Effective Date: May 24, 2025
Governing Law: State of Delaware, United States of America

These Terms of Use (hereinafter, the “Terms”) constitute a legally binding agreement, enforceable at law and in equity, between Wimbo Au Pty Ltd, a proprietary limited company duly incorporated under the laws of the Commonwealth of Australia and registered under Australian Company Number (ACN) 687 084 984, trading as Wimbo, a registered trademark (hereinafter referred to as the “Company,” “Wimbo,” “we,” “us,” or “our”), and any natural or legal person who accesses, browses, uses, or registers for any service, feature, or function offered via the Wimbo mobile application, associated website(s), or related digital infrastructure (collectively, the “Platform”).

By accessing or utilizing the Platform in any capacity, the user (hereinafter, “User,” “you,” or “your”) hereby acknowledges, affirms, and agrees to be bound by the terms, covenants, and representations set forth herein and to comply fully with all conditions, limitations, and obligations imposed under these Terms. Your access to and use of the Platform shall be construed as conclusive evidence of your informed, affirmative, and continuing consent to the formation of a contract under these Terms.

These Terms are issued in accordance with, and intended to be interpreted consistently with, a framework of multinational statutory and regulatory regimes, including but not limited to:

• Regulation (EU) 2016/679 of the European Parliament and Council (General Data Protection Regulation or “GDPR”), including Articles 5–30 and Recitals 1–173;

• The California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA), codified at Cal. Civ. Code § 1798.100 et seq.;

• The UK General Data Protection Regulation, as retained under the European Union (Withdrawal) Act 2018, and the Data Protection Act 2018;

• Australian Consumer Law (ACL) as set out in Schedule 2 to the Competition and Consumer Act 2010 (Cth);

• The Children’s Online Privacy Protection Act (COPPA), 15 U.S.C. §§ 6501–6506, and its implementing rules under 16 C.F.R. Part 312;

• Applicable provisions under Title 15 of the United States Code, relating to commerce, electronic contracts, intellectual property, and deceptive trade practices;

• And such other regional or local data protection, consumer, or contract laws as may apply by operation of law, pursuant to Article 3 of the GDPR, Section 1798.145 of the CPRA, and comparable international doctrines of mandatory law or public interest exception.

The Platform is available globally by default and may be accessed from jurisdictions with differing legal requirements. To the extent permitted under applicable law, Wimbo disclaims any obligation to comply with non-mandatory provisions of local law unless expressly required by statute, regulation, or competent judicial authority.

You understand and agree that these Terms, along with all documents expressly incorporated herein by reference—including but not limited to the Privacy Policy, Community Guidelines, Refund and Escrow Policy, and User Content Licensing Policy collectively constitute the entire agreement between you and the Company with respect to your use of the Platform and supersede any prior representations, communications, or agreements, whether oral or written, unless otherwise required by consumer protection law.

If you do not agree to be legally bound by these Terms in their entirety, you are prohibited from accessing, using, or continuing to use the Platform, and must immediately discontinue all activity related to it.

1. ACCEPTANCE OF TERMS

By registering for an account, accessing, browsing, downloading, installing, or otherwise using any part of the Wimbo Platform, you hereby acknowledge and affirm that you have read, understood, and expressly agreed to be legally bound by these Terms of Use, including any future amendments thereto, as well as the following documents, each of which is hereby incorporated by reference and deemed to form an integral part of this Agreement:

• Privacy Policy

• Community Guidelines

• Refund and Escrow Policy

• User-Generated Content and Licensing Policy

• Any other applicable policies, notices, or disclosures issued by Wimbo from time to time.

This assent constitutes a binding contract enforceable in accordance with principles of contract formation under applicable commercial, consumer, and digital services laws, including but not limited to the Uniform Electronic Transactions Act (UETA), the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001–7031), and common law doctrines of offer and acceptance.

Your use of the Platform is further deemed conclusive evidence of your informed consent to:

• Be subject to the dispute resolution mechanisms, forum selection clauses, and limitations of liability contained herein;

• Waive any claims based on failure to read or understand the Terms prior to use;

• Receive all legal notices and communications from Wimbo via electronic means, unless otherwise required by mandatory law.

