Bunker Pass – Terms of Service 

Last Updated: 01 Dec 2025

This Terms of Service Agreement (“Agreement”) is entered into between Bunker Pass LLC (“the Company”, “we”, “our”, or “us”) and the individual or entity who accesses or uses the Bunker Pass services (“the Member”, “you”, or “your”). By accessing the Bunker Pass website, membership platform, or any associated service, you acknowledge that you have read, understood, and agreed to be bound by all terms and conditions set forth in this Agreement. If you do not agree, you must immediately cease all use of the Service.

1. Nature and Purpose of the Service

The Company provides a membership-based access system intended to allow Members to be assigned to and utilize privately operated emergency shelters (“Facilities”) during emergency situations (“Activation Events”). The Service includes, but is not limited to, access-rights allocation, digital identity verification, communication and notification systems, risk monitoring, readiness services, operational guidance, and protocols governing entry and behavior inside Facilities. The Company does not operate shelters directly, does not guarantee safety or survival outcomes, and does not provide transportation, evacuation, medical care, rescue operations, insurance, or any service outside the scope of access coordination. Facilities are owned and operated by independent third parties (“Operators”), for whose actions or omissions the Company does not assume liability except where explicitly mandated by law.

2. Membership Eligibility

To qualify for membership, you must be at least eighteen years of age, legally competent to enter into contractual obligations, and willing to provide accurate personal identification. You must not be listed on any sanctions list maintained by the European Union, the United States, the United Kingdom, the United Nations, or any comparable jurisdiction. You must not have a history of violence, severe criminal conduct, or behavioral risks that could endanger Operators or other Members. You must be capable of independently traveling to an assigned Facility during an Activation Event. The Company reserves the right to conduct identity checks, risk assessments, or additional verification procedures at its sole discretion. The Company may refuse membership or terminate an existing membership if it determines, in its sole judgment, that your participation poses operational, safety, or reputational risks.

3. Membership Plans, Fees, and the Crisis Reserve

Your membership tier determines the level of access, priority, geographic coverage, number of individuals included, and any Crisis Reserve obligations. Membership fees are paid on a recurring basis and become due in accordance with your chosen billing cycle. The Crisis Reserve, where applicable, constitutes a designated sum held to fund Facility operation costs during emergency activations. The Crisis Reserve is not an insurance product, investment strategy, escrow, deposit, or financial security. It does not accrue interest and may be utilized by the Company without prior notice during an Activation Event. Non-payment of membership fees or failure to maintain the Crisis Reserve may result in suspension of membership privileges, loss of priority ranking, or termination of access rights. The Crisis Reserve is non refundable. Items bought on behalf of the Member by the Company will be disposed of at the end of the membership.

4. Facilities and Access Rights

A membership grants the Member conditional access rights to a Facility during an Activation Event. Access is not guaranteed and depends on real-time operational considerations, including but not limited to Facility capacity, Member location, transportation feasibility, Operator readiness, membership tier priority, and safety conditions surrounding the Facility. The Company, at its sole discretion, assigns Members to Facilities and may revise assignments based on unfolding events. The Member acknowledges that Facility locations are confidential. The Company does not disclose coordinates except during an Activation Event or in specific tier-based training exercises. You agree to maintain absolute confidentiality regarding all Facility information provided to you. Unauthorized disclosure constitutes a material breach of this Agreement.

5. Activation Events and Communication

An Activation Event is declared when the Company determines, based on its internal risk assessments, that conditions warrant the mobilization of Members. Upon declaration, the Company may communicate instructions via email, SMS, mobile application, secure channel, offline materials, radio broadcast, or any other method deemed appropriate. The Company does not guarantee timely receipt of messages due to potential infrastructure disruptions, cyberattacks, power failures, government-imposed restrictions, network congestion, or force majeure events. The Member remains solely responsible for monitoring risk environments, ensuring your communication channels remain operational, and taking reasonable measures to stay informed.

6. Entry Procedures and Conduct Inside Facilities

Upon arrival at a Facility, you must comply with the Operator’s entry procedures, which may include presentation of Access Credentials, verification of identity, searches for prohibited items, adherence to arrival windows, and any site-specific instructions. Operators may deny entry if identity cannot be verified, if behavior suggests intoxication, aggression, or risk, if prohibited items are present, or if you exceed the number of authorized dependents. Once inside a Facility, you agree to follow all Operator rules, sleep and space assignments, rationing protocols, hygiene requirements, and safety instructions. You agree not to tamper with Facility systems, ventilation, equipment, supplies, or emergency controls. Violent behavior, harassment, theft, threats, or disruption of operations may lead to immediate removal from the Facility without refund or recourse. You agree that the Operator uses physical or even deadly force if necessary to protect the Facility and other Members.

7. Facility Standards and Operator Obligations

Operators are required to maintain Facilities in accordance with the Company’s Minimum Safety Standards, which include requirements relating to structural integrity, ventilation, emergency lighting, water storage or filtration, sanitation, fire suppression, supply management, and general operational readiness. Facilities differ in construction, comfort, equipment levels, and capacity. The Company does not guarantee uniformity in features or amenities. Operators are responsible for reporting safety incidents, capacity changes, equipment failures, unauthorized access attempts, behavioral issues, and any other matter relevant to the operation of the Facility. The Company is not liable for the operational decisions of Operators made in good faith, including refusal of entry, removal of Members, rationing decisions, or temporary shutdown of the Facility for safety reasons.

