Terms of Service

1. Agreement to Terms

By creating an account or purchasing an eSIM, you agree to be bound by these Terms of Service, our Privacy Policy, and our Fair Usage Policy. If you don't agree, please don't use Guac.

2. The Service

Guac provides eSIM data plans, voice calling, SMS, and rented phone-number services for mobile devices. Our service allows you to purchase and manage eSIMs for data connectivity, place voice calls, send SMS messages, and rent phone numbers, while traveling or as your primary connectivity source. We partner with network providers and carriers worldwide to deliver these services to your device.

3. Account Requirements

To use Guac, you must:

• Be at least 18 years old (or the age of majority in your jurisdiction)
• Provide accurate and complete information when registering
• Maintain the security of your account credentials
• Have a device that supports eSIM technology (for eSIM features) or supports the Guac mobile application (for Calling Services)
• Accept responsibility for all activity under your account

One account per person, please. Creating multiple accounts may result in termination.

4. Purchases & Payments

Payment Processing:All payments are processed securely through Stripe. By making a purchase, you agree to Stripe's terms of service.

Pricing: Prices are displayed in your selected display currency for convenience. All charges are processed in USD. The final amount charged to your payment method may vary slightly due to currency conversion by your bank or card issuer.

One-Time Purchases: Guac eSIM purchases are one-time transactions and do not auto-renew or auto-top-up unless we clearly state otherwise. Phone-number subscriptions auto-renew as described in Section 12.

Refund Policy:

• Unused eSIMs: Full refund within 14 days of purchase if the eSIM has not been installed
• Partially used eSIMs: No refunds once data has been consumed
• Technical issues: We may offer refunds or credits on a case-by-case basis if the eSIM fails to work due to issues on our end
• Compatibility issues: No refunds for device compatibility issues; please check your device supports eSIM before purchasing
• Phone-number subscriptions, wallet top-ups, and Calling Services: see our Refund Policy and Sections 11 and 12 below

5. eSIM Usage & Limitations

When using your eSIM:

• Each eSIM can only be installed on one device at a time
• Data validity periods start from first connection to the network
• Unused data does not roll over after the validity period expires
• Coverage and speeds depend on local network availability
• Some destinations may have restricted coverage areas

6. Top-Ups

You may add additional data to an active eSIM by purchasing top-ups, subject to the following:

• Top-ups are available only for eSIMs that support this feature
• A maximum of 10 top-ups can be applied to a single eSIM
• Top-ups are not available for expired or archived eSIMs
• Top-up data is subject to the same validity period and fair usage rules as the original plan

7. Fair Usage

All usage is subject to our Fair Usage Policy. This includes restrictions on commercial use, reselling, and network abuse. Violation may result in throttling, suspension, or account termination.

8. Acceptable Use

You agree not to use Guac for:

• Any illegal activities
• Reselling or commercially redistributing data, calls, messages, or phone numbers
• Interfering with our service or networks
• Attempting to bypass usage limits or security measures
• Sharing your account with others
• Activities that harm or exploit minors
• Transmitting malware or harmful code

9. Sharing eSIMs

Share Links: You may share an eSIM with someone else using our share feature, subject to the following conditions:

• An eSIM can only be shared before it has been installed on any device
• Share links expire after 7 days
• The recipient can install the eSIM on their device, at which point it transfers to their account
• You remain responsible for the original purchase
• The eSIM cannot be transferred again after installation

10. Guac Credit & Rewards

Guac offers a loyalty program through Guac Credit:

• You earn Guac Credit as cashback on qualifying purchases (currently 5% of the purchase amount)
• 100 Guac Credit equals $1.00 USD in redemption value
• Guac Credit can be applied as a discount at checkout on future purchases
• Guac Credit has no cash value and cannot be exchanged for money, transferred to another account, or sold
• Guac Credit earned from a refunded order will be deducted from your balance
• All Guac Credit is forfeited upon account deletion
• We reserve the right to modify, suspend, or discontinue the Guac Credit program at any time, including changing the earning rate or redemption value, with reasonable notice

11. Wallet Top-Ups (Prepaid Credit)

You can add prepaid credit to your Guac wallet to pay for in-app services such as voice calls, messaging, virtual phone numbers, and eSIM purchases. Wallet credit is held in U.S. dollars and denominated in Guac Credit (100 Guac Credit equals $1.00 USD).

