The Bono Way, Inc. – Terms of Service
Last updated: January 2024

These Terms of Service are between The Bono Way, Inc. (“Bono”, “our”, “we” or “us”) and you (“User”, “you” or “your”), and govern the access and use of Bono’s online donation management portal, which may be available as a webapp and/or mobile app (“Portal”), this website (“Website”) and the services available thereon (“Services”).

By entering to, connecting to, accessing, or using the Services, you acknowledge that you have read and understood these Terms of Service (“Terms”), as well as our Privacy Notice available at https://bono.so/privacy-policy/ (the “Privacy Notice”) and you agree to be bound by the Terms and to comply with all laws and regulations that apply to your use of the Services. You acknowledge and agree that these Terms constitute a binding and enforceable legal contract between Bono and you. PLEASE READ THE TERMS AND THE PRIVACY NOTICE CAREFULLY BEFORE USING THE WESBITE, PORTAL, OR SERVICES. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS, OR USE THE SERVICES OR ANY OTHER PART THEREOF IN ANY MANNER. Additional terms and conditions may apply to specific Services, such terms and conditions will be provided to you by Bono.

ATTENTION – BONO’S PORTAL AND SERVICES MERELY PROVIDE TECHNOLOGICAL TOOLS. YOUR USE OF THE PORTAL, AND ANY INFORMATION, DATA, CONTENT, OR MATERIALS MADE AVAILABLE IN CONNECTION WITH THE WEBSITE, PORTAL, OR SERVICES (“CONTENT”) IS ENTIRELY AT YOUR OWN RISK. BONO DOES NOT RENDER FINANCIAL SERVICES, ADVISORY SERVICES, LEGAL ENDORSEMENT, CONSULTATION, OR FINANCIAL ADVICE OF ANY KIND. YOUR ACCESS TO THE WEBSITE, PORTAL, OR SERVICES, IS NOT INTENDED TO IMPOSE ON BONO OR BONO AFFILIATES (AS SUCH TERM IS DEFINED BELOW) ANY FIDUCIARY OR REGULATORY OBLIGATIONS TO ANY PERSON, AND BONO DOES NOT INTEND TO ASSUME OR UNDERTAKE ANY OF THE FOREGOING BY ENTERING INTO THE TERMS, EXCEPT AS EXPLICITY SET FORTH IN THESE TERMS.

The Services
Portal. Through Bono’s Portal, Users will have the ability to set up a monthly giving plan and choose the amount that the User would like to donate each month (“Monthly Commitment” and such amounts, “User Funds”) and indicate their preferred causes (“Causes”). Once Bono receives the User Funds, it will hold them as an agent on behalf of the Bono Foundation (as described below) until it or the Bono Foundation uses the User Funds to provide donations to charities, organizations, non-profit initiatives, and social-good projects that it has selected and approved (“Organizations”) that are in line with the Causes selected by Users (“Bono Donations”). The Bono Foundation reserves the right to (a) determine how and in what amounts the Bono Donations will be distributed among the various Organizations it has selected; (b) add or remove Organizations that may receive Bono Donations at its own discretion; and (c) facilitate donations in a manner that align with the broader objectives of Bono and the Bono Foundation, irrespective of the chosen Cause. There is no guarantee that Bono Donations will be used to support any specific Organization or any specific Cause.Bono Foundation. Alongside Bono, the team behind Bono has incorporated a non-profit organization in the State of Delaware, The Bono Way Charitable Foundation (the “Bono Foundation”). The Bono Foundation is in the process of establishing all of its internal functions and completing the requisite filings with the authorities, including application to the Internal Revenue Service for recognition of exempt status under Section 501(c)(3) of the Internal Revenue Code. It is the aim of Bono and the Bono Foundation that the Bono Foundation will receive tax exempt status. Only in the event that the Bono Foundation in fact receives tax exempt status, will Users be entitled to receive a recognized tax donation receipt.Impact Report. Bono may provide Users with a periodic impact report (“Impact Report”) that may include information about Bono, the Causes chosen by the User, the impact reached by Bono Donations, further impact opportunities, updates from Organizations, and any other information Bono decides to include. Note that Bono is a for profit corporation and, as such, the User shall not receive from Bono or any third party any type of certification with respect to charitable donations, provided, however that in the event the Bono Foundation does receive recognition of tax exempt status, a User may be entitled to a tax donation receipt, including for User Funds provided prior to such recognition.Your Use Rights. Subject to your compliance with these Terms, and unless otherwise agreed in writing between you and Bono, Bono grants you a limited, worldwide, non-exclusive, non-assignable, not-tradeable, non-sub-licensable, fully and immediately revocable at Bono’s discretion, right: (i) to access and use the Website and (ii) where you have registered, to use and access the Portal and the Services available thereon. Except as stated above, no other rights in the Website, Portal, or the Services are granted. The Portal and Services available through the Portal can be accessed through your Account (as such term is defined below) are for your personal and non-commercial use only and may not be shared with other individuals or entities.Use Restrictions. You may not and you may not permit anyone else to (i) copy, modify, distribute, publicly display, transfer or create derivative works of, adapt, emulate, translate, reverse engineer, compile, decompile, disassemble or reproduce the Services, the Portal and/or the Website, or any parts thereof, for any purpose; (ii) remove or delete any and all copyright notices, restrictions and signs indicating proprietary rights of Bono and/or its licensors, including copyright mark [©] or trademark [® or TM] contained in or accompanying the Services; (iii) create a browser or border environment around the Website, and/or Portal, link, including in-line linking, to elements on the Website or Portal, such as images, posters and videos, and/or frame or mirror any part thereof or use the Services as a services bureau or otherwise to provide services which are in essence similar to the Services to third parties; (iv) transmit, distribute, display or otherwise make available through or in connection with the Services any content, in a manner which infringes third party rights, including intellectual property rights and privacy rights, or which may contain any unlawful content; (v) transmit or otherwise make available in connection with use of the Services any malware or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (vi) interfere with or disrupt the operation of the Services, or the servers or networks that host them or make the Services available; (vii) use the Services, the Content or any part thereof for or in connection with any illegal conduct; (viii) access and/or use the Services, or any component thereof or content therein in order to build a competitive product or service; (ix) publish or disclose to any third party any technical features, quality, performance or benchmark test, or comparative analyses relating to the Services; (x) bypass any measures which are used to prevent, control or restrict access to the Services and/or certain functionalities therein; (xi) infringe or violate the Terms. Unauthorized use or misuse of the Services is strictly prohibited and may subject you to a civil claim for damages and criminal prosecution. Bono reserves the right to report any unauthorized use or misuse of the Services to law enforcement authorities.Modification of the Services. Bono may continuously update the Services with new capabilities or offerings or replace and/or discontinue some of the capabilities. You acknowledge and agree that some of the features and capabilities may be experimental or offered in limited versions or limited locations. In addition, Bono may, at any time, in its sole discretion, add or remove supported features and/or capabilities from the Services. Your sole remedy in the event of such changes shall be to cease the use of the Services and to terminate your Account as detailed below.Trial and Demos. Bono may, at its sole discretion, offer for a limited period the Portal or certain demos, trials, features, and/or functions thereof (“Trial”). Subject to applicable law, at any time and without notice, Bono reserves the right to modify, cancel, or limit the Trial or any applicable terms with respect thereof. The right to access and use Trial is not guaranteed for any period of time and Bono reserves the right, in its sole discretion, to: (i) limit or terminate the use of or access to Trial or any part thereof; or (ii) reduce, change or deprecate the functionality of the Trial. Without derogating from other restrictions set forth under these Terms, and unless otherwise expressly permitted by Bono with respect to a specific Trial(s), the access and use of the Trial is permitted solely for your non-commercial purposes and may not be used for any other purposes. NOTWITHSTANDING ANYTHING TO THE CONTRARY, TRIALS ARE PROVIDED “AS IS” WITHOUT ANY SERVICE, SUPPORT, INDEMNITY, LIABILITY, OR REMEDY OF ANY KIND.Disclaimer. Bono does not make recommendations or offer advice of any kind. The User is solely responsible for evaluating the merits and risks associated with the use of the Website, Portal, Services, or any Content provided through the Services before using them. You agree not to hold Bono liable for any possible claim for damages arising from any decision you make based on the Content or other information made available to you through the Services or any Third-Party Components.Registration and AccountAccount Registration. In order to use the Portal and certain Services, you must register and open an account through the Website or as otherwise directed by Bono (the “Account”). To complete your Account registration, we will require certain information which may include your name, e-mail address, your selected Causes, password and your consent for Bono to receive and process your data, as well as any other information requested by Bono from time to time. You affirm that all Account registration information you submit is truthful and accurate, and you are responsible for updating your Account information, as necessary, in order to maintain complete, accurate, and current information.User Funds Preferences. Bono, as an agent on behalf of the Bono Foundation, has compiled, and continues to compile, a variety of Causes and Organizations. Users may, from time to time, select their preferred Causes as detailed in Section 1.1 and Bono will suggest a list of Organizations that are aligned with such Causes. Bono