End User Terms

Updated January 5, 2026

These End User Terms (this “Agreement”) are made by and between Ackercamps.com, LLC d/b/a Bunk1, a Delaware limited liability company (“Bunk1”, “Company”, “our”, “ours”, “us”, or “we”), and you, an individual wishing to utilize our Services as an end user (“you”, “your”, or “yours”). Bunk1 and you may each be referred to as a “Party” and together as the “Parties”.

We partner with summer camps to offer families ways of staying connected with their camper (the “Services”), which are accessible (1) through our servers, including web applications and websites (“Web Applications”), and (2) via software that may be downloaded to smartphones or tablets (“Mobile Apps”; and together with Web Applications, the “Platform”).

All access to and use of the Services is subject to this Agreement and our then-current policies relating to the Services for end users, including, without limitation, our Privacy Policy. You are responsible for compliance with all Bunk1 policies applicable to your access and use of the Services, which are posted to the Bunk1 website or otherwise provided through the Services.

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY ACCESSING OR USING THE SERVICES, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THIS AGREEMENT.

IF YOU DO NOT AGREE TO THE TERMS HEREOF, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT, WE ARE NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE SERVICES AND YOU MUST NOT ACCESS OR USE THE SERVICES. IF YOU ACCESS OR USE THE SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THIS AGREEMENT.

THIS AGREEMENT IS ENTERED INTO AS OF THE DATE YOU FIRST ACCESS OR USE THE SERVICES (THE “EFFECTIVE DATE”). THIS AGREEMENT IS SUBJECT TO CHANGE BY US WITHOUT PRIOR WRITTEN NOTICE AT ANY TIME, IN OUR SOLE DISCRETION. THE LATEST VERSION OF THIS AGREEMENT WILL BE POSTED ON OUR WEBSITE OR OTHERWISE DELIVERED TO YOU ELECTRONICALLY. YOUR CONTINUED USE OF THE SERVICES AFTER A POSTED CHANGE WILL CONSTITUTE YOUR ACCEPTANCE OF AND AGREEMENT TO SUCH CHANGES.

1. License Grant for Services. During the term of this Agreement only, we hereby grant to you a non-exclusive, non-sublicensable, non-transferable, revokable, limited license to utilize the Platform and Services, in each case, solely as set forth in this Agreement and the Documentation. For purposes of this Agreement, “Documentation” means the description of the Services, including any specifications, requirements, training guides, webinars, or manuals, and any other information about installation, configuration, interoperability, and use, including any updates thereto, in each case, as provided or made available by or on behalf of Bunk1.

2. Modifications to Platform or Services. Bunk1 reserves the right, at any time, to modify the Platform or Services, or any part thereof, subject to the terms of this Agreement.

3. Suspension of Your Access to Services. Without limiting our right to terminate this Agreement, we may immediately and indefinitely suspend your access to the Services, including, without limitation, access to End User Data (as defined below), by providing notice to you, upon any actual, threatened, or suspected breach of this Agreement or any Applicable Law, or upon any other conduct deemed by us in our sole discretion to be inappropriate or detrimental to the Services, Bunk1, or any other Bunk1 end user or customer, until such breach or inappropriate conduct is cured by you. For purposes of this Agreement, “Applicable Law” means all laws, rules, regulations, rulings, decrees, directives, or other requirements of any governmental authority, and all current industry self-regulatory principles that (a) apply to the Services; (b) relate to the Parties’ rights and obligations in this Agreement, as may be amended or otherwise revised; or (c) apply to the collection, processing, and storage of Personal Data.

4. Your Use of Services.

a. Your Account. Once invited by a camp, you will be granted access to the Services through your own unique account (the “Account”). In some cases, your registration may be pending review by a third party (e.g., the camp director) who administers the part of the Bunk1 website relevant to you. Until you are approved, you will not have access to the password protected community areas of the website. This decision is not made by Bunk1. Bunk1 makes no guarantee that you will be approved in a timely manner or that you will be approved at all. Under no circumstances shall Bunk1 be held responsible for delayed or withheld approval of your registration. You expressly agree that you will not allow any use of or access to the Platform or Services by anyone other than yourself, and any such use or access will be consistent with the terms, conditions, and restrictions set forth in this Agreement.

