POSH TECHNOLOGIES INC. TERMS OF SERVICE

Last Updated: November 4th, 2024

Welcome to the Posh Platform, operated by Posh, Inc. (“Posh,” “we,” “us,” or “our”). These Terms of Service (“Terms”) represent a binding legal agreement between you and Posh governing your use of our services, applications, websites, and other features provided by the Posh Platform.

These Terms apply to all users accessing the Posh Platform, including those seeking transportation or related services (“Riders”), individuals providing such transportation services (“Drivers”), and any other permitted users of our platform. By utilizing the Posh Platform, you agree to abide by the obligations outlined in these Terms and any additional policies or guidelines referenced here, designed to ensure a safe and efficient user experience.

By accessing or using the Posh Platform, you confirm that you have read, understood, and fully accepted these Terms. Your ongoing use of the platform signifies your agreement to be bound by the current version of the Terms and any other policies or guidelines incorporated by reference. If you do not accept these Terms, please do not use or access the Posh Platform.

Your agreement to these Terms is voluntary but essential to using the Posh Platform and its services. Should you use the platform on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.

Posh reserves the right to modify these Terms periodically. We may change, amend, or update any part of this Agreement to ensure it reflects updates to our services, changes in law, or other considerations. Notification of any significant changes will be provided through the Posh Platform or other appropriate means. Your continued use after such modifications will constitute your acceptance of the revised Terms. We recommend you review the Terms regularly to remain informed of any updates.

1. PLATFORM AND SERVICE DESCRIPTION

The Posh Platform offers services to connect individuals seeking transportation with available providers. Our platform is a marketplace that facilitates connections between users, offering them a streamlined way to request, accept, and manage transportation and related services. Through Posh, individuals can arrange for rides to their destinations, and in select regions, other service options, such as vehicle rentals or third-party services, may be available.

Posh operates solely as a technology platform and marketplace, not a direct transportation provider. The responsibility for providing rides or other services rests with the independent providers who offer services through the platform. Posh acts as an intermediary, facilitating these connections.

1.1 User Types and Roles: The Posh Platform encompasses multiple user roles to enhance service flexibility and convenience:

• Riders: Individuals seeking transportation services can request a ride through the platform and be connected with available drivers in their area.
• Drivers: Individuals offering transportation services can connect with Riders via the platform, choosing to provide services based on demand and location.
• Users: The term “Users” may refer collectively to all individuals, including Riders, Drivers, and any others authorized to use the Posh Platform.

Each user type has specific guidelines and obligations tailored to their respective roles on the platform, ensuring a secure and efficient experience for all participants. Drivers and Riders are responsible for fulfilling the roles and services agreed upon between them at the time of connection.

1.2 Supplemental Agreements for Specific Markets: Posh may offer additional services or features in certain locations, requiring supplemental terms specific to that region or service type. These services may include vehicle rentals, additional transportation options, or integration with third-party offerings.

When using these specific services, you may be subject to supplemental agreements, which provide additional details on terms, fees, or requirements. Should there be any conflicts between this Agreement and any supplemental terms, the supplemental terms will prevail solely for the services or locations to which they apply.

2. USER ELIGIBILITY AND ACCOUNT REQUIREMENTS

To use the Posh Platform, you must be at least 18 years old and legally eligible to enter into a binding agreement. By creating an account, you represent and warrant that you meet these requirements and will comply with all relevant local, state, and federal laws governing your platform use. Minors may only use the platform under strict parental or guardian supervision where expressly permitted by Posh policies and applicable laws.

Parents or guardians creating an account for a minor (where allowed) take full responsibility for the minor’s use of the platform and agree to adhere to all terms on behalf of the minor. Posh reserves the right to impose additional eligibility requirements for specific programs, services, or regions, which will be disclosed in the relevant policies or agreements.

2.1 Account Creation and Maintenance: Creating an account on the Posh Platform is essential for accessing services. Each individual may only establish one account, and you must provide accurate, up-to-date information during registration. Users must maintain the accuracy of their account details and update any changes promptly to avoid service interruptions or compliance issues.

