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Terms of Service

Effective Date: July 20, 2025

Thank you for choosing Abunda Technologies, LLC ("Abunda," "we," "our," or "us").

These Terms of Service ("Terms") form a legally binding agreement between Abunda and the individual or entity who accesses or uses our website, mobile site, APIs, widgets, or any other online product or service that links to these Terms (collectively, the "Services").

1. Eligibility and Account Registration

  • You must be at least 18 years old (or the age of majority in your jurisdiction) and capable of forming a binding contract to use the Services. By using the Services you represent that you meet these requirements and, where relevant, you authorize any minor dependents who use your account.
  • You agree to provide true, current, and complete account information and to keep it updated. You are responsible for all activity that occurs under your credentials.

2. Key Definitions

  • “BNPL Program” means Abunda’s buy‑now‑pay‑later capabilities that allow customers to finance or lease qualifying purchases through third‑party partners.
  • “Financing Partner” means any bank, lender, or installment‑credit provider that underwrites or services a financing BNPL transaction facilitated by Abunda.
  • “Leasing Partner” means any third‑party lease‑to‑own or rental‑purchase provider that underwrites or services a lease transaction facilitated by Abunda. A Leasing Partner purchases the item from the merchant and leases it to you with an option to acquire ownership once all lease payments and any purchase‑option price are paid.
  • “Financing Agreement” and “Lease Agreement” refer, respectively, to the contract governing your financing or leasing transaction with the applicable Partner. Your obligations under those agreements are separate from these Terms.

3. Consent to Electronic Communications

By creating an account or initiating a transaction you consent to receive all communications, notices, disclosures, and statements electronically (e.g., via email, SMS, in‑app or web notifications) and agree that they satisfy any legal requirement that such communications be in writing.

4. Financing & Leasing (BNPL Program)

  1. Third‑Party Relationship. Abunda is neither a lender nor a lessor. Financing transactions are offered solely by Financing Partners pursuant to a Financing Agreement; lease‑to‑own transactions are offered solely by Leasing Partners pursuant to a Lease Agreement. Abunda acts only as a service provider and marketplace facilitator.
  2. Cost Disclosures & Regulatory Notices. Before you accept a Financing Agreement or Lease Agreement you will receive the federally required cost disclosures—e.g., Truth‑in‑Lending Act (Regulation Z) disclosures for financing or Consumer Leasing Act (Regulation M) disclosures for leasing—showing periodic payment amounts, total of payments, fees, and other key terms. Review them carefully; they, not these Terms, govern your payment obligations.
  3. Credit/Eligibility Review & Reporting. Financing or Leasing Partners may perform soft or hard credit inquiries (or alternative underwriting assessments) and may report your account performance to consumer‑reporting agencies, where permitted by law. You authorize such activities. For more information on how financing or leasing through Abunda may affect your credit, see our support article.
  4. Payments; Fees; Ownership. You must make timely payments directly to the applicable Partner under your Financing or Lease Agreement. Late or missed payments may incur fees, impact your credit, and result in collection or repossession activity. For lease‑to‑own transactions, the leased item remains the property of the Leasing Partner until you exercise a purchase option and all lease obligations are satisfied.
  5. Refunds, Returns & Early Buy‑Outs. Returns are processed under Abunda's Return Policy. If a return is accepted, Abunda will credit the proceeds to the applicable Partner, and the Partner will apply them to your Financing or Lease Agreement per its policies.
  6. Cancellation. If an order is canceled before shipment, authorization holds (including holds associated with financing or leasing) may remain on your payment method for several business days.

5. Orders and Product Availability

Abunda sources many products from third‑party merchants, including Amazon. All offers are subject to availability. We reserve the right to impose quantity or geographic limits, refuse or cancel any order, and to refuse service to anyone for any lawful reason.

6. Pricing, Taxes, and Promotions

Prices may change at any time before we accept your order. Posted prices include only the product price; applicable taxes, shipping, and any financing or leasing charges will be shown at checkout. Promotional codes are subject to additional terms.

7. Shipping; Risk of Loss; Title

All purchases of physical goods are made F.O.B. origin under shipment contracts. Title and risk of loss pass to you when we or our merchant partner tender the item to the carrier (e.g., USPS, UPS, FedEx, Amazon Logistics). If the carrier’s tracking reflects a “delivered” scan but you cannot locate the package (including suspected theft or mis‑delivery), you agree to: (a) verify the shipping address and look for notice tags; (b) check with household members, neighbors, building management, and the local carrier branch; and (c) file any required loss‑or‑theft claim with the carrier within the carrier’s stated timeframe. Abunda will make commercially reasonable efforts to assist you in working with the carrier, merchant, insurer, or retailer to seek a resolution, but we do not guarantee a replacement, refund, or credit. Delivery and arrival dates are estimates only.

