Terms and Conditions

TERMS AND CONDITIONS
Last updated: 17 July 2025

Welcome to the Bonibimi website, bonibimi.com (the "Site") and, together with the Site, the "Platform"). The Platform is operated by Bonibimi Lda. (the "Company", "we", "us", "our"). Each person who accesses and/or uses the Platform (each a "User", "you" or "your") must read these Terms of Service ("Terms of Service") carefully before using the Platform. By accessing or using the Platform, you declare that you have read, understood, and agree to be bound by these Terms of Service, regardless of whether you are a registered user of the Site or the App. If you do not agree to these Terms of Service, please do not use the Site or the App.

TO THE EXTENT PERMITTED BY LAW, BY USING THE SERVICE, YOU AGREE TO ARBITRATE DISPUTES WITH US IN YOUR INDIVIDUAL CAPACITY, AND WAIVE YOUR RIGHT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION. PLEASE READ SECTION 15 ON DISPUTE RESOLUTION BELOW FOR ADDITIONAL INFORMATION.

These Terms of Service are effective as of the date stated above, and we shall not be bound by any additional or different terms or other documents that are inconsistent with these Terms of Service. We may modify or update these Terms of Service at any time by posting the amended terms on the Platform, and such terms will be effective for all uses of the Platform and Services (as defined below) immediately upon posting. Your continued access and/or use of the Platform or Services provided through the Platform after the posting of any additional or different terms in the Terms of Service constitutes your acceptance of those additional or different terms. The Company, at its sole discretion, may also add, delete, or change some or all of the functionalities of the Platform or the Company's Services at any time, without prior notice.

1. DESCRIPTION OF SERVICES

Subject to the terms and conditions set forth herein, the Company provides Users with information about our products and allows Users to purchase these products through the Platform. The Platform also allows Users to create an account, post reviews (or other user-generated content), sign up for product waitlists and/or our newsletter, participate in contests or promotions, submit user feedback or comments, complete optional surveys, contact customer support, or otherwise interact with the Company (the "Services"). Some of our Services require Users to provide personal information, as detailed in our Privacy Policy.

2. PERSONAL INFORMATION AND USER ACCOUNTS

Your use of the Services may require you to provide certain personal information, such as contact and payment details (collectively, "Customer Data"). Your submission of personal information to us is governed by our Privacy Policy, which is hereby incorporated by reference into these Terms of Service. By using the Platform and the Services, you also agree to our Privacy Policy.

By providing Customer Data, including as part of the account creation process, you agree to:
(i) comply with these Terms of Service and our Privacy Policy;
(ii) provide Customer Data that is true, accurate, current, and complete;
(iii) maintain and promptly update the Customer Data to keep it true, accurate, current, and complete;
(iv) for security reasons, maintain the confidentiality of your Customer Data;
(v) ensure you properly log out of your account at the end of each session and promptly notify the Company of any unauthorised use of your account or any other security breach; and
(vi) take full responsibility for all activities that occur under any customer account you create or that is created for your use.

The Company is not responsible for any loss or damage arising from your failure to meet the above requirements. If you provide any information that is false, inaccurate, outdated, or incomplete, or to which you do not have rights, or if the Company has reasonable grounds to suspect that such information is false, inaccurate, outdated, or incomplete, the Company may suspend or terminate your account and refuse any and all current or future use of the Services (or any part thereof).

3. ELIGIBILITY

The Platform is intended solely for Users who are able to enter into legally binding contracts under applicable law and who have reached the legal age of majority in their place of residence. Any registration, use, or access to the Platform by anyone who does not meet these criteria is unauthorised, unlicensed, and in violation of these Terms of Service. By using the Services or the Platform, you represent and warrant that you are able to enter into a legally binding contract under applicable law and that you are of legal age in your place of residence, and that you agree to comply with all the terms and conditions of these Terms of Service.

4. INTELLECTUAL PROPERTY RIGHTS

Between you and us, we solely and exclusively own all rights, titles, and interests in and to the Site, the Service, all content (including, but not limited to, all text, audio, photographs, images, illustrations, renderings, drawings, reports, articles, research, other services, graphics, charts, logos, widgets, gadgets, applets, other distributable applications, visuals, videos, and copy), software, code, data, information, and other materials contained therein (collectively, the "Site Content"), the look and feel, design, and organisation of the Platform and Services, and the compilation of the Site Content, including, but not limited to, any copyrights, trademark rights, patent rights, and other intellectual property and proprietary rights therein. Your use of the Platform and the Services does not grant you ownership or title to, in, or over any Site Content or any other part of the Platform or Services.