Your account credentials are personal to you. You agree to maintain the confidentiality of your account information, including your username and password, and to prevent unauthorized access. Any activity under your account will be your responsibility, and you must notify Posh immediately if you suspect unauthorized access or use of your account.

2.2 Account Limitations and Restrictions: Posh maintains the right to impose certain account limitations and restrictions to ensure platform integrity and safety. This includes, but is not limited to:

• Restricting the creation of multiple accounts for the same individual
• Enforcing limitations on account usage if Posh detects suspicious or unauthorized activity
• Temporarily or permanently suspending accounts that violate these Terms or any related policies

Posh may also deactivate or restrict accounts if it is determined that a user no longer meets eligibility requirements or has engaged in activity that violates platform policies. In such cases, Posh will provide notice where possible and offer an opportunity to resolve issues before account suspension or termination. Users with deactivated accounts may contact Posh support to discuss potential reinstatement.

3. CHARGES, FEES, AND PAYMENTS

As a User of the Posh Platform, you understand and agree that any use of Rideshare Services, Posh Services, or Third-Party Services may incur applicable charges (“Charges”). Charges for services on the Posh Platform include base fares, additional fees, surcharges, tolls, applicable taxes, and any voluntary tips provided to the Driver. For Riders and, where applicable, organizations utilizing the platform, the Charges are calculated per market and service type and displayed on your region’s Posh Cities Page, which you can view through the platform. Charges are applied upon the completion of each service, and you are responsible for all costs incurred under your account.

Posh reserves the exclusive right to set and adjust pricing. Pricing may vary based on the type of service requested, peak times, demand, and location. Any rate changes or additional fees will be displayed on the Posh Cities Page or in your quote for each ride request, ensuring transparency before service confirmation.

3.1 Types of Fares

Quoted Fares: Posh offers quoted fares for some ride requests, providing a total fare estimate when booking. This quote, however, is subject to change if any conditions of the ride differ significantly from the original request. Variations that may lead to fare adjustment include changes in destination, extended ride duration, or adjustments in distance traveled. Posh may modify or cancel the quoted fare and apply a variable fare, as described below, to reflect the service provided accurately. Quoted fares may also include applicable Service Fees and surcharges.

Variable Fares: Variable fares apply for rides not covered under quoted fares. These consist of a base fare and incremental charges based on the time and distance traveled. In some cases, a minimum fare may be applied for shorter trips. Posh calculates the distance traveled using GPS data; however, should GPS data be unavailable or inaccurate, the platform will calculate the fare based on other available data from the ride. Variable fares may include additional charges such as tolls, taxes, or other service fees applicable to your region.

3.2 Rideshare Service Fees and Additional Charges: In addition to base fares, Posh may apply the following additional fees, as outlined on your Posh Cities Page:

• Service Fee: A standard service fee may apply to each ride, covering the operational costs of the Posh Platform.
• Prime Time Surcharges: During high-demand periods, such as peak hours or events, Posh may implement a “Prime Time” surcharge to account for increased demand. This surcharge is factored into the quoted fare for rides during these times.
• Priority Pickup and Wait & Save Options: Users may have the option to select a faster pickup for an added cost or delay pickup for a reduced fare.
• Cancellation and No-Show Fees: If you cancel a ride request after a certain period or fail to show up for your scheduled ride, Posh may charge a cancellation or no-show fee, which will be disclosed at the time of booking.
• Damage Fees: If a Driver reports that you have caused significant damage to their vehicle, you may be charged a Damage Fee (up to $250), depending on the severity of the damage as assessed by Posh. Posh reserves the right to verify the damage and may require documentation before processing this fee.
• Abuse Fees: Any misuse or abuse of the Posh Platform may result in an Abuse Fee of up to $250. This fee is at Posh’s discretion and may be applied if credible reports of misuse are received.
• Tolls and Additional Fees: Certain trips may incur toll fees or surcharges, which are calculated based on the route and may include one-way and return tolls. Additional fees may apply depending on local regulations, airport fees, and other factors, as specified in the Posh Cities Page.