The following terms apply to wallet top-ups:

• All wallet top-ups are final and non-refundable, except as expressly provided in these Terms or required by applicable law
• Top-ups are added to the same Guac Credit balance described in Section 10. Credit purchased through a top-up and Credit earned through cashback are not tracked separately
• Wallet credit is not redeemable for cash and cannot be transferred to another account, sold, or exchanged for any other instrument
• Wallet credit can only be used inside the Guac app for the services we offer at the time of redemption
• Wallet credit does not expire based on time elapsed, but a Guac account that shows no login, purchase, or service use for 12 consecutive months may be designated inactive. We will give you reasonable advance notice (at least 30 days) by email before treating any account as inactive, and you can reactivate the account by logging in or contacting support. After an extended period of continued inactivity following notice, we may cancel any remaining wallet credit balance to the extent permitted by applicable law. We will not charge inactivity fees against your wallet balance
• Promotional bonuses (such as the first-time top-up bonus) are governed by the rules shown at the time of the offer. If a top-up that received a bonus is later refunded, charged back, or otherwise reversed, the bonus is reversed as well
• If a payment is reversed, charged back, or refunded by us or your card issuer after credit has been added, we may deduct the equivalent amount of credit from your wallet. Your balance may go negative as a result, and you must clear the negative balance before purchasing or using Guac services again
• We may refuse or limit top-ups at our discretion, including for fraud prevention, daily or hourly limits, or compliance reasons
• Outstanding wallet credit is forfeited upon account deletion (see Section 15)

Wallet credit is not an electronic money instrument, payment account, or stored-value financial product. It is in-app credit usable only within Guac for the services we offer.

12. Voice Calls, Messaging & Phone Numbers

Guac includes voice calling, SMS, and rented phone-number features (collectively, the “Calling Services”) that connect through internet-based technology and a third-party carrier partner. The terms in this section apply when you use Calling Services and are in addition to the rest of these Terms. Where this section conflicts with another section in respect of Calling Services, this section controls.

No Emergency Calling.

Calling Services do not support calls to emergency services such as 911 in the United States, 112 in Europe, or any equivalent number in your country. Do not rely on Guac to reach police, fire, ambulance, or any other emergency responder. You must keep an alternative way to call emergency services available at all times, such as your device's primary mobile network or a landline.

When you place an outbound call through Guac, we do not transmit your physical location to public safety answering points (PSAPs) or any other emergency authority. Calls are routed over the internet through our carrier partner, and call connectivity depends entirely on your internet connection. Before your first call you must acknowledge these limitations in the app, and that acknowledgment forms part of these Terms.

Best-Effort Service.

Calling Services are provided on a best-effort basis. Calls and messages are carried over your internet connection and through our carrier partner, and we cannot guarantee that any individual call will connect, that audio quality will meet any particular standard, or that any message will be delivered. Performance depends on factors outside our control, including your internet connection, your device, the destination network, and the availability of our carrier partner.

We do not commit to any service level, uptime percentage, or latency target for the Calling Services. Calls may drop, fail to connect, or arrive with degraded audio. Inbound calls may not ring your device if push notifications are disabled, your device is offline, the operating system has suspended the app, or the call is intercepted by the operating system's call-screening features.

SMS Notifications from Guac.

By creating a Guac account and purchasing Calling Services, you consent to receive SMS messages from Guac on your rented Guac Number and any other phone number you provide to us. These messages may include account notifications (such as activation confirmations, subscription renewals, low balance alerts), customer support communications, two-factor authentication codes, and delivery or service notifications you have signed up for. Message frequency varies based on your account activity. Message and data rates may apply.

