Terms

of service

studybuddy, Inc.

Effective date: January 1, 2024

We know it’s tempting to skip these Terms of Service, but it’s important to establish what you can expect from us as you use our services, and what we expect from you.

Please read this Terms of Service agreement carefully. This agreement is a legal contract between you and studybuddy, INC. (“Studybuddy”, “We”, or “Us”).

By accessing or using any StudyBuddy website or digital platform, including, without limitation, any content or services accessed through an electronic device using the StudyBuddy application ("App") or website ("Site"), accessing or using any content, information, services, features, or resources available or enabled via the Site or App (collectively with the Site and App, the "Services"), clicking on a button or taking any other action to signify your acceptance of this Agreement, or completing our account registration process, you: (1) agree to be bound by this Agreement and any future amendments and additions to this Agreement as published from time to time through the Site and App; (2) represent that you have the authority to enter into this Agreement personally and, if applicable, on behalf of any company, organization, or other legal entity on whose behalf you use the Services and to bind that entity to this Agreement. References to "you," "User," and "Users" in this Agreement refer to all individuals and other persons who access or use the Services, including, without limitation, any companies, organizations, or other legal entities that register accounts or otherwise access or use the Services through their respective employees, agents, or representatives. Except as otherwise provided herein, if you do not agree to be bound by this Agreement, you may not access or use the Services.

studybuddy reserves the right to modify this Agreement or its policies relating to the Services at any time, effective upon posting of an updated version of this Agreement. You should regularly review this Agreement, as your continued use of the Services after any such changes constitutes your agreement to such changes.

Registration

(1.1) Account Registration: When registering an account for the Services ("Account"), you agree to provide only true, accurate, current, and complete information requested by the registration form ("Registration Data") and to promptly update the Registration Data thereafter as necessary to keep it current. You consent to StudyBuddy's use of such Registration Data in accordance with our Privacy Policy available at [insert link to your privacy policy]. You represent that you are not barred from using the Services under any applicable law and that you will be responsible for all activities that occur under your Account. You agree to monitor your Account to restrict its use by minors and other unauthorized users and agree not to share your Account or password with anyone. You further agree to notify StudyBuddy immediately of any unauthorized use of your password or any other breach of the security of your Account and to exit from your Account at the end of each session. You agree not to create an Account using a false identity or alias or if you previously have been banned from using any of the Services. You further agree that you will not maintain more than one Account at any given time. StudyBuddy reserves the right to remove or reclaim any usernames at any time and for any reason. You acknowledge and agree that you have no ownership or other property interest in your Account and that all rights in and to your Account are owned by and inure to the benefit of StudyBuddy. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACTIVITIES CONDUCTED THROUGH YOUR ACCOUNT, WHETHER OR NOT AUTHORIZED BY YOU.

Use of services

(2.1) License to Use: Subject to your compliance with this Agreement, StudyBuddy grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your personal and non-commercial use. This license is revocable at any time without notice and with or without cause.

(2.2) Prohibited Conduct: When using the Services, you agree not to:

(a) Violate any applicable law, regulation, or third-party right;

(b) Engage in any activity that may interfere with or disrupt the Services or servers and networks connected to the Services;

(c) Circumvent, disable, or otherwise interfere with any security-related features of the Services or attempt to gain unauthorized access to the Services, other user accounts, or computer systems or networks connected to the Services;

(d) Modify, adapt, translate, or reverse engineer any portion of the Services or use any robot, spider, site search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Services;

(e) Use the Services for any unauthorized or illegal purpose;

(f) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

(g) Collect or store personal data about other users without their express permission;

(h) Transmit any viruses, worms, defects, Trojan horses, or any items of a destructive nature through your use of the Services;

(i) Use any manual or automated software, devices, or other processes to "crawl," "scrape," or "spider" any page of the Site or App;

(j) Interfere with or disrupt the Services or servers or networks connected to the Services;

(k) Use the Services to transmit, distribute, post, or submit any unauthorized content, including, but not limited to, content that is defamatory, libelous, obscene, pornographic, abusive, harassing, or threatening, or content that infringes upon the intellectual property rights of others; or

(l) Violate any other terms or policies of StudyBuddy as may be published from time to time.

(2.3) Content Ownership: StudyBuddy does not claim ownership of any content that you submit, post, or display on or through the Services. By submitting, posting, or displaying content on or through the Services, you grant StudyBuddy a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such content in any and all media or distribution methods (now known or later developed). You represent and warrant that you have all the rights, power, and authority necessary to grant the above license.

Intellectual property

(3.1) StudyBuddy Ownership: The Services, including without limitation, the Site, App, and all content and materials therein, are owned by StudyBuddy and its licensors and are protected by intellectual property laws. StudyBuddy retains all right, title, and interest in and to the Services and any associated copyrights, trademarks, or other intellectual property rights.

(3.2) User Content: You retain ownership of any intellectual property rights that you hold in the content you submit, post, or display on or through the Services.

(3.3) Copyright Policy: StudyBuddy respects the intellectual property rights of others and expects its users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify StudyBuddy's Copyright Agent at [email protected] and provide the following information:

(a) A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

(b) Identification of the copyrighted work claimed to have been infringed;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material

(d) Your contact information, including your address, telephone number, and an email address;

(e) A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Termination

(4.1) Termination by You: You may terminate your account and this Agreement at any time by contacting StudyBuddy support or following the account termination instructions in the Site or App.

(4.2) Termination by StudyBuddy: StudyBuddy may terminate this Agreement and your access to the Services at any time for any reason or no reason, including, without limitation, if StudyBuddy believes that you have violated this Agreement or acted inconsistently with the letter or spirit of this Agreement.

(4.3) Effect of Termination: Upon termination of this Agreement, your license to use the Services will immediately terminate, and you must cease all use of the Services. Sections 2.3, 3, 4.3, 5, 6, and 7 will survive any termination or expiration of this Agreement.

Indemnification

You agree to indemnify, defend, and hold harmless StudyBuddy, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

(a) your access to or use of the Services;

(b) your violation of this Agreement; or

Governing Law and Dispute Resolution

(6.1) Governing Law: This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the jurisdiction where StudyBuddy is incorporated, without regard to its conflict of laws principles.

(6.2) Dispute Resolution: Any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this Agreement to arbitrate, will be determined by arbitration in the jurisdiction where StudyBuddy is incorporated. The arbitration will be administered by the relevant arbitration body in accordance with its rules and procedures.

Disclaimers

(7.1) No Warranty: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND. STUDYBUDDY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STUDYBUDDY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY INFORMATION OBTAINED THROUGH THE SERVICES WILL BE ACCURATE OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM STUDYBUDDY OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

(7.2) Assumption of Risk: YOU ASSUME ALL RISK WHEN USING THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ALL OF THE RISKS ASSOCIATED WITH ANY ONLINE OR OFFLINE INTERACTIONS WITH OTHER USERS OF THE SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS OF THE SERVICES.

(7.3) Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL STUDYBUDDY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF STUDYBUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL STUDYBUDDY'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID STUDYBUDDY, IF ANY, IN THE LAST 12 MONTHS.