3.3 Tips and Optional Charges: After each completed ride, you can tip your Driver in cash or through the platform’s payment system. You may also set a default tip amount in your account settings. Tips are optional and given directly to the Driver, reflecting your appreciation for service quality.

3.4 Payment Processing and Method Authorization: All Charges on the Posh Platform are facilitated through secure third-party payment processors, which may include providers such as First Data, Stripe, and Braintree. Posh reserves the right to change payment processors at its discretion. While most payments are processed electronically, cash payments are generally only accepted if explicitly authorized by Posh. If the primary payment method linked to your account fails for any reason, Posh may use alternative payment methods stored in your account to fulfill outstanding charges. Users are responsible for ensuring their payment details are current to avoid interruptions.

3.5 No Refund Policy: Charges on the Posh Platform are generally non-refundable. This policy applies to all completed rides and services accessed through the platform. Any termination of services, technical disruptions, or dissatisfaction with services does not automatically qualify for a refund unless otherwise required by applicable law. Users are encouraged to report any service issues to Posh support, which will review concerns on a case-by-case basis.

3.6 Promotional Discounts and Coupons: Posh may offer promotional discounts, credits, or coupons that can be applied toward service Charges. Coupons are only valid on the Posh Platform, non-transferable, and not redeemable for cash unless stated otherwise. If the value of the coupon is insufficient to cover Charges, the remaining balance will be charged to the payment method on file. Additional terms and restrictions may apply as indicated in the specific promotion.

3.7 Supplemental and Third-Party Service Charges: For any additional services provided by Posh, such as rentals or services facilitated by third parties, applicable charges will be detailed in a supplemental agreement. By choosing these services, you agree to the applicable charges, which may differ from standard platform rates.

3.8 Payment Card Authorization: Posh may request a pre-authorization hold when a new payment method is added or a service request is initiated. This authorization hold is a temporary charge to verify the payment method, protect against unauthorized activity, and ensure sufficient funds are available for the transaction. This hold may reduce your available balance until your bank processes it. Users are advised to check with their bank regarding any potential overdraft or NSF fees related to these holds, as Posh is not responsible for covering such fees.

3.9 Driver Payments: Drivers on the Posh Platform will receive payments for completed services as specified in the Driver Addendum, which forms part of this agreement between Drivers and Posh. These terms outline payment schedules, eligibility criteria, and payment processing details specific to Drivers.

4. USER RESPONSIBILITIES AND CONDUCT

The Posh Platform is committed to fostering a respectful and secure user environment. By using our platform, you agree to adhere to Posh’s community guidelines, which include treating all users courteously and respectfully, whether Drivers, Riders, or other participants. Users should conduct themselves in a way that promotes a safe and positive experience, avoiding any language or actions that may be offensive, discriminatory, or disruptive.

4.1 Prohibited Activities: To maintain a safe and trustworthy platform, Posh prohibits certain activities that undermine user safety, violate legal standards, or interfere with platform functionality. Examples of prohibited activities include, but are not limited to:

• Engaging in illegal or unethical behavior, including harassment, stalking, or discrimination
• Impersonating another person or misrepresenting your identity or role on the platform
• Posting or sharing inappropriate, obscene, or harmful content
• Attempting to access another user’s account or sensitive information without permission
• Using the platform to conduct unauthorized commercial activities or solicitations
• Manipulating the platform’s systems, using unauthorized devices, or engaging in any form of cyberattacks or data mining

Engaging in these or similar activities may result in suspension or termination of your Posh account and could lead to legal action if applicable.

4.2 Compliance with Laws and Policies: All users must comply with local, state, and federal laws applicable to their use of the Posh Platform. Drivers, in particular, must adhere to vehicle safety regulations, licensing requirements, and any regional policies governing transportation services.

In addition to legal compliance, users agree to follow all Posh policies, including those set forth in these Terms of Service and any supplementary agreements. By using the platform, users acknowledge that they are responsible for understanding and upholding the terms, policies, and guidelines applicable to their roles and actions.