You can opt out of Guac-originated SMS messages at any time by replying STOP to any such message. To opt back in, reply START. For help, reply HELP, email support@guac.online, or visit https://guac.online. Opting out of SMS notifications does not cancel your phone-number subscription or other Guac services; you can manage your subscription separately in the Guac mobile app.

Mobile information collected for SMS opt-in and consent will not be shared with third parties or affiliates for marketing or promotional purposes.

Phone Numbers.

Phone numbers offered through Guac are rented from our carrier partner. A number is assigned to your account only while your subscription is active and paid in full. Numbers are not your property and are not assets you own. If your subscription lapses, is cancelled, or is terminated for cause, the number is returned to the carrier pool and may be reassigned to another customer. We cannot guarantee that you will be able to reclaim a previously held number.

Number portability (porting a Guac number to another carrier, or porting an external number into Guac) is not currently supported. If we add port-out support in the future, the process and any associated fees will be published in the app and on our website.

If we discontinue a specific number type, a country, or the Calling Services product entirely, we will refund the unused portion of your current subscription period on a pro-rata basis to your original payment method or, at our option, to your wallet. We will provide reasonable advance notice of any such discontinuation when circumstances allow.

Identity Verification.

We may require you to verify your identity, your address, or your right to use a phone number before we provision a Guac Number, accept a wallet top-up, or allow you to use Calling Services. Identity verification is not currently required for the country codes we offer at launch, but we may introduce it at any time, including for specific number types, specific countries, or specific risk patterns, and we may suspend or refuse service if verification fails or is not completed.

Subscription Periods.

Guac Number subscriptions are offered in fixed periods of one (1) month or twelve (12) months. We do not currently offer other subscription lengths. Twelve-month subscriptions are billed in a single upfront payment at the rate displayed in the app at the time of purchase. Both subscription types renew automatically at the end of each period at the then-current rate, until cancelled.

Acceptable Use of Calling Services.

You agree to use Calling Services only for lawful, personal, non-commercial communication. You may not use Calling Services for telemarketing, autodialed calls or texts, prerecorded or artificial-voice messages (robocalls), bulk or unsolicited SMS (robotexts), harassment, threats, fraud, scams, impersonation of any person or entity, or any activity intended to deceive the recipient about the origin or purpose of the communication.

You are solely responsible for compliance with all laws applicable to your calls and messages, both in the jurisdiction where you originate them and in the jurisdiction of the recipient. In the United States this includes the Telephone Consumer Protection Act (TCPA), the Federal Trade Commission's Telemarketing Sales Rule, the CAN-SPAM Act, and corresponding state laws. Outside the United States, equivalent rules apply and you are responsible for knowing and following them.

Violation of this section may result in immediate suspension or termination of Calling Services without refund, removal of rented numbers from your account, withholding of unused wallet credit pending review, and reporting of the activity to our carrier partner, payment processor, or law enforcement where required.

Do Not Call Compliance.

If you place outbound calls or send outbound SMS through Guac, you are solely responsible for compliance with the United States National Do Not Call Registry, applicable state Do Not Call lists, and any equivalent registries in other jurisdictions. Guac does not screen, scrub, or filter your outbound calls or messages against any Do Not Call registry on your behalf, and we make no representation that the recipients of your calls or messages have consented to be contacted.

Before contacting any recipient, you are responsible for confirming that you have the legal right to do so. Complaints from recipients, or evidence that you are contacting numbers on a Do Not Call registry without a legally valid basis, may result in suspension or termination of Calling Services.

Recording Consent.

Guac does not record the audio content of your calls. If you choose to record a call yourself, whether through your device's operating system, a third-party app, or any other tool, you are solely responsible for complying with all applicable call-recording and wiretapping laws.