The trademarks displayed on the Platform are the registered trademarks, logos, service marks, and/or trade dress of the Company or third parties and may not be used without the express prior written permission of the applicable owner. Nothing contained on the Platform or within the Services shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo, service mark, or trade name displayed therein without the prior written permission of the rights holder. The use of third-party trademarks, logos, service marks, or trade names on the Platform or within the Services does not, in itself, constitute an endorsement of any third party or their products or services, nor the endorsement of the Company or its products by such third parties.

Except as specifically provided herein, no Site Content may be used, copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without our prior written permission in each instance. Subject to the terms and conditions set forth in these Terms of Service, we grant you a non-exclusive, non-transferable, and limited licence to access, view, use, and display the Platform, the Services, and the Site Content on your computer or other internet-enabled device, and to electronically copy and print portions of the Platform solely for the purpose of placing an order with us or using the Platform as a shopping resource. The Platform, Services, and Site Content are intended solely for your personal and non-commercial use (except with respect to reseller accounts). Any other use of the Platform, Services, or Site Content – including reproduction for purposes other than those permitted above, modification, distribution, republication, transmission, display, performance, or any use of data mining, robots, or similar data gathering and extraction tools – is strictly prohibited without the prior written permission of the Company in each instance.

5. PRODUCT INFORMATION AND RETURNS

Products made available through the Platform are subject to our Returns Policy. Our Returns Policy does not affect the statutory right of withdrawal or cancellation available in certain circumstances to customers located in the European Union and the United Kingdom. Specifically, customers located in the European Union and the United Kingdom have the right to withdraw or cancel their purchase within fourteen (14) days without providing a reason. This withdrawal/cancellation period expires fourteen (14) days from the day the customer, or a third party (other than the designated carrier), acquires physical possession of the ordered goods (or, in the case of multiple shipments of goods from the same order, the last goods from that order). If you are a customer located in the European Union or the United Kingdom and wish to exercise your right to withdraw or cancel your purchase, please email us at heyboni@bonibimi.com before the deadline.

We reserve the right to refuse service to anyone or discontinue any product for any reason at any time. We reserve the right, but are not obligated, to: (i) limit sales of products or the availability of the Service to any person, geographic region, or jurisdiction; (ii) limit quantities of products available per order; (iii) discontinue any product at any time; and (iv) refuse or cancel any order for any reason. We also reserve the right to: (a) limit or prohibit orders that, in our sole judgment, appear to be placed by resellers or distributors; and (b) limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We may exercise these rights on a case-by-case basis. If we refuse or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made.

Although we strive to maintain the accuracy of the Platform, we are not responsible if the Platform Content is not accurate, complete, or current. From time to time, items may be mispriced, inaccurately described, or unavailable (e.g., due to delays in updating the Service or our advertising on other websites). Certain weights, measures, and similar descriptions are approximate and provided for convenience only. We cannot guarantee that your computer monitor's display of any colour will be accurate. The technical specifications and settings of your computer and screen may affect the accuracy of the display of product colours offered via the Service.

FOR THESE AND OTHER REASONS, WE DO NOT GUARANTEE THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF INFORMATION ON THE PLATFORM, INCLUDING PRICING, PRODUCT IMAGES, DESCRIPTIONS, SPECIFICATIONS, AND AVAILABILITY INDICATIONS. WE RESERVE THE RIGHT TO CHANGE OR UPDATE INFORMATION, INCLUDING PRODUCT DESCRIPTIONS AND PRICES, AND TO CORRECT ERRORS, INACCURACIES, OR OMISSIONS AT ANY TIME WITHOUT PRIOR NOTICE, INCLUDING AFTER YOU HAVE SUBMITTED AN ORDER.

Notwithstanding the above, we assume no obligation to update, amend, or clarify information on the Platform, including without limitation pricing information, except as required by law. No stated update on the Platform should be taken to indicate that all information on the Platform has been modified or updated.

6. USER SUBMITTED CONTENT

By providing information through the Platform, including any product reviews, photographs, videos, comments, or other submissions (each a "Submission"), you certify that:
(i) your Submission consists of original material to which you hold all rights;
(ii) your Submission does not violate the rights of any third party, including but not limited to copyright, trademark, patent, trade secret, privacy rights, or any rights giving rise to claims for misappropriation of ideas or violation of publicity rights;
(iii) your Submission does not contain any material that is abusive, vulgar, threatening, harassing, libellous, defamatory, obscene, or known to be false; and
(iv) your Submission does not include any private or personally identifiable information about third parties.

