The information we provide forms the main subject matter of these Terms. Although we have tried our best to strip the legalese from the Terms, there are places where they may still read like a traditional contract. There’s a good reason for that: these Terms form a legally binding contract between you and Punkerbit LLC (“Punkerbit”). So please read them carefully. By using any of our Services, you agree to the Terms. If so, Punkerbit grants you a non-assignable, non-exclusive, revocable, and non-sublicensable license to use the Services in accordance with these Terms and our policies.
Of course, if you don’t agree with the Terms, then don’t use the Services. These Terms apply if you live in the United States or if your principal place of business is in the United States. If you live outside of the United States or if your principal place of business is outside of the United States, Punkerbit LLC provides you the Services and your relationship is governed by the Punkerbit LLC Terms of Service. Where we have provided summary sections in these Terms, these summaries have been included for your convenience only and you should read these Terms in full to understand your legal rights and obligations.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND Punkerbit AGREE THAT, EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND Punkerbit WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO OPT OUT OF ARBITRATION AS EXPLAINED IN THAT ARBITRATION CLAUSE.
1. Who Can Use the Services
We may offer additional Services with additional terms that may require you to be even older to use them. So please read all such terms carefully.
By using the Services, you represent, warrant, and agree that:
If you are using the Services on behalf of a business or some other entity, you represent that you are authorized to bind that business or entity to these Terms and you agree to these Terms on behalf of that business or entity (and all references to “you” and “your” in these Terms will mean both you as the end user and that business or entity).
If you are using the Services on behalf of an entity of the U.S. Government, you agree to the Amendment to Punkerbit Inc. Terms of Service for U.S. Government Users.
In summary: Our Services are not directed to anyone under the age of 13 or the minimum age at which a person may use the Services in your state, province, or country if it is older than 13. If we become aware that you are under this age, we will suspend your use of the Services and delete your account and data. Other terms may apply to our Services which require you to be even older to use them, so please review these carefully when prompted.
B. Other Prohibited Users
In addition to the eligibility requirements outlined above, you may not use the Services if you are a convicted sex offender or a convicted violent felon. By accessing or using the Services, you represent and warrant that you have not been convicted of any sex offense or violent felony under the laws of any applicable jurisdiction.
You further represent and warrant that you will not use the Services to promote, support, plan, or carry out any crimes, terrorist acts or violent extremist activities. This includes, but is not limited to, using the Services to plan or execute burglaries, flash mobs, or other criminal activities, recruit for terrorist organizations, incite violence, coordinate unlawful acts intended to intimidate or harm individuals or groups based on political, religious, or ideological purposes.
Punkerbit reserves the right to deny access to the Services, suspend, or terminate any account where we determine, in our sole discretion, that a user has violated these restrictions or poses a threat to the safety, security, or integrity of the platform or its users.
2. Prohibited Conduct: Harassment and Stalking
You agree that you will not engage in any behavior that harasses, threatens, intimidates, abuses, or stalks any other user of the Services. This includes, but is not limited to, sending repeated or unwanted messages, making personal attacks, doxxing, or attempting to contact someone after they have clearly asked you to stop. Punkerbit reserves the right to investigate and take appropriate legal or administrative action—including suspension or termination of your account—for violations of this policy.
This license is for the purpose of operating, developing, providing, promoting, and improving the Services and researching and developing new ones. This license includes a right for us to make your content available to, and pass these rights along to, service providers with whom we have contractual relationships related to the provision of the Services, solely for the purpose of providing and improving such Services.
All Public Content must be appropriate for people ages 13+. If you post content that you own to the Services, you remain the owner but you allow us and others to use it to provide and promote our Services. You also allow other users to view and, in some cases, use any content you make available to others on the Services. We have various rights to change and remove your content, but you always remain responsible for everything you create, post or share, or direct us to use on the Services.
