Terms of Use
Welcome to the Buddi website, a technology company that provides a mental health care app. By accessing or using our website, you agree to comply with the following terms and conditions of use. If you do not agree to these terms, please do not use our website.
If you think you may have a medical emergency, contact 911, or if you are experiencing thoughts of harming yourself or others, call 988. Buddi is NOT a medical hotline.
TERMS AND CONDITIONS
This Agreement was last revised on July 7, 2023.
WE STRONGLY ENCOURAGE YOU TO READ THESE TERMS CAREFULLY AS IT CONTAINS LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF OUR MOBILE APPLICATION.
INTRODUCTION
Www.buddiapp.co (“Website”) and Buddi! (“Mobile Application”) owned and managed by Buddi LLC (“we,” “us,” or “our”) welcomes you.
We offer you access to our product and services through our “Website” and “Mobile Application” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you. By accessing and using this Website and Mobile Application, you acknowledge that you have read, understood, and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these terms, then please do not use the Website and Mobile Application.
TABLE OF CONTENTS
-
Definitions
-
Interpretation
-
Introduction and Scope
-
Services
-
Modifications
-
Account
-
User Content
-
Member Account Closure
-
No advisory
-
General Conditions
-
Service Interruptions
-
Limited Guarantee
-
Geographic Restriction
-
User Responsibilities
-
Restriction
-
Exclusion of Liability
-
No Responsibility
-
Safety Tips
-
Release
-
Third Party Links
-
Personal Information and Privacy Policy
-
Errors, Inaccuracies and Omissions
-
Limitation of Liability
-
Copyright and Trademark
-
Indemnification
-
Miscellaneous
-
Entire Agreement
-
Governing Law and Judicial Recourse
-
Force Majeure
-
Assignment
-
Contact Information
-
DEFINITIONS
-
“Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website and Mobile Application;
-
“Service” or “Services” refers to any service shown below, which we may offer through our Mobile Application.
-
“User”, “You” and “your” refers to the person who is accessing the Website or Mobile Application for taking or availing any service from us but has not registered on this website or application;
-
“Member” refers to the users, who has obtained registration under this Website/Mobile Application for taking various services;
-
“We”, “us” and “our” are references to Buddi LLC;
-
”Website”, “Platform”, and “Mobile Application” shall mean and include www.buddiapp.co, Buddi! and any successor Website and Mobile Application or any of our affiliates;
-
"Member Account” shall mean an electronic account opened for the User after registering on this Website/Mobile Application for availing various services offered under the Website/Mobile Application;
-
"User-Generated Content" refers to any messages, comments, posts, submissions, recordings, images, videos, audio files, or any other form of content, including advice or recommendations, created, provided, or shared by a user on a platform or website, whether publicly or privately accessible. Such content is generated by users without direct control, endorsement, or influence from the platform or website operator and may include opinions, information, expressions, suggestions, ideas, or any other form of communication made by the user in the course of using the platform or website.
2. INTERPRETATION
-
All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".
-
Words importing any gender shall include all the other genders.
-
Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.
-
All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define, limit or affect the meaning or interpretation of the terms of this Agreement.
3. INTRODUCTION AND SCOPE
-
Scope: These Terms govern your use of the Website/ Mobile Application and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.
-
The Service of the Website and Mobile Application is available only to individuals who are 18 years old or older, or individuals who are 13 years old or older with express consent from their parents or legal guardians. The Service is not available to minors under the age of 13 or to any users suspended or removed from the system by us for any reason. By using the Services, you represent, acknowledge, and agree that you are either 18 years old or older, or you are 13 years old or older with the expressed consent of your parents or legal guardians.
-
Electronic Communication: When you use this Website/ Mobile Application or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.
4. SERVICES
-
Our Mobile Application “Buddi!” is a platform for users to understand their emotions and practice mindfulness techniques. The following tools are available on the application:
-
Wellness:
-
Habits: Create and save plans/routines to follow
-
Courses: Learn
-
Guided Meditations
-
Soothing Sounds
-
Breathing Exercises
-
Self-assessment quizzes: clinical-level quizzes to understand where you fall on different spectrums
-
-
-
Write:
-
Journals:
-
Everyday moment
-
Symptoms/triggers (AI powered)
-
Gratitude
-
Overthinking (AI powered)
-
Clear your mind
-
-
-
Talk:
-
1-1 with conversation
-
Anonymous audio spaces to vent
-
-
My Space
-
Advanced insights (AI/GPT powered)
-
My Habits
-
Levels: The more progress you make, the higher level you become!
