Terms and Conditions

Last Updated: July 20, 2020

Please read these Terms and Conditions as well as the Privacy Policy of the Company carefully before using the Service.

1. Interpretation

Unless otherwise provided, capitalized terms shall have the meanings given to such terms in the section titled “Definitions” below. Any defined term shall have the same meaning regardless of whether such term appears in singular or in plural.

2. Definitions

For the purposes of these Terms and Conditions:

3. Acknowledgement

These Terms and Conditions govern the use of the Service and constitutes the agreement between You and the Company. These Terms and Conditions set out the rights and obligations of all Users regarding the use of the Service and, by accessing or using the Service, You agree to be bound by, and at all times comply with, these Terms and Conditions. If You disagree with any part of these Terms and Conditions, then You may not access the Service. THESE TERMS AND CONDITIONS, THE APPLICATION, SERVICE AND ANY BE APP INC. GOOD OR PRODUCT RELATED THERETO IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, ALPHABET INC., GOOGLE LLC OR APPLE, INC.

Additional policies and terms may apply to the use of all or certain portions of the Service and are hereby incorporated by reference. Please refer to and review all additional specific terms and conditions as applicable, including the Privacy Policy. To the extent permitted by law, You agree that You have reviewed and agreed to the Privacy Policy, subject to any additional requirements regarding consent to collection and processing of personal data where required by law. The Privacy Policy describes the Company’s policies and procedures on the collection, use and disclosure of Your personal information when You use the Service and provides further information regarding Your privacy rights. Please read the Privacy Policy carefully before using the Service.

The use of the Service requires certain minimum capabilities as set forth herein. In order to use all of the functionalities of the Service, the User must:

At times, some or all of the features or contents of the Service may be unavailable due to scheduled or unscheduled maintenance or for any other reason. Further, the Service may be modified, suspended or withdrawn by the Company at any time due to legal or technical requirements or substantial amendments. Where possible and reasonably practical, the Company will inform Users ahead of any suspension or withdrawal.

4. Service Conditions of Use

Users may download the Service on multiple Compatible Mobile Phones. Downloading the Service is at the User’s sole risk.

When the User registers with the Company, the User represents that: (a) the contact information submitted by the User is truthful, complete and accurate; (b) it will update its contact information upon any change in order to allow the Company to contact the User in accordance with these Terms and Conditions; and (c) it shall at all times abide by and comply with these Terms and Conditions.

By accessing the Application and/or using the Service, You represent and warrant that You are at least twelve (12) years of age. If You are under the age of twelve (12), then You may not, under any circumstances or for any reason, use the Service. Additionally, applicable law may impose additional age restrictions. By accessing the Application and/or the Service, You represent that that You meet any applicable minimum age requirements imposed by applicable law. Use of the Service by persons younger than thirteen (13) years of age is subject to the terms of the Privacy Policy and may be subject to parental consent. See the Privacy Policy for more information.

While the Service is intended for general use by all eligible Users, use of certain features or aspects of the Service may be limited or may not be available to certain Users, subject to age and other eligibility requirements stated within the Service. By using the Service, You acknowledge and agree that you understand and will abide by such age and eligibility requirements described herein and separately in connection with certain portions of the Service. The Company may, in its sole discretion, refuse to offer the Service to any person or entity and/or change eligibility criteria for participation in the Service at any time. You are solely responsible for ensuring that these Terms and Conditions and Your use of the Service are in compliance with all applicable laws, rules and regulations. The right to access the Service is revoked where these Terms and Conditions or use of the Service is prohibited or to the extent any offering, sale or provision of the Service conflicts with any applicable law, rule or regulation. All or any portion of the Service may be void where prohibited by applicable law. The Services are offered only for Your use and not for the use or benefit of any third party. VOID WHERE PROHIBITED BY LAW.

Upon access to the Service, the User will be required to log in using their email address and/or login information for the User’s Facebook, Twitter, Snapchat or Google account (the “ Access Data”). The User shall not allow its Access Data to be used by a third party to access the Service. The User is responsible for maintaining the confidentiality of the Access Data and for all statements, acts or omissions related to the User’s account, whether or not actually or expressly authorized by such User. If the User has any reason to believe or becomes aware of any loss, theft or unauthorized use of the User’s Access Data, then the User shall immediately notify the Company by sending written notice to the Company at the following email address: hello@getbeapp.com. Within a reasonable timeframe of receiving such notice, the Company shall deactivate the User’s account and manage the Access Data in accordance with the Privacy Policy. The Company is entitled to assume that any communication the Company receives from the User’s email or other address, or communication that is associated with User’s Access Data, is made by the User, unless the Company receives notice indicating otherwise.

