VESPER TECHNOLOGIES TERMS OF SERVICE

Date of Last Revision: July 29th, 2025

Welcome to Vesper Technologies!

ACCEPTANCE OF THESE TERMS OF SERVICE

Vesper Technologies, LLC (�Vesper,� �we,� �us,� or �our�) provides our services (described below) and related content to you through our website(s) located at https://gunkle.app/ (the �Site�) and through our mobile applications and related technologies (including Gunkle, the �Mobile Apps�, and collectively, such Mobile Apps and the Site, including any updated or new features, functionality and technology, the �Service�). All access and use of the Service is subject to the terms and conditions contained in these Terms of Service (as amended from time to time, these �Terms of Service�). By accessing, browsing, or otherwise using the Site, Mobile Apps, or any other aspect of the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not accept the terms and conditions of these Terms of Service, you will not access, browse, or otherwise use the Service.

We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service (including without limitation any additional terms) at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these Terms of Service were last revised. You may read a current, effective copy of these Terms of Service by visiting the �Terms of Service� link on the Site and under the [�Legal � Terms of Service� ] section of our Mobile App. We will also notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service. You should periodically visit this page to review the current Terms of Service so you are aware of any revisions. If you do not agree to abide by these or any future Terms of Service, you will not access, browse, or use (or continue to access, browse, or use) the Service.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST VESPER ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS, AND (3) YOU MAY NOT BE ABLE TO HAVE ANY CLAIMS YOU HAVE AGAINST US RESOLVED BY A JURY OR IN A COURT OF LAW.

Your Privacy: At Vesper, we respect the privacy of our users. For more information, please see our Privacy Notice, located under the [�Legal � Privacy Notice� ] section of our Mobile App (the �Privacy Notice�). By using the Service, you consent to our collection, use and disclosure of personal data and other data as outlined therein.

Additional Terms: In addition, when using certain features through the Service, you will be subject to any additional terms applicable to such features that may be posted on or within the Service from time to time. All such terms are hereby incorporated by reference into these Terms of Service.

ACCESS AND USE OF THE SERVICE

Service Description

The Service is designed to foster a community passionate about experiencing the world together, to empower users to share and celebrate their love for life�s adventures�whether it's a travel sports tournament, family vacation, conference trip, music festival, or dining at a new restaurant. With social engagement through posts, events, forum-based chats, and AI-driven insights tailored to travel plans and more, we make connecting, exploring, and celebrating the world easier and more engaging than ever.

Your Registration Obligations

You may be required to register with Vesper or provide information about yourself (e.g., name and email address) in order to access and use certain features of the Service. If you choose to register for the Service, you agree to provide and maintain true, accurate, current, and complete information about yourself as prompted by the Service�s registration form. Registration data and certain other information about you are governed by our Privacy Notice. If you are under 13 years of age, you are not authorized to use the Service, with or without registering. In addition, if you are under 18 years old, you may use the Service, with or without registering, only with the express consent of your parent or guardian.

Legal Compliance

To access or use the Service, you must be able to form a legally binding contract with us. Accordingly, you represent that you are at least the age of majority in your jurisdiction (e.g., eighteen years old) and have the full right, power, and authority to enter into and comply with these Terms of Service on behalf of yourself and any company or legal entity for which you may access or use the Service. You further represent that you are not a citizen, resident, or member of any jurisdiction or group that is subject to economic sanctions by the United States, or where your use of the Service would be illegal or otherwise violate any applicable Law.

Member Account, Password and Security

You are responsible for maintaining the confidentiality of your password and account details, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Vesper of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Service. Vesper will not be liable for any loss or damage arising from your failure to comply with this paragraph.

Modifications to Service

Vesper reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Vesper will not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

General Practices Regarding Use and Storage

You acknowledge that Vesper may establish general practices and limits concerning use of the Service, including the maximum period of time that data or other content will be retained by the Service and the maximum storage space that will be allotted on the Vesper�s or its third-party service providers� servers on your behalf. You agree that Vesper has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Service. You acknowledge that Vesper reserves the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that Vesper reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

INTELLECTUAL PROPERTY

Ownership

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Vesper, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Limited License

Subject to your compliance with these Terms of Service, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your personal, non-commercial use. This license does not include any resale or commercial use of the Service or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Service or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. The Service and its contents are intended solely for your personal, non-commercial use, and you agree not to use the Service or its contents for any other purpose.

Trademarks

The Vesper name, the Vesper logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Vesper or its affiliates or licensors. You must not use such marks without the prior written permission of Vesper. All other names, logos, product and service names, designs, and slogans on this site are the trademarks of their respective owners.

DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. VESPER DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VESPER, ITS AFFILIATES, LICENSORS, OR SERVICE PROVIDERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, ANY CONTENT ON THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Vesper, its affiliates, licensors, and service providers, and its and their respective directors, officers, employees, contractors, agents, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in these Terms of Service or your use of any information obtained from the Service.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Service and your use of the Service are governed by and construed in accordance with the laws of the State of [Your State], without regard to its conflict of law principles. Any legal suit, action, or proceeding arising out of or related to these Terms of Service or the Service shall be instituted exclusively in the federal or state courts located in [Your County, Your State], and you consent to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

MISCELLANEOUS

These Terms of Service, together with our Privacy Policy and any other legal notices or agreements published by us on the Service, constitute the entire agreement between you and Vesper regarding your use of the Service. Our failure to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision. If any provision of these Terms of Service is held to be invalid or unenforceable by a court or other tribunal of competent jurisdiction, the remaining provisions of these Terms of Service will remain in full force and effect. These Terms of Service may not be assigned by you without our prior written consent, but may be assigned by Vesper in its sole discretion without restriction.

For any questions about these Terms of Service, please contact us at [Your Contact Information].

QUESTIONS? CONCERNS? SUGGESTIONS?

Please contact us at support@gunkle.app or Vesper Technologies, LLC, 502 W 7th St., Ste 100, Erie, PA 16502 to report any violations of these Terms of Service or to pose any questions regarding these Terms of Service or the Service.