If you do not agree to be legally bound by these Terms and the incorporated policies in their entirety, you are expressly prohibited from accessing or using the Platform, and you must immediately cease all related activities.

This clause shall survive termination of any user account or cessation of use and shall remain enforceable to the fullest extent permitted by law.

2. ELIGIBILITY AND AGE REQUIREMENTS

Use of the Wimbo Platform is strictly limited to individuals who meet the minimum age requirement of sixteen (16) years, as consistent with applicable international laws governing data protection, digital services, and online consent, including but not limited to Article 8 of the GDPR, Section 12300 et seq. of the California Consumer Privacy Act (as amended by the CPRA), and COPPA, 15 U.S.C. §§ 6501–6506.

By registering for an account, accessing, or otherwise using the Platform, you expressly represent and warrant the following:

• That you are at least sixteen (16) years of age as of the date of registration;

• That if you are between sixteen (16) and eighteen (18) years of age, you have obtained valid, affirmative, and demonstrable consent from your parent or legal guardian to use the Platform;

• That you shall not attempt to access or attend any event labeled “18+” unless you are at least eighteen (18) years old, and you acknowledge that all responsibility for age verification rests exclusively with the event organizer, not with Wimbo;

• That you understand and accept that Wimbo does not perform identity checks at offline events and expressly disclaims any and all liability arising from a failure by third-party event organizers to verify the age of attendees, including but not limited to claims involving fraud, misrepresentation, negligence, or statutory breach.

Further, Wimbo reserves the right, but not the obligation, to request documentary proof of age or parental consent at any time, and to immediately suspend or terminate any account where an age-related misrepresentation or regulatory concern is identified.

Wimbo does not knowingly permit access to users under sixteen (16), and in the event that Personal Data of a child under the lawful minimum age is inadvertently collected, such data will be immediately erased upon discovery, in compliance with the Company’s obligations under COPPA, Article 17 GDPR, and relevant enforcement guidance from the UK Information Commissioner’s Office (ICO) and other competent authorities.

Nothing in this Clause shall be construed to create a duty of care or special relationship between Wimbo and any third-party event participant or organizer beyond the digital scope of the Platform.

3. ACCOUNT REGISTRATION AND SECURITY

3.1 Account Registration Obligations

In order to access certain features or functionality of the Wimbo Platform, Users are required to complete a registration process and establish a user account. By registering, you agree to:

• Provide truthful, accurate, current, and complete information as prompted by the registration interface;

• Maintain and promptly update such information to ensure continued accuracy and completeness;

• Not impersonate any other person or entity, use false credentials, or misrepresent your affiliation with any person or organization;

• Not create multiple accounts or circumvent account restrictions imposed by Wimbo for any reason, including prior suspension or termination.

Wimbo reserves the right, in its sole discretion, to reject, suspend, or terminate any account or username that is offensive, misleading, duplicative, or otherwise inconsistent with these Terms.

3.2 Account Credentials and User Responsibility

You are solely and exclusively responsible for maintaining the confidentiality, integrity, and security of your login credentials, including your username and password, and for all activities conducted under your account, regardless of whether such activity was authorized by you.

You agree to:

• Use a strong, unique password and implement reasonable security measures to prevent unauthorized access;

• Refrain from sharing your account credentials with any third party or allowing others to access your account;

• Immediately notify Wimbo at help@wimbo.au in the event of suspected or confirmed unauthorized access, breach, or misuse of your account.

3.3 Limitation of Liability for Unauthorized Use

To the maximum extent permitted under applicable law, Wimbo disclaims all liability for any loss, damage, or unauthorized activity arising from or related to your failure to safeguard your credentials or follow reasonable security practices. This disclaimer applies regardless of whether the unauthorized use results in:

• Financial transactions (e.g., unauthorized purchases or event ticketing);

• Communications made through the account (e.g., messages, reports, or public posts);

• Account changes or access to sensitive data.