b. User IDs. You will be provided with or will create a user identification and will select a password (each such user identification and password, a “User ID”). Each User ID is personal in nature and may be used by you alone. You are solely responsible for (i) all use of the Platform and Services through your Account and (ii) any actions through your Account. You will use best efforts to protect the security and confidentiality of your User ID. You will notify us immediately if your User ID is lost, stolen, or otherwise compromised, or of any other unauthorized use of or access to your Account. You acknowledge that you are fully responsible for all losses, damages, liabilities, penalties, costs, purchases, charges, fees, and expenses incurred, and all electronic information transferred, stored, modified, communicated, or shared through, use of your User ID (whether lawful or unlawful) and your Account.

c. Restrictions on Use of Platform and Services. You will not, and will not permit any third-party to, directly or indirectly: (i) use or access the Platform or Services, in whole or in part, except as expressly provided in this Agreement; (ii) violate Bunk1’s privacy policy, as updated from time to time; (iii) use the Platform or Services in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Platform or Services; (iv) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Platform or Services; (v) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Platform or Services; (vi) (A) interfere with, disrupt, or attempt to gain unauthorized access to the servers or networks connected to the Platform or Services, (B) violate the regulations, policies, or procedures of such networks, or (C) interfere in any manner with the operation or hosting of the Platform or Services; (vii) access, or attempt to access, the Platform or Services by means other than through the interface that is provided by us; (viii) use automated scripts to collect information from or otherwise interact with the Platform or Services; (ix) use the Platform or Services to intimidate, discriminate against, or harass any other people or entities; (x) alter, modify, reproduce, create derivative works of the Platform or Services; (xi) except as otherwise specifically set forth herein, distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to use or access the Platform or Services, including providing outsourcing, service bureau, hosting, application service provider, or on­line services to any third-party, or otherwise making the Platform or Services, or use of or access thereto, available to any third-party; (xii) use the Platform or Services (A) for the benefit of a third-party, (B) other than for their intended purposes, or (C) to build a competitive product or service; (xiii) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Platform or Services; (xiv) remove, obscure, or alter any proprietary rights notices (including copyrights and trademark notices) that may be contained in, or displayed in connection with, the Platform or Services; or (xv) use or access the Platform or Services in violation of any Applicable Laws.

d. Third-Party Applications. If you install or enable Third-Party Applications for use with the Platform and/or Services, you acknowledge that we have no responsibility for the interoperability of any such Third-Party Application with the Platform or Services, and that if any such Third-Party Application becomes inoperable, or causes all or any portion of the Platform or Services to become inoperable, we shall no liability or obligation whatsoever to you therefor. For purposes of this Agreement, “Third-Party Applications” means online or mobile applications and any other online or offline software products that are provided by third parties, and that interoperate with, or purport to interoperate with, the Platform and/or Services.

e. Bunk Notes. Your Account may include access to a password-protected, one-way email system we refer to as ‘Bunk Notes’. All Bunk Notes sent on a given day are grouped, sorted, and sent to the third party (e.g., the camp director) who administers this part of the Bunk1 website. This third party prints and distributes the Bunk Notes, not Bunk1. Bunk1 makes no guarantee that Bunk Notes will be delivered in a timely manner or that Bunk Notes will be delivered at all. Under no circumstances shall Bunk1 be held responsible for a Bunk Note not being delivered to its intended recipient. Unused Bunk Note credits are non-refundable and non-transferable and expire at the end of the calendar year, unless otherwise noted.

f. Bunk Replies. Your Account may include access to a fax-back system for camper correspondence we refer to as ‘Bunk Replies’. All Bunk Replies are collected by the third party (e.g., the camp director) who administers this part of the Bunk1 website and are faxed to Bunk1. This third party is responsible for collecting Bunk Replies from campers and they alone, not Bunk1, determine the schedule and frequency of these collections. Bunk1 scans and processes the fax and then delivers the Bunk Replies to their intended recipients. Only correspondence written on correctly formatted Bunk Reply forms can be processed and delivered by Bunk1. Bunk1 makes no guarantee that Bunk Replies will be delivered in a timely manner or that Bunk Replies will be delivered at all. Under no circumstances shall Bunk1 be held responsible for a Bunk Reply not being delivered.

