TERMS OF USE

Last revised on 04/15/2019

Welcome to Badge. Terms of Use are between you and Badge Labs. The terms (“us,” “we,” the “Company” or “Badge” refer to Badge Labs, respectively.

0. Disclaimer

(i) Badge is a FREE SOFTWARE, AND IT IS NOT INVOLVED IN ANY COMMERCIAL ACTIVITY. Meaning, we are NOT MAKING ANY MONEY. We are not showing ads, selling subscriptions, selling your data, or making any profit whatsoever. By creating a Badge account , you agree to use this software on a "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND and YOU AGREE NOT TO HOLD US LIABLE FOR ANY DAMAGES and YOU AGREE NOT TO BRING ANY CLAIMS AGAINST BADGE IN NO COURT OF LAW.

Because WE ARE OFFERING THIS PRODUCT FOR FREE and NOT MAKING ANY PROFIT out of it, we urge you to be a good a person and abide (i). Because (i) may be seen as not legally strong enough, in the following sections, you can find the full terms of service in their full legal strength.

1. Acceptance of Terms of Use Agreement.

By creating a Badge account , whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on goBadge.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.

2. Eligibility.

You must be at least 18 years of age to create an account on Badge and use the Service. By creating an account and using the Service, you represent and warrant that:

3. Your Account.

In order to use Badge, you may sign in using your Facebook or Google login. If you do so, you authorize us to access and use certain Facebook and Google account information, including but not limited to your public Facebook profile and information about Facebook friends you share in common with other Badge users. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Badge, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@badge.app.

4. Modifying the Service and Termination.

Badge is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.

You may terminate your account at any time, for any reason, clicking "Delete account" in the profile section in the Service. Badge may terminate your account at any time without notice if it believes that you have violated this Agreement. After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and Badge: Section 4, Section 5, and Sections 11 through 17.

5. Safety; Your Interactions with Other Users.

Though Badge strives to encourage a respectful user experience through features like the double opt-in that only allows users to communicate if they have both wearing the same badge, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You agree you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT BADGE DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. BADGE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. BADGE RESERVES THE RIGHT TO CONDUCT - AND YOU AGREE BADGE MAY CONDUCT - ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

6. Rights Badge Grants You.

Badge grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by Badge and permitted by this Agreement. Therefore, you agree not to:

The Company may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.

7. Rights you Grant Badge.

By creating an account, you grant to Badge a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from Facebook or Google, as well as any information you post, upload, display or otherwise make available (collectively, “post”) on the Service or transmit to other users (collectively, “Content”). Badge’s license to your Content shall be non-exclusive, except that Badge’s license shall be exclusive with respect to derivative works created through use of the Service. For example, Badge would have an exclusive license to screenshots of the Service that include your Content. In addition, so that Badge can prevent the use of your Content outside of the Service, you authorize Badge to act on your behalf with respect to infringing uses of your Content taken from the Service by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that any Content you place or that you authorize us to place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other Badge users).

You agree that all information that you submit upon creation of your account, including information submitted from your Facebook or Google account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to Badge above.

You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.

When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your account.

In consideration for Badge allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to Badge regarding our Services, you agree that Badge may use and share such feedback for any purpose without compensating you.

You agree that Badge may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.

8. Community Rules.

By using the Service, you agree that you will not:

Badge reserves the right to investigate and/ or terminate your account if you have violated this Agreement, misused the Service or behaved in a way that Badge regards as inappropriate or unlawful, including actions or communications that occur on or off the Service.

9. Other Users’ Content.

Although Badge reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the user who posts it, and Badge cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via support@badge.app.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material); your contact information, including address, telephone number and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent via email to support@badge.app, Badge will terminate the accounts of repeat infringers.

11. Disclaimers.

BADGE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Badge DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.

BADGE TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

12. Third Party Services.

The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. Badge is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the third parties made available through our Service, such party’s terms will govern their relationship with you. Badge is not responsible or liable for such third parties’ terms or actions.

13. Limitation of Liability.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BADGE, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF Badge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL Badge’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO Badge FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

14 . Governing Law.

For users residing in the EU or European Economic Area or elsewhere the laws of Bulgaria, will apply to any disputes arising out of or relating to this Agreement or the Service. For the avoidance of doubt, the choice of Bulgarian governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.

15. Venue.

Except for users residing in the EU or European Economic Area, who may bring claims in their country of residence in accordance with applicable law, and except for claims that may be properly brought in a small claims court of competent jurisdiction in the county in which you reside or in Sofia County, Bulgaria, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with Badge that for whatever reason are not submitted to arbitration will be litigated exclusively in the courts of Sofia County, Bulgaria. You and Badge consent to the exercise of personal jurisdiction of courts in Sofia County, Bulgaria and waive any claim that such courts constitute an inconvenient forum.

16. Indemnity by You.

You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Badge, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.

17. Entire Agreement; Other.

This Agreement, with the Privacy Policy, and any terms disclosed and agreed to by you if use services we offer on the Service, contains the entire agreement between you and Badge regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your Badge account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind Badge in any manner.