In accordance with general principles of tort law and contributory negligence, any damages resulting from your failure to secure your account shall not be imputed to Wimbo, and you agree to indemnify and hold Wimbo harmless from any third-party claims arising from such breach.

4. SUBSCRIPTION TIERS AND PAYMENT

4.1 Subscription Structure

The Wimbo Platform operates under a tiered subscription model, offering Users various access levels and feature sets. The current tiers include:

• Wimbo Lite (Free):
  Provides limited swipes, standard access to interest-based events, basic profile features, and the ability to join and host free events.

• Wimbo Plus (Paid):
  Offers expanded functionality including unlimited swipes, priority RSVPs (up to 10 concurrent events), one (1) user boost and one (1) event boost per month, location change, cardstack control, and limited Wimbot file uploads.

• Wimbo Pro (Paid):
  Includes all Wimbo Plus features, with enhanced benefits such as two (2) user boosts and two (2) event boosts per month, anonymous event participation, unlimited RSVP limits, reverse cardstack features, spotlighting, and advanced Wimbot tools (image generation, file processing).

• Optional Add-Ons:
  Users may purchase one-time or recurring enhancements such as additional boosts, spotlights, quick hangout highlights, and AI generation features (collectively, “Add-Ons”).

The availability, pricing, and features of each subscription tier may be modified from time to time at the Company’s sole discretion, subject to advance notice as required by applicable law.

4.2 Billing and Automatic Renewal

All paid subscriptions are billed on a monthly recurring basis and will automatically renew at the conclusion of each billing cycle unless:

• The User cancels their subscription through the Platform’s settings prior to the next renewal date; or

• The subscription is terminated in accordance with these Terms or applicable law.

By enrolling in a paid subscription, you authorize Wimbo and its payment processor (Stripe) to charge the applicable monthly fees, including any applicable taxes, to your designated payment method until such time as you cancel.

This consent constitutes a valid authorization under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. §§ 7001–7031) and equivalent electronic commerce statutes in other jurisdictions.

4.3 Payment Processing
All payment processing is handled by Stripe, a third-party payment services provider. By subscribing to a paid plan, you agree to be bound by Stripe’s Terms of Service, Privacy Policy, and any other applicable policies.
Wimbo does not directly store full payment card information and disclaims liability for any processing error, data breach, or service disruption attributable to third-party processors, to the extent permitted by law.

4.4 Service Fees and Deductions
In connection with ticket sales, Wimbo applies a non-refundable platform service fee of 4% of the ticket price. This fee:

• Covers operational costs, fraud prevention infrastructure, and administrative support;

• Is deducted from the ticket proceeds prior to any escrow distribution;

• Remains non-refundable even where an event is cancelled by the organizer or attendee.

For a full breakdown of event-related fees and deductions, including escrow, Stripe transaction costs, and refund eligibility, refer to Section 10 (Refund and Escrow Policy) and Appendix A (Fee Schedule).

5. ESCROW AND EVENT MONETIZATION

Wimbo enables Users to host and attend ticketed events by offering an integrated escrow-based payment and release system, facilitated through Stripe Connect, a regulated third-party payment processor. This mechanism is designed to promote transactional integrity, reduce fraud, and ensure that funds are disbursed in accordance with fair and transparent event completion protocols.

5.1 Escrow Mechanics
All payments for ticketed events made via the Platform are deposited into a designated, segregated escrow account administered by Stripe on behalf of the event organizer, subject to the following terms:

• Funds are held in escrow from the time of purchase until the event is successfully completed, verified, or deemed fulfilled in accordance with Wimbo’s platform signals (e.g., host confirmation, time-stamped attendance logs, or system-generated triggers).

• Wimbo does not hold or control escrowed funds directly, and disclaims fiduciary responsibility for such funds. All escrow operations are governed by the terms and service levels established by Stripe, including its Connect Platform Agreement and compliance with applicable financial laws and anti-money laundering standards.

