, the Buyer selects the Product(s) they wish to purchase. The Buyer must click “Buy”, and then must provide the required information when prompted (name, desired delivery address, email, payment method, etc.). The amount of tax and shipping fees appear in the final basket before the Buyer confirms the payment. Once the Buyer has confirmed the payment and their payment method, an authorization hold is placed on the Buyer’s payment.

The Buyer is informed that the sale is not completed at this point and that the automatic email confirming receipt of the order is not an acceptance of the order. Indeed, GIZMARA may have limited availability of Product(s). GIZMARA therefore has 24 business hours to confirm that the Product(s) are available and that it can honor the order. The contract of sale of Product(s) is concluded when GIZMARA has confirmed the availability of the Product(s) (including by sending a dispatch confirmation) and the Buyer is charged the amount of their order. If the Product(s) are not available or if GIZMARA does not confirm availability within the aforementioned 24 business hours period, the order is automatically canceled and the sale is deemed never to have been completed. The authorization hold in respect of the Buyer’s payment is then immediately released. The payment may take several days to be released to the Buyer by their bank.

Orders made by a Buyer are independent of each other and if an order contains several Products, each Product order is independent from the other. Thus, if one or more Product orders have not been confirmed by GIZMARA, the Buyer’s other Product order(s) are not canceled and the Buyer is obliged to pay for order(s) that have been confirmed.

6.4 The order may also be canceled by GIZMARA for a legitimate reason, including:

• an obvious mistake in the Product(s) and/or the price (e.g., a pricing error or any other error regarding an essential characteristic of the Product(s));
• a claim regarding payment of the order;
• an undeliverable address or suspected fraud; and/or
• the creation of multiple User accounts or a fraudulent use of discount codes.

If GIZMARA cancels an order, any payment already taken is refunded in full.

Article 7. What are the delivery terms?

7.1 The Product(s) presented for sale on the Website can only be shipped to the 48 contiguous states of the United States.

7.2 The Product(s) are delivered at the delivery address indicated by the Buyer when ordering. The risk of loss or damage passes from GIZMARA to the Buyer upon delivery. The Buyer is responsible for checking that the delivery address is correct, as GIZMARA cannot be responsible for delays caused by incorrect address details. Buyers receive a dispatch email with tracking details when the order ships and may track the delivery of the ordered Product(s) through that email and/or their customer account.

7.3 Orders placed before 1:00 PM Eastern Time on a business day are processed the same business day; later orders are processed the next business day. Business days are Monday to Friday, excluding public holidays. Handling and processing takes 1-2 business days and transit takes 5-8 business days, for a total estimated delivery time of 6-10 business days. Delivery dates are estimates, not guarantees, but the delivery of the ordered Product(s) shall not be subject to any unjustified delay. If an item is out of stock or an order is delayed, GIZMARA will email the Buyer as soon as possible.

7.4 Unless otherwise mentioned when ordering, no shipping fees are charged. The shipping fees are clearly mentioned that it is free.

7.5 In the event that Product(s) are damaged in transit (damaged or opened package / missing or damaged Product(s)), the Buyer shall make all possible reservations upon delivery of the Product(s). GIZMARA ALSO ASKS THE BUYER TO FILE A COMPLAINT WITHIN THREE BUSINESS DAYS BY EMAIL OR VIA THEIR CUSTOMER ACCOUNT ONCE THE PRODUCT(S) HAVE BEEN RECEIVED.

7.6 Title to the Product(s) is transferred when the price is paid by the Buyer and delivery is complete, i.e., when the ordered Product(s) have been physically delivered to the Buyer or any third party designated by the Buyer. Until then, the Product(s) remain the property of GIZMARA.

7.7 For returns: in case of a change of mind, the risk of loss passes from the Buyer to GIZMARA upon reception of the Product(s) by GIZMARA; for any other cause, the risk of loss passes from the Buyer to GIZMARA as soon as the Product(s) are shipped by the Buyer.

Article 8. How do I pay on the Website?