Failure to comply with legal and policy requirements may result in corrective actions, including service restrictions or account suspension. Users are encouraged to review Posh’s policies regularly to stay informed about their responsibilities and conduct expectations on the platform.

5. DRIVER OBLIGATIONS

All Drivers on the Posh Platform must possess a valid driver’s license and meet all applicable legal and regulatory standards required for providing transportation services in their operating region. Drivers are responsible for ensuring they are medically and legally fit to operate a vehicle and offer transportation services. By using the platform, Drivers represent and warrant that they meet all safety and licensing requirements, including compliance with background checks or certifications as required by law or by Posh policy.

Drivers must also follow all traffic laws and safety protocols while providing services. Posh reserves the right to conduct periodic checks to verify licensing and safety requirements compliance.

5.1 Insurance and Liability Coverage: Drivers must carry and maintain adequate liability insurance and any other insurance mandated by law for the vehicle that provides services on the Posh Platform. Such insurance must cover any accidents, injuries, or damages incurred during service provision, and Drivers must provide proof of coverage upon request.

Posh does not provide driver insurance coverage, and any costs associated with maintaining insurance coverage are the driver's responsibility. Additionally, Posh reserves the right to request documentation or verification of insurance at any time and may suspend access to the platform if coverage requirements are unmet.

5.2 Standards for Vehicle Use and Maintenance: To ensure a safe and reliable experience, all vehicles used by Drivers on the Posh Platform must meet certain standards for condition and maintenance. Vehicles must be roadworthy, clean, and comply with all applicable local, state, and federal safety standards. Drivers are responsible for regularly maintaining their cars, including performing necessary repairs, servicing, and safety checks.

Posh may conduct inspections or request evidence of a vehicle’s condition to ensure compliance with platform standards. If a vehicle is deemed unsuitable, Posh may restrict its use on the platform until any issues are resolved. Drivers are also responsible for ensuring that their vehicles can accommodate any required safety equipment or modifications necessary to provide secure services to all Riders, including those with special needs.

6. INTELLECTUAL PROPERTY RIGHTS

All content, materials, and technology provided on the Posh Platform, including but not limited to text, graphics, logos, button icons, images, software, and other elements, are the exclusive property of Posh, Inc., or its licensors. This content is protected by intellectual property laws, including copyright, trademark, and patent laws, and may not be reproduced, modified, distributed, or otherwise used without explicit authorization from Posh.

By using the Posh Platform, users acknowledge that they do not acquire any ownership rights in the platform’s content. Unauthorized use of Posh’s intellectual property, including for commercial purposes or outside the platform, is strictly prohibited and may result in legal action.

During the term of this agreement, Posh grants Drivers a limited, non-exclusive, revocable license to use Posh’s logos and branding materials (“Posh Marks”) to identify themselves as service providers on the Posh Platform. This license is restricted to platform-related activities and does not permit using Posh Marks outside these approved contexts.

Drivers agree not to modify, reproduce, or use Posh Marks in any way that could confuse or mislead others, nor may they use Posh Marks in any manner that could tarnish or dilute Posh’s reputation or brand. Any unauthorized or non-compliant use of Posh Marks may result in immediate license termination and possible account deactivation.

7. USER SUBMISSIONS AND FEEDBACK

Users may provide content, feedback, and suggestions regarding their experiences on the Posh Platform. By submitting this content or feedback, users grant Posh a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable license to use, reproduce, modify, distribute, and display such submissions to improve the platform, marketing, or other operational activities.

Posh respects user submissions' ownership, and this license is limited to ensuring the platform’s enhancement and functionality. Users acknowledge that they do not acquire any rights or compensation for content provided to Posh, and all submissions are deemed non-confidential. Posh may, however, credit users for feedback at its discretion.

8. PROMOTIONS AND LOYALTY PROGRAMS

Posh may offer a Referral Program that rewards users for inviting new individuals to join the platform. Users can earn credits, discounts, or other benefits specified within the program terms by participating. Each referral must meet the program’s eligibility criteria, such as signing up as a new user and completing their first service on the platform, for the referring user to qualify for any rewards.

