Terms of Use

Welcome to Buddio Tech! These Terms of Use are a binding contract between you and Buddio Tech LLC. (“Buddio Tech”, “we”, “us”), and govern your use of our services and technology (collectively, our “Services”), including: (1) any services or technology we make available at www.tymbuh.com or a successor site or subdomain; and (2) our mobile application(s) (each, a “Mobile Application”). By using or accessing Buddio Tech’s Services in any way, you agree to all of the Terms of Use outlined below, and you acknowledge that you have read and understood our Privacy Policy. If you do not agree to comply with the Terms of Use outlined below, you are not permitted to use or access Buddio Tech’s Services in any way. If you have any questions about these Terms of Use, contact us at info@buddiotech.com BEFORE you use the Services or otherwise agree to these Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS OF USE INCLUDE A MANDATORY INDIVIDUAL ARBITRATION REQUIREMENT AND A CLASS ACTION/JURY TRIAL WAIVER REQUIREMENT, SO ANY DISPUTES WILL NEED TO BE RESOLVED ON AN INDIVIDUAL BASIS, RATHER THAN BY MEANS OF JURY TRIALS OR CLASS ACTIONS.

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By using our Services, you certify that you are of legal age to form a binding contract, and legally able to enter into a binding contract. If you are using or accessing Buddio Tech on behalf of an organization or corporation, you certify that you are authorized to enter into this binding contract on behalf of that organization or corporation. If this is the case, with the exception of this paragraph, “you” and “user” in these Terms of Use will refer to that organization. Any use or access to our Services by anyone under 13 is strictly prohibited and in violation of these Terms of Use. You are not permitted to use or access the Services if we have previously terminated your user account.

Our Services

Subject to these Terms of Use, Buddio Tech grants you a non-transferable, non-exclusive, freely revocable right and license (without the right to sublicense) to access and use the Services for your own personal use. Buddio Tech reserves the right, at any time, to modify, suspend, or discontinue the Services or any part thereof with or without notice. You agree that Buddio Tech will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services or any part thereof. In addition, Buddio Tech reserves all other rights in the Services, and all content contained within our Services (the “Content”), not expressly granted herein.

You acknowledge and agree that Buddio Tech has no liability to you if we report or decline to report any such threat and hereby release Buddio Tech from any related liability on your own own behalf and behalf of your heirs and successors.

Privacy on our Services

Buddio Tech takes its users’ privacy very seriously. To read Tymbuh’s privacy policy, including Buddio Tech’s use of cookies and other tracking features, please click here.

We do not knowingly allow children below the age of 13 to use Tymbuh. If we discover that a child under 13 is using Buddio Tech, we will delete the account as soon as possible. If you believe a child under 13 is using Buddio Tech, please notify us at info@buddiotech.com.

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 Tech 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 Tech 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 Tech account 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 Tech.

• 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 Tech.

• 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 Tech, 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 Tech 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 Tech 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 Buddio Tech will not be held responsible for any violation on the part of another user of these Terms of Use, nor for any harm or damage resulting from such a violation.

You agree that, in the event of a dispute between you and any other user, Buddio Tech has no obligation to assist in the resolution of the dispute. You agree that Buddio Tech is in no way liable for any damages or harm arising from such disputes.

Payment Terms

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 Tech 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.

No Refunds. You may cancel your user account at any time; however, there are no refunds for cancellation. In the event that Buddio Tech suspends or terminates your account or these Terms of Use, you understand and agree that you shall receive no refund.

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 Tech LLC., [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 Tech is intended for use solely in the United States. Buddio Tech 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.

Proprietary Rights

Except as specifically allowed in these Terms of Use, you are not allowed to copy or reproduce in any way, modify, republish, or post, transmit, upload, or create derivative works of, sell or exploit in any way, or distribute in any medium (including email and electronic means), any content of our Services without express written consent of the owner of the content, or in any way which infringes on or violates any person or individual’s copyright or intellectual property rights.

When you post, share, upload, store, or otherwise provide content or material to our Services, you are giving Buddio Tech 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 Tech 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 Tech 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 Tech under any fiduciary or other obligation. Buddio Tech 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 Tech does not waive any rights to use similar or related ideas previously known to Buddio Tech, developed by its employees, or obtained from other sources.