5.2 Refunds for Cancelled Events
If an event is cancelled by the organizer, or is not held as scheduled, all attendee payments shall be automatically refunded in full, excluding the non-refundable 4% Wimbo platform service fee, which is retained to cover administrative, infrastructure, and payment gateway costs.
Refunds shall be processed through Stripe’s platform and subject to standard disbursement timeframes, which may vary depending on the user’s financial institution and jurisdiction.
Wimbo shall not be liable for any delays in refunds arising from third-party banking systems, force majeure, or user error in inputting incorrect payment credentials.

5.3 Organizer Payout and Conditions
Event organizers shall receive net disbursement of proceeds, minus applicable fees and costs (see Appendix A), only after the event has been deemed successfully completed by the Platform or confirmed manually by the host.
Disbursement is subject to the following conditions:

• The host’s Stripe Connect account must be fully verified and compliant with local Know-Your-Customer (KYC) obligations;

• No disputes or refund claims must be pending at the time of payout;

• Wimbo reserves the right to withhold, delay, or suspend disbursement in cases of fraud reports, regulatory orders, chargebacks, or material breach of these Terms.

Organizers acknowledge and accept that Wimbo is not a payment institution, does not provide licensed financial services, and acts solely as a technology intermediary in facilitating third-party escrow functionality.

6. ACCEPTABLE USE AND CONDUCT

6.1 User Obligations and Prohibited Conduct
As a condition of accessing and using the Wimbo Platform, you agree to comply with all applicable laws, platform rules, and standards of acceptable digital conduct. You further acknowledge that your actions reflect upon the safety, integrity, and user experience of the community as a whole.
Accordingly, you expressly agree not to engage in, promote, or facilitate any of the following prohibited behaviors:

• Violation of Applicable Law:
  Engaging in activity that contravenes any local, state, federal, or international law or regulation, including but not limited to:

  • General Data Protection Regulation (GDPR);

  • California Consumer Privacy Act / Privacy Rights Act (CCPA/CPRA);

  • Australian Consumer Law (ACL);

  • UK Online Safety Bill (if applicable);

  • Applicable laws relating to hate speech, harassment, incitement, fraud, or defamation.

• Harassment, Impersonation, or Harm:
  Engaging in conduct that threatens, harasses, bullies, stalks, impersonates, defames, or otherwise harms another individual or group, whether on or off the Platform.

• Hosting or Promoting Prohibited or Illegal Events:
  Creating, promoting, or participating in events involving:

  • Unlawful activity (e.g., underage alcohol consumption, unlicensed commerce);

  • Content that is obscene, violent, discriminatory, sexually explicit, or otherwise contrary to community standards or public morality;

  • Events that circumvent or violate public health orders or local licensing requirements.

• Age Restriction Circumvention:
  Bypassing, evading, or falsifying age-related access restrictions, including:

  • Attending 18+ events without valid age qualification;

  • Hosting such events without proper ID verification procedures;

  • Misrepresenting your age or identity during onboarding or RSVPs.

• Unauthorized Automation or Scraping:
  Using bots, crawlers, scripts, or other automated tools to access or interfere with the Platform, unless explicitly permitted by Wimbo under written license or API agreement.

6.2 Enforcement and Disciplinary Action
Violation of this Clause, or of any associated policy or applicable law, may result in one or more of the following actions, at Wimbo’s sole discretion and without prior notice:

• Temporary suspension of the offending account;

• Permanent account termination;

• Restriction from hosting or attending events;

• Referral to appropriate law enforcement or regulatory authorities;

• Pursuit of legal remedies including injunctive relief or civil damages.

Enforcement determinations shall be governed by Wimbo’s Community Guidelines and Moderation Policy, which establish a transparent framework for reporting, investigation, and sanctions, and may incorporate a dual-layer review process (AI + human).

7. USER-GENERATED CONTENT (UGC) AND LICENSING

7.1 Ownership and Intellectual Property
Users retain full legal ownership of any original content that they upload, transmit, or publish on the Platform, including but not limited to profile images, event descriptions, messages, videos, stories, audio clips, and other media formats (collectively, “User Content”), consistent with protections under 17 U.S.C. § 106, the Berne Convention, and applicable international copyright and moral rights laws.