Without limiting the terms of these Terms and Conditions, the Company expressly disclaims all liability for damages and/or losses arising from any use or misuse of the Service in accordance with these Terms and Conditions.

Any and all fees or costs associated with use of the Compatible Mobile Phone and internet connectivity associated therewith, including, without limitation, any messaging or data fees, are the sole responsibility of the User. The Company shall not be responsible for any such fees or costs.

5. Service License

In connection with the use of the Service, the Company grants to the User a non-exclusive, temporary, revocable, non-transferable, non-sub-licensable license (the “ License”) to use the Service and the relevant software solely for personal, non-commercial purposes and solely through the Company-provided interface, all in accordance with these Terms and Conditions. Any use of the Service not expressly authorized by the Company or by these Terms and Conditions is prohibited. Therefore, by way of example only, the User shall not, and shall not allow any third party to: (a) reproduce, copy, post, modify, create a derivative work of, reverse engineer, de-compile, disassemble, reverse assemble or otherwise attempt to discover, in whole or in part, any Content; (b) rent, loan, share, publicly perform or display, sell, transfer or otherwise distribute the Service or the Content to third parties; (c) permit the Service to be combined with, or become incorporated in, any other programs, except as necessary to use the Service; (d) send or otherwise make available any file or program that might damage or alter any hardware, software or equipment related to the Application, Service and/or Content; and/or (e) transfer or assign its Access Data.

The User is aware and acknowledges and agrees that the Company may change the Service, in its sole discretion, at any time and may periodically make improvements, modifications, upgrades, integrations or updates available to the User (the “ Upgrades”). Any Upgrade may impact the functionality of the Service and the User acknowledges and agrees that the Company shall have no liability whatsoever due to the User’s failure to install any such Upgrade, or that may result from the use or installation of such Upgrade. Any and all Upgrades shall be governed by these Terms and Conditions.

The License shall be effective until the User ceases use of the Service, the Company terminates the User’s account in accordance with these Terms and Conditions or the Company withdraws or terminates the Service.

6. Third-party Advertisements and Links

The Service may include: (a) commercial information or advertisements (e.g., commercial offers, events, coupons, etc.) from third parties; and/or (b) links to other websites or resources that are operated by third parties not affiliated with the Company. Such links are provided solely for the convenience of the User. The Company is not responsible or liable for any third-party content, advertising, products or other materials on or available from third-party websites or resources. Inclusion of links to third-party websites or resources should not be viewed as, and is not, an endorsement of the content of any such websites by the Company. Separate terms and conditions and privacy policies may apply to the User’s use of any linked sites or resources. The User hereby acknowledges and agrees that the Company is in no way responsible or liable, directly or indirectly, for any damage, loss or liability caused or alleged to be caused by or in connection with the User’s use of or reliance on any third-party advertisements, content, products or services available on or through any such linked website.

7. Customer Service

If the Service does not perform as expected (or at all) due to a malfunction or any other technical problem, the User may seek technical support by contacting the Company via email at: hello@getbeapp.com. The Company will work with the User to troubleshoot and/or remediate any malfunction, but cannot guaranty that such efforts will succeed in restoring full service to any individual User.

8. Term, Suspension and Termination

The User may stop using the Service, at any time and for any reason, and may at any time cancel such User’s registration and remove certain data in a manner consistent with the Company’s Privacy Policy by sending written notice to the Company at the following email address: hello@getbeapp.com. The Company shall de-activate such registration within a reasonable period of time after receipt of such notice. Notwithstanding such notice, the User’s use of the Service shall be governed by these Terms and Conditions in perpetuity.

Without limiting any other provision of these Terms and Conditions, the Company reserves the right, in its sole discretion and without notice or liability, to deny access to and use of all or any part of the Service to any person, without limitation, for breach of any representation, warranty or covenant contained in these Terms and Conditions, or of any applicable law or regulation. Termination of a User’s access will not waive or affect any other right or relief to which the Company may be entitled at law or in equity.

Upon termination of the User’s account, the Company will close the User’s account and the User will no longer be able to retrieve information or data contained in such account. Notwithstanding any other provisions of these Terms and Conditions, any provision of these Terms and Conditions that imposes or contemplates continuing obligations on the User will survive the expiration or termination of these Terms and Conditions.