Many jurisdictions require every party to a call to consent before the call may be recorded. In the United States these include California, Florida, Illinois, Maryland, Massachusetts, Montana, New Hampshire, Pennsylvania, and Washington, among others. Other countries have their own consent rules, some stricter than United States law. You must obtain whatever consent the law requires from every party to the call before you record. Guac is not responsible for any claim or liability arising from your recording of a call.

Caller ID and Verified Numbers.

Outbound calls placed through Guac display a caller ID chosen by you, subject to verification. To present a personal phone number you control as your outbound caller ID, you must complete the verification flow in the app, which proves that you can receive a call or SMS at that number. We may require re-verification at any time.

Verified caller IDs may be revoked at any time, with or without notice, if we have reason to believe the verification is no longer valid, the underlying number has changed hands, or the caller ID is being used abusively. We may also suspend your ability to verify caller IDs entirely if we detect repeated abuse.

You may not present a caller ID that you do not have the right to use, that misrepresents your identity, or that is intended to defraud, harass, or wrongfully obtain anything of value from the recipient. Caller ID spoofing for unlawful purposes is prohibited under the United States Truth in Caller ID Act and similar laws in other jurisdictions, and is prohibited under these Terms regardless of whether it is unlawful in your specific jurisdiction.

Charges and Refunds.

Outbound calls are billed per minute and outbound SMS are billed per message segment, at the rates displayed in the app at the time of use. Inbound calls and inbound SMS to your rented Guac numbers are included in your phone-number subscription unless otherwise noted. All per-minute and per-message charges are deducted from your wallet credit balance as described in Section 11. If your wallet balance reaches zero during an active call, the call may be terminated automatically.

Phone-number subscriptions are billed in advance and renew automatically at the end of each subscription period until you cancel. You can cancel a subscription at any time in My Numbers, and your number will remain active until the end of the current paid period. We do not refund cancelled or unused subscription periods except as described in our Refund Policy or as required by applicable law.

If we are unable to provision a phone number you have paid for, we will automatically cancel the subscription and refund the most recent invoice in full to your original payment method, as described in our Refund Policy.

Regulatory Suspension.

We may suspend, restrict, or terminate any Calling Service, including any specific Guac Number, in order to comply with applicable law, a court order, a request or direction from a regulatory or law-enforcement authority, or a directive from our carrier partner. Where suspension is required for reasons not caused by your breach, we will refund the unused portion of any pre-paid period for the affected service on a pro-rata basis to your wallet, or to your original payment method at our discretion.

Fraud and Abuse Controls.

We apply rate limits and other controls to calls, SMS, and phone-number reservations to prevent toll fraud, spam, and abuse. These limits may change without notice and are not published as service levels or guarantees.

We may suspend, restrict, or terminate your access to Calling Services at any time, with or without notice, if we have reasonable grounds to believe that you have engaged in toll fraud, originated spam or abusive SMS traffic, harassed or threatened a recipient, attempted to circumvent our rate limits or fraud controls, generated call or messaging patterns consistent with automated abuse, or violated any other provision of these Terms.

If your account is suspended or terminated for fraud or abuse, we may withhold any unused wallet credit pending investigation, cancel rented numbers without refund, and report the activity to our carrier partner, payment processor, or law enforcement as appropriate.

13. Intellectual Property

Guac, the Guac name and logo, the Guac mobile application, the Guac website, and all related content, software, and design elements are owned by POLEX LLC or its licensors and are protected by United States and international copyright, trademark, and other intellectual property laws.

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Guac for your personal, non-commercial use. You may not copy, modify, adapt, translate, publicly display, distribute, sell, sublicense, reverse engineer, decompile, or create derivative works of any part of Guac without our prior written permission, except to the extent that applicable law prohibits the restriction of such activity.

If you believe that any content available through Guac infringes your copyright, trademark, or other intellectual property right, please contact us at legal@guac.online with a description of the content, the right you believe is being infringed, and your contact information. We will review the report and take appropriate action.

