We save information about your purchases and transactions in the Mild App. As a part of the Services provided under these terms, Mild enables you to see information about your purchases and transactions in the Mild App. If you want to learn more about how Mild uses this information, and other information we have about you, please see our Privacy Notice.

Mild may offer you, offers and benefits such as discounts, special events, pre-access to products, sales promotions, merchant offers, sampling and giveaways. What offers and benefits you receive will be based on your previous actions such as number of purchases, purchase amounts, or usage of Mild Services.

The Services are free of charge. Please note that interest and fees may apply to the use of a specific payment method. So make sure you check the specific information for the payment method that you use.

We constantly work to improve our Services in order for you to get an even smooother user experience. This may require changes to these terms. In this case, you will be asked to accept the new terms before you can continue to use the Services.

To offer you the Services, we need to process your personal data - we encourage you to read our Privacy Policy for a more detailed understanding of how we process and protect your data.

For parts of the Services we use cookies and similar technologies to deliver a tailored and smoooth online experience.

You shall always provide correct information and use your own and correct identity. Any use of information that does not belong to you or that you for other reasons are not authorized to use, or the use of the Services in a non-prescribed way, will be seen as a misuse. Any data relating to misuse or suspected misuse may be saved and used for future risk assessment and for the protection of involved parties. Mild reserves the right to block the Services from further usage.

If you upload, import or share content to Mild, like images, texts, receipts, information on goods, service or deliveries, or other content, you grant Mild a royalty-free right to use and display the content for purposes of delivering Mild Services. We have the right to remove any content uploaded or shared by you if we are required by law, or believe it is offensive, inappropriate, unlawful, violating the rights of others, or otherwise objectionable. You are liable for any content uploaded or shared by you. You acknowledge and agree that if you upload, import or share content that violates, or Mild may reasonably assume to violate, law or your agreement with Mild, we may terminate or deactivate your use of the Mild App.

To be eligible to use the Mild Services, you must:

• have full legal capacity to enter into a contract;
• be at least eighteen (18) years old or of legal age in your state of residence; and
• provide your personal details.

By providing Mild your landline or mobile telephone number, you consent to receive calls and/or texts at that number, including those sent through the use of automated technology and/or prerecorded messages, regardless of whether the number is on the federal or any state do-not-call list. Mild and third parties representing Mild may use this number to call and/or text you with transactional messages and to provide relevant offers or other marketing. Mild’s merchant partners may use this number to call and/or text you with transactional messages. Your carrier’s standard telephone minute and text charges may apply. Mild will not share the phone number you provide with third parties who are not affiliated with us, unless they are our merchant partners or service providers acting on our behalf, without your consent. Mild, its merchant partners or third parties who represent Mild may also contact you at the email address you provide. You further agree to electronic communications, as outlined below in the Electronic Communication Agreement below.

You represent that you are authorized to use the payment method and authorize Mild to (1) debit, withdraw or charge your payment method and (2) to initiate any credit, debit or charge to your payment method in order to process any returns, chargebacks, reversals, refunds, corrections or other necessary adjustments. All card payments are subject to authorization by your card issuer. If you are not given the digital invoice option and you select to pay by credit or debit card, Mild will process the payment when your order with the merchant has been confirmed.

Mild is not in any way responsible for the goods or services you order or purchase from merchants, including, without limitation, the quality of such goods and services and how and whether such goods or services are delivered. Mild does not provide any endorsements or guarantees for any goods or services offered for sale on third party websites linked to the Mild Services. Mild does not warrant the accuracy or reliability of any information or marketing messages contained in the third party websites linked to the Mild Services. You must contact the merchant to resolve any issues you have with respect to the goods and services you ordered or purchased from the merchant, including, without limitation, any issues relating to shipping and delivery, product warranty, product return, and the terms of any agreements you entered into with the merchant in connection with your order or purchase. Further, you may have certain dispute rights through your debit card issuer if you pay with a debit card. Any disputes filed with your debit card issuer shall be between you and the issuer, and Mild shall not be held liable for such disputes.

