Blink Terms of Service

Effective Date: October 20, 2025

This is an agreement between Blink Technologies, Inc. ("Blink," "we," "us," or "our") and you (together, the "Parties" and each a "Party"). By using any Blink service, whether through Blink’s website, mobile or desktop applications, APIs, or other means (collectively, the "Services"), you agree that you have read, understood, and accept all of the terms and conditions contained herein (the "Terms of Service" or "Agreement"), as well as our Privacy Policy located at /privacy.

THIS AGREEMENT CONTAINS AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER. BY USING THE SERVICES, YOU WAIVE YOUR RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.

1. General Use and Eligibility

By using Blink, you affirm that you are an individual at least 18 years of age (or the age of majority in your jurisdiction), are not barred from using the Services under applicable law, and have the capacity to enter into this Agreement.

Blink's Services are made available only for lawful, personal, non-commercial use. You agree to comply with all applicable laws, rules, and regulations in connection with your use of the Services.

2. Modification of Terms

Blink may modify this Agreement at any time. Any such modifications shall take effect when posted to the Blink website or otherwise communicated to you. Your continued use of the Services constitutes acceptance of the modified Terms.

It is your responsibility to review these Terms regularly and ensure your contact information, including email address, remains current so that you receive any required notices.

3. Definitions

• "Blink Credits" means limited-purpose, non-transferable site credits redeemable solely within Blink for eligible purchases.
• "AI System" means Blink’s artificial intelligence and automation technologies used to identify, select, and attempt purchases from third-party retailers.
• "Retailers" means third-party merchants or e-commerce websites from which Blink attempts to purchase items on behalf of users.
• "User" or "you" means the individual or entity using the Services.

4. Compliance with Applicable Law

Your relationship with Blink and use of the Services may be subject to federal, state, and local laws and regulations. You agree to act in compliance with all such applicable laws, including export controls, sanctions, and consumer-protection laws.

5. Accessing the Services

5.1 License: Blink grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services for lawful purposes in accordance with this Agreement.

5.2 Credentials: You are solely responsible for maintaining the confidentiality of your account credentials. Blink is not responsible for unauthorized access resulting from your failure to secure your credentials.

5.3 Communications: Blink may communicate with you electronically, including via email or in-app notifications. You consent to receive such communications electronically.

5.4 Termination: Blink may suspend or terminate your account or access to the Services at any time, with or without cause or notice. Upon termination, any unused Blink Credits may be forfeited.

6. Content and Intellectual Property

Blink and its licensors retain all right, title, and interest in and to the Services, including all content, data, algorithms, designs, and intellectual property. You receive no rights other than the limited license explicitly granted herein.

You may not copy, distribute, reverse engineer, or otherwise exploit any part of the Services. Any unauthorized use will terminate your license automatically and may subject you to legal action.

7. Blink Credits

7.1 Closed-Loop Nature: Blink Credits are closed-loop prepaid credits redeemable only within the Blink platform for eligible purchases. They are not legal tender, not redeemable for cash, not transferable, and not usable outside of Blink. Blink Credits may be issued for value paid, promotional events, or rewards.

Blink Credits are not maintained at a fixed 1:1 equivalence with U.S. dollars. Their value and availability are determined solely within the Blink platform.

7.2 No Cash Redemption or Refunds: BLINK CREDITS CANNOT BE REFUNDED, REDEEMED FOR CASH, OR TRANSFERRED. IF A PURCHASE FAILS OR AN ITEM IS UNAVAILABLE, BLINK WILL RESTORE THE CORRESPONDING CREDITS TO YOUR BALANCE FOR USE TOWARD ANOTHER PURCHASE. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY.