8.1 The payment methods on the Website are made available by GIZMARA’s payment partners and are specified on the Website (for instance, Visa, Mastercard, American Express, Shop Pay, PayPal, Apple Pay and Google Pay). GIZMARA’s payment service providers collect payments in the name and on behalf of GIZMARA and ensure security of the transaction. GIZMARA does not store full card details.

8.2 Promotional or discount codes. When purchasing Product(s) on the Website, the User can use a discount or promotional code. Unless otherwise specified, these codes are valid for all Product(s) offered for sale on the Website until the code’s expiration date. Unless otherwise specified, (i) codes cannot be combined, (ii) codes cannot be applied to shipping fees, (iii) codes are neither exchangeable nor refundable and have no cash value (i.e., if the order paid for using a code is refunded, the code may not be used again) unless the order is canceled by GIZMARA due to unavailability of the Product(s) ordered, (iv) codes having a monetary value must be used all at once (i.e., if the monetary value of the code exceeds the price for the Product(s), the code’s unused value will be lost), and (v) codes cannot be retroactively used for an order already placed by the Buyer.

8.3 If payment is made in installments, the terms and conditions applicable to the payment are specified by the payment service provider before the associated loan agreement is entered into.

8.4 All prices are in US Dollars (USD). Sales tax is calculated and shown at checkout. If an item is listed at an obviously wrong price, GIZMARA may cancel the order and refund the Buyer in full, as provided in Article 6.4.

Article 9. Can I change my mind?

9.1 Buyers may return Product(s) within 30 days of receipt of the Product(s) even in cases where there are no defects or other discrepancies with the order (“Right to cancel”). The date the Product(s) are received is not counted when determining the 30 day period. If this period ends on a Saturday, Sunday or a public holiday, such period is extended until the next business day. No restocking fee is charged.

9.2 To return Product(s), Buyers must log into their account, or email support@gizmara.com with their order number if they have no account, and indicate that they are returning the Product(s) because they have changed their mind (and not because of a defect or some other discrepancy) by clicking on the “Get Help” button for the order in question or in their email. GIZMARA will reply with return instructions and the address to send the Product(s) to.

9.3 Buyers will then have a period of 14 days after having notified GIZMARA to ship the Product(s) to GIZMARA’s address, unless GIZMARA requests that the Product(s) be sent to another address or proposes to collect the Product(s).

9.4 Buyers must package the Product(s) returned to GIZMARA with care. Buyers are free to select the method for sending the Product(s) and to decide to take out insurance in the event of loss, theft or destruction of the package. ONLY PRODUCT(S) RETURNED WHOLE, IN THEIR ORIGINAL PACKAGING, WITH ALL THE ACCESSORIES THEY ARRIVED WITH, AND IN THE CONDITION IN WHICH THEY WERE SOLD ARE ACCEPTED (EXCEPT IF THE BUYER HAS INDICATED THAT THE PRODUCT(S) RECEIVED WAS IN A CONDITION DIFFERENT FROM THAT DESCRIBED IN THE PRODUCT SHEET). BUYERS MUST ALSO ENSURE THAT ANY PERSONAL DATA IS DELETED FROM THE PRODUCT(S) PRIOR TO RETURNING THE PRODUCT(S) AND THAT THE PRODUCT(S) ARE DISCONNECTED FROM ANY ACCOUNT (SUCH AS iCLOUD, GOOGLE OR SAMSUNG ACCOUNTS).

9.5 All costs and risks related to the return of Product(s) to GIZMARA are borne by the Buyer, unless the Product(s) are defective, damaged or not what was ordered, in which case GIZMARA bears the cost of the return.

9.6 If all the conditions relating to the exercise of the Right to cancel are met, GIZMARA will refund the Buyer the total amount of their order (including delivery costs) to the original payment method within 5-7 business days of receiving and inspecting the Product(s). The Buyer’s bank or card issuer may need extra time to show the refund.

9.7 Buyers may be held liable for a loss in value of the Product(s) resulting from mishandling the Product(s) and/or their accessories, and GIZMARA may reduce the refund accordingly.

9.8 Exchanges. To swap a Product, the Buyer returns it under this Article and places a new order.

Article 10. What warranties apply to Product(s) bought on the Website?