Referral rewards are subject to change, and Posh reserves the right to modify, suspend, or terminate the Referral Program at any time. Any misuse or abuse of the program, including creating multiple accounts or providing false information, is strictly prohibited and may result in forfeiture of rewards, account suspension, or other actions deemed appropriate by Posh.

8.1 Loyalty and Rewards Programs: Posh may introduce loyalty or rewards programs to recognize and reward frequent platform users. Participation in these programs is voluntary and may include various levels or tiers that provide users with additional benefits, discounts, or exclusive features based on their activity. Details of any available loyalty programs, including qualification criteria and rewards, will be provided through the platform and are subject to change.

Posh reserves the right to modify or discontinue loyalty and rewards programs anytime. Any benefits or points accumulated may be subject to expiration or adjustment as outlined in the specific program rules.

8.2 Eligibility and Restrictions: All promotions, referral rewards, loyalty benefits, and discounts Posh offers are subject to eligibility criteria and restrictions. These may include residency requirements, usage limits, and compliance with all relevant terms and conditions. Promotions are typically non-transferable and may not be redeemed for cash unless expressly permitted by Posh or required by law.

Posh reserves the right to deny or revoke any rewards or benefits if it determines, at its sole discretion, that the user has violated any platform policies, engaged in fraudulent behavior, or otherwise failed to comply with the terms of the program. Users are encouraged to review the specific terms of each promotion or program to ensure compliance and eligibility.

9. PRIVACY AND DATA USE

Posh is committed to protecting the privacy of its users. When you use the Posh Platform, we collect personal information necessary for account creation, service provision, and platform improvement. This information may include but is not limited to, your name, contact information, payment details, and location data. Posh uses this data to enhance user experience, optimize services, facilitate transactions, and maintain the security and integrity of the platform.

For more details on how we collect, use, store, and share personal information, please review our Privacy Policy, which is incorporated by reference into these Terms. By using the platform, you agree to Posh’s information handling as outlined in the Privacy Policy.

9.1 Confidentiality Obligations: Posh takes reasonable measures to protect the confidentiality of your data and ensure it is used only for authorized purposes. Sensitive information, including payment details and user identification, is stored and processed securely in accordance with industry standards. Posh employees and third-party service providers are subject to strict confidentiality obligations. They may only access personal information as needed to provide platform services, improve functionality, or meet legal and regulatory requirements.

While Posh strives to safeguard user data, you acknowledge that no data transmission or storage system can be fully secure. As the law requires, Posh will notify you of any significant security breaches that may impact your personal information.

9.2 User Responsibilities for Personal Data: Users are responsible for protecting the confidentiality of their account information, including their username, password, and any other credentials used to access the platform. You agree not to share your account details with others and to take precautions to prevent unauthorized access to your personal information. If you believe your account has been compromised, you must promptly notify Posh to help prevent further unauthorized activity.

Additionally, users should exercise caution when sharing personal information with other platform users. Posh is not responsible for any information you voluntarily share with others, including any risks of disclosing personal data. Users are encouraged to follow best practices for online security and privacy when interacting with others on the platform.

10. DISCLAIMER AND LIMITATION OF LIABILITY

The Posh Platform and its services are provided “as is” and “as available.” Posh makes no warranties or representations regarding the platform or services’ reliability, availability, accuracy, or quality. It expressly disclaims all implied warranties, including but not limited to merchantability, fitness for a particular purpose, and non-infringement. Posh does not guarantee that the platform will operate uninterrupted or error-free or that all issues will be corrected, nor does it warrant that the platform is free of viruses or other harmful components.

Use of the Posh Platform is at your own risk, and Posh makes no guarantees regarding the suitability, safety, or conduct of any users or services provided through the platform. Users are responsible for evaluating and verifying any interactions or transactions conducted via the platform.