3. Additional Terms and Policies
Additional terms and conditions listed on the Terms & Policies page or that are otherwise made available to you will apply to you depending on the specific Services you use. If those additional terms apply (for example, because you use the applicable Services), then they will become part of these Terms, meaning that you must comply with them. For example, if you purchase or use any paid features that we make available to you on Punkerbit (such as a Punkerbit+ subscription, but excluding advertising services) you agree that our Paid Features Terms apply. If any of the applicable additional terms conflict with these Terms, the additional terms will override and apply in place of the conflicting parts of these Terms. In summary: Additional terms may apply, please take the time to read them carefully.
4. Privacy
Your privacy matters to us. You can learn how your information is handled when you use our Services by reading our Privacy Policy. You can also learn more about our privacy practices, including how certain features use your data, on our Privacy, Safety, and Policy portals.
5. SMS Communications & Verification Codes
Punkerbit (operated by Punkerbit LLC) may send SMS text messages to the mobile phone number you provide during account creation or profile verification. These messages are used solely for identity verification, security confirmation, and account-related actions. Punkerbit does not send marketing, promotions, or advertising messages.
By providing your phone number and completing the verification process, you consent to receive one-time verification codes and security notifications from Punkerbit. Message frequency varies based on your activity within the app.
Standard message and data rates may apply.
You may opt out of receiving SMS messages at any time by replying STOP to any message you receive. Reply HELP for assistance.
If you opt out of SMS, certain security features (including phone verification) may not function, and your account may be restricted until verification is completed.
For support with SMS messaging, you may contact us at:
support@mysocapp.com
https://mysocapp.com/support
SMS Data Handling
Punkerbit collects and stores the phone number you provide for the purpose of identity verification and security. Verification codes are processed securely through our SMS provider and are not used for analytics, marketing, or resale. Punkerbit does not share, sell, rent, or disclose phone numbers or SMS activity to third parties except as required by law or to prevent fraud or abuse.
All personally identifiable information (PII), including phone numbers, is stored securely and may be encrypted depending on system design. Even in the event of a data breach, Punkerbit does not disclose SMS content or verification codes to any unauthorized party.
SMS Consent
Your consent to receive SMS messages is recorded at the time you enter your phone number and activate the verification checkbox within the Punkerbit app. If you do not check this box, SMS verification is disabled and the app will not send text messages to your device.
You may withdraw consent at any time by replying STOP to any message
For questions about SMS communication, delivery issues, or to request assistance, please contact us:
Punkerbit Support
Email: support@mysocapp.com
Website: https://mysocapp.com/support
The Services provided by Punkerbit are intended to facilitate timely, reliable, and secure communication among individuals, organizations, and communities. Core functionalities may include, but are not limited to: real-time alerts, announcements, direct and group messaging, event updates, informational broadcasts, safety notifications, and related tools designed to enhance awareness, coordination, and connection.
These Services are intended for Social Engagement with an emphasis on safety, situational awareness, emergency preparedness, and responsible community engagement. While Punkerbit strives to support critical communication, the Services are not a replacement for emergency response systems, and should not be relied upon as the sole means of contacting law enforcement, medical personnel, or emergency services.
Users are responsible for how they use the Services and must ensure their usage aligns with all applicable laws and these Terms. Punkerbit reserves the right to modify, enhance, or discontinue features at its discretion in order to maintain platform integrity, security, or performance.
7. Respecting the Services and Punkerbit’s Rights
As between you and us, Punkerbit is the owner of the Services, which includes all related brands, works of authorship, Punkerbit avatars that you assemble, software, and other proprietary content, features, and technology. The Services may also be covered by patents owned by Punkerbit or its affiliates, including those listed at www.Punkerbit-app.com/patents. You must also respect Punkerbit’s rights and adhere to the Punkerbit Brand Guidelines, Punkerbit Brand Guidelines, and any other guidelines, support pages, or FAQs published by Punkerbit or our affiliates.