-
For you: Suggested content based on you needs/actions/results
-
Daily challenge: Daily wellness task that takes 10 minutes or less
-
Daily thought: daily reflection question
-
-
Messages
-
Receive messages from Buddi or your organization
-
-
Crisis
-
Instant panic attack relief
-
Hotlines
-
5. MODIFICATIONS
-
We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by posting a revised version of the Terms incorporating the Changes to its Website and Mobile Application. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.
6. ACCOUNT
-
For accessing the Website and Mobile Application and using its Resources, you are required to provide specific information and to create a user ID and password to establish an account.
-
You agree that by clicking “Join Now”, “Sign Up” or similar, registering, accessing, or using our services, you are agreeing to enter into a legally binding contract with Buddi LLC. If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
-
You accept that the details you provide about establishing any account are correct and that you will keep your details up-to-date. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 18.
-
You are responsible for the security of all of your usernames, passwords, and registration information (such as unique account identifiers or historical billing information), and you are solely responsible for any use (authorized or not) of your accounts. You agree to notify us immediately about any unauthorized activity regarding any of your accounts or other breaches of security. We may at our discretion suspend or terminate any of your usernames and passwords at any time with or without notice.
7. USER CONTENT
-
Content Responsibility.
-
The Website/ Mobile Application permits you to post comments, give advice/feedback, message other users and speak in live, audio chat sessions. You are solely responsible for all User-Generated Content created by you. You represent that you have required permission to use the content. All of your User-Generated Content do and will comply with these Terms of Service and the Community Guidelines. When posting content to the Website/ Mobile Application, please do not create any User-Generated Content that:
-
contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
-
is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
-
violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
-
discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation, or disability, or refers to such matters in any manner prohibited by law;
-
violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
-
uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files;
-
sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects.
-
Is contrary to our public image, goodwill, or reputation.
-
-
Safety.
-
By using our Mobile Application and Website, you agree that:
-
You will not post, store, create, or otherwise publish or send through the Services any User Content that violates our Community Guidelines.
-
Buddi LLC reserves the right to remove any User-Generated Content or any User from utilizing the Website or Mobile Application for any reason.
-
If your User-Generated Content demonstrates a serious perceived threat to self or others, Buddi LLC reserves the right to remove your post without warning and refer you to professional health services.
-
You are responsible for the User-Generated Content you post and the consequences of posting the content and your interactions with third parties through our Services.
-
-
-
-
Not Professional Advice.
-
The content on our Services is provided for general information and entertainment purposes only and should not be construed as advice. We do not warrant the accuracy, completeness, or usefulness of this information. The content is not intended to, and does not, constitute spiritual, legal, medicinal, financial or professional advice, and may not be used for such purposes. Any reliance you place on such information is strictly at your own risk.
-
Buddi! is not a substitute for professional and/or licensed medical advice. Buddi! is not a crisis intervention service.
-
The content on our Services is provided for general information and entertainment.
-
Refrain from creating, generating, or sharing any content that, in their reasonable judgment, could be reasonably foreseen to lack helpfulness, positivity, or overall benefit to another user or group of users. Users shall exercise due diligence in ensuring that their contributions promote a constructive, respectful, and productive environment, conducive to fostering meaningful engagement and mutual respect among all participants.
-
As a Member, you are not to:
-
Perform the role of a real therapist and will refer any user to seek appropriate help from a therapist.
-
Promote or encourage suicide, self-harm, self-injury, or harm to another person.
-
Share information, strategies an/or advice that would assist self-injury, suicide, eating disorders, and unhealthy habits.
-
-
Any submitted content can be refused by us without advanced notice. We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website or the Mobile Application. Buddi reserves the right to remove any posts or any individual from utilizing the Website or Mobile Application for any reason.
8. MEMBER ACCOUNT CLOSURE
-
If you choose to close your Website and Mobile Application account, your data will generally stop being visible to others on our Services within 24 hours. We generally delete closed account information within 30 days of account closure, except as noted below.