g. Photo Gallery. Your Account may include access to a password-protected ‘Photo Gallery’. Pictures are taken and uploaded to the Bunk1 website by the third party (e.g., the camp director) who administers this part of the Bunk1 website, not Bunk1 itself. Bunk1 makes no guarantee that pictures will be posted in a timely manner, that a specific picture will be posted, or that any pictures will be posted at all. Under no circumstances shall Bunk1 be held responsible for the contents of the Photo Gallery or the lack thereof. Should you choose to order photo prints or photo gifts (e.g., t-shirts, mugs), these items are fulfilled and shipped by a Bunk1 partner company. Title to the merchandise you order transfers to you at the time our partner deposits the merchandise with the designated shipper (e.g., U.S. Mail, UPS).

h. Newsletter. Your Account may include access to a password-protected ‘Newsletter’. Newsletters are written and uploaded to the Bunk1 website by a third party (e.g., the camp director) who administers this part of the Bunk1 website, not Bunk1 itself. Bunk1 makes no guarantee about Newsletter’s content, that Newsletters will be posted in a timely manner, or that any Newsletters will be posted at all. Under no circumstances shall Bunk1 be held responsible for the content of the Newsletter or the lack thereof.

5. End User Data.

a. Definitions. For purposes of this Agreement:

i. “Data Protection Laws” means all laws and regulations relating to or impacting the processing, privacy, or security of Personal Data, in each case as may be amended or replaced from time to time.

ii. “End User Data” means all electronic information, including, without limitation, any photos and images, transferred, stored, modified, communicated, or shared through (i) your Account, (ii) your use of, or access to, the Platform or Services, or (iii) otherwise provided to or accessed by Bunk1 for the purposes set forth under this Agreement; in each case, including any Personal Data relating to you and your camper.

iii. “Personal Data” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly to, a natural person, including information that meets the definition of “Personal Data,” “personal data,” “personally identifiable information,” “sensitive Personal Data” or similar term under applicable Data Protection Laws.

b. License; Title and Non-Infringement.

i. License. For the term of this Agreement, you hereby grant to us a non-exclusive, non-sublicensable, non-transferable, revokable, limited license in and to End User Data, for the sole purpose of us providing Services under this Agreement. As between you and Bunk1, you own and retain all of your rights in and to End User Data and you do not convey any proprietary interest therein to Bunk1 other than the licenses set forth herein.

ii. Title and Non-Infringement. You represent and warrant to us that (i) you have all necessary right, title, interest, authorization, and consent necessary to allow us to access and use End User Data for the purposes for which you provide End User Data to us hereunder, including the transfer, storage, modification, communication, and processing of End User Data, and (ii) that all End User Data was lawfully acquired and its use hereunder does not and will not constitute an infringement, violation, or misappropriation of the rights of any third-party, including, without limitation, intellectual property rights.

c. Content Restrictions. You represent and warrant to Bunk1 that none of the End User Data or the use of End User Data as contemplated by this Agreement: (i) violates the terms of this Agreement or Applicable Law; (ii) is libelous, defamatory, obscene, abusive, pornographic, threatening, harmful, or an invasion of privacy; (iii) is illegal or advocates illegal activity; (iv) is an advertisement or solicitation of funds, goods, or services; (v) is false, misleading, or inaccurate; or (vi) is or could be considered junk mail, spam, a part of a pyramid scheme, a disruptive commercial message, or disruptive advertisement. Except as expressly set forth herein, you will be solely responsible for all End User Data transferred, stored, modified, communicated, or shared by you, or that we may receive, collect, or obtain, in each case, through your Account or your use of, or access to, the Platform or Services. You acknowledge that, to the extent you grant access to End User Data to any third-party, including without limitation, to providers of Third-Party Applications, you are solely responsible for all use of and access to End User Data by such third-party. We shall have no responsibility for any such activity, or the actions taken or not taken by any third-party to whom you have granted any such use or access. We may take remedial action if any End User Data violates the terms of this Section 5(c), including the deletion thereof; provided, that we are under no obligation to review any End User Data for compliance with these terms.

d. Bunk1’s Access and Use of End User Data.

i. Security. To protect End User Data, we shall implement and maintain administrative, technical, physical, and organizational safeguards regarding security, continuation, backup, and disaster-recovery that are consistent with industry standards and practices and comply with Applicable Law, including Data Protection Laws, in connection therewith.

ii. Usage Restrictions. Except as (i) expressly permitted under this Agreement, (ii) requested or approved in writing by you (email to suffice), including in connection with any end user support matters, or (iii) in order to provide or improve Services to you, including to prevent or address any service or technical problems, we shall not access or modify End User Data, or disclose End User Data to any third-party.