That means, among other things, you may not do, attempt to do, enable, or encourage anyone else to do, any of the following and doing so may result in us terminating or suspending your access to the Services: use branding, logos, icons, user interface elements, product or brand look and feel, designs, photographs, videos, or any other materials Punkerbit makes available via the Services, except as explicitly allowed by these Terms, the Punkerbit Brand Guidelines, Punkerbit Brand Guidelines, or other brand guidelines published by Punkerbit or our affiliates; violate or infringe Punkerbit’s, our affiliates’, or any other third party’s rights of publicity, privacy, copyrights, trademarks, or other intellectual property rights, including by using the Services to submit, display, post, create, or generate any infringing content; copy, modify, archive, download, upload, disclose, distribute, sell, lease, syndicate, broadcast, perform, display, make available, make derivatives of, or otherwise use the Services or the content on the Services, other than temporary files that are automatically cached by your web browser for display purposes, as otherwise expressly permitted in these Terms, as otherwise expressly permitted by us in writing, or as enabled by the Service’s intended functionality; attempt to access the Services through unauthorized third-party applications, solicit login credentials from other users, or buy, sell, rent, or lease access to your account, a username, profiles, or Contacts; reverse engineer, make unauthorized copies or derivative works of, decompile, disassemble, modify or decode the Services (including any underlying idea, technology, or algorithm) or any content included therein, or otherwise extract the source code of the software of the Services, without our written permission, except to the extent an exception or limitation applies under an open source license or applicable laws; use any robot, spider, crawler, scraper, script, software, or other automated or semi-automated means, processes or interfaces to access, scrape, extract or copy the Services, including any user data, content or other data contained in the Services; use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent; use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services; upload viruses or other malicious code or otherwise compromise, bypass, or circumvent the security of the Services; attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access; use the Services to create or develop a competing product or service; state or imply that we endorse your content; probe, scan, or test the vulnerability of our Services or any system or network; violate any applicable law or regulation in connection with your access to or use of the Services; or access or use the Services in any way not expressly permitted by these Terms or our Community Guidelines.
In summary: We own or control all of the content, features and functionalities of the Services, except your content. To ensure the Services and other users are protected from harm, there are rules we need you to follow when you use our Services. Failure to comply with these rules may result in suspension or termination of your account.
8. Respecting Others’ Rights
Punkerbit respects the rights of others. And so should you. You therefore may not use the Services, or enable anyone else to use the Services, in a manner that violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual property rights. You also agree that you will not use or attempt to use another user’s account except as permitted by Punkerbit or its affiliates.
We try to make our Services as safe as possible, but we need your help. These Terms, our Community Guidelines, and other Punkerbit policies contain important information about how to keep the Services and other users safe. And never put yourself or others in harm’s way when using our Services.
9. Your Account To use certain Services, you need to create an account.
You agree to provide us with accurate, complete, and updated information for your account. You are responsible for any activity that occurs in your account. So it’s important that you keep your account secure. One way to help keep your account secure is to select a strong password that you don’t use for any other account and to enable two-factor authentication. If you think that someone has gained access to your account, please immediately reach out to Support.
Any software that we provide to you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings. You agree not to create any account if we have previously removed or banned you or your account from any of our Services, unless we consent otherwise. In summary: Keep your account details safe and secure. Only use an account if you are authorized by us to do so.
10. Personalized Settings and Contacts
Punkerbit may provide features that allow you to save personalized settings, preferences, and contact information to enhance your experience using the Services. These may include customized notification preferences, saved locations, user profiles, frequently contacted individuals or groups, and other personalization elements designed to improve communication and functionality.
You acknowledge that personalized settings and saved contacts may become unavailable for a variety of reasons, including but not limited to technical errors, data corruption, system failures, or the suspension or termination of your account. Punkerbit does not guarantee that any personalized configurations or saved data will be stored permanently or restored automatically.
We reserve the right to impose limitations on the quantity or type of personalized data that may be saved, and to modify, restrict, or discontinue these features at our sole discretion. Users are encouraged to maintain an external backup of critical contact information or configuration details if needed.