In connection with your use of the Mild Services, you agree not to do any of the following:

• Breach these Terms, the Mild Privacy Policy, or any other agreement you have entered into with Mild;
• Infringe our intellectual property rights;
• Fail to provide us with any information about you that we may reasonably and legally request; or
• Reveal any PIN or similar code we send you to anyone else. We are not responsible for losses incurred by you, or by any person other than you, arising as a result of your misuse of your PIN or similar code.

This agreement is concluded for an indefinite period of time. It applies until it is terminated by you or us and can be terminated at any time, except that the Mandatory Arbitration of Disputes section will still operate after termination.

THE MILD SERVICES ARE PROVIDED “AS IS” AND MILD AND ITS AFFILIATES MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO YOUR USE OF THE MILD SERVICES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MILD DISCLAIMS ANY AND ALL STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Mild does not guarantee the continuous, uninterrupted, error-free or secure use of any part of the Mild Services. Use of the Mild Services may be interrupted due to events outside Mild’s reasonable control, such as delays in the banking system or credit card networks. Mild will use commercially reasonable efforts to process payments in a timely manner, but Mild makes no representations or warranties regarding the time it takes to complete any transaction as it relates to its services.

Mild does not approve or control any third party website or application and we are not responsible or in any way liable for their content. If you use such websites or applications from third parties, the terms and conditions for those websites or applications will apply to you.

IN NO EVENT SHALL MILD AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF MILD OR ITS AFFILIATES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS ARISING OUT OF OR IN CONNECTION WITH THE MILD SERVICES, MILD WEBSITES OR THESE TERMS, WHETHER IN CONTRACT, TORT (WHETHER IN NEGLIGENCE OR STRICT LIABILITY) OR OTHER LEGAL OR EQUITABLE THEORY. THE LIABILITY OF THE ABOVE-MENTIONED PARTIES, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE ACTUAL AMOUNT OF DIRECT DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MILD AND ITS AFFILIATES, AND THE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND SUPPLIERS OF MILD OR ITS AFFILIATES, ARE NOT LIABLE, AND YOU AGREE NOT TO HOLD THESE PARTIES RESPONSIBLE FOR, ANY DAMAGES OR LOSSES RESULTING DIRECTLY OR INDIRECTLY FROM: (1) YOUR USE OF OR YOUR INABILITY TO USE ANY MILD SERVICE OR ANY MILD SITE; (2) DELAYS OR DISRUPTIONS IN ANY MILD SERVICE OR ANY MILD SITE; (3) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING ANY MILD SERVICE OR ANY MILD SITE; (4) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN ANY MILD SERVICE OR ANY MILD SITE; (5) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ANY THIRD PARTY WEBSITE OR APPLICATION LINKED TO ANY MILD SERVICE OR ANY MILD SITE; (6) CLAIMS OF BREACH OF WARRANTY OR GUARANTEE; (7) GOODS AND SERVICES YOU PURCHASED FROM MERCHANTS, OR THE RETURN OF SUCH GOODS AND SERVICES; OR (8) CHANGES TO THESE TERMS. These limitations and exclusions apply even if your remedies do not fully compensate you for any losses or if Mild or its affiliates, knew or should have known about the possibility of damages.

You may not transfer or assign any rights or obligations you have under these Terms without Mild’s prior written consent. Mild reserves the right to transfer or assign these Terms or any right or obligation under these Terms at any time without your consent.

These Terms, along with any applicable Mild policies and other agreements that you have agreed to, sets forth the entire understanding between you and Mild with respect to the Mild Services. It supersedes any prior agreements between you and Mild regarding your use of the Mild Services. All parts of these Terms apply to the maximum extent permitted by law. Unless stated otherwise in these Terms, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

These Terms are solely for your and Mild’s benefit. It is not for the benefit of any other person, except for Mild’s parent and affiliates, which you agree are third party beneficiaries, as well as Mild’s successors, affiliates, and assigns.

You agree that the laws of the State of Delaware will govern these Terms and any claim or dispute that has arisen or may arise between you and Mild, except as otherwise stated in these Terms. Subject to the Arbitration Provision, you may also litigate any dispute in small claims court with jurisdiction over that dispute, if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or not you negotiated with Mild informally first.

For complaints, the information provided on usemild.com applies. If you have a complaint towards Mild, you can submit your complaint through the contact form on Mild’s website (usemild.com) or via postal mail with the keyword "Complaint” to Mild’s address.