7.2 License Grant to Wimbo
By posting, uploading, or otherwise submitting User Content to the Platform, you hereby grant Wimbo Au Pty Ltd a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, distribute, publicly display, perform, modify, adapt, and create derivative works from such content in connection with:

• Operating and promoting the Wimbo Platform and services;

• Displaying your content in other Users’ feeds, events, or profiles;

• Providing safety tools, moderation, and support services;

• Demonstrating product functionality (e.g., internal AI training or UI presentation).

This license shall survive the termination of your account or removal of specific content, to the extent reasonably necessary for business continuity, platform integrity, or legal compliance (e.g., audit logs, legal claims, or archived moderation records).

7.3 Representations and Warranties
By uploading or posting User Content, you represent and warrant that:

• You own or have the necessary rights, licenses, and authority to use and license the content as contemplated herein;

• The content does not violate any law, infringe any third-party intellectual property or privacy right, or breach any agreement to which you are bound.

Wimbo reserves the right to remove or restrict access to any User Content at its sole discretion, particularly where it violates these Terms or applicable law, or upon receipt of a valid DMCA Takedown Notice under 17 U.S.C. § 512.

8. WIMBOT DISCLAIMER (AI-Powered Assistant)

8.1 Nature and Function
The Wimbo Platform incorporates Wimbot, an integrated artificial intelligence (AI) assistant designed to offer non-binding informational support to Users. Wimbot uses natural language processing (NLP) and machine learning tools—including services powered by third-party providers such as OpenAI—to assist with:

• General navigation and platform FAQs;

• Event discovery and summaries;

• Social engagement prompts and profile enhancement suggestions.

8.2 Limitations of Functionality
Wimbot is not a legal, financial, psychological, or professional advisor, and its output:

• Shall not constitute official or legal advice;

• Shall not be used as a substitute for qualified professional judgment;

• Shall not create any legally binding agreement or communication;

• Shall not issue content moderation decisions or platform enforcement actions.

8.3 Liability Disclaimer and Use Acknowledgement
All moderation, account decisions, rule enforcement, and event management actions are conducted by human Wimbo administrators. Wimbot operates solely in a supportive, non-decisional role, and may at times generate content that is inaccurate, outdated, or misinterpreted.
Accordingly, to the fullest extent permitted by applicable law, Wimbo expressly disclaims all warranties and liabilities—whether express or implied—arising from your reliance upon Wimbot outputs. You assume full responsibility for verifying any information provided by Wimbot before relying on it or taking action.
Wimbo shall not be liable for:

• Any harm, injury, loss, or damage arising from AI outputs;

• Any third-party misuse of AI-generated suggestions;

• Any data inaccuracies originating from language model training limitations.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Ownership of Platform Assets
All content, software, source code, algorithms, trade dress, databases, interfaces, graphics, logos, audiovisual elements, and text available on or through the Wimbo Platform (collectively, the “Platform Content”) are the sole and exclusive property of Wimbo Au Pty Ltd or its duly authorized licensors, affiliates, or partners.

9.2 Legal Protection
Such content is protected under domestic and international intellectual property laws, including but not limited to:

• The Berne Convention for the Protection of Literary and Artistic Works;

• The Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512 et seq.;

• Trademark laws in the United States, Australia, the United Kingdom, and the European Union;

• The Trade Marks Act 1995 (Cth) (Australia);

• The Lanham Act, 15 U.S.C. §§ 1051–1141 (U.S.); and

• Other applicable doctrines of copyright, patent, trade secret, and unfair competition.

No part of the Platform Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without the prior express written consent of Wimbo, except where explicitly permitted by law or by platform functionality (e.g., UGC publishing with license).

9.3 Reservation of Rights
All rights not expressly granted to Users herein are reserved by Wimbo. Unauthorized use, reverse engineering, scraping, framing, or exploitation of Platform Content may result in civil or criminal liability and will be prosecuted to the fullest extent of the law.