-
We retain your data even after you have closed your account if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse (e.g., if we have restricted your account for breach of our Policies), enforce our User Agreement, or fulfill your request to "unsubscribe" from further messages from us. We will retain de-personalized information after your account has been closed.
-
Information you have shared with others will remain visible after you close your account or delete the information from your own profile, and we do not control data that other Members have copied out of our Services. User-Generated Content associated with closed accounts will show an unknown user as the source. Your profile may continue to be displayed in the services of others (e.g., search engine results) until they refresh their cache.
9. NO ADVISORY
-
Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website and Mobile Application (including information provided in direct response to your questions or postings) may be provided by individuals. We do not in any way endorse any individual described herein. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information.
10. GENERAL CONDITIONS
-
For the Users:
-
We do not guarantee the accuracy, completeness, validity, or timeliness of the information listed by us.
-
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
-
The Website and Mobile Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as- they apply to the Service.
-
You further acknowledge and agree that we have no obligation whatsoever to furnish any maintenance and support services concerning the App.
-
You acknowledge and agree that we are not responsible for addressing any claims you or any third party may have concerning the Website and Mobile Application;
-
Buddi LLC reserves the right to suspend/terminate usage or access to the platform or system.
-
Buddi LLC is not responsible for your use of the services or for the actions of other users with whom you may exchange information or have contact.
-
Buddi LLC does not conduct criminal or other background screenings of its users. Buddi does not verify the information provided by users concerning users’ identity, health, physical condition, or otherwise.
-
Buddi LLC also is not responsible for activities or legal consequences of your use in locations that may attempt to criminalize or limit your interactions. You must make your own informed decisions about the use of the application in your location and assess any potential adverse consequences.
11. SERVICE INTERRUPTIONS
-
While we strive to make every effort to maintain uninterrupted access to our Services, it is important to note that we cannot guarantee continuous and uninterrupted availability. The operation and accessibility of our Services may be subject to unforeseen circumstances or events beyond our control. Such circumstances may include, but are not limited to, technological issues, force majeure events, acts of nature, or disruptions caused by third-party service providers. We shall not be held liable for any disruptions, interruptions, or unavailability of our Services arising from such circumstances. Users are encouraged to regularly backup their data and exercise prudence in mitigating any potential risks associated with the intermittent availability of our Services.
12. LIMITED GUARANTEE
-
By this Website and Mobile Application:
-
Through this Website and Mobile Application, we present you with an opportunity to access and avail the products and services offered. However, it is important to note that we do not provide any warranty or guarantee regarding the accuracy, completeness, reliability, currentness, or absence of errors in the descriptions of the products and services.
-
In the event that a service offered through the Website or Mobile Application does not meet the description provided, your sole recourse is to notify us promptly, allowing us the opportunity to take appropriate action. We shall endeavor to address the matter in a timely manner and explore suitable remedies to rectify any inaccuracies or deficiencies in the service provided. However, please be aware that the nature of the remedy shall be determined at our discretion and subject to applicable laws and regulations.
13. GEOGRAPHIC RESTRICTION
-
We reserve the right, but not the obligation, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website/ Mobile Application is invalid where banned.
14. USER RESPONSIBILITIES
-
You shall use the Service, Website and Mobile Application for a lawful purpose and comply with all the applicable laws;
-
You shall not use or access the Website/ Mobile Application for collecting any market research for some competing business;
-
You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;
-
You will not use any device, scraper, or any automated thing to access the Website/ Mobile Application for any means without taking permission.
-
You will inform us about anything is inappropriate or you can inform us if you find something illegal;
-
You will not interfere with or try to interrupt the proper operation of the Website/ Mobile Application through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website/ Mobile Application through hacking, password or data mining, or any other means;
-
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website/ Mobile Application;
-
You will let us know about the unsuitable content of which you become aware. If you discover something that infringes any law, please let us know, and we’ll review it.
-
You will not post, store, create or otherwise publish or send through the Services any User-Generated Content that violates our Community Guidelines.
-
You shall only use the Service, Website and Mobile Application sober.
-
You are not under the influence of an intoxicating beverage, drug, or other intoxicants.
