Accepting the Terms of Service

 

Swarm Buddy is a mobile phone application and service owned and operated by Jekyll Brain Inc. (“Jekyll Brain”, “we”, “us”, or “our”), a California corporation.

 

These Terms of Service and our Community Guidelines (collectively, “Terms” or “Agreement”) govern your access to and use of the Swarm Buddy website, www.swarmbuddy.com (“Site”), Swarm Buddy mobile app (“Swarm Buddy App”), and other online products and services (collectively, the or these “Services”) provided by Jekyll Brain Inc. Your access to and use of the Services and Site is conditioned on your acceptance of and compliance with these Terms.

 

If you do not agree with these Terms, then do not use the Services.

 

Users of our Services ("Users") include registered users ("Registered Users") and unregistered users ("Guests"). This Agreement applies to both.

 

Registered users can delete their account anytime through the Swarm Buddy App.

 

Additionally, we may, in our sole discretion, modify or revise these Terms at any time. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

1. Eligibility of Service

 

To be eligible to access or use the Services, you must be at least 13 years of age. Jekyll Brain reserves the right to refuse service to anyone at any time without notice and for any reason.

 

2. Proper Use

 

• You agree that you are responsible for your own use of the Services, for any content you post or actions you make, and for any consequences thereof.

• You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules and regulations, including any laws regarding the transmission of technical data exported from your country of residence and all United States export control laws. You will also use the Services in good taste.

• You agree to abide by Swarm Buddy’s Community Guidelines ("Community Guidelines") (www.swarmbuddy.com/community-guidelines).

 

Please note that any improper use or violation of Swarm Buddy’s Community Guidelines may result in immediate suspension or termination of your account without notice.

 

Additionally, Jekyll Brain retains the right to create limits on the use of the Swarm Buddy App in its sole discretion at any time with or without notice.

 

3. Privacy

 

As a condition for using the Services, you accept and agree to be bound by Swarm Buddy’s Privacy Notice (www.swarmbuddy.com/privacy). Use of the Services conclusively implies that you have read, understand and agree to our privacy notice.

 

Personal information collected by the Services may be stored and processed in the United States or any other country in which Jekyll Brain Inc. or its agents maintain facilities. By using these Services, you consent to any such transfer or use of such information inside or outside your country subject to any legal transfer restrictions or requirements of your country.

 

Jekyll Brain does not disclose personally identifiable information to third parties except in accordance with our Privacy Notice.

 

4. Use of Apple Inc.’s iCloud Service

 