may, without notice and in its sole and absolute discretion, change, add or remove any Causes available for selection by Users or any Organizations suggested.Account Security. You are responsible for maintaining the confidentiality of the login credentials of the Account and for all activities that occur under your Account. You agree not to disclose your login credentials to any third party, and you are responsible for any use or misuse of your Account (including by any third party).Breach of Terms. We reserve the right to temporarily suspend or permanently terminate your Account, at our discretion, if we determine that you are in breach of these Terms or if you or anyone on your behalf is using your Account in a manner that violates the Terms.User Funds; FeeUser Funds. When you register an account, you can determine the amount of User Funds that you will provide as part of your Monthly Commitment. Except as expressly provided in these Terms, User Funds are non-refundable.Fees. In consideration for the Services, an amount of up to ten percent (10%) of the User Funds that you provide as part of your Monthly Commitment will be retained by us as a service fee. This fee will be used by us to cover administration, promotion, and other miscellaneous expenses, to help support the mission of Bono and the Bono Foundation and to help them grow.  In addition, certain amounts may be deducted to cover credit card and other payment processing charges.Payment Method. You will be required to provide us with a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through Account (“Payment Method“). Payment Method is processed by a third-party service provider (“Payment Provider“). You authorize us to charge your Payment Method for the amount of your Monthly Commitment. If you terminate your Account, we will not charge your Payment Method thereafter through the Payment Method. You remain responsible for any uncollected amounts. If a payment is not successfully settled, and the Account is not terminated, we may suspend your access to the Services until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer or Payment Provider may charge certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. We will deduct these charges from the amount paid as User Funds. Local tax charges may vary depending on the Payment Method used. Details can be found by contacting your Payment Method service provider. To the extent permitted by the applicable law, payments are non-refundable.Processing User Funds. We may refuse to process any charges if we reasonably suspect that the transaction is illegal or related to fraudulent activities of any kind, the transaction has not been properly authorized by the User, or the information provided in connection therewith is incorrect.Disclaimer. If the User, or anyone on its behalf, provides incorrect, out-of-date, or fraudulent information, Bono and Bono affiliates will not be responsible if the payment is not made. User is responsible for payment of all amount that it has committed to pay, regardless of the failure of payment processing methods due to information provided by the User.Intellectual Property; FeedbackBono IP. As between you and Bono, Bono owns all rights in and to the Website, the Portal, and the Services, and any of Bono’s confidential information, including data models, architecture, analysis methods, techniques and tools, modifications, enhancements, derivatives, substitutes, or emulations of the aforementioned and any intellectual property rights therein, (“Bono IP”).Feedback. In the event that you provide Bono with any suggestions, comments, or other feedback relating to Bono’s Services (collectively, “Feedback”), such Feedback will be deemed as the sole and exclusive property of Bono and you hereby irrevocably assign to Bono all of your rights, title and interest in and to all Feedback, if any, and waive any moral rights you may have in such Feedback. You shall not provide any Feedback that is subject to any third-party rights or any limitations.Third-Party Services and ProductsThe Services may use or include third parties’ services, products, software, content, and components (“Third-Party Components”) that are subject to third-party terms and conditions. Your right to use such Third-Party Components as part of, or in connection with, the Services is subject to any applicable terms accompanying such Third-Party Components, contained therein or related thereto. If there is a conflict between the terms of such Third-Party Components and these Terms, the terms of the Third-Party Components shall prevail only in connection with the related Third-Party Components.Bono disclaims all liability related to any Third-Party Components utilized in the Services. You acknowledge that we are not responsible for the products and services provided by third parties, that Bono is not the author or owner of any Third-Party Components, and that Bono makes no warranties or representations express or implied, as to the quality, capabilities, operations, performance or suitability of Third-Party Components.Privacy Notice; User DataBono’s Privacy Notice. We respect the privacy of our users and are committed to protecting the personal information included in the User Data (as defined below) you share with us or that we collect in connection with your use of