10.1 Limitation on Damages: To the fullest extent permitted by law, Posh and its affiliates, directors, employees, and agents are not liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to your use of, or inability to use, the Posh Platform, even if advised of the possibility of such damages. This includes, without limitation, damages for loss of profits, data, goodwill, or other intangible losses.

In jurisdictions where limitations of liability for consequential or incidental damages are not permitted, Posh’s liability shall be limited to the maximum extent allowed by applicable law. Under no circumstances shall Posh’s cumulative liability exceed the amount paid by you, if any, for accessing or using the Posh Platform during the three months preceding the event giving rise to such liability.

10.2 Risk and Liability Waivers: By using the Posh Platform, you acknowledge and assume all risks associated with the services provided, including but not limited to risks related to transportation, interactions with other users, and any third-party services. You agree to release and hold harmless Posh from any claims, demands, losses, or damages arising from or related to disputes with other users or third parties or any harm resulting from your use of the platform.

Posh disclaims all responsibility and liability for user conduct, whether online or offline, and for any property damage, personal injury, or financial loss resulting from your interactions with others on the platform. This waiver applies to any actions or inactions by Posh, its affiliates, or third-party providers that may affect your experience on the platform.

11. INDEMNIFICATION

By using the Posh Platform, you agree to indemnify, defend, and hold harmless Posh, its affiliates, officers, directors, employees, agents, and representatives from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees and costs) arising from or related to (a) your use or misuse of the platform, (b) your breach or alleged breach of these Terms, (c) any violation of applicable laws or regulations, or (d) any infringement or alleged infringement of third-party rights, including intellectual property, arising from your content or conduct on the platform.

This indemnity extends to actions or omissions by you or anyone accessing the platform under your account credentials. Posh reserves the right, at your expense, to assume exclusive defense and control of any matter for which you are required to indemnify Posh, and you agree to cooperate fully with Posh’s defense of such claims.

If any third-party claims or demands are made against Posh due to your conduct, use of the platform, or violation of these Terms, you agree to indemnify and hold Posh harmless from any resulting liabilities, damages, and expenses. This includes any claims by third parties, such as Riders, Drivers, or others, for incidents or disputes arising during interactions facilitated by the Posh Platform.

In the event of a third-party claim, you agree to promptly notify Posh and cooperate as needed to resolve the issue. Failure to comply with these indemnity obligations may result in further liability or restrictions on your platform use.

12. DISPUTE RESOLUTION AND ARBITRATION

By using the Posh Platform, you and Posh agree to resolve any disputes, claims, or controversies arising out of or related to these Terms, the platform, or the services Posh offers through binding arbitration. This means that any such disputes will not be resolved in a court of law but by a neutral arbitrator whose decision will be final and binding. The Federal Arbitration Act governs this arbitration agreement and will apply to the fullest extent law permits.

The arbitration shall be conducted per the American Arbitration Association (AAA) rules, applicable when the dispute is submitted or as mutually agreed upon by you and Posh. The arbitration will typically occur in the county of your primary billing address or a mutually agreed location. Each party will bear the costs and expenses associated with the arbitration unless the arbitrator determines that shifting certain costs is necessary or appropriate.

12.1 Waiver of Class Actions: You and Posh agree that all disputes will be resolved individually, not as part of any class, consolidated, or representative action. This means you waive your right to participate in any class action lawsuit, class-wide arbitration, or any other proceeding as a plaintiff or class member. The arbitrator may only hear individual claims and is not authorized to decide or resolve any claims as a class or representative action.

If this waiver of class actions is unenforceable, any claim for class or representative relief must be brought exclusively in a court of competent jurisdiction and not in arbitration. In such a case, all other terms in this arbitration agreement will continue to apply.

12.2 Opt-out Provisions: You have the right to opt out of this arbitration agreement within 30 days of your initial acceptance of these Terms. To opt-out, you must send a written notice to Posh at the specified address or email for such notices, including your name, contact information, and a clear statement that you wish to opt out of the arbitration agreement. Opting out of arbitration will not affect any other provisions of these Terms, including any other agreement to resolve disputes according to Posh’s policies.

