Terms of Sale

Last Revised: November 8, 2023

BlinkSky, Inc. (“BlinkSky,” “we” or “us”) makes products available for purchase through BlinkSky’s eGift website, mobile applications and approved third party websites displaying BlinkSky’s eGift icon. Your purchase of any BlinkSky product is governed by these Terms of Sale (“Terms”). Your purchase of a Vendor’s eGift Card, described in Section 1.3 below, is governed by the applicable terms and conditions of that eGift Card and these Terms will cease to apply at the time of such purchase. Your use of BlinkSky eGift website, mobile applications and approved third party websites displaying BlinkSky’s eGift icon are governed by our Terms of Service, see here.   These Terms are a legal agreement between you (“you,” or “your”) and BlinkSky. By purchasing BlinkSky products and/or clicking to “Accept” these Terms where that option is made available to you, you agree to be bound by these Terms. If you do not agree to these Terms, do not make any purchases from BlinkSky. BlinkSky reserves the right to change, modify, add or remove all or part of these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes by posting such changes on our website and updating the “Last Updated” date at the top of these Terms. We encourage you to review these Terms each time you make a purchase from BlinkSky to ensure you understand the terms and conditions that apply to such purchase. Your continued use of BlinkSky products indicates your acceptance of any changes to the Terms.

1. BlinkSky Products

eGift Cards. We offer a variety of eGift Cards and gift codes (collectively, “eGift Cards”) for purchase via our websites, mobile applications or approved third party websites displaying BlinkSky’s eGift icon, deliverable to recipients via text messaging. BlinkSky accepts various forms of payment, including by credit or debit card bearing Visa, MasterCard, American Express, or Discover logo, PayPal, Apple Pay, and Bitcoin (each, a “Payment Card”). All eGift Cards are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue products without notice, even if you have already placed your order. The total/aggregate amount that you may load on one or multiple eGift Cards in a single day should not exceed USD$1,000. All prices are subject to change without notice and the price charged to you will be the price displayed at the time you place your order. Purchase of any eGift Card will incur a convenience fee of USD$0.99 per transaction and will appear as one charge on your bank or credit card statement. After purchasing a eGift Card, these Terms will no longer apply and you (or the recipient of the eGift Card) must activate the eGift Card then redeem by following the instructions provided by the Vendor, defined at the back of each card. The eGift Card will only function upon activation. Activated eGift Cards may be available within seconds; however, additional time may be required for certain activations. If your eGift Card has not been activated within 5 minutes, please contact us at support@blinksky.com. eGift Card Vendor Terms and Liability. eGift Cards purchased via our website, mobile application or approved third party websites displaying BlinkSky’s eGift icon are issued by participating third-party merchants, retailers and vendors (collectively “Vendors”). Your purchase of each eGift Card will be governed by certain terms and conditions established by the issuing Vendor. Depending on the applicable law of your jurisdiction and the promotional nature of certain eGift Cards, Vendors may set expiration dates for such eGift Cards, in addition to other restrictions and requirements. You should review and familiarize yourself with all applicable Vendor terms and conditions prior to purchasing any eGift Card. If you have questions regarding the applicable Vendor terms, please contact the issuing Vendor. As issuers of the eGift Cards, Vendors (and not BlinkSky) are fully responsible for all aspects of their eGift Card programs. Vendors are also responsible for any and all liabilities, damages and costs suffered by you or any other customer in connection with your purchase and use of their eGift Card. While BlinkSky strives to work with reputable Vendors, BlinkSky has no liability for (i) the sale of products or services to you by a Vendor through the use of any eGift Card; and (ii) any Vendor’s failure to honor a eGift Card. You will need to look solely to the Vendor for any remedy in connection with the foregoing issues. eGift Card Errors. We attempt to be as accurate as possible and to eliminate errors on the products that we sale; however, BlinkSky does not represent or warrant that any eGift Card and information about the eGift Card (including the description, Vendor information or pricing information) provided is accurate, complete, reliable, current or error-free. In the event of an error, in an order confirmation, in processing a eGift Card purchase or otherwise, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged.