10.1 Buyers benefit from a 12-month limited warranty granted by GIZMARA (the “Gizmara 1-Year Limited Warranty”), which starts on the delivery date. To implement these rights, the Buyer must contact GIZMARA in accordance with Article 11. The content of this limited warranty, including coverage, exclusions and claim steps, is described in the “Limited Warranty Agreement”, available on the Website. It covers defects in materials and workmanship under normal use. If a covered defect appears, GIZMARA will repair or replace the Product, or refund the Buyer if neither is possible.

Except to the extent prohibited by applicable law, implied warranties and conditions (including warranties and conditions of merchantability and fitness for a particular purpose) shall be limited to the duration of this limited warranty (i.e., 12 months). Users are reminded that these limitations shall be enforceable to the extent permitted by law. Some states do not allow limitations on how long an implied warranty lasts, so the limitations or exclusions described above may not apply to you.

10.2 Is it possible to subscribe for an additional protection plan?

Besides the limited contractual warranty, where offered on the Website, the Buyer may subscribe when ordering to an additional protection plan covering defects and accidents caused by normal handling (drops, spills, and cracked screens).

10.3 Items that arrive damaged, defective or wrong. Buyers should inspect their order when it arrives. If a Product is damaged, defective or not what was ordered, the Buyer must contact GIZMARA with their order number and photos within 30 days of delivery. GIZMARA will offer a replacement or a full refund, including the original shipping fee, and will pay the cost of returning the Product.

Article 11. How do I communicate with GIZMARA or make a claim?

11.1 Communication via the Website. The Buyer and GIZMARA agree to communicate primarily via the Buyer’s customer account on the Website. As an exception, if this method of communication is not possible, for example if the Buyer’s customer account has been closed or the Buyer ordered without an account, the Buyer may contact GIZMARA by emailing support@gizmara.com or by calling +1 (475) 454-1622 and must provide the order date and number.

11.2 Handling of Buyer complaints by GIZMARA. GIZMARA must answer any Buyer complaint within 24 hours (weekends and holidays excluded). The Buyer is informed that GIZMARA is responsible for customer service on all subjects related to the Product(s) it sells, their warranties and other related complaints. Customer support hours are Monday to Friday, 9:00 AM to 5:00 PM Eastern Time.

11.3 Escalation. When a Buyer encounters a difficulty with GIZMARA, the Buyer may request that the matter be escalated to GIZMARA’s customer support management if the following cumulative conditions are met: (i) the Buyer has provided their order number, (ii) the Buyer has made a claim within the warranty period, (iii) GIZMARA has not replied to the Buyer within 24 hours (weekends and holidays excluded) after the request or has replied inadequately, and (iv) the Buyer’s claim relates to a defective Product. In such a case, if GIZMARA considers that the Buyer’s claim is justified, GIZMARA will, depending on the Buyer’s request, either (i) refund the price of the Product to the Buyer, (ii) send the Buyer a Product that matches the order, (iii) offer a repair or replacement solution, and/or (iv) offer a prepaid return label to enable the Buyer to return the Product. If the solution proposed by GIZMARA satisfies the Buyer, that solution becomes binding upon GIZMARA and must be implemented within 24 hours (weekends and holidays excluded) following its notification.

Article 12. What about personal data?

The Buyer’s personal data is processed by GIZMARA. GIZMARA uses personal information to process orders, take payment, ship products, provide support and run the Website. In addition, GIZMARA uses cookies and similar technologies. The policies applicable to personal data and cookies are described in the documents “Privacy Policy” and “Cookies” available on the Website.

Article 13. How do I close my account?

13.1 User’s closing of their customer account. Users may freely close their customer account at any time without notice, through their customer account or by writing to support@gizmara.com. So long as there are no outstanding orders or warranties, the account closure will take effect within 30 days maximum after the date the User notifies GIZMARA that they wish to close their customer account.

13.2 GIZMARA’s closing of the customer account. GIZMARA may close a customer account if the User has refused an update to these Terms of Service, and/or if the User has breached the obligations imposed by these Terms of Service, and/or if the User has been inactive. GIZMARA may also close a customer account without cause, with reasonable prior notice.

