All Content contained within our Services is presented for informational purposes only. Our Services are not intended as a substitute for medical care or advice from a qualified medical provider. Buddio and its personnel are not licensed to practice medicine in any fashion in any state or country. Always seek medical care from a qualified medical professional for any medical question or issue you may have. Do not neglect or delay seeking advice or treatment from a qualified medical professional because of something you have read or seen on our Services.
While walking or using the Buddio walk App, please be aware of your surroundings and walk safely. The Buddio walk App pairs you with a virtual walking Buddy for motivational purposes only; the Buddio walk App should not be used to increase personal safety. Walking with a virtual buddy via the Buddio walk does not decrease the environmental or health and safety risks of walking alone— physically unaccompanied by a trusted individual.
Your use of any information found on our Services is entirely at your own risk. Our Services are a self-help tool, not a treatment, therapy, or medical device. Use of our Services does not create a medical professional/patient relationship of any kind. Buddio is not intended and has not been approved by the FDA to diagnose, treat, mitigate, cure, or prevent any disease.
IF YOU HAVE AN EMERGENCY MEDICAL NEED OR FEEL THAT YOU MAY BE SUICIDAL OR FEEL UNSAFE DO NOT USE OUR SERVICES. CALL 911 OR SEEK PROFESSIONAL MEDICAL CARE IMMEDIATELY.
Buddio has no obligation to report to you, your family, law enforcement or others any threat to yourself or others that you may disclose when using Buddio, but reserves the right to report any such threat in our sole discretion. You acknowledge and agree that Buddio has no liability to you if we report or decline to report any such threat and hereby release Buddio from any related liability on your own own behalf and behalf of your heirs and successors.
Privacy on our Services
We do not knowingly allow children below the age of 13 to use Buddio. If we discover that a child under 13 is using Buddio, we will delete the account as soon as possible. If you believe a child under 13 is using Buddio, please notify us at firstname.lastname@example.org.
Rules of Conduct for Using our Services
We may permit you to create an account on our Services that gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You agree to provide accurate, current, and complete information about yourself in your account. You are responsible for updating that information if a change occurs—for example, to your contact information. You are not permitted to use another person’s name or information to create an account or impersonate another person, and you are not permitted to use the account of any other user without that user’s consent. You may not sell or share your account, or in any way transfer your account to another person. You are responsible for all use of your account, whether by you or by another person or entity. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your User Account. You must notify Buddio immediately of any breach of security or unauthorized use of your user account. You are responsible for keeping your password and account information secure. Buddio is not responsible for any losses or damages that occur, to you or others, due to your failure to protect your password or account information. By connecting to your Buddio acount with a third-party service provider such as Facebook, Google or Apple, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You agree that you are legally able to use our Services, and that using our Services complies with applicable laws. If using our Services at any time violates any applicable law, you may not use our Services.
In addition, the following restrictions apply to all use of our Services by you:
You are not permitted to collect, “scrape” or “harvest” data from our Services on a mass basis, either manually or with an automated software tool, unless you have received specific written permission to do so from Buddio.
You are not permitted to access our Services by automated means, including without limitation by means of “robots,” “spiders,” “offline readers,” unless given specific written permission to do so by Buddio.
You are not permitted to run any processes that will run or remain active while you are not logged into our Services. This includes any type of auto-responder or “spam,” any process which places an unreasonable load on the infrastructure of the Services, or any process that interferes with the proper working of the Services in any way.
You are not permitted to copy or store significant portions of the Content as determined by us in our sole discretion. Unless expressly permitted by Buddio, you are not permitted to share, post, or distribute significant portions of the Content in any way.
You are not permitted to decompile, reverse engineer, or in any way attempt to obtain source code or similar information related to our Services or the Content.
You are not permitted to access any portion of our Services which is not intended for public user access.
You are not permitted to obtain or attempt to obtain any other user or users’ passwords or account security information, or otherwise access any content on our Services through any technology or means other than those provided or authorized by the Service.
You are not permitted to engage in any act which violates the security of any computer, network, or database, whether part of our Services or belonging to a user or users of our Services.
You are not permitted to engage in any activity that prevents or inhibits another user or users from using our Services in a normal manner (for example, activity that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure).
Rules of Conduct for Posting or Sharing Content and Interacting with Other Users
By posting or sharing content or interacting with other users within the Services, you agree that you will not post, share, or communicate:
Any content that infringes on, misappropriates or otherwise violates any third-party intellectual property rights.
Any material that is illegal or violates any laws, or encourages the violation of any laws.
Any material that is defamatory, fraudulent, deceptive, threatening, harassing, abusive, obscene, or discriminatory, or is intended to cause physical or emotional harm to another user.
Any user’s password or account security information, including your own.
Any content that may pose a security risk to either our Services or its users (including but not limited to viruses, spyware, or malware).
Any commercial advertisements or solicitations of business:
Any falsehoods or misrepresentations that could damage Buddio or any third party.