2. Disclaimers

• In addition to the disclaimers, limits on liability and indemnification obligations set forth in the Terms of Service, which apply to these Terms and are incorporated herein by this reference, you waive and release BlinkSky and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any liabilities, damages and costs arising from or related to (i) your loss or the theft of any BlinkSky product (including eGift Cards); and (ii) any act or omission of a Vendor in connection with a eGift Card it provides.

• With respect to the BlinkSky products, risk of loss and title for such products pass to you when you complete your purchase of the applicable product. BlinkSky is not responsible for any damage or loss resulting from stolen or lost BlinkSky product (including eGift Cards) or any use of your BlinkSky product (including eGift Cards) without your permission. BlinkSky is not responsible for replacing your damaged or lost BlinkSky product or eGift Card.

• BlinkSky and its licensees, affiliates, and licensors make no warranties, express or implied, with respect to the BlinkSky products, including without limitation, any express or implied warranty of merchantability or fitness for a particular purpose. • Subject to the monetary caps described in Section 1 above, BlinkSky products are transferrable within the USA, Canada and UK; however, you CANNOT resale BlinkSky Cards to a third party. These disclaimers and limitations may or may not apply to you and are void where prohibited.

3. Payment Options

When making a purchase on BlinkSky’s website, mobile applications or approved third party websites displaying BlinkSky’s eGift icon, BlinkSky accepts various forms of payment bearing Visa, MasterCard, American Express, or Discover logo, PayPal, Apple Pay, Google Wallet and Bitcoin. Unless otherwise indicated, the denominated value of the eGift Card will be billed in full at the time you purchase along with all applicable fees. By making the purchase, you acknowledge that you are authorized to use the designated Payment Card and you authorize us to charge your purchase order to that Payment Card. When you provide your payment information, you authorize us to process and store your payment and related information. In the event that the Payment Card you designate cannot be verified, is invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. Payment Card processing fees may apply even if the Payment Card has expired or changed by the time BlinkSky submits the charges. You are responsible for resolving any problem we encounter in order to proceed with your order.

4. Taxes

With respect to the eGift Cards that you purchase on the website, mobile applications or approved third party websites displaying BlinkSky’s eGift icon, the amount paid for any eGift Card does not include sales, value added or use taxes, which may be charged to you separately by the applicable Vendor at the time you purchase products or services from the Vendor using the eGift Card.

5. Cancellations; No Returns

All purchases made on the website, mobile applications or approved third party websites displaying BlinkSky’s eGift icon are final. Purchased eGift Cards are non-returnable and non- refundable, provided, however, that if a eGift Card does not function, we may, in our sole discretion, either refund you the eGift Card purchase amount or replace the defective eGift Card with an alternative eGift Card or with products or services of equal value for the same eGift Card Vendor. If you have any questions or problems with your order, please contact support@blinksky.com.

6. Excluded Users and Territories

You are not permitted to make purchases from BlinkSky if you are (i) located in, under the control of, or a national or resident of any country to which the United States has embargoed goods or services; (ii) identified as a “Specially Designated National”; or (iii) placed on the U.S. Department of Commerce’s “Denied Persons List or Entity List” or any other U.S. export control list. BlinkSky Cards are only available for purchase and use in the USA, Canada & UK.

7. Privacy

Please refer to our Privacy Policy for information about how we collect, use and disclose information and data.

8. Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

9. Waiver

Enforcement of the Terms is solely in our discretion and our failure to enforce a provision in some instances does not constitute a waiver of our right to enforce such provision in other instances.

10. Contact Us

If you have any questions or concerns regarding these Terms or the BlinkSky products, please contact us at:  support@blinksky.com; or by mail to:

BlinkSky, Inc.
Attn: Customer Support
12600 Deerfield Pkwy.,
Suite 100, 
Alpharetta, GA 30004-5099