By providing your Submission, you grant the Company a worldwide, non-exclusive, perpetual, irrevocable, transferable, and sublicensable right and licence to use, reproduce, modify, display, perform, transmit, distribute, and otherwise exploit your Submission, with or without attribution, and hereby waive all moral rights therein. Without limiting the foregoing, you further acknowledge and agree that:
(a) any Submission will not be returned or kept confidential;
(b) the Company is not obliged to use or pay you for the Submission;
(c) the Company may publish the Submission indefinitely in all global markets and in any and all media now known or hereafter devised, including without limitation the Platform;
(d) the Company may edit or remove content, including any Submission, which we determine, in our sole discretion, to be unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, or otherwise objectionable or that violates the intellectual property or other proprietary rights of any party or these Terms of Service;
(e) the Submission may be edited for length, clarity, and/or functionality;
(f) we may display your name (or applicable social media handle) in connection with the Submission; and
(g) your Submission may be shared with legal authorities if the Company believes it is warranted or appropriate, or in response to a legal request.

7. REFERRAL PROGRAMME

The Company may, at its sole discretion, offer you the opportunity to refer customers to the Company (“Referral Programme”). By submitting referrals to the Company, you acknowledge that you have the right to make such referrals, that your referrals do not violate the privacy or other rights of third parties, and that your referrals do not violate any of these Terms of Service. You further acknowledge that the Company, at its sole discretion, may terminate the Referral Programme at any time. If the Company terminates the Referral Programme, it shall have no obligation to compensate you for any referrals and your right to make referrals shall cease.

8. PROHIBITED CONDUCT

You agree to use the Platform and the Services only for lawful, proper, and appropriate purposes and in accordance with these Terms of Service and all applicable laws, rules, and regulations.

You shall not:

  • Use the Platform or the Services in any way that could damage, disable, overburden or impair the Platform or the Services, or interfere with any other party’s use and enjoyment of the Platform or the Services;
  • Attempt to gain unauthorised access to the Platform, the Services, or to devices, computer systems or networks connected to the Platform or the Services, through hacking, password mining or any other means;
  • Create user accounts by automated means or under false or fraudulent pretences;
  • Make any purchases using a fraudulent payment method;
  • Transmit any viruses, worms, defects, Trojan horses or any items of a destructive nature;
  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • Upload, post, email, or otherwise transmit or make available through the Platform or the Services any inappropriate, defamatory, infringing, obscene, or unlawful content;
  • Upload, post, email, or otherwise transmit or make available through the Platform or the Services any content that infringes any patent, trademark, copyright, trade secret or other intellectual property or proprietary rights of any party, unless you own such rights or have permission from the rightful owner to post such content;
  • Upload, post, email or otherwise transmit or make available through the Platform or the Services any materials that promote pyramid schemes, chain letters or disruptive commercial messages or advertisements, or anything else prohibited by law;
  • Run email lists, Listservs, or any form of auto-responder or “spam” on the Platform or the Services;
  • Use manual or automated software, devices or other processes to “crawl” or “spider” any page of the Platform, including engaging in practices such as “screen scraping”, “database scraping” or any other activity with the purpose of obtaining content or other information;
  • Interfere or attempt to interfere with the proper functioning of the Platform or the Services or any activities conducted on the Platform or Services, including using framing techniques to enclose any Content or proprietary information, placing pop-up windows over any Platform pages, or otherwise affecting the display of any Platform pages;
  • Download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
  • Impersonate another person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity, or remove or falsify any author attributions, legal notices or proprietary designations or labels of the origin or source of any material;
  • Remove any copyright, trademark or other proprietary rights notices contained on the Platform or the Services;
  • Use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform or the Services or collect information about its Users for any unauthorised purpose;
  • Submit content that falsely or implicitly suggests or implies that such content is sponsored or endorsed by the Company, any of its affiliates or any third parties;
  • Use the Platform or the Services for any unlawful or unauthorised purpose (including, without limitation, in violation of any applicable national or international laws or regulations, such as those in force in Portugal or other jurisdictions);
  • Promote or provide instructional information about illegal activities or promote physical harm or injury against any group or individual; or
  • Use the Platform or the Services for any commercial purpose other than for your personal use.