8. Returns & Exchanges

Please review our Return Policy. To the extent a Financing or Lease Agreement applies, your refund and remaining payment obligation will be governed by its terms.

9. Product Safety & Manufacturer Liability

  1. Marketplace Role. Abunda is a marketplace facilitator; we do not design, manufacture, test, or certify any product sold through the Services.
  2. No Control Over Safety. All products are sourced directly from third‑party suppliers or Amazon‑fulfilled merchants. We have no control over—and make no representation regarding—the safety, quality, or fitness of those products.
  3. Assumption of Risk. By using or allowing others to use any product obtained through the Services, you assume all risks of personal injury, death, or property damage arising from its use, misuse, or failure.
  4. Manufacturer/Supplier Claims. Any claim for injury, death, or property damage must be brought against the product’s manufacturer, brand owner, supplier, or seller of record—not Abunda. Where allowed by law, you release Abunda from all such claims.
  5. Applicability of §§15–16. The disclaimers of warranties and limitations of liability in §§15–16 apply in addition to this section.

10. License and Site Use

We grant you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your personal, non‑commercial purposes. You may not reproduce, distribute, or exploit any portion of the Services without prior written consent.

11. Prohibited Conduct

You agree not to:

  • use the Services for any illegitimate, unlawful, or fraudulent purpose;
  • violate any applicable law, regulation, or third‑party right (including intellectual‑property and privacy rights);
  • transmit viruses, malware, or harmful code;
  • engage in data scraping, spidering, or other automated data collection without our prior consent;
  • interfere with the security or proper working of the Services; or
  • impersonate any person or entity.

12. User Content & Feedback

If you submit reviews, comments, ideas, or other content ("User Content"), you grant Abunda a non‑exclusive, perpetual, irrevocable, royalty‑free, worldwide license to use, reproduce, adapt, publish, and display such content in any media. You represent that you have all rights needed to grant this license.

13. Third‑Party Services

The Services may link or enable access to third‑party websites, content, or services. Abunda does not endorse and is not responsible for third‑party content. Your dealings with third parties are solely between you and them.

14. Intellectual‑Property Rights

All Abunda trademarks, trade dress, and content are owned by Abunda or its licensors and may not be used without permission. All trademarks not owned by Abunda are property of their respective owners.

15. Disclaimer of Warranties

THE SERVICES AND ALL PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON‑INFRINGEMENT. YOUR USE IS AT YOUR OWN RISK. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR‑FREE OPERATION.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ABUNDA AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY. OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID ABUNDA IN THE 12 MONTHS BEFORE THE CLAIM OR (B) USD 100.

17. Indemnification

You will indemnify, defend, and hold harmless Abunda and its affiliates from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising from or related to your (a) use of the Services, (b) breach of these Terms, or (c) violation of any law or third‑party right.

18. Dispute Resolution; Binding Arbitration; Class‑Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Most customer concerns can be resolved quickly by contacting [email protected].

  1. Informal Resolution.  You agree to try to resolve any dispute informally for at least 30 days.
  2. Arbitration Agreement.  If we cannot resolve a dispute informally, any claim will be resolved exclusively by final and binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in English. Judgment on the award may be entered in any court with jurisdiction.
  3. Class‑Action Waiver.  You and Abunda waive any right to participate in a class‑action, class arbitration, or representative action. If this waiver is found unenforceable, the entire arbitration clause will be null and void, and the dispute shall be heard in court.
  4. Opt‑Out.  You may opt out of this arbitration clause by sending a written notice to Abunda at the address in Section 23 within 30 days after first accepting these Terms. If you opt out, neither party will be required to arbitrate disputes.

19. Modifications; Suspension

We may change or discontinue any aspect of the Services (including BNPL offerings) or update these Terms at any time. Changes become effective when posted. Your continued use after changes take effect constitutes acceptance.

20. Severability & Assignment

If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in full force. You may not assign these Terms without our prior consent; we may assign them freely.

21. Entire Agreement

These Terms, together with any Financing Agreement, Lease Agreement, Return Policy, and Privacy Policy, constitute the entire agreement between you and Abunda with respect to the Services and supersede all prior agreements.

22. Governing Law & Jurisdiction

Except as preempted by federal law, Arizona law governs these Terms without regard to conflicts‑of‑law principles. Subject to the arbitration clause, courts in Pima County, Arizona (or the U.S. District Court for the District of Arizona, Tucson Division, as applicable) will have exclusive jurisdiction.

23. Contact Us

  • Email: [email protected]
  • Address: Abunda Technologies, LLC – Legal Department, P.O. Box 65353, Tucson, AZ 85728

Last updated July 20, 2025.