-
We reserve the right, in our sole and absolute discretion, to deny you access to the Website and Mobile Application or any service, or any portion of the Website/ Mobile Application or service, without notice, and to remove any content.
15. RESTRICTION
-
To use our Services, you must:
-
Comply with applicable laws and regulations and not indulge in illegal activities;
-
Not involved in an activity that is harmful to us or our users, Service providers, or anyone else;
-
Not use any Service or any process to damage, disable, impair, or otherwise attack our Services or the networks connected to the Services.
-
Protect your username and password;
-
Not use any automated process to access or use the Services or any process, whether automated or manual, to capture data or content from any Service for any reason; and
-
We can take any technical, legal, and other actions that we deem, in our sole discretion, necessary and appropriate without notice to you to prevent violations and to enforce this Agreement.
16. EXCLUSION OF LIABILITY
-
You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and (b) shall not be responsible for any materials posted by us or any third party. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
-
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.buddiapp.co Website and Mobile Application Buddi! including loss of data or information or any kind of financial or physical loss or damage.
-
In no event shall Buddi LLC, nor its owners, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage.
-
USERS ACKNOWLEDGE THAT EMERGENCY QUESTIONS AND CRISIS SITUATIONS SHOULD NEVER BE DIRECTED TO THE SERVICES and should, instead be directed immediately by telephone or in-person to qualified professionals (e.g., 911 operators, police, etc.). The Services are not the appropriate venue to deal with such situations, and BUDDI LLC DISCLAIMS ALL LIABILITIES FOR THE FAILURE TO DIRECT SUCH SITUATIONS TO THE APPROPRIATE QUALIFIED PROFESSIONALS
17. NO RESPONSIBILITY
-
BUDDI LLC EXPLICITLY STATES THAT IT SHALL NOT ASSUME ANY RESPONSIBILITY FOR THE ACTS OR OMISSIONS OF ANY USER, WHICH MAY RESULT IN PROPERTY DAMAGE OR BODILY INJURY IN CONNECTION WITH YOUR USE OF THE SERVICES. FURTHERMORE, BUDDI LLC DISCLAIMS ANY LIABILITY TOWARDS YOU FOR:
-
Losses incurred due to the inaccuracy or incompleteness of the information you provide on our website or mobile application.
-
Losses suffered as a result of the unavailability of our website or mobile application at any given time.
-
Errors or omissions present on our website or mobile application.
-
Losses that may arise from relying on any commentary, postings, or reviews (pertaining to our services or those of our partners) found on our website or mobile application.
-
Unauthorized access or loss of personal information that is beyond our control.
-
Please be aware that the above limitations of liability are applicable to the fullest extent permitted by law. It is essential for users to exercise caution, conduct their own due diligence, and take appropriate measures to mitigate risks associated with their use of our services, including verifying the accuracy of information and ensuring the security of personal data.
18. SAFETY TIPS
Users are advised to adhere to the following guidelines and acknowledge the associated risks:
-
Confidentiality of Passwords and Personal Information: Users should never share their passwords, personal information, or any official identity document with any individual or entity. Sharing such information may result in unauthorized access or misuse, for which Buddi shall not be held responsible.
-
Communication and Expectations: As this is a social site, it is important for users to share their expectations and intentions clearly in order to avoid misunderstandings or misinterpretations. Buddi encourages open communication and expects users to engage respectfully and responsibly with one another.
-
Monetary Transactions: Users are strictly prohibited from sending any money to another member on the platform. Buddi does not facilitate or endorse any financial transactions between users and shall not be held liable for any losses resulting from such transactions.
-
Risk of Disclosing Personal Information: Users acknowledge that any disclosure of their personal information to other users, including listeners, is done at their own risk. While Buddi LLC takes measures to ensure the security of personal information, the sharing of such information with other users is beyond its control, and users should exercise caution and discretion when disclosing personal details.
-
Furthermore, it is important to note that additional terms and conditions, privacy policies, and community guidelines may apply, governing the use of the platform. Users are expected to familiarize themselves with and abide by these provisions to ensure a safe and positive user experience. Buddi reserves the right to take appropriate action, including the suspension or termination of user accounts, in the event of non-compliance with these terms and guidelines.