9. LINKED SITES

The Platform may contain links to other websites, applications, and internet resources. Links found on the Platform may allow Users to leave the Platform and access sites operated by parties other than the Company, including sites for payment processing, interaction with Services, or other functions. The Company does not endorse, and is not responsible or liable in any way for any content, advertising, services, or goods on or available from such linked websites, applications, or resources. The linked websites, applications, or resources are not under the control of the Company, and we are not responsible for the content of any website, application, or resource that is not owned and operated by the Company, or for any link contained within such site, application, or resource, or for any changes or updates to such websites, applications, or resources. Such links to third-party websites, applications, or resources do not constitute an endorsement, guarantee, or sponsorship by the Company, or any of its affiliates, of any third party or its content, nor the existence of any partnership, joint venture, agency, or other relationship between the Company, or any of its affiliates, and any third party or its content. The Company assumes no responsibility or liability for the actions, products, content, and/or information of these or other third parties and/or their websites, applications, or resources. Third-party sites are not subject to our Terms of Service or Privacy Policy. You should carefully review the privacy statements and other terms of use for each of those third-party websites, applications, or resources.

10. TEXT MESSAGES

If you choose to receive or send text messages from the Company, the Company will not charge you for such messages; however, standard text messaging rates will apply to each text message sent or received, as provided by your wireless plan (contact your carrier for pricing plans and details). For more information, please refer to our Messaging Terms and Conditions (“Messaging Terms”).

11. DISCLAIMERS

YOU UNDERSTAND THAT USE OF THE PLATFORM OR SERVICES MAY INVOLVE THE TRANSMISSION OF COMMUNICATIONS, INCLUDING YOUR DATA, OVER VARIOUS NETWORKS, AND THAT NO METHOD OF INTERNET COMMUNICATION CAN BE GUARANTEED TO BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THEREFORE, YOU AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY, OR FAILURE TO STORE ANY DATA, INFORMATION, OR CONTENT TRANSMITTED BY YOU TO OR THROUGH THE PLATFORM.

THE COMPANY PROVIDES THE PLATFORM AND SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO REPRESENTATION OR WARRANTY, AND HEREBY DISCLAIMS ANY REPRESENTATION OR WARRANTY, THAT (I) THE PLATFORM OR SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS, (II) THE PLATFORM OR SERVICES WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE, COMPLETE, OR ERROR-FREE, (III) ANY RESULTS OR INFORMATION THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM OR SERVICES WILL BE ACCURATE, TIMELY, COMPLETE, OR RELIABLE, AND (IV) ANY ERRORS IN ANY SOFTWARE USED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES WILL BE CORRECTED. THE OPERATION OF THE PLATFORM MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE COMPANY’S CONTROL, INCLUDING, BUT NOT LIMITED TO, TELECOMMUNICATION NETWORK INTERRUPTIONS. THE COMPANY IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY INTERNET FAILURES OR FOR ANY EQUIPMENT, SYSTEM, OR DATA OR TELECOMMUNICATIONS NETWORK FAILURES USED IN CONNECTION WITH THE PLATFORM OR SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES REGARDING THE SUFFICIENCY OF SECURITY MEASURES USED FOR DATA HANDLING AND STORAGE, AND SHALL NOT BE LIABLE FOR ANY ACTUAL, CONSEQUENTIAL, SPECIAL, OR INCIDENTAL DAMAGES RESULTING FROM A BREACH OF OUR PRIVACY POLICY DUE TO A SECURITY BREACH OR TECHNICAL MALFUNCTION.

ALTHOUGH WE HAVE MADE EFFORTS TO CREATE A SECURE AND RELIABLE PLATFORM, THE COMPANY IS NOT RESPONSIBLE FOR THE SECURITY OF INFORMATION TRANSMITTED OVER THE INTERNET, THE ACCURACY OF INFORMATION ON THE PLATFORM, OR THE CONSEQUENCES OF ANY RELIANCE ON SUCH INFORMATION. YOU SHOULD MAKE YOUR OWN DETERMINATION ABOUT THESE MATTERS. THE COMPANY AND ITS AFFILIATES SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM ANY DELAY OR FAILURE IN PERFORMANCE DUE TO CAUSES BEYOND THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, ACTS OF USERS OR THEIR REPRESENTATIVES, ACTS OF MILITARY OR CIVIL AUTHORITIES, GOVERNMENTAL ORDERS, FIRE OR OTHER CASUALTY, STRIKES, WORK STOPPAGES, ADVERSE WEATHER CONDITIONS, EPIDEMICS, PANDEMICS, WAR, RIOTS, TERRORISM, TELECOMMUNICATIONS INTERRUPTIONS, OR COMPUTER VIRUSES. THE PLATFORM MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME FOR MAINTENANCE OR OTHER REASONS.