In summary: Personalized settings and contacts are designed to improve your user experience, but we cannot guarantee their permanent availability. You should back up any important data externally.
You are responsible for any data or connectivity charges that may apply when using our Services. This includes charges related to your use of mobile data networks, Wi-Fi connections, Bluetooth Low Energy (BLE), and other wireless communication technologies. Depending on your device settings and connectivity, the Services may utilize background data, device proximity protocols, or local network resources to operate certain features.
If you are unsure whether your use of the Services will result in data or network charges, you should consult with your service provider before accessing the Services.
Certain features may rely on location, precise location, and background location services. Background location services is when the SOC app is updating your location to the server, even when the app is in the background, in your pocket, purse, or is behind a lock screen. device-to-device communication, or persistent connectivity, which could impact your device’s data consumption or battery life. You are solely responsible for managing your device settings, connectivity preferences, and any associated costs.
In summary: The use of Punkerbit Services may consume data, Wi-Fi, or BLE bandwidth, and you are responsible for any resulting charges or device impacts.
12. Third-Party Materials and Services Certain
Services may display, include, or make available content, data, information, applications, features, or materials from third parties (“Third-Party Materials”), provide links to certain third-party websites, or permit the use of Third-Party Materials or third-party services in connection with those Services. If you use any Third-Party Materials or third-party services made available through or in connection with our Services (including Services we jointly offer with the third party), the applicable third-party’s terms will govern their relationship with you. Neither Punkerbit nor any of our affiliates is responsible or liable for a third party’s terms or actions taken under any third party’s terms. Further, by using the Services, you acknowledge and agree that Punkerbit is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect of such Third-Party Materials or third-party services or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials, or third-party websites, or for any other materials, products, or services of third parties. Third-Party Materials, the availability of third-party services and links to other websites are provided solely as a convenience to you. In summary: Punkerbit isn’t responsible for third-party features, content or services accessible via or in connection with our Services – please make sure you read the third party’s terms.
You may not use the Services to send unauthorized or unsolicited promotional content, advertisements, bulk messages, or spam. This includes, but is not limited to, commercial solicitations, automated or scripted messages, promotional links, or repeated unwanted content intended to market goods, services, or websites.
Punkerbit is intended to support meaningful, safety-focused, and relevant communication. Any attempt to exploit the platform for commercial gain, disruption, or manipulation of user engagement—whether by bots, accounts, or coordinated behavior—is strictly prohibited. We reserve the right to suspend, restrict, or terminate access to the Services for accounts or individuals found to be engaging in such activity.
Users are also prohibited from harvesting user data or contact information for the purpose of advertising or commercial outreach, and from impersonating entities in order to gain trust or promote services.
In summary: You may not use Punkerbit to spam, advertise, or send unauthorized promotional content. We will take action to preserve the integrity and safety of the platform.
14. Modifying the Services and These Terms
We’re relentlessly improving our Services and creating new ones all the time. That means we may add or remove features, products, or functionalities, and we may also suspend or stop the Services altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand. This also means we may need to update these Terms to reflect any changes to our Services or how we provide them, as well as to comply with legal requirements, or for other legal or security reasons. If those changes to these Terms are material we will provide you with reasonable advance notice (unless changes are required sooner, for example, as a result of a change in legal requirements or where we are launching new Services or features). If you continue to use the Services once the changes come into effect, we will take that as your acceptance. In summary: Our Services are going to evolve over time. We may update these Terms from time to time to reflect these changes or for other reasons.
15. Termination and Suspension
While we hope you remain a lifelong Punkerbit User, you can terminate these Terms at any time if you do not agree with any changes we make to these Terms, or for any other reason, by deleting your Punkerbit account (or, in some cases, the account associated with the applicable part of the Services you are using). We may restrict, terminate, or temporarily suspend your access to the Services if you fail to comply with these Terms, our Community Guidelines or the law, for reasons outside of our control, or for any other reason. That means that we may terminate these Terms, stop providing you with all or any part of the Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity, and we may reclaim your username at any time for any reason.