8. Technology Systems, Authentication, and System Availability

The Company provides digital identity verification and access credential systems that may include cryptographic mobile tokens, QR codes, offline passphrases, biometric identifiers, and other authentication technologies. You are responsible for maintaining the security of your credentials and notifying the Company immediately if they are lost, stolen, or compromised. The Company may suspend account access during maintenance periods, security incidents, or activation events in order to maintain system integrity. The Company does not guarantee uninterrupted service or availability of digital systems, and it does not assume liability for missed messages or delays due to outages, cyberattacks, infrastructure collapse, electromagnetic events, or any factor outside its control.

9. Confidentiality Obligations

You acknowledge that Facility locations, Operator identities, entry procedures, access protocols, and any printed or digital materials provided by the Company are confidential and constitute sensitive security information. You agree not to disclose, reproduce, store, sell, transmit, distribute, or publish any such information. The unauthorized sharing of Facility coordinates or entry instructions constitutes a severe breach of this Agreement and may result in immediate termination of membership and legal action.

10. Prohibited Behavior

You agree not to misuse or attempt to misuse the Service in any manner. Prohibited behavior includes, but is not limited to: attempting unauthorized entry into a Facility outside an Activation Event; forging, copying, or reverse-engineering access credentials; bringing weapons or hazardous materials into Facilities unless specifically authorized by local law and Facility rules; storing personal property in Facilities without permission; bribing or coercing Operators; obstructing the access of other Members; conducting illegal, extremist, or violent activity in or around Facilities; and recording audio or video inside Facilities without explicit written consent. Any such conduct constitutes a breach of this Agreement and may result in immediate removal from the Facility, termination of membership, and legal consequences.

11. Suspension and Termination

The Company may suspend or terminate your membership at its sole discretion if you violate this Agreement, pose a safety risk, fail verification checks, engage in fraudulent conduct, misuse the Service, breach confidentiality, fail to pay required fees, or behave in a manner that endangers other Members or Operators. Upon termination, all access rights immediately cease. You agree to return or destroy any physical or digital Access Credentials upon request. Termination does not entitle you to a refund except as required by law. You may voluntarily terminate your membership at any time; however, such termination may result in permanent loss of priority ranking and forfeiture of Crisis Reserve funds. You may pause your plan for a maximum 0f 30 days within one calendar year. You will not pay a subscription fee during these 30 days but will temporarily lose access to Facilities during this pause.

12. Limitations of Liability

The Company provides no guarantee of safety, survival, successful Facility entry, medical outcomes, evacuation feasibility, or continuous availability of Facilities. You acknowledge that emergency events inherently involve unpredictable risks, including those arising during travel to a Facility. The Company does not assume responsibility for delays, injuries, death, loss of property, or any other harm resulting from extraordinary events, Operator actions or omissions, variations between Facilities, or the actions of other Members. To the fullest extent permitted by law, the Company’s maximum liability arising from or related to your use of the Service shall not exceed the total amount paid by you to the Company in the six months preceding the event giving rise to the claim. If you commit misconduct or otherwise cause damage, injury, or loss, you agree to indemnify and hold harmless the Company, its Operators, and its affiliates from all resulting claims, liabilities, and expenses.

13. Force Majeure

The Company shall not be held liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including but not limited to natural disasters, wars, civil unrest, pandemics, cyberattacks, infrastructure failures, electromagnetic disturbances, government orders, supply chain disruptions, or any similar event. In such circumstances, certain services may be suspended or modified without liability.

14. Amendments to the Agreement

The Company may amend this Agreement at any time in order to comply with changing legal requirements, operational needs, improved safety standards, system updates, or modifications to the Service. Members will be notified of material amendments via email or through the platform. Continued use of the Service following such notification constitutes acceptance of the amended terms.

15. Governing Law and Jurisdiction

This Agreement shall be governed by and interpreted in accordance with the laws of the country in which Bunker Pass is legally incorporated, without regard to conflict-of-law principles.

If a dispute arises from or relates to Terms and/or the Service or the breach thereof, and if the dispute cannot be settled through direct discussions, the parties agree to endeavor first to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures before resorting to arbitration. The parties further agree that any unresolved controversy or claim arising out of or relating to this Terms and/or the Service, or breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

When selecting an arbitrator from neutrals who have the background and qualifications for the particular dispute, the parties agree to consider the appointment of diverse candidates. The place of arbitration shall be Albuquerque, NM, USA. The arbitration shall be governed by the laws of the State of New Mexico. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) shall not award consequential damages in any arbitration initiated under this section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Each party shall bear its own costs and expenses and an equal share of the arbitrators and administrative fees of arbitration. The award of the arbitrators shall be accompanied by a reasoned opinion. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such an event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above. Notwithstanding any language to the contrary in the contract documents, the parties hereby agree: that the Underlying Award may be appealed pursuant to the AAA’s Optional Appellate Arbitration Rules (“Appellate Rules”); that the Underlying Award rendered by the arbitrator(s) shall, at a minimum, be a reasoned award; and that the Underlying Award shall not be considered final until after the time for filing the notice of appeal pursuant to the Appellate Rules has expired. Appeals must be initiated within thirty (30) days of receipt of an Underlying Award, as defined by Rule A-3 of the Appellate Rules, by filing a Notice of Appeal with any AAA office. Following the appeal process the decision rendered by the appeal tribunal may be entered in any court having jurisdiction thereof.

16. Contact Information

For questions, notifications, or legal communications relating to this Agreement, you may contact the Company at:

Bunker Pass LLC
Email: legal@bunkerpass.net
Address: 1209 MOUNTAIN RD PL NE, STE R ALBUQUERQUE, NM 87110 USA