7.3 Chargebacks and Cooperation Requirement

• Duty to Contact Blink First. Before initiating any dispute or chargeback with your bank or payment provider, you agree to first contact Blink Support ([email protected]) and provide a reasonable opportunity for Blink to investigate and resolve the issue. Blink's internal review process is designed to ensure quick resolution of billing or fulfillment errors and to minimize unnecessary disputes.
• Good Faith Cooperation. You agree to act in good faith and cooperate fully with Blink's support team in resolving any suspected billing or delivery issues. Filing a chargeback for a transaction that was properly authorized or fulfilled, without first providing Blink an opportunity to resolve the matter, may be treated as a material breach of this Agreement.
• No Waiver of Statutory Rights. Nothing in this Agreement limits or waives your rights under the Fair Credit Billing Act (15 U.S.C. §1666), Regulation Z, or other applicable law. You retain the right to dispute a charge directly with your financial institution. This clause simply establishes a reasonable procedure requiring you to notify Blink first so that Blink may correct any error before a chargeback is initiated.
• Consequences of Non-Cooperation. If Blink determines that a chargeback was initiated (a) without first attempting to contact Blink Support, or (b) in bad faith where no billing or fulfillment error occurred, Blink may suspend or terminate your Blink account and/or offset any costs incurred by Blink (including processing or network fees) against your remaining Blink Credits balance.

7.4 Expiration: Promotional Credits may expire in accordance with their stated terms. Expired Credits have no value and cannot be reinstated.

8. Use of AI and Purchase Attempts

Blink uses automated and AI-driven technology to identify, select, and attempt to complete online purchases on your behalf. You acknowledge and agree that:

1. Blink does not guarantee the successful completion of any transaction or the availability of any product.
2. Purchase success depends on third-party Retailers and systems outside Blink's control.
3. The AI System may make errors, misidentify products, fail to complete checkouts, or produce unintended results.
4. You are solely responsible for verifying all item details, quantities, and suitability before using Blink.
5. You use Blink's AI features entirely at your own risk.

9. Prohibited Uses

You agree not to use Blink to:

• Purchase prohibited or high-risk items (as defined in Blink's Prohibited Items List);
• Violate any law, regulation, or card-network rule;
• Engage in fraud, money laundering, or deceptive activity;
• Attempt to reverse engineer, hack, or interfere with the Services; or
• Circumvent any security or usage controls implemented by Blink.

10. Risk Factors

Your use of Blink involves certain inherent risks, including but not limited to:

• Retailer websites or APIs may change, resulting in failed or incomplete purchases;
• AI recommendations may be inaccurate;
• Network outages or latency may cause errors or delays;
• Price fluctuations or limited inventory may affect outcomes;
• Unauthorized access or account compromise.

You acknowledge these risks and agree Blink is not responsible for losses or damages arising from them.

11. Representations, Warranties, Indemnification & Limitation of Liability

11.1 No Warranties: BLINK PROVIDES THE SERVICES "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.

11.2 Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• BLINK'S TOTAL LIABILITY TO YOU SHALL NOT EXCEED THE VALUE OF YOUR UNUSED BLINK CREDITS AT THE TIME OF THE CLAIM; AND
• BLINK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, DATA, OR GOODWILL).

11.3 Indemnification: You agree to indemnify, defend, and hold harmless Blink, its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, or expenses arising from your use of the Services or violation of these Terms.

12. Miscellaneous

12.1 Force Majeure: Blink shall not be liable for delay or failure resulting from causes beyond its reasonable control.

12.2 Taxes: You are solely responsible for determining and paying any taxes arising from your use of Blink or redemption of Blink Credits.

12.3 Severability: If any provision is found unenforceable, it shall be reformed to the minimum extent necessary to remain valid.

12.4 Assignment: You may not assign your rights or obligations without Blink's prior written consent. Blink may freely assign this Agreement.

12.5 Entire Agreement: This Agreement constitutes the entire understanding between you and Blink and supersedes all prior agreements.

13. Governing Law and Dispute Resolution

13.1 Governing Law: This Agreement is governed by and construed under the laws of the State of Delaware, without regard to conflict-of-laws principles.

13.2 Binding Arbitration: Any dispute shall be resolved by binding arbitration under the Federal Arbitration Act and AAA rules in Wilmington, Delaware, before a single neutral arbitrator.

13.3 Non-U.S. Users: Disputes shall be brought exclusively in the state or federal courts of Delaware.

14. Contact Information

Nanite Foundry, LLC
838 Walker Road, Suite 21-2
Dover, Delaware 19904

Email: [email protected]