And while we’ll try to give you reasonable notice beforehand, we can’t guarantee that notice will be possible in all circumstances. Where we restrict, terminate, or suspend your access to the Services for violation of our Community Guidelines, we will notify you and provide an opportunity for you to appeal as explained in our Moderation, Enforcement and Appeals explainer. Before we restrict, terminate or suspend your access to the Services, we will take into account all relevant facts and circumstances apparent from the information available to us, depending on the underlying reason for taking that action. For example, if you violate our Community Guidelines we consider the severity, frequency, and impact of the violations as well as the intention behind the violation.
This will inform our decision whether to restrict, terminate or suspend your access to the Services and, in the event of suspension, how long we suspend your access. You can find out more about how we assess and take action against misuse of our Services on our Support Site. Regardless of who terminates these Terms, both you and Punkerbit continue to be bound by them.
In summary: You can stop using the Services or delete your account at any time and for any reason, including if you don’t like any changes to these Terms. We can restrict or terminate your access to the Services for the reasons set out above. When we do, we’ll provide you notice in most cases, as well as an opportunity to appeal the decision in most cases.
16. Indemnity
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless Punkerbit, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Services, or any products or services provided by a third party in connection with the Services, even if recommended, made available, or approved by Punkerbit, (b) your content, including infringement claims related to your content, (c) your breach of these Terms or any applicable law or regulation, or (d) your negligence or willful misconduct. In summary: If you cause us some damage, you will compensate us.
17. Disclaimers
We try to keep the Services up and running and free of annoyances. But we make no promises that we will succeed.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE WE ATTEMPT TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT:
(A) THE SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY,
(B) THE SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS, OR
(C) THAT ANY CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICES WILL BE TIMELY OR ACCURATE. NEITHER WE NOR OUR AFFILIATES TAKE RESPONSIBILITY OR ASSUME LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, POSTS, SENDS, RECEIVES, OR STORES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WE OR OUR AFFILIATES WILL BE RESPONSIBLE FOR.
In summary: Punkerbit will try to make the Services available to you, but we do not make any promises regarding quality and will not be liable for any content which is not ours.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND OUR MANAGING MEMBERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:
(A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES,
(B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICES, OR
(C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR ACCOUNT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD, OF THE ACTIVITY GIVING RISE TO THE CLAIM.
In summary: We limit our liability for anything you do, instances where you cannot access the Services, things others do, and any issues resulting from unauthorized use of our Services.
Where we are liable to you and you have suffered some loss, we limit our liability to a set amount.
19. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY PROVIDE THAT YOU AND Punkerbit AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION AND INCLUDE A CLASS ACTION WAIVER AND JURY TRIAL WAIVER.
This Arbitration Agreement supersedes all prior versions.
a. Applicability of Arbitration Agreement. In this Section 18 (the “Arbitration Agreement”), you and Punkerbit, including Punkerbit’s officers, directors, employees, contractors and vendors, agree that all claims and disputes (whether contract, tort, or otherwise), including all statutory claims and disputes, arising out of or relating to these Terms or the use of the Services or any communications between you and Punkerbit that are not brought in small claims court will be resolved by binding arbitration on an individual basis, except that you and Punkerbit are not required to arbitrate any:
(i) disputes or claims within the jurisdiction of a small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is an individual dispute and not a class action,
(ii) disputes or claims where the only relief sought is injunctive relief, and
(iii) disputes in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, patents or other intellectual property rights.