10. REFUND AND CANCELLATION POLICY

10.1 User-Initiated Cancellations

All user-initiated cancellation requests must be submitted via the Platform's cancellation feature or through verified account support.

10.2 Organizer-Initiated Cancellations
If an event is cancelled by the organizer—whether voluntarily or due to a breach of law, health guidelines, or moderation enforcement—ticket holders shall be entitled to:

• A 100% refund of the ticket price,

• Excluding the 4% Wimbo platform service fee, which remains non-refundable and covers transaction, escrow, and administrative infrastructure.

10.3 Refund Method and Timing
All refunds are processed through Stripe Connect, subject to its standard disbursement timelines and compliance checks. Processing times may vary based on:

• User’s country and financial institution;

• Volume of concurrent transactions;

• Pending fraud or moderation reviews.

Wimbo is not responsible for delays attributable to Stripe, banks, or external service providers.

10.4 Non-Refundable Fees
The 4% Wimbo platform fee is explicitly designated as non-refundable under all circumstances, including but not limited to event cancellations, disputes, chargebacks, or refund reversals, in accordance with commercial terms disclosed at the point of ticket purchase.
For further details, refer to Appendix A – Escrow & Fee Breakdown.

11. SUSPENSION AND TERMINATION

Wimbo reserves the right, in its sole and absolute discretion, to suspend, restrict, or permanently terminate any User account or access to the Platform without prior notice where:

• A violation of these Terms, Community Guidelines, or applicable law has occurred;

• There exists a credible allegation or evidence of harassment, fraud, impersonation, or abuse;

• The account presents a material risk to the safety, reputation, or operational integrity of the Platform or its Users;

• Required by regulatory authority, court order, or public policy.

  Suspensions may be temporary or permanent and may include the freezing of event hosting privileges, message limitations, or complete deactivation.

Right to Appeal:
Users may submit an appeal for account reinstatement via email at help@wimbo.au. Appeals are reviewed on a case-by-case basis in accordance with Wimbo’s internal moderation framework, which incorporates both human and AI-assisted review.

12. DATA PROTECTION AND CROSS-BORDER TRANSFERS

Wimbo processes Personal Data in accordance with global data protection standards and statutory obligations, including but not limited to:

• General Data Protection Regulation (GDPR) – EU Regulation 2016/679 and UK GDPR;

• California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA);

• Personal Information Protection and Electronic Documents Act (PIPEDA) – Canada;

• Applicable regional privacy statutes and consumer data laws.

Where Personal Data is transferred outside the User’s jurisdiction (e.g., from the EU to the
U.S. or Australia), such transfers are made pursuant to lawful mechanisms, including:

• Standard Contractual Clauses (SCCs) approved by the European Commission (Decision 2021/914);

• UK Addendum to SCCs;

• Binding Corporate Rules, where applicable;

• Additional safeguards such as encryption, pseudonymization, and data minimization techniques.

Further information on Wimbo’s data processing practices can be found in the Privacy Policy, which forms an integral part of these Terms.

13. DISCLAIMER OF WARRANTIES

The Wimbo Platform, including its services, tools, and content (including Wimbot), is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied.
To the maximum extent permitted by law, Wimbo expressly disclaims all representations, warranties, and guarantees, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement under UCC §§ 2-314 and 2-315;

• Any warranty arising out of course of dealing, course of performance, or usage of trade;

• That the Platform will operate without error, interruption, or security vulnerability;

• That content (including AI-generated responses) is accurate, complete, or reliable. No oral or written information provided by Wimbo, its representatives, or its AI tools shall
  be deemed to create any warranty not expressly stated herein.

14. LIMITATION OF LIABILITY

To the fullest extent permitted under applicable law, in no event shall Wimbo, its directors, officers, employees, contractors, licensors, or affiliates be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages, including but not limited to:

• Losses arising from event attendance, ticket purchases, or hosting outcomes;

• Damages resulting from reliance on, misuse of, or errors in AI content provided by Wimbot;

• Unauthorized access, data breaches, system downtime, deletion, corruption, or loss
  of User Content;

• Consequences of User conduct, including failure to follow age restrictions or legal compliance in event hosting.