9. Placing Orders for Goods

By placing an Order for Goods through the Service, You represent and warrant that You are legally capable of entering into binding contracts.

If You wish to place an Order for Goods available on the Service, then You may be asked to supply certain information relevant to Your Order, including, without limitation, Your name, email, phone number, credit card information, all or part of Your billing address and Your shipping information, if necessary.

By placing an Order, You represent and warrant that: (a) You have the legal right to use the credit or debit card(s) or other payment method(s) in connection with any Order; and (b) the information You supply to the Company is true, correct and complete. You understand and acknowledge that Your information will be submitted directly to a third party payment processor and You hereby grant the Company the right to provide Your information to any such third party payment processor for the purposes of facilitating the completion of Your Order.

10. Order Cancellation

The Company reserves the right to refuse or cancel Your Order at any time in certain circumstances, including, but not limited to:

Additionally, the Company reserves the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.

Your right to cancel an Order only applies to Goods that are returned in the same condition as You received them. Any return of Goods must include all of the products’ instructions, documents and wrappings. Goods that are damaged or not in the same condition as when received or which are worn simply beyond opening the original packaging will not be refunded. You should take reasonable care of the purchased Goods while they are in Your possession.

The Company shall reimburse You as promptly as practical under the circumstances after the day on which the Company receives the returned Goods. The Company will use the same means of payment as used for the Order and will not charge You any fees for such reimbursement. However, the Company accepts no responsibility for any fees charged by any service provider for such returns, including, but not limited to, postal or shipping fees or charges and/or credit or other payment-related charges. In no event shall the Company be required to reimburse any amount greater than the purchase price paid for the Goods in the event of a return or cancellation.

You will not have any right to cancel an Order for the supply of any of the following Goods:

In any event, the aggregate liability of the Company for the sale of any Goods hereunder howsoever arising shall not exceed the value of the sums paid for the Goods by the User, except as otherwise provided by these Terms and Conditions.

11. Availability, Errors and Inaccuracies

The Company is constantly updating the Goods offered on the Service. The Goods available on the Service may be mispriced, described inaccurately or unavailable and the Company may experience delays in updating information regarding the Goods on the Service and in the Company’s advertising on other websites.

We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability and services. We reserve the right to change or update information and to correct errors, inaccuracies or omissions at any time without prior notice.

12. Prices Policy

The Company reserves the right to revise its prices at any time prior to accepting an Order.

The prices quoted may be revised by the Company subsequent to accepting an Order in the event of any occurrence affecting delivery, including, but not limited to, government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the reasonable control of the Company. In any such event, You will have the right to cancel Your Order and receive a full refund, if applicable.

13. Payments

All Goods purchased are subject to a one-time payment. Payment shall be made through one of various payment methods including, but not limited, to Apple Store In-App Payments, Visa, MasterCard, Affinity Card, American Express cards or other online payment methods (e.g., PayPal). The Company reserves the right to extend or cease support for any payment method at any time in its sole discretion.

Payment cards (credit cards or debit cards) are subject to validation checks and authorization by Your card issuer. If the Company does not receive the required authorization, then the Company shall not be liable for any fees imposed or delay or non-delivery of Your Order.

14. In-app Purchases

The Application may include In-app Purchases that allow the User to buy products, services or subscriptions. More information about how a User may be able to manage In-app Purchases using its Device may be set out in the Application Store’s terms and conditions or in the help settings of such User’s Device.

In-app Purchases can only be consumed within the Application. If You make an In-app Purchase, then that In-app Purchase cannot be cancelled after the download has been initiated. In-app Purchases cannot be redeemed for cash or other consideration or otherwise transferred. For the sake of clarity, the rights described above in the section titled “Order Cancellation” shall not apply in the case of In-app Purchases.

If any In-app Purchase is not successfully downloaded or does not work once it has been successfully downloaded, We will, after becoming aware of the fault or being notified of the fault by You, investigate the reason for such fault. We will act reasonably in deciding whether to provide You with a replacement In-app Purchase or issue You with a patch to repair the fault. In no event will We charge You any amount in addition to the ordinary purchase price to replace or repair the In-app Purchase. In the unlikely event that We are unable to replace or repair the relevant In-app Purchase or are unable to do so within a reasonable period of time and without significant inconvenience to You, We will authorize the Application Store to refund You an amount up to the cost of the relevant In-app Purchase. Alternatively, if You wish to request a refund, You may do so by contacting the Application Store directly.