13.3 Informing the User. GIZMARA shall inform the User of its intention to close the customer account by sending the User an email detailing the reasons for the closure. Before the account is closed, the User is invited to download information and invoices related to their orders. After the account is closed, the User retains the ability to make a claim. However, the User may no longer order Product(s) on the Website or use the Services.

Article 14. How can I review Products?

Once a Buyer’s order is finalized, the Buyer may review GIZMARA and the Product(s) through the reviewing system available on the Website. The Buyer is informed that the date of their purchase and criteria for categorizing reviews are displayed with their review.

Article 15. What about liability for Products and Services?

15.1 Concerning the Services. GIZMARA will make every effort to ensure that the Services and the Website are available. GIZMARA reserves the right to suspend or limit access to the Services and the Website to carry out repairs, maintenance operations, and/or add and/or develop a function and/or a Service. GIZMARA may not be held liable for any damage suffered by a User due to their inability to access or use all or part of a Service or the Website.

THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, THEIR USE OF THE SERVICES IS AT THEIR SOLE RISK, AND THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. WITH REGARDS TO THE SERVICES, GIZMARA EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

GIZMARA MAKES NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE WEBSITE AND THE SERVICES WILL MEET USERS’ REQUIREMENTS; (2) USERS’ USE OF THE WEBSITE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) ANY ERRORS WILL BE CORRECTED.

ANY CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE WEBSITE IS ACCESSED AT THE USER’S OWN RISK, AND THE USER SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, THEIR COMPUTER SYSTEM AND ANY DEVICE USED TO ACCESS THE WEBSITE, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.

THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GIZMARA MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, AND OTHER CHARACTERISTICS OF SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GIZMARA OR THROUGH THE WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

FROM TIME TO TIME, GIZMARA MAY OFFER NEW “BETA” FEATURES OR TOOLS WITH WHICH ITS USERS MAY EXPERIMENT. SUCH FEATURES OR TOOLS ARE OFFERED SOLELY FOR EXPERIMENTAL PURPOSES AND WITHOUT ANY WARRANTY OF ANY KIND, AND MAY BE MODIFIED OR DISCONTINUED AT GIZMARA’S SOLE DISCRETION. THE PROVISIONS OF THIS ARTICLE APPLY WITH FULL FORCE TO SUCH FEATURES OR TOOLS.

GIZMARA USES THIRD PARTY SERVICES, NAMELY TO ALLOW THE WEBSITE TO FUNCTION (SUCH AS PAYMENT PROVIDERS AND CARRIERS). THE USER ACKNOWLEDGES AND AGREES THAT GIZMARA IS NOT LIABLE, AND THE USER AGREES NOT TO SEEK TO HOLD GIZMARA LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OPERATORS OF EXTERNAL SITES, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH THE USER.

15.2 Concerning the Products. GIZMARA is the Seller of the Products and assumes full responsibility with regard to the Product(s) it offers for sale through the Website, in particular regarding warranties that, according to the laws and regulations, rest with the Seller. GIZMARA MAKES NO WARRANTY REGARDING THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEBSITE OTHER THAN THE PRODUCT SHEET, AND ALL PRODUCT WARRANTIES ARE LIMITED TO THOSE SET OUT IN ARTICLE 10.

15.3 Disclaimer. USERS UNDERSTAND AND AGREE THAT IN NO EVENT SHALL GIZMARA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE, OR ANY DAMAGES RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT GIZMARA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THE TERMS, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE THE WEBSITE; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH THE WEBSITE; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF USER’S TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (5) ANY OTHER MATTER RELATED TO THE WEBSITE, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. GIZMARA IS ONLY LIABLE FOR DIRECT DAMAGES EXCLUSIVELY ATTRIBUTABLE TO A CONTRACTUAL FAULT BY GIZMARA.