12. LIMITATION OF LIABILITY

IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, OR ITS LICENSORS, TOGETHER WITH THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, MANAGERS, AND SHAREHOLDERS (THE “COMPANY PARTIES”), BE LIABLE (REGARDLESS OF THE BASIS, INCLUDING NEGLIGENCE) FOR (I) ANY LOST OR CORRUPTED DATA, LOST PROFITS, OR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE EXCLUSIONS WILL APPLY ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE AGGREGATE COLLECTIVE LIABILITY OF THE COMPANY AND COMPANY PARTIES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED TO THE LESSER OF (A) THE TOTAL OF ALL AMOUNTS PAID BY YOU TO THE COMPANY FOR PRODUCTS DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE FIRST CLAIM, OR (B) €100.

13. INDEMNIFICATION

Except to the extent prohibited by applicable law, you agree to indemnify and hold harmless the Company and its past, present, and future parent companies, affiliates, and subsidiaries, along with each of their respective employees, agents, directors, managers, shareholders, service providers, contractors, successors, and assigns (collectively, the “Indemnitees”) from and against all claims, demands, actions, liabilities, losses, damages, penalties, fines, settlements, costs, and expenses (including reasonable attorneys' fees and costs, including any incurred in enforcing this provision) arising from or related to (i) your use or misuse of the Platform or Services or any goods and services available or purchased through the Platform or Services, (ii) your breach or alleged breach of any term of these Terms of Service, our Privacy Policy, or any other policy published on the Platform applicable to your use of the Platform or Services, (iii) the use of any Submission, and (iv) your violation of any law, rule, regulation, or third-party rights in connection with your use of the Platform or Services. You agree to assist and cooperate with the Indemnitees in the defense or settlement of any indemnified claim.

14. TERMINATION

Account Termination – You agree that the Company, at its sole discretion and without notice or liability to you, may issue a warning, temporarily suspend, indefinitely suspend, or terminate your account for any reason, with or without cause or notice, and without liability. Upon termination of your account, the Company may delete and/or store, at its discretion, data associated with your use of the Platform. Upon termination of your account, the Company has no further obligations to you.

Without limiting the foregoing, if you breach any of these Terms of Service (which incorporate the Company’s Privacy Policy by reference), or otherwise breach an agreement between you and us, the Company may suspend or terminate your account, delete your profile and any content or information you have posted on the Platform, and/or prohibit you from using or accessing the Platform (or any part, aspect, or feature of the Platform), at any time at its sole discretion, with or without notice. You agree that the Company shall not be liable to you or any third party for any of the foregoing actions.

Service Termination – These Terms of Service remain effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by discontinuing use of the Service. Obligations and liabilities incurred before the termination date shall survive the termination of these Terms of Service for all purposes.

15. GOVERNING LAW; DISPUTE RESOLUTION

Governing Law – The laws applicable to the interpretation of these Terms of Service shall be the laws of Portugal, without regard to any conflict of law provisions. Any and all controversies, disputes, demands, claims, or causes of action (including the interpretation and scope of this clause and the arbitrability of the controversy, dispute, demand, claim, or cause of action) arising out of or relating to these Terms of Service (including the Messaging Terms and Loyalty Terms (as defined below)) (a “Dispute”) between you and the Company or its successors or assigns shall be exclusively resolved through binding and confidential arbitration, unless resolved earlier according to Section 15(B) below.

Pre-Arbitration Dispute Resolution – In the event of any Dispute between you and the Company, one party must first send written notice of the Dispute to the other party by email with delivery receipt requested (“Notice”). The Company's email address for Notice is heyboni@bonibimi.com. The Notice must describe the nature and basis of the Dispute and specify the relief sought (the “Claim”). The parties must first meet and confer using a mutually agreed method to attempt to resolve the dispute. The parties will work together in good faith to attempt to resolve the dispute directly for thirty (30) days from receipt of the Notice or for any additional period mutually agreed upon. If the dispute is not resolved by the end of this period, either party may commence arbitration as described below.