14. Mobile Application License

Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Guac mobile application (the “App”) on a mobile device that you own or control, solely for your personal, non-commercial use. You may not, and you may not permit anyone else to: (a) decompile, reverse engineer, disassemble, or attempt to derive the source code of the App, except to the extent applicable law prohibits the restriction of such activity; (b) modify, adapt, translate, or create derivative works based on the App; (c) remove, alter, or obscure any proprietary notice in the App; (d) use the App for any commercial purpose, revenue-generating activity, or any purpose for which it is not designed; (e) make the App available over a network or in any environment permitting use by multiple devices or users at the same time, except as expressly permitted by Guac; (f) use the App to develop a competing product or service; or (g) use the App in any manner that violates any applicable law or the rights of any third party.

App Distributor Terms (Apple and Google).

The following additional terms apply when you obtain the App from the Apple App Store or the Google Play Store (each, an “App Distributor”):

1. The license granted to you for the App is limited to a non-transferable license to use the App on a device that runs Apple iOS or Google Android, in accordance with the usage rules set out in the applicable App Distributor's terms of service.

2. We, and not the App Distributor, are solely responsible for the App and its content. The App Distributor has no obligation to provide any maintenance or support services in respect of the App.

3. In the event of any failure of the App to conform to any applicable warranty, you may notify the relevant App Distributor, and the App Distributor may refund the purchase price of the App, if any. To the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever in respect of the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are our sole responsibility.

4. We, and not the App Distributor, are responsible for addressing any claims by you or any third party relating to the App or your use of it, including product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, and claims arising under consumer protection or similar legislation.

5. We, and not the App Distributor, are responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App or your use of it.

6. You represent and warrant that (i) you are not located in a country subject to a U.S. government embargo or designated by the U.S. government as a “terrorist supporting” country, and (ii) you are not listed on any U.S. government list of prohibited or restricted parties.

7. If you use the App with any voice-over-IP (VoIP), calling, or messaging feature, you must comply with the wireless data service agreement and all other terms of agreement applicable to your device, your network operator, and any other third-party service you use. Calling Services consume mobile data and may incur charges from your network operator that are separate from any fees charged by Guac.

8. You acknowledge and agree that the App Distributors are third-party beneficiaries of this Section 14, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce this Section 14 against you as a third-party beneficiary.

15. Termination

By You: You may delete your account at any time. Upon deletion, your eSIMs, Guac Credit balance, rented phone numbers, and associated data will be permanently removed unless retention is required for legal or compliance purposes (such as anonymized order records for tax reporting).

By Us:We may suspend or terminate your account if you violate these terms, engage in fraudulent activity, or abuse our service. We'll try to give you notice unless immediate action is required.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GUAC IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO REPRESENTATION THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DEFECT WILL BE CORRECTED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL GUAC OR ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR THE COST OF SUBSTITUTE SERVICES; OR FOR ANY DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, GUAC, EVEN IF GUAC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED.

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS, OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO GUAC OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) AND (B) THE TOTAL AMOUNTS YOU PAID TO US FOR THE GUAC SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THIS IS AN AGGREGATE LIMIT AND NOT A PER-INCIDENT LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT EXPAND THIS LIMIT.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of the above exclusions and limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.

New Jersey Residents. If you are a consumer resident in New Jersey, the limitations and exclusions in this Section 16 do not apply to claims for (i) negligence, (ii) products liability, (iii) statutory or punitive damages, (iv) loss of data or damage to property, (v) violations of the New Jersey Uniform Commercial Code, or (vi) failure to reasonably protect against harm arising from criminal acts of third parties. Nothing in these Terms is intended to deny you any remedy that cannot be waived under New Jersey law.