If you do not opt-out within the specified 30-day period, you agree to be bound by the terms of this arbitration agreement. Once accepted, the arbitration agreement will apply to all future claims or disputes between you and Posh, even if these Terms are modified or updated.

13. TERMINATION AND ACCOUNT SUSPENSION

Posh reserves the right to terminate or suspend your access to the platform at any time and for any reason, including but not limited to a breach of these Terms, suspected fraudulent activity, or failure to comply with platform policies. You may terminate your account anytime by following the steps outlined within the Posh Platform or contacting Posh support.

Termination of your account or access to the platform does not relieve you of any obligations under these Terms that have accrued prior to the termination date. Certain provisions in these Terms, including those related to intellectual property rights, indemnification, and dispute resolution, will survive the termination of your account.

13.1 Conditions for Account Deactivation: Posh may deactivate your account temporarily or permanently if we determine, in our sole discretion, that you have engaged in any behavior that violates these Terms, harms the integrity of the platform, or poses a risk to the safety of other users. Conditions that may lead to deactivation include, but are not limited to:

• Repeated complaints or poor ratings from other users
• Violation of community guidelines or other policies
• Failure to meet eligibility or licensing requirements for your role on the platform
• Any fraudulent or unauthorized use of the platform

If your account is deactivated, Posh will attempt to notify you of the deactivation and, where appropriate, provide an opportunity to address or resolve the issue leading to the deactivation. However, Posh reserves the right to deactivate accounts without prior notice if deemed necessary for the safety or integrity of the platform.

13.2 Effects of Termination: Upon termination or suspension of your account, you will lose access to the Posh Platform, including any data or content associated with your account. Any benefits, credits, or rewards earned through loyalty programs, promotions, or referrals will also be forfeited upon account termination. Posh is not liable for any data loss or account content resulting from your account's termination, suspension, or deactivation.

If you wish to reinstate your account following deactivation, you may contact Posh support to inquire about eligibility for reactivation. Posh is not obligated to reinstate any account and reserves the right to make final decisions regarding account termination and reactivation requests.

14. GENERAL PROVISIONS

14.1 Governing Jurisdiction and Venue: These Terms and any disputes arising from or related to them will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree that any legal action or proceeding not subject to arbitration will be brought exclusively in the courts located in California, and you consent to the jurisdiction and venue of such courts to litigate all such disputes.

14.2 Severability and Entire Agreement: If any provision of these Terms is found invalid, illegal, or unenforceable for any reason, that provision shall be severed from these Terms, and the remaining provisions will continue to be valid and enforceable. The failure of Posh to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Posh in writing.

These Terms, along with any supplemental agreements, policies, and guidelines referenced herein, constitute the entire agreement between you and Posh with respect to your use of the Posh Platform. They supersede all prior or contemporaneous understandings, agreements, representations, and warranties regarding such subject matter, whether written or oral.

14.3 Notices and Amendments: Posh may provide notices to you by posting them on the Posh Platform, sending them to the email or mailing address associated with your account, or by other reasonable means. You agree that any notice provided by Posh is effective upon posting or sending, regardless of whether you have read the notice. You are responsible for keeping your contact information current to receive important updates and communications.

Posh reserves the right to modify these Terms at any time. Any material changes will be communicated to you through the Posh Platform or other appropriate means. Your continued platform use after such changes signifies your acceptance of the updated Terms. We encourage you to review these Terms periodically to stay informed of any updates or modifications.

15. CONTACT US

If you have questions, concerns, or requests regarding your privacy or this Privacy Policy, Posh’s support team can assist you. We are committed to addressing your privacy inquiries in a timely and transparent manner.

You can reach us by:

• Email: info@poshtechnologiesinc.com
• Mail:
• Support Center: Access our Help Center through the Posh Platform for additional resources and assistance.

For specific requests, such as data access, correction, or deletion, please provide relevant details to help us address your inquiry effectively. We strive to handle all inquiries in accordance with applicable privacy laws and Posh’s commitment to protecting your information.