iii. Return of End User Data. We will, for a period of thirty (30) days following the termination or expiration of this Agreement, make available to you, at your request, a file of all End User Data. After such thirty (30) day period, we will have no obligation to maintain or provide any End User Data and may thereafter, unless legally prohibited, delete all End User Data in our Systems or otherwise in our possession or control.

iv. Use of Aggregated Anonymous Data. Notwithstanding anything in this Agreement to the contrary, we may (i) collect and process information to generate and process Aggregated Anonymous Data, and (ii) freely use and make available Aggregated Anonymous Data for the purpose of (A) improving, testing, maintaining, and operating the Platform and Services, (B) developing future products and services, and (C) marketing and promoting the Platform and Services, and any future products and services, to customers and potential customers. We are and shall remain the sole and exclusive owner of all right, title, and interest in and to all Aggregated Anonymous Data, including all intellectual property rights related thereto, and may freely use all Aggregated Anonymous Data during the term of this Agreement and thereafter, without compensation or notice to, or approval of, you. For the purposes of this Agreement, “Aggregated Anonymous Data” means any of the following information as has been aggregated with other similar information of other end users of Bunk1 and anonymized so that it does not reveal any personally identifying information or information identifying you or your camper: (i) information related to how Bunk1 end users are using the Platform and Services; and (ii) information related to the performance of the Platform and Services.

6. Third-Party Content. Bunk1 is a distributor and not a publisher of any content supplied by third parties and posted or made available through the Platform or Services by third parties (“Third-Party Content”). Third-Party Content represents the opinions and judgments of a user or third party who created or posted such Third-Party Content. Any opinions, advice, statements, services, offers, or other information that constitute part of Third-Party Content expressed or made available by third parties, including by partners, sponsors, advertisers, service providers, licensors, or any other user of the Bunk1 website, Platform, or Services, are those of the respective authors or distributors and not of Bunk1, its affiliates, or their officers, directors, employees, or agents. Neither Bunk1 nor its affiliates or any of their officers, directors, employees, or agents, guarantees the accuracy, completeness, or usefulness of any Third-Party Content, nor its merchantability or fitness for any particular purpose. Bunk1 neither endorses nor, to the fullest extent permitted by Applicable Law, is responsible for any opinion, advice, or statement by anyone, including Bunk1 employees. Under no circumstances shall Bunk1, its affiliates, or their officers, directors, employees, or agents be liable for any loss or damage caused by your or any third party’s reliance on any Third-Party Content.

7. Bunk1’s Intellectual Property.

a. General. You understand and agree that the Platform and Services are licensed, not sold. Nothing in this Agreement conveys to you any rights of ownership in or related to the Platform or Services, or any intellectual property rights therein, which may include, without limitation, concepts, ideas, methods, methodologies, procedures, processes, know-how, techniques, models, templates, generalized features of the structure, sequence, and organization of the Platform, user interfaces and screen designs, general purpose consulting and software tools, utilities and routines, and logic, coherence, and methods of operation. Except as expressly set forth herein, Bunk1 alone (and its licensors, where applicable) will retain all intellectual property rights relating to the Platform and Services, including, without limitation, any modifications or enhancements thereto, or any derivatives thereof. For the avoidance of doubt, all licenses granted under this Agreement with respect to the Platform and Services shall automatically terminate upon the termination or expiration of this Agreement.

b. Improvements. You understand and agree that Bunk1 shall be entitled to use and incorporate into the Platform and Services and any future products or services, for you as well as any of its other end users, customers, or future end users or customers, any suggestions, enhancement requests, recommendations, or other feedback provided by you or your camper, relating to the Platform or Services (“Improvements”), and Bunk1 shall have no obligations to you, your camper, or any third-party for any such use or incorporation.

8. Purchases through Your Account. You agree to pay Bunk1 for all purchases, fees, charges, and expenses incurred through your Account in connection with any services or products purchased through the Platform or Services (collectively, “Purchases”).  Unless specified when you make a Purchase, you understand that Bunk1 is not the actual provider or seller of many of the services and products available for purchase through the Platform or Services. Your specific camp or other third party is the provider or seller and your camp may receive commissions on any Purchases. You agree that Bunk1 (nor its affiliates or their respective officers, directors, employees, or agents) will be responsible for any claim related to Purchases, including, without limitation, any breach of contract or breach of warranty claims. Unless otherwise specified on the Platform or through the Services, payment shall be due at the time of purchase.  If you have specified