To be clear: the phrase “all claims and disputes” also includes claims and disputes that arose between us before the effective date of these Terms. In addition, all disputes concerning the arbitrability of a claim (including disputes about the scope, applicability, enforceability, revocability, or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
This provision shall be binding upon and enforceable against you, your estate, heirs, executors, administrators, successors and assigns, including any party who is deceased at the time the dispute arises.
b. Informal Dispute Resolution First. We want to address any disputes without needing arbitration. If you have a dispute with Punkerbit that is subject to arbitration, then prior to initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to Punkerbit Inc., ATTN: Litigation Department, 3000 31st Street, Santa Monica, CA 90405 so that we can work together to resolve the dispute. A Pre-Arbitration Demand is valid only if it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. The Pre-Arbitration Demand must include:
(i) your name,
(ii) your Punkerbit contact,
(iii) your name, telephone number, email address and mailing address or the name, telephone number, mailing address and email address of your counsel, if any,
(iv) a description of your dispute, and
(v) your signature.
Likewise, if Punkerbit has a dispute with you, Punkerbit will send an email or text message with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address or phone number associated with your Punkerbit account. If the dispute is not resolved within sixty (60) days of the date that you or Punkerbit send your Pre-Arbitration Demand, arbitration may then be filed. You agree that compliance with this subsection is a condition precedent to commencing arbitration, and that the arbitrator shall dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, the party against whom an arbitration has been filed has the right to seek a judicial declaration in court regarding whether the arbitration should be dismissed for failure to comply with the informal dispute resolution process set forth in this subsection.
c. Arbitration Rules. The Federal Arbitration Act, including its procedural provisions, governs the interpretation and enforcement of this dispute-resolution provision, and not state law. If, after completing the informal dispute resolution process described above, you or Punkerbit wishes to initiate arbitration, the arbitration will be conducted by ADR Services, Inc. (“ADR Services”) (https://www.adrservices.com/). If ADR Services is not available to arbitrate, the arbitration will be conducted by National Arbitration and Mediation (“NAM) (https://www.namadr.com/). The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The arbitration will be conducted by a single neutral arbitrator.
The arbitrator may issue orders (including subpoenas to third parties, to the extent permitted by law) allowing the parties to conduct discovery sufficient to allow each party to prepare that party’s claims and/or defenses, taking into consideration that arbitration is designed to be a speedy and efficient method for resolving disputes. Any claims or disputes where the total amount sought is less than $10,000 USD 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 sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
d. Additional Rules for Non-appearance Arbitration. If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.
e. Fees. If Punkerbit is the party initiating an arbitration against you, Punkerbit will pay all costs associated with the arbitration, including the entire filing fee. If you are the party initiating an arbitration against Punkerbit, you will be responsible for the nonrefundable Initial Filing Fee. If, however, the amount of the Initial Filing Fee is more than you would have to pay to file a Complaint in the United States District Court for the Central District of California (or, for cases where that court would lack original jurisdiction, the California Superior Court, County of Los Angeles), Punkerbit will pay the difference between the Initial Filing Fee and the amount you would have to pay to file a Complaint in Court. Punkerbit will pay both parties’ Administrative Fee. Otherwise, ADR Services sets forth fees for its services, which are available at https://www.adrservices.com/rate-fee-schedule/.
f. Authority of the Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Punkerbit. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under law, the arbitral forum’s rules, and the Terms. The arbitrator will 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 you and Punkerbit.
g. Settlement Offers and Offers of Judgment. At least ten (10) calendar days before the date set for the arbitration hearing, you or Punkerbit may serve a written offer of judgment on the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance shall be submitted to the arbitration provider, who shall enter judgment accordingly. If the offer is not accepted prior to the arbitration hearing or within thirty (30) calendar days after it is made, whichever is first, it shall be deemed withdrawn and cannot be given as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs (including all fees paid to the arbitral forum) from the time of the offer.