19. RELEASE
-
By using the Services, you hereby release us, as well as our successors, from all losses, damages, rights, demands, and actions of any kind, including but not limited to personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the Services ("Claims").
-
This release encompasses all Claims, whether they are known or unknown, suspected or unsuspected, disclosed or undisclosed, arising from any legal theory or cause of action, and regardless of whether such Claims arise under contract, tort, negligence, or any other legal basis.
-
By releasing us from these Claims, you are agreeing to waive any rights or remedies that you may have against us, our successors, and any affiliated individuals or entities. This release applies to all present and future Claims, including those that may arise as a result of any acts, omissions, or conduct by other users of the Services.
-
Please note that this release is a fundamental part of our agreement and is intended to protect us, our successors, and our affiliated entities from potential legal claims that may arise from your use of the Services. It is important for you to carefully consider the implications of this release and to consult with legal counsel if you have any concerns or questions about its scope or effect.
20. THIRD-PARTY LINKS
-
The Website and Mobile Application may comprise links to external or third-party Websites (“External Sites”). These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites. The content of such External Sites is created and used by others. You can communicate with the site administrator for those External Sites. We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites. You should take safety measures when you are downloading files from all these Websites to safeguards your computer from viruses and other critical programs. If you agree to access linked External Sites, you do so at your own risk.
21. PERSONAL INFORMATION AND PRIVACY POLICY
-
By accessing or using this Website and Mobile Application, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.
22. ERRORS, INACCURACIES, AND OMISSIONS
-
Every effort has been taken to ensure that the information offered on this Website and Mobile Application is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website and Mobile Application will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and Mobile Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
23. LIMITATION OF LIABILITY
-
The website, mobile application and the service are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website will operate error-free or that the website, its servers or its content or service are free of computer viruses or similar contamination or destructive features.
-
We disclaim all licenses or warranties, including, but not limited to, licenses or warranties of title, merchantability, non-violation of third parties’ rights, and fitness for particular purpose and any warranties arising from a matter of dealing, course of performance, or usage of trade. In relation with any warranty, contract, or common law tort claims: (i) we shall not be liable for any unintended, incidental, or substantial damages, lost profits, or damages resulting from lost data or business stoppage resulting from the use or inability to access and use the website, mobile application or the content, even if we have been recommended of the possibility of such damages.
-
The Website and/or Mobile Application may comprise technical incorrectness or typographical errors or omissions. Unless required by applicable laws, we are not accountable for any such typographical, technical, or pricing errors recorded on the Website/Mobile Application. The Website/ Mobile Application may contain information on certain services, not all of which are available in every location. A reference to a service on the websites does not suggest that such service is or will be accessible in your location. We reserve the right to do changes, corrections, and/or improvements to the Website/Mobile Application at any time without notice.
24. COPYRIGHT AND TRADEMARK
-
The Website and Mobile Application contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other the material provided by or on behalf of us (collectively referred to as the “Content”). The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws. You have no rights in or to the Content, and you will not take the Content except as allowed under this Agreement. No other use is allowed without prior written consent from us. You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.
-
If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website and Mobile Application automatically terminates and you must immediately destroy any copies you have made of the Content.
-
Our trademarks, service marks, and logos used and displayed on the Website and Mobile Application are registered and unregistered trademarks or service marks of us. Other company, product, and service names located on the Website and Mobile Application may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”). Nothing on the Website and Mobile Application should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.
25. INDEMNIFICATION
-
You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website and Mobile Application. We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
26. MISCELLANEOUS
-
SEVERABILITY
-
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.
-
TERMINATION
-
Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.
-
Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.
27. ENTIRE AGREEMENT
-
This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.
28. GOVERNING LAW AND JUDICIAL RECOURSE
-
The terms herein will be governed by and construed under the law of the United States of America and the State of New York without giving effect to any principles of conflicts of law. The courts of the State of New York shall have exclusive jurisdiction over any dispute arising from the use of the Mobile Application.
29. FORCE MAJEURE
-
We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.
30. ASSIGNMENT
-
We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.
31. CONTACT INFORMATION
-
This Website and Mobile Application is operated by Buddi LLC. If you have any questions about these Terms, please contact us at hello@buddiapp.co.