17. Indemnification

You agree to defend, indemnify, and hold harmless POLEX LLC, its affiliates, and their respective officers, directors, employees, contractors, and agents from and against any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to: (a) your access to or use of Guac, the Service, or any content or feature offered through Guac; (b) your breach of these Terms, including any representation, warranty, or covenant you make in them; (c) your violation of any applicable law, regulation, or third-party right, including any intellectual property right, privacy right, or right of publicity; (d) any content you submit, post, transmit, or otherwise make available through Guac; (e) your use of Calling Services, including any call you place, message you send, caller ID you present, or recording you make; or (f) any dispute between you and any third party, including any recipient of a call or message you sent through Guac.

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with our defense of that claim. You may not settle any claim subject to indemnification without our prior written consent. We will use reasonable efforts to notify you of any claim, action, or proceeding subject to this Section 17 promptly after we become aware of it.

18. Changes to Terms

We may update these terms from time to time. We'll notify you of material changes via email or in-app notification at least 30 days before they take effect. Continued use after changes constitutes acceptance.

19. Dispute Resolution; Binding Arbitration; Class Action Waiver

Please read this Section 19 carefully. It requires you and Guac to resolve most disputes through binding individual arbitration rather than in court, and it waives your right to participate in a class action or jury trial. You may opt out of arbitration as described below.

19.1 Informal Resolution.

Before initiating any formal dispute, you and Guac agree to first contact each other and try to resolve the dispute informally for a period of at least 30 days. You can reach us at legal@guac.online. We will reach you using the email address associated with your account. Most concerns can be resolved in this stage.

19.2 Agreement to Arbitrate.

Except for the matters described in Section 19.4 (Exceptions) and the opt-out right in Section 19.5, you and Guac agree that any past, present, or future dispute, claim, or controversy arising out of or relating to your use of Guac, these Terms, or any communication between you and us (a “Dispute”) will be resolved exclusively by final and binding individual arbitration. This Section 19 applies to claims based on contract, tort, statute, fraud, misrepresentation, consumer protection law, or any other legal theory, and applies whether the Dispute arises during or after termination of these Terms. The arbitrator, and not any federal, state, or local court, has exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable. The Federal Arbitration Act governs the interpretation and enforcement of this Section 19.

19.3 Jury Trial and Class Action Waiver.

YOU AND GUAC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATED OR REPRESENTATIVE PROCEEDING OF ANY KIND, INCLUDING ANY MASS ARBITRATION. The arbitrator may award relief only in favor of the individual party seeking relief, and only to the extent necessary to provide relief warranted by that party's individual claim. If a court or arbitrator decides that this Section 19.3 is unenforceable as to any particular claim, then that claim (and only that claim) must be severed from the arbitration and brought in the courts identified in Section 19.10, and all other claims will continue to be arbitrated.

19.4 Exceptions.

Notwithstanding Section 19.2, either party may: (a) bring an individual claim in a small claims court of competent jurisdiction, provided the action remains in that court and is not removed or appealed to a court of general jurisdiction; (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement, misappropriation, or violation of intellectual property rights; or (c) pursue an enforcement action through any applicable federal, state, or local agency where that action is otherwise available.

19.5 30-Day Right to Opt Out.

You can opt out of this Section 19 (Dispute Resolution; Binding Arbitration; Class Action Waiver) by sending us a written opt-out notice within 30 days after you first accept these Terms. Your opt-out notice must include your full legal name, the email address associated with your Guac account, and a clear statement that you wish to opt out of arbitration with Guac. Send your notice by email to legal@guac.onlinewith the subject line “Arbitration Opt-Out”, or by mail to:

POLEX LLC, Attn: Legal — Arbitration Opt-Out
1309 Coffeen Avenue STE 1200, Sheridan, Wyoming 82801, USA

If you opt out, this Section 19 (other than this opt-out clause) will not apply to you, and any Dispute between you and Guac will be governed by Sections 19.10 (Venue) and 20 (Governing Law). Opting out has no effect on any other provision of these Terms, and does not affect any prior arbitration agreement between you and Guac.