15.4 Limit on liability. UNDER NO CIRCUMSTANCES WILL GIZMARA’S LIABILITY HEREUNDER EXCEED THE AMOUNT PAID BY THE BUYER THROUGH THE WEBSITE IN THE 12 MONTH PERIOD PRECEDING THE DATE OF THE CLAIM. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. NOTHING IN THESE TERMS EXCLUDES OR LIMITS LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.

Article 16. What about the user’s liability?

16.1 The User undertakes to use the Services and the Website in compliance with the Terms of Service and to not breach any law, regulation or public policy.

16.2 The User agrees to indemnify and hold GIZMARA, its direct and indirect parent companies, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of their misuse of the Website; their violation of these Terms of Service, their violation of any rights of another party, including any Users; or their violation of any applicable laws, rules or regulations. This Article will survive any termination of the customer account or access to the Website.

Article 17. Applicable law and dispute resolution

17.1 These Terms of Service and any action related thereto will be governed and interpreted by and under the laws of the State of New York, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction.

17.2 Users may report complaints related to the Services by emailing support@gizmara.com, or to the Division of Consumer Protection of the State of New York. In case of an issue with any Product(s), Buyers may report complaints to GIZMARA according to Article 11, or to the Division of Consumer Protection of the State of New York.

17.3 Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms of Service or the use of any Product(s) sold by GIZMARA or Service provided by GIZMARA that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this arbitration agreement (the “Arbitration Agreement”). Unless otherwise agreed, all arbitration proceedings will be held in English. This Arbitration Agreement applies to Users and GIZMARA, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized Users or beneficiaries of Services or goods provided under the Agreement.

17.4 Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to GIZMARA should be sent to: Legal Department, Gizmara, 1196 1st Ave, New York, NY 10065, USA, with a copy to support@gizmara.com. After the Notice is received, Users and GIZMARA may attempt to resolve the claim or dispute informally. If the User and GIZMARA do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.

17.5 Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this Article. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms of Service. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars ($10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars ($10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of a User’s residence, unless the User resides outside of the United States, and unless the parties agree otherwise.

If a User resides outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear their own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider. Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

17.6 Time Limits. If a User and/or GIZMARA pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

17.7 Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of a User and/or GIZMARA, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Arbitration Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon Users and GIZMARA.

17.8 Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between Users and GIZMARA in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, USERS AND GIZMARA WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

17.9 Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER USER.

17.10 Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce these Terms of Service, to enforce an arbitration award, or to seek injunctive or equitable relief.

17.11 Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

17.12 Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of the relationship between Users and GIZMARA.

17.13 Small Claims Court. Notwithstanding the foregoing, either a User or GIZMARA may bring an individual action to small claims court.

17.14 Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

17.15 Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

17.16 Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the state or federal courts located within New York County, New York for such purpose.

17.17 Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

Article 18. Miscellaneous

18.1 Nothing in these Terms of Service creates any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between GIZMARA and the User. Neither GIZMARA on the one hand, and the User on the other hand, has any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party, or to bind the other party to any contract, agreement or undertaking with any third party.

18.2 Communications between Users and GIZMARA are made electronically. For contractual purposes, Users (1) consent to receive communications from GIZMARA in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that GIZMARA provides to Users electronically satisfy any legal requirements that such communications would satisfy if it were in writing.

18.3 If the User is a California resident, such User hereby waives California Civil Code Article 1542, which states, “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor”.

18.4 The User is responsible for providing GIZMARA with their most current email address. In the event that the last email address provided to GIZMARA is not valid, or for any reason GIZMARA is unable to send any notices required or permitted by the Terms of Service, GIZMARA’s dispatch of the email containing such notice will nonetheless constitute effective notice. Users may give notice to GIZMARA by going to “Orders” and selecting “Ask for help” next to the order in question, if a purchase has already been made, or by emailing support@gizmara.com if no purchase has been made.

18.5 Severability. If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Contact

Gizmara, 1196 1st Ave, New York, NY 10065, USA.

Email: support@gizmara.com. Phone: +1 (475) 454-1622.

Customer support hours: Monday to Friday, 9:00 AM to 5:00 PM Eastern Time.

Order cut-off time: 1:00 PM Eastern Time. We aim to reply within one business day.