Arbitration – If the parties are unable to resolve a Dispute through the good-faith negotiation procedure set forth in Section 15(B), then you and the Company agree that such Dispute shall be resolved by binding arbitration. Arbitration is less formal than a lawsuit. It uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and may be subject to very limited judicial review. Arbitrators can award the same damages and relief that a court can. This agreement to arbitrate Disputes includes all claims arising out of or relating in any way to these Terms of Service (including the Messaging Terms and Loyalty Terms), and your receipt of text messages or emails from the Company or its service providers, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises. YOU UNDERSTAND AND AGREE THAT BY AGREEING TO THESE TERMS OF SERVICE, THE MESSAGING TERMS, AND THE LOYALTY TERMS, YOU AND THE COMPANY ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

Exceptions – Notwithstanding subsection (C) above, nothing in these Terms of Service, Messaging Terms, or Loyalty Terms shall be deemed to waive, preclude, or otherwise limit the right of either party to (i) seek injunctive relief in aid of arbitration in a court of competent jurisdiction; or (ii) bring an individual action in small claims court for eligible claims.

Arbitration Procedure – Unless otherwise agreed in writing by the parties, arbitration shall be conducted before an arbitrator in Lisbon, Portugal, or by videoconference (at claimant’s choice), and shall be governed by the Comprehensive Dispute Resolution Rules and Procedures of the Portuguese Chamber of Commerce and Industry (“CCIP”), as may be modified by these Terms of Service, the Messaging Terms, and/or the Loyalty Terms. CCIP rules and forms are available online at www.ccip.pt or by contacting the Company. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, and enforceability of this binding arbitration agreement. If any Dispute is found not to be subject to arbitration under this Section 15, each party consents to the exclusive jurisdiction of the state or federal courts, as applicable, located in Lisbon, Portugal.

Fees – If you initiate arbitration under this Section 15, you will pay the Initial Administrative Fee in accordance with the then-applicable CCIP fee schedule. If the claim is €15,000 or less, you agree that arbitration will be conducted based solely on documents submitted to the arbitrator. If the arbitrator determines that the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by Rule 11(b) of the Portuguese Code of Civil Procedure), then payment of all fees shall be governed by CCIP Rules. In that case, you agree to reimburse us for all amounts previously paid by us to CCIP under its Rules. Regardless of how arbitration is conducted, the arbitrator shall issue a written decision explaining the essential findings and conclusions on which the decision and award (if any) are based. Each party agrees that such written decision and information exchanged during arbitration shall remain confidential, except as required by law or as necessary to enforce or seek limited judicial review of the award. The arbitrator may make decisions and resolve disputes regarding the payment and reimbursement of fees or expenses at any time during the proceeding and upon request by either party within 14 days of the arbitrator's ruling on the merits.

No Class Actions – To the fullest extent permitted by applicable law, you and the Company agree that ANY CLAIMS BROUGHT BY YOU AGAINST THE COMPANY MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MORE THAN ONE PERSON, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD RELIEF ON BEHALF OF A CLASS.

Enforceability – If the class action waiver set forth in Section 15(G) above is found to be unenforceable for any reason, the remainder of this Section 15 shall also be unenforceable.

16. ASSIGNMENT

The Company may assign these Terms of Service at any time to a subsidiary, parent company, or successor to its business in connection with a merger, consolidation, or sale of all or substantially all its business. You may not assign or transfer your rights or obligations under these Terms of Service.

17. MISCELLANEOUS

These Terms of Service, the Privacy Policy, the Messaging Terms, the Loyalty Terms, and any other policy or operating rules posted by us on the Platform or related to the Services constitute the entire agreement between you and the Company regarding your access to and use of the Platform and Services, replacing all prior or contemporaneous agreements (including any earlier versions of these Terms). Except for the class‑action waiver in Section 15(G), if any other provision is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be construed in a way that reflects the parties’ original intent to the fullest extent permitted by law, and the remaining provisions shall remain in full force. Ambiguities in interpreting these Terms will not be construed against the drafter. Failure by the Company to enforce any right or provision does not constitute a waiver thereof. Sections 3–8 and 11–15 shall survive termination of these Terms of Service.

18. CONTACT US

For any questions or comments, or to report a violation of these Terms of Service (including receipt of spam from a User), please contact the Company at heyboni@bonibimi.com, with "Terms of Service" in the subject line.