h. Waiver of Jury Trial. YOU AND Punkerbit WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Punkerbit are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Punkerbit over whether to vacate or enforce an arbitration award, YOU AND Punkerbit WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
i. 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. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. This subsection does not prevent you or Punkerbit from participating in a class-wide settlement of claims. Notwithstanding any other provision of this Agreement, the Arbitration Agreement or ADR Services’ Rules, disputes regarding the interpretation, applicability, or enforceability of this waiver may be resolved only by a court and not by an arbitrator. IF THIS CLASS ACTION WAIVER IS LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE PARTIES MUTUALLY AGREE OTHERWISE, THE PARTIES’ AGREEMENT TO ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TO SUCH PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO PROCEED AS A CLASS ACTION. IN SUCH CIRCUMSTANCES, ANY PUTATIVE CLASS, PRIVATE ATTORNEY GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION THAT IS PERMITTED TO PROCEED MUST BE BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN ARBITRATION.
j. Right to Waive. Any rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this Arbitration Agreement.
k. Opt-out. You may opt out of this Arbitration Agreement. If you do so, neither you nor Punkerbit can force the other to arbitrate. To opt out, you must notify Punkerbit in writing no later than 30 days after first becoming subject to this Arbitration Agreement; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these Terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. Your notice must include your name and address, your Punkerbit username and the email address you used to set up your Punkerbit account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. You must either mail your opt-out notice to this address: Punkerbit Inc., Attn: Arbitration Opt-out, 9905 S. Pennsylvania Ave Suite: A, Oklahoma City, OK 73159, or email the opt-out notice to support@punkerbit.com.
l. Notwithstanding the foregoing, either you or Punkerbit Inc. may bring an individual action in small claims court, provided that the claim qualifies and is brought solely on an individual, non-class, and non-representative basis.
m. Arbitration Agreement Survival
This Arbitration Agreement shall survive the termination of your relationship with Punkerbit, including any deletion of your account, revocation of consent, or other action taken by you to discontinue use of the Services or communication with Punkerbit.
In summary: Unless you exercise your right to opt out, Punkerbit and you will resolve all claims and disputes first through an informal dispute resolution process and, if that does not resolve the issue, on an individual basis using binding arbitration. This means that you cannot bring a class action suit against us in the event of a claim or dispute.
20. Exclusive Venue
To the extent that these Terms permit you or Punkerbit to initiate litigation in a court, including claims eligible for small claims court, you and Punkerbit agree that, except for claims properly brought in small claims court, all claims and disputes, whether based in contract, tort, statute, or otherwise, arising out of or relating to these Terms or the Services shall be litigated exclusively in the United States District Court for the Central District of California. If that court lacks original jurisdiction, such claims and disputes shall be litigated exclusively in the Superior Court of California, County of Los Angeles. You and Punkerbit consent to the personal jurisdiction and venue of these courts.
Except to the extent preempted by applicable United States federal law, the laws of the State of California, without regard to its conflict-of-laws principles, govern these Terms and any claims or disputes arising out of or relating to these Terms, the Services, or their subject matter.
If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason, that provision shall be severed and shall not affect the validity or enforceability of the remaining provisions.
These Terms, together with any additional terms, policies, or guidelines expressly incorporated by reference, constitute the entire agreement between you and Punkerbit LLC regarding your use of the Services and supersede all prior or contemporaneous agreements, communications, or understandings, whether written or oral.
These Terms do not create or confer any third-party beneficiary rights. Failure by Punkerbit LLC to enforce any provision of these Terms shall not be deemed a waiver of future enforcement of that provision or any other provision. Punkerbit LLC may assign or transfer its rights and obligations under these Terms without restriction. You may not assign or transfer any of your rights or obligations under these Terms without prior written consent. All rights not expressly granted to you are reserved.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Boulevard, Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210, in accordance with California Civil Code Section 1789.3.
Questions, comments, or concerns regarding these Terms or the Services may be directed to Punkerbit LLC through the contact methods made available within the Services or on the Punkerbit website.
All legal notices, correspondence, and service of process should be directed to:
Punkerbit LLC
9905 S. Pennsylvania Ave
Suite A
Oklahoma City, OK 73159
United States
These Terms are effective as of the date they are posted, December 31, 2025, and apply to all use of the Services from that date forward.