You acknowledge and agree that all billing and transaction processes are handled by the Application Store from which you downloaded the Application and are governed by such Application Store’s terms and conditions.

If You have any payment-related issues with In-app Purchases, then You may also need to contact the Application Store directly. Though the Company is committed to work to resolve download and other application issues, the Company cannot provide technical support for issues with the In-app Purchase process that occur outside of the Service.

15. Additional Notice to California Residents

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: The provider of the Service and any Goods offered for sale therein is Be App Inc., located at 101 Leonard Street, New York, NY 10013. To file a complaint regarding the Service or Goods or to receive further information regarding use of the Service or Goods, send a letter to the above address or via email at hello@getbeapp.com (with “California Resident Request” as the subject line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at (800) 952-5210.

16. User Accounts

When You create an account with Us, You must provide information that is accurate, complete and current at all times. Failure to do so constitutes a breach of these Terms and Conditions, which may result in immediate termination of Your account on the Application and/or Service.

You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your username and/or password, whether Your username and/or password is with Our Service or a Third-Party Social Media Service.

You agree not to disclose Your password to any third party. You acknowledge and agree that You shall immediately notify the Company upon becoming aware of any breach of security or unauthorized use of Your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

17. Your Content

The Service allows You to post User Content. You are responsible for the User Content that You post to the Service, including its legality, reliability and appropriateness. By posting User Content, You represent that (a) You own or have the right to post such User Content and (b) such User Content, or its use by the Company as contemplated by these Terms and Conditions, does not violate the Terms and Conditions, applicable law or the intellectual property, publicity, personality or other rights of others or imply any affiliation with or endorsement of You or Your User Content by the Company, Apple Inc., Google LLC, any affiliates of the foregoing or any other entity unless and until such affiliation and endorsement is memorialized in an express written agreement with the Company or relevant entity. The Company may, but has no obligation to, monitor, review or edit User Content. In all cases, the Company reserves the right to remove User Content in its sole discretion with or without notice. Without limiting the foregoing, the Company shall have no obligation to delete, hide or disable User Content.

By posting User Content to the Service, You grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify, publicly perform, publicly display, reproduce, exploit, create derivative works from and distribute such User Content on and throughout the Service, including in advertisements. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right of the Company to make Your Content available to other Users of the Service, who may also use Your Content, subject to these Terms and Conditions.

YOU Acknowledge and AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST THE COMPANY RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE maximum EXTENT PERMISSIBLE UNDER applicable LAW, YOU shall INDEMNIFY, defend AND/or HOLD harmless THE COMPANY, Apple INC., GOOGLE LLC, any affiliate of any of the foregoing and any third party EFFECTED by such claim FROM AND AGAINST ALL DAMAGES, LOSSES AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEYs’ FEES AND COSTS) ARISING OUT OF SUCH CLAIM.

18. Content Restrictions

The Company is not responsible for the Content of the Service’s Users. You expressly acknowledge and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether created and/or published by You or any third person using Your account.

You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:

The Company reserves the right, but does not have the obligation, in its sole discretion, to determine whether or not any Content (including User Content) is appropriate and complies with these Terms and Conditions and may refuse or remove any such Content (including User Content). The Company further reserves the right to edit, alter the formatting or manner of presentation or otherwise modify any Content (including User Content). The Company may also limit or revoke the use of the Service if You post objectionable Content (including User Content).

As the Company cannot control all Content posted by Users and/or third parties on the Service, You agree to use the Service at your own risk. You understand that by using the Service, You may be exposed to Content that You may find offensive, indecent, incorrect or objectionable and You agree that under no circumstances will the Company be liable in any way for any Content, including any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of your use or viewing of any Content.

19. Content Backups

Although regular backups of Content are performed, the Company does not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, among other things, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Company will provide reasonable support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. You acknowledge that the Company has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.

You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.

20. Intellectual Property

The Service, Content, trademarks, logos, service marks, names and other distinctive signs, and images, photographs, content, text, graphics, software, interactive features, information, design, compilation, including the source code of the Service, made visible through the Service or otherwise used by or in the Service (the “ Company IP”) are or may be protected by copyright, patent, trademark, trade secrets and other applicable laws. The Company or its affiliates and their licensors are the sole and exclusive owners of all Company IP. The User does not and shall not acquire any right, title or interest in or to the Company IP, for any reason whatsoever, except for the limited rights set forth in these Terms and Conditions. Except as expressly set forth in these Terms and Conditions, the User may not use Company IP without prior written permission, in each instance, which shall be granted or denied by the Company on a case by case basis. All goodwill generated from use of the Company IP will inure to the exclusive benefit of the Company, its affiliates and/or their licensors, as applicable. The Company, its affiliates and their licensors reserve all rights not expressly granted in these Terms and Conditions.