Third-Party Links

If you use a link within our Services to access another site (a “third-party site”), you do so at your own risk. These links are provided only for your convenience, and Buddio Tech does not endorse, take responsibility for, or ensure the accuracy, safety, or effectiveness of such sites, nor any products or services that may be sold or offered by them. It is your responsibility to read the Terms of Use and Privacy Policies for any third-party site you access or use.

Text Messaging

You may sign up to receive certain Buddio Tech 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 Tech reserves the right to temporarily or permanently change, suspend, or discontinue our Services at any time without notice. You agree that Buddio Tech 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

Buddio Tech reserves the right to suspend or terminate your account for any reason, including but not limited to violation of these Terms of Use. Upon suspension or termination of your account for any reason or no reason, you continue to be bound by these Terms of Use.

Changes to the Terms of Use

Buddio Tech reserves the right to change these Terms of Use at any time. If we make material changes, we will notify you in a reasonable manner, such as by placing a notice on our Services or by sending you an email informing you of these changes.

Continued use of Buddio Tech after receipt of such a notice constitutes acceptance of the new Terms of Use. If you do not accept the new Terms of Use, you may no longer continue to use Buddio Tech. You will continue to be bound by the last Terms of Use that you accepted until you are notified of the new Terms of Use.

Indemnification

You agree to defend, indemnify and hold harmless Buddio Tech and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to our Services, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms of Use, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any content that is submitted via your user account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party’s access and use of our Services with your unique username, password or other appropriate security code.

Choice of Law

You agree that: (i) our Services shall be deemed solely based in New York; and (ii) our Services shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms of Use evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms of Use shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.

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.

For any dispute with Buddio Tech, you agree to first contact us at info@buddiotech.com and attempt to resolve the dispute with us informally. In the unlikely event that Buddio Tech has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms of Use, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Buddio Tech agree otherwise. JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Buddio Tech from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.

CLASS ACTION/JURY TRIAL WAIVER: WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICES FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THESE TERMS OF USE, YOU AND BUDDIO ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

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.

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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.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THESE TERMS OF USE GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THESE TERMS OF USE WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

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

Mobile Applications. To use any Mobile Applications we make available to you as part of our Services, you must have a mobile device that is compatible with the applicable Mobile Application. Buddio Tech does not warrant that any of our Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Buddio Tech hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Buddio Tech user account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that Buddio Tech may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms of Use will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Applications or any copy thereof, and Buddio Tech or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms of Use, is void. Buddio Tech reserves all rights not expressly granted under these Terms of Use.

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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.

Mobile Applications from Apple App Store. The following applies to any Mobile Application you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that these Terms of Use are solely between you and Buddio Tech, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms of Use and any law applicable to Buddio Tech as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms of Use and any law applicable to Buddio Tech as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, Buddio Tech, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Use. You and Buddio Tech acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms of Use as relates to your license of the Apple-Sourced Software, and that, upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

Mobile Applications from Google Play Store. The following applies to any Mobile Application you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Terms of Use are between you and Buddio Tech only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) Buddio Tech, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Terms of Use; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Terms of Use as it relates to Buddio Tech’s Google-Sourced Software.

Assignment

These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Buddio Tech without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

No Waiver and Severability

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Buddio Tech’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

These Terms of Use, together with any amendments and any additional agreements you may enter into with Buddio Tech in connection with our Services, shall constitute the entire agreement between you and Buddio Tech concerning our Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.

Scope and Duration of Agreement

You agree that these Terms of Use constitutes the full and entire agreement between you and Buddio Tech, and that it supersedes all other written or oral agreements, communications, or understandings of any kind between you and Buddio Tech or any of its directors, officers, employees, agents, affiliates, or third parties. You further agree that no modifications to these Terms of Use are valid unless specifically agreed to by Buddio Tech in writing.

Provisions which, by their nature, should survive these Terms of Use and your use of Buddio Tech, will survive termination. These include, but are not limited to payment obligations, limitations of liability, indemnification obligations and dispute resolution terms.

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION YOU HAVE IN RELATION TO USE OF OUR SERVICES OR TO THESE TERMS OF USE MUST BE FILED WITHIN ONE YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUED, OR BE PERMANENTLY BARRED.

We welcome any questions you may have regarding these Terms of Use. Please contact info@buddiotech.com with any questions you may have.