19.6 Arbitration Rules and Forum.

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules in effect at the time the arbitration is commenced (the “AAA Rules”), as modified by these Terms. The AAA Rules are available at www.adr.org or by calling +1-800-778-7879. If the AAA is unavailable to administer the arbitration, the parties will agree on a substitute administrator, or, failing agreement, a court of competent jurisdiction will appoint one.

19.7 Commencing Arbitration.

Before commencing arbitration, the party initiating the Dispute must send a written Notice of Arbitration to the other party. Your Notice of Arbitration to us must be sent by certified mail, FedEx (signature required), or email to legal@guac.online, and must contain (a) your name and Guac account email, (b) a clear description of the nature and basis of your claim, and (c) the specific relief you are seeking. If we cannot resolve the Dispute within 30 days after we receive your Notice of Arbitration, you or we may commence arbitration by filing a demand under the AAA Rules.

19.8 Arbitration Procedures.

The arbitration will be conducted by a single neutral arbitrator. The seat of the arbitration will be the county and state of your billing address. If the amount in controversy is US $10,000 or less and does not seek injunctive relief, you may elect to have the arbitration conducted (i) solely on documents submitted to the arbitrator, (ii) by telephone or video, or (iii) by an in-person hearing in the seat of arbitration. For larger amounts in controversy or claims seeking injunctive relief, the format of the hearing will be determined under the AAA Rules. The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which any award is based. The arbitrator may award any relief that a court of competent jurisdiction could award in an individual action, subject to the limitations in Section 19.3 (no class or representative relief) and Section 16 (Limitation of Liability). Judgment on the award may be entered in any court having jurisdiction. Payment of filing, administrative, and arbitrator fees will be governed by the AAA Rules, except that we will pay any fee the AAA Rules would otherwise require you to pay if the amount in controversy is US $10,000 or less, unless the arbitrator determines that your claim was frivolous.

19.9 Modifications to this Section.

If we make any material change to this Section 19 in the future, you may reject the change by sending us written notice within 30 days of the effective date of the change, in which case your account will be closed and the version of this Section 19 in effect immediately before the change will continue to apply to any Dispute between us. If you do not reject the change within that 30-day window, the change will apply to you on a going-forward basis.

19.10 Venue if Arbitration Does Not Apply.

If the agreement to arbitrate in this Section 19 is found unenforceable as to a particular claim, or if you have validly opted out under Section 19.5, then any action arising out of or relating to that claim must be brought exclusively in the state or federal courts located in Wyoming, USA. You and Guac consent to the personal jurisdiction of those courts and waive any defense of lack of personal jurisdiction or forum non conveniens with respect to those courts. Any claim must be brought within one (1) year after the cause of action accrues, except where applicable law prohibits a shorter limitation period than the statutory one.

19.11 Survival.

This Section 19 will survive termination of these Terms or your account.

20. Governing Law

These terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles. This does not affect mandatory consumer protection laws in your jurisdiction.

If you are a consumer outside the United States, you may have mandatory rights under local law, including the right to bring claims in your local courts. Those rights are not waived by these Terms.

21. Affiliate Program

Guac offers an affiliate program that lets registered users earn commission on referred purchases. The commission rate is set at registration and may vary; the current default is 10%. Referral attribution lasts 30 days from the referral click.

Commissions have a 30-day hold period before approval. Commissions are rejected if the referred order is refunded or disputed. Self-referrals (purchasing through your own link) are prohibited.

Guac reserves the right to modify commission rates, suspend or terminate affiliates, or discontinue the program at any time. Payouts are processed manually; Guac will contact affiliates regarding payout methods.

Abuse of the affiliate program (fake referrals, spam, misleading promotion) may result in account suspension and forfeiture of unpaid commissions.

22. Contact Us

Questions about these terms?

• Email: legal@guac.online
• Legal Entity: POLEX LLC, Wyoming, USA