The User acknowledges and agrees that any and all data related to or derived from the Service is the sole property of the Company or its nominee(s).

21. User Conduct

It is Company policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. In order to comply with obligations under applicable intellectual property law and licensing agreements, certain User conduct is strictly prohibited. The following actions are not permitted without express written consent from the Company:

If You are a copyright owner, or authorized agent on behalf of a copyright owner, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, then submit written notice of such allegation to the attention of our copyright agent via email at hello@getbeapp.com and include in such notice a detailed description of the alleged infringement.

You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your intellectual property rights.

22. DMCA Notice and DMCA Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our copyright agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

You can contact our copyright agent via email at hello@getbeapp.com or by mail at Be App Inc., 101 Leonard Street, New York, NY 10013.

Upon receipt of a notification, the Company will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.

23. Your Feedback to Us

You assign all rights, title and interest in any Feedback that You provide to the Company. If for any reason such assignment is ineffective, then You hereby agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.

24. Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party websites or services that You visit.

25. Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, Your breach of these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, then You may simply discontinue using the Service.

26. Limitation of Liability

Except as otherwise expressly provided in these Terms and Conditions, and to the fullest extent permitted by applicable law, the company makes no representations, warranties, guarantees or covenants and offers no other conditions (express or implied) regarding any matter including, but not limited to, the merchantability, suitability, fitness for a particular use or purpose other than those indicated in these Terms and Conditions.

Notwithstanding anything herein to the contrary, the User’s use of the Service is at the User’s sole risk. The User acknowledges and agrees that IT assumeS full responsibility for ITS use of the Service. The service is provided on an “as is” and “as available” basis. the company disclaims any warranties that access to the Service will be uninterrupted or error-free; that the Service will be secure; that the Service, Servers on which the Service is hosted and/or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components or that the service will work in combination with third-party hardware, software or mobile applications; or that information on the service will be correct, accurate, adequate, useful, timely, reliable or otherwise complete. If the User downloads any content using the Service, the User does so at its own discretion and risk. The User will be solely responsible for any damage to the User’s computer system or mobile devices or loss of data that results from the download of any such content. No advice or information obtained by the User from the service shall create any warranty of any kind.

To the fullest extent permitted by applicable law (including, without limitation, consumer protection law), neither the Company nor its affiliates, subsidiaries, licensors, suppliers or third-party content providers nor their respective partners, officers, directors, shareholders, employees, agents, successors or assigns will be liable fOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOSSES OR ANY OTHER DAMAGES OF WHATEVER KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOST PROFITS, LOSS OF DATA OR INFORMATION, OR LOSS OF BUSINESS GOODWILL OR OPPORTUNITY, WHETHER TANGIBLE OR INTANGIBLE) RESULTING FROM WHATEVER CAUSE, WHETHER IN AN ACTION UNDER THEORIES OF CONTRACT, TORT OR OTHERWISE, ARISING OUT OF OR IN ANY WAY RELATING TO THE USE OR PERFORMANCE OF THE Service and/or THE INFORMATION ON, OR ACCESSED THROUGH, the Service.

27. Indemnification

The User acknowledges and agrees that it shall indemnify and hold harmless the Company, its affiliates, subsidiaries, licensors, suppliers and third-party content providers, and their respective partners, officers, directors, shareholders, employees, agents, successors and assigns (collectively, the “ Company Group”) from and against any and all fines, penalties, liabilities, losses and other damages of any kind whatsoever (including attorneys’ and experts’ fees), incurred by Company Group and shall defend the Company Group against any and all claims arising out of or in connection with the User’s breach of these Terms and Conditions, the User’s infringement of any third-party right, including, but not limited to, any intellectual property or proprietary right, the User’s misuse of the Service or the use of the Service by any other person acting on the User’s behalf or using User’s Access Data.