the Services. In the scope of the provision of the Services, certain personal data may be collected, processed, stored, and analyzed, as detailed in our Privacy Notice available at https://thebonoway.com/privacy-policy/.Anonymous Cumulative Information.Without derogating from the foregoing, you hereby grant Bono a perpetual, irrevocable, non-exclusive, worldwide, royalty-free right and license to use information and data made available through the Services, that has been anonymized and that cannot be used to identify or otherwise understood to be related to you or to the organization with which your account is associated with or third party, for the purpose of internal research or otherwise improving or enhancing the Services (or any part thereof).Services Availability‍The Services’ availability and functionality depend on various factors, such as communication networks, software, hardware, and Bono’s service providers and contractors. The Services may not be available to Users in certain territories or states.Bono will make all commercially reasonable efforts to make the Services materially available. Notwithstanding the foregoing, Bono does not warrant or guarantee that the Services will operate and/or be available at all times without disruption or interruption, or that they will be immune from unauthorized access or will otherwise be error-free.User Warranties and RepresentationsBy using the services and agreeing to the Terms, you represent and warrant to us: (i) that you are at least eighteen (18) years of age; (ii) that you have not previously been suspended or removed from the Services; and (iii) that your use of the Services is and shall be in compliance with the Terms and any applicable laws and regulations.You acknowledge and agrees that the use of any content, information, data, materials, or insights generated or made available through the Services is entirely at your own risk. You shall be solely responsible for all of your conclusions, decisions, endorsements, advice, guidance, or instructions in connection with the use of the Services, and for any actions or inactions in connection with your Account.Nothing in these Terms shall be deemed to delegate or assign to Bono or to cause or obligate Bono to assume any duty or obligation (including, without limitation, under any law or regulation) towards any third party.Disclaimer; Limited WarrantiesThese Terms set out the full extent of Bono’s obligations and liabilities in respect of the provision of the Services. All conditions, warranties, or other terms concerning the Services which might otherwise be implied into the Terms or any collateral contract (whether by statute or otherwise) are hereby expressly excluded.Although Bono endeavors to select appropriate Organizations and to align the Bono Donations with the Causes selected by Users, it does not represent that (i) Bono Donations will be given to any specific Organization or to support any specific Cause; (ii) that the distribution of the Bono Donations will align exactly with the Causes selected by any User. Additionally, Bono is not affiliated with any Organizations and does not guarantee and will not be responsible for the actions of any Organization, its use of the Bono Donations, or any content made available by an Organization, including through its website or social media channels. You agree to notify us promptly if you become aware of any allegation that any activity or materials related to the Organization, or any use of Bono Donation, may be inappropriate, illegal, or fraudulent.BONO DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE, THE INABILITY TO USE OR OPERATE, OR THE RESULTS OF THE USE OR OPERATION OF THE SERVICES (OR ANY PART THEREOF). THE SERVICES, PORTAL, WEBSITE, INCLUDING WITHOUT LIMITATION ANY CONTENT, MATERIALS, DATA, OR INFORMATION MADE AVAILABLE THERETHROUGH OR RELATED THERETO, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF TITLE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. BONO AND ITS AFFILIATES, INCLUDING ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AND OTHER AFFILIATES (COLLECTIVELY, “BONO AFFILIATES”), JOINTLY AND SEVERALLY, DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE USABILITY, ACCURACY, QUALITY, AVAILABILITY, RELIABILITY, SUITABILITY, COMPLETENESS, LEGALITY, TRUTHFULNESS, USEFULNESS, OR EFFECTIVENESS OF THE SERVICES AND OF ANY CONTENT, DATA, RESULTS, OR INFORMATION AVAILABLE, OBTAINED OR GENERATED IN CONNECTION WITH YOUR OR ANY USER’S USE OF THE WEBSITE, PORTAL, OR SERVICES, INCLUDING ANY CONTENT OF THE IMPACT REPORTS.BONO DOES NOT WARRANT THAT THE OPERATION OF THE WEBSITE, PORTAL, OR SERVICES, IS OR WILL BE SECURE, ACCURATE, COMPLETE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF HARMFUL COMPONENTS, OR OTHER PROGRAM LIMITATIONS. THE USER ACKNOWLEDGES THAT THE SERVICES MAY CONTAIN DEFECTS, BUGS, ERRORS, AND OTHER COMPLICATIONS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND LOSS (INCLUDING, BUT NOT LIMITED TO, DATA LOSS). YOU AGREE AND ACKNOWLEDGE THAT THE USE OF THE SERVICES IS ENTIRELY, OR OTHERWISE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AT YOUR OWN RISK.Indemnification and Limitation of LiabilityYou agree to indemnify, defend, and hold harmless Bono, Bono Foundation, Bono Affiliates, and its/their respective directors, officers, employees, subcontractors, and