Aggregate Liability Cap:
In any event, Wimbo’s total aggregate liability to any User for any claim, whether in contract, tort (including negligence), statutory duty, or otherwise, shall not exceed the total amount paid by the User to Wimbo within the twelve (12) months immediately preceding the event giving rise to the liability.

Certain jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of these limitations may not apply.

15. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Wimbo Au Pty Ltd, including its current and former officers, directors, employees, agents, affiliates, licensors, successors, and assigns (collectively, the “Indemnified Parties”), from and against any and all third- party claims, demands, losses, damages, liabilities, judgments, settlements, penalties, fines, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or relating to:

• Your access to or use of the Platform or its services;

• Your actual or alleged violation of these Terms, applicable laws, or any third-party
  rights (including intellectual property or privacy rights);

• Your acts or omissions in connection with any event you host, attend, promote, or facilitate through the Platform, including claims related to physical injury, misconduct, or regulatory violations.

This indemnity shall survive termination of your account or cessation of Platform use and shall be construed independently of any limitation of liability clause herein.

16. GOVERNING LAW AND DISPUTE RESOLUTION

16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to any principles of conflicts of laws or forum non conveniens.
Where required by applicable consumer law in the jurisdiction in which you reside (e.g., EU Member States, Australia, or Canada), you may benefit from certain mandatory consumer protections, and nothing in these Terms shall affect such statutory rights.

16.2 Binding Arbitration
Unless otherwise prohibited by applicable consumer law, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, or any relationship between the User and Wimbo, including the validity, enforceability, or scope of this arbitration clause, shall be finally resolved by binding arbitration administered by the

American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules or Consumer Arbitration Rules, as applicable.

• The arbitration shall be conducted in English and seated in Wilmington, Delaware, unless another venue is agreed to by both parties.

• Judgment on the arbitration award may be entered in any court of competent jurisdiction.

• The parties waive their rights to a jury trial or to participate in class actions.

This clause shall not preclude either party from seeking interim injunctive or equitable relief in any competent court for the protection of intellectual property, confidentiality, or data security.

17. MODIFICATIONS TO TERMS

Wimbo reserves the unilateral right to modify, amend, update, or revise these Terms at any time, for any reason, and without prior individual notice, provided that material changes shall be communicated to Users through:

• In-app notification, pop-up, or banner;

• Email sent to the User’s last known email address; or

• Publication of a revised Terms of Use page, indicating the new effective date.

Continued use of the Platform following such notification or publication shall constitute conclusive acceptance of the updated Terms. If you do not agree with the amended Terms, you must cease all use of the Platform and may request account termination.

18. CONTACT INFORMATION

For all inquiries related to your account, legal rights, or platform governance, please contact:

• 📧 Privacy & Support: help@wimbo.au

• 📧 Legal & Compliance: legal@wimbo.au

• 🏢 Business Address: Wimbo Au Pty Ltd
  470 St Kilda Road Melbourne, Victoria 3004 Australia

APPENDIX A – REFUND SUMMARY

This Appendix outlines Wimbo’s official refund schedule and fee treatment for ticketed events facilitated via the Platform. Refunds are subject to Wimbo’s Refund and Escrow Policy (Clause 10) and are processed through Stripe Connect, in accordance with its applicable settlement timelines and chargeback rules.

Additional Notes:

1. The 4% Wimbo service fee is non-refundable under all circumstances, including organizer cancellations, unless explicitly waived by Wimbo for exceptional cases.

2. Refund eligibility is determined by timestamped cancellation requests submitted through the Platform. Email or off-platform requests are not guaranteed.

3. Refunds are typically credited within 5–10 business days, but may vary based on the User’s financial institution or currency jurisdiction.

4. In case of fraud investigations, refund issuance may be delayed pending review or legal hold.

This Appendix shall be read in conjunction with Section 10 of the Terms of Use and the applicable jurisdiction’s consumer rights framework.