Without limiting the foregoing, neither the Company nor any of the Company’s providers make any representation or warranty of any kind, express or implied: (a) as to the operation or availability of the Service, or the information, content and materials or products included thereon; (b) that the Service will be uninterrupted or error-free; (c) as to the accuracy, reliability or currency of any information or content provided through the Service; or (d) that the Service, its servers, the Content, or emails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. However, in such case, the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

28. Governing Law and Jurisdiction

These Terms and Conditions supersede any other agreement between You and the Company to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of New York without giving effect to any principles of conflicts of laws and any conflict shall be resolved exclusively in the state and federal courts sitting in Manhattan, New York, New York. A printed version of these Terms and Conditions shall be admissible in judicial and administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND the Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER RELATING TO THE USE OF the Service IN AN INDIVIDUAL CAPACITY AND NOT AS PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. BY USING THE Service YOU HEREBY IRREVOCABLY WAIVE THE RIGHT TO JOIN CLAIMS WITH OTHERS IN THE FORM OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE Against the Company.

29. Events Outside the Company’s Control

The Company shall not be liable for any failure to perform, or delay in performance of, its obligations under a contract with a User that is subject to these Terms and Conditions, including providing any Goods or providing access to the Service, if such failure is caused by unforeseeable and/or natural events beyond its reasonable control, including, by way of example only, natural disasters, widespread diseases or pandemics, acts of terrorism, wars, riots, power cuts, acts of government, general strike of public and/or private workers or strikes which restrict the operations of telecommunications, shippers or airline links.

30. Dispute Resolution

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

To the extent a User purports to have a right pursuant to European Union law against the Company relating to these Terms and Conditions or with the download, use and functioning of the Service, User might access the European Online Dispute Resolution platform (the “ European ODR Platform”). The European ODR Platform was developed and manages by the European Commission, in accordance to Directive no. 2013/11/EU and Regulation EU no. 524/2013, in order to facilitate the out-of-court, independent, impartial, transparent, efficient, rapid and just resolution of disputes relating to contractual obligations arising out of online sale or service contracts between a consumer residing in the European Union and a trader established within the European Union, through the intervention of an alternative dispute resolution body, to be selected from a list available thereof. For more details on the European Union ODR Platform or to start, through the latter, an alternative dispute resolution procedure relating to this contract, please visit http://ec.europa.eu/odr. The Company’s email address to be provided in the EU ODR Platform is the following: hello@getbeapp.com.

In case a dispute is not resolved in accordance with this section, the same will be deferred to the exclusive jurisdiction as described in the section titled “Governing Law and Jurisdiction” for disputes. Other relevant mandatory provisions providing for the jurisdiction of their place of residence or domicile may apply only to the extent such mandatory law would negate the parties’ express choice of law and/or jurisdiction.

31. United States Legal Compliance

By using the Service, You represent and warrant that (a) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country and (b) You are not listed on any United States government list of prohibited or restricted parties.

32. Severability

If any provision of these Terms and Conditions is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

33. Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms and Conditions shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

34. Translation Interpretation

Where the Company has provided You with a translation of the English language version of these Terms and Conditions, then You agree that the translation is or has been provided for Your convenience only and that the English language version of these Terms and Conditions shall govern your relationship with the Company. If there is any contradiction between what the English language version of these Terms and Conditions say and what any translation says, then the English language version shall take precedence. You acknowledge and agree that the original English text shall prevail in the case of a dispute.

35. Changes to These Terms and Conditions

The Company reserves the right, in its sole discretion, to modify or replace these Terms and Conditions at any time and for any or no reason. If a revision is material, then the Company shall make reasonable efforts to provide Users at least thirty (30) days’ prior notice to any new terms taking effect. What constitutes a material change will be determined in the Company’s sole discretion.

By continuing to access or use the Service after any revisions or modifications to these Terms and Conditions become effective, You agree to be bound by such revisions or modifications. If You do not agree to the new terms, in whole or in part, then please stop using the website and the Service.

36. No Relationship

Neither Alphabet Inc., Google LLC nor Apple Inc. is affiliated with Be App Inc. Neither Alphabet Inc., Google LLC nor Apple Inc. is a sponsor of our Service, the Goods or the Application, or the supplier of the Goods, and our Service, the Goods and the Application are not Apple or Google products. THESE TERMS AND CONDITIONS, THE APPLICATION, SERVICE AND ANY BE APP INC. GOOD OR PRODUCT RELATED THERETO IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, ALPHABET INC., GOOGLE LLC OR APPLE, INC.

37. Contact Us

If you have any questions about these Terms and Conditions, You can contact us via email at: hello@getbeapp.com