agents from and against any claim, damage, or loss, including reasonable court costs, attorneys’ fees, and any fines that may be incurred, that arise directly or indirectly from your: (a) breach of these Terms, including any of your representations or warranties, whether by you or by anyone using your account or device, and whether or not that use was authorized by you; (b) use or misuse of the Services; (c) violation of any law or regulation, including breach of applicable data protection laws; and (d) infringement of any right of any third party.EXCEPT WITH RESPECT TO DAMAGES ARISING FROM BONO’S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, AND EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL BONO AND/OR ANY OF BONO AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, RESULTING FROM OR ARISING OUT OF THE SERVICES, USE OR INABILITY TO USE THE SERVICES, FAILURE OF THE SERVICES TO PERFORM AS EXPECTED, INCLUDING, WITHOUT LIMITATION, LOSS OF GOODWILL, LOSS OF DATA OR PROFITS, THE PERFORMANCE OR FAILURE OF BONO TO PERFORM UNDER THESE TERMS, AND ANY OTHER ACT OR OMISSION OF BONO BY ANY OTHER CAUSE WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM THE CONDUCT OF ANY USERS.IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, BONO IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICES, BONO’S LIABILITY SHALL IN NO EVENT EXCEED THE TOTAL AMOUNT OF THE USER FUNDS PROVIDED BY USER TO BONO UNDER APPLICABLE SUBSCRIPTION DURING THE TWELVE (12) MONTHS PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH THE CAUSE OF ACTION AROSE, AND IF NO USER FUNDS WERE CHARGED, THEN BONO’S LIABILITY SHALL NOT EXCEED $100 USD. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU. IN ANY CASE, NO ACTION MAY BE BROUGHT BY YOU IN CONNECTION WITH THE SERVICES MORE THAN ONE (1) YEAR AFTER THE SUCH CAUSE OF ACTION AROSE.THE LIMITATIONS, EXCLUSIONS, AND DISCLAIMERS IN THIS SECTION SHALL APPLY TO ALL CLAIMS FOR DAMAGES, WHETHER BASED ON AN ACTION OF CONTRACT, WARRANTY, STRICT LIABILITY, NEGLIGENCE, TORT, OR OTHERWISE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AGREED ALLOCATIONS OF RISK CONSTITUTING IN PART THE CONSIDERATION FOR BONO’S PROVISION OF THE SERVICES TO YOU, AND SUCH LIMITATIONS WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND EVEN IF BONO AND/OR ANY BONO AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITIES AND/OR DAMAGES.Amendments to the TermsWe may change these Terms from time to time, at its sole discretion and without any notice. We will notify you regarding substantial changes to these Terms on the Website, and/or we will send you notifications regarding such changes to the e-mail address you made available to Bono as part of your registration to the Services and/or via any other method Bono chooses to use. Such substantial changes will take effect seven (7) days after such notice was provided on our Website or sent via email. Otherwise, all other changes to these Terms are effective as of the stated “Last Revised” date and your continued use of the Services after the “Last Revised” date will constitute acceptance of, and agreement to be bound by, those changes.TerminationBono may terminate your Account, its collection of User Funds, and/or these Terms at any time giving written notice.The User may terminate its Account by sending an email to support@thebonoway.com. Alternatively, the User may discontinue the payment of the Monthly Commitment by way of its dashboard through the Payment Provider.Upon termination of the Account by either party for any reason, all licenses and rights granted under these Terms shall terminate immediately.Upon termination of your Account, all provisions of these Terms shall expire, except that any provision that can reasonably be inferred as continuing or is expressly stated to continue shall continue in full force and effect.GeneralCommunication. The User agrees to receive emails from Bono, including welcome emails upon registering an Account, periodic Impact Reports, and any other email Bono sees fit to send to the User in connection with its use of the Services. The User has the right to opt out of receiving certain emails, although Bono may still send the User emails administrative or service-related issues as it deems necessary as part of the Services it provides.Relationship of the Parties. These Terms do not, and shall not be construed to create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between the parties hereto.Governing Law and Jurisdiction. Any claim relating to the use of the Services will be governed by and interpreted in accordance with the laws of the State of New York, without reference to its conflict-of-laws principles. Any dispute arising from or related to your use of the Services will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts of New York, NY.Assignment. You may not assign, sublicense, or otherwise transfer any or all of your rights or obligations under these Terms, without Bono’s prior express written consent. We may assign our rights and/or obligations hereunder and/or transfer ownership rights in the Services (or any part thereof) to a third party without your consent or providing any prior notice. Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision.No Waiver. No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default.