Any content that impersonates another person.
Interactions with Other Users
You agree that all users’ conduct on our Services, such as any postings or communications with other users, are entirely their own responsibility. Buddio is in no way responsible for the actions of the users of our Services, or any harm or damage caused by these actions.
You agree that, in the event of a dispute between you and any other user, Buddio has no obligation to assist in the resolution of the dispute. You agree that Buddio is in no way liable for any damages or harm arising from such disputes.
Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. If you elect to use paid aspects of the Services, you agree to our pricing and payment terms, as we may update them from time to time. Buddio may add new services for additional fees and charges, add or amend fees and charges for existing services, at any time in its sole discretion.
Payment Information; Taxes. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
California Residents. The provider of services is Buddio, Inc., [address], telephone [insert number]. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
Using our Services Outside of the US
Unless otherwise clearly specified, the material in Buddio is intended for use solely in the United States. Buddio does not warrant that our Services or any of our content is legal or appropriate for use in other locations. If you access our Services from a location outside of the US, you agree that you are responsible for complying with any applicable local laws, and that you will not use our Services in any manner which violates local laws or regulations.
When you post, share, upload, store, or otherwise provide content or material to our Services, you are giving Buddio a perpetual, irrevocable, transferrable, sub-licensable, royalty-free, worldwide license to use and reproduce this content, in any form or media, and via any technology, whether it now exists or is created in the future, in order to: (a) provide and maintain the Services for you and for the limited purposes identified in our Privacy Privacy; and (b) to create deidentified and/or aggregate data for use for our own business purposes. Further, you give Buddio the right to translate this content and modify it for technical purposes, such as to allow it to display across platforms or meet the technical requirements of networks or media, and to otherwise act in reference to the content or material such as is necessary to include the content or material on our Services.
When you post or share material to our Services, you warrant that you have the right to do so, and that posting or sharing the material does not violate any copyright or intellectual property laws.
You may choose to, or Buddio may invite you to submit comments, suggestions, or ideas about the Services, including how to improve the Services (“Ideas”). By submitting any Ideas, you agree that your submissions are voluntary, gratuitous, unsolicited, and without restriction and will not place Buddio under any fiduciary or other obligation. Buddio may use, copy, modify, publish, or redistribute the submission and its contents for any purpose and in any way without any compensation to you. You also agree that Buddio does not waive any rights to use similar or related ideas previously known to Buddio, developed by its employees, or obtained from other sources.
You may sign up to receive certain Buddio notifications or information via text messaging. You may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
Changes to Services
Buddio reserves the right to temporarily or permanently change, suspend, or discontinue our Services at any time without notice. You agree that Buddio will not be liable to you or any third party for such changes, suspension, or discontinuance, or for any damages directly or indirectly caused by such changes, suspension, or discontinuance.
Suspension and Termination
Choice of Law
Arbitration and Class-Action/Jury Trial Waiver
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM BUDDIO.
Disclaimer of Warranties
OUR SERVICES AND ANY CONTENT CONTAINED THEREIN ARE PROVIDED ON AN “AS-IS” BASIS, WITHOUT WARRANTY OF ANY KIND EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BUDDIO OR THROUGH OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
USE OF OUR SERVICES IS AT YOUR OWN RISK. WITHOUT LIMITING THE FOREGOING, BUDDIO, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS; THAT OUR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT OUR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES ARE DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF OUR SERVICES.
FURTHER, BUDDIO DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BUDDIO WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Limitation of Liability
IN NO EVENT AND UNDER NO LEGAL THEORY (TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) WILL BUDDIO OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES BE HELD LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DAMAGE OR HARM INCURRED THROUGH USE OF, OR INABILITY TO USE, OUR SERVICES, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF GOODWILL, STOPPAGE OF WORK, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF WE KNEW, SHOULD HAVE KNOWN, OR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
WITHOUT NEGATING OR LIMITING THE FOREGOING, YOU AGREE THAT THE LIABILITY OF BUDDIO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR AFFILIATES ARISING OUT OF ANY KIND OF LEGAL CLAIM IN ANY WAY RELATING TO OUR SERVICES WILL NOT EXCEED THE TOTAL SUBSCRIPTION FEES, IF ANY, YOU HAVE PAID TO BUDDIO FOR USE OF OUR SERVICES IN THE PAST TWELVE MONTHS OR $100, WHICHEVER IS GREATER.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, THE ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT ALLOWED BY THE LAW OF THE STATE IN QUESTION.
Additional Terms for Mobile Applications
If the applicable Mobile Application is being acquired on behalf of the United States Government, then the following provision applies. The Mobile Application will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of our Services and any accompanying documentation by the U.S. Government will be governed solely by these Terms of Service and is prohibited except to the extent expressly permitted by these Terms of Service. The Mobile Application originates in the United States, and is subject to United States export laws and regulations. The Mobile Application may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Application may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Application and our Services.
No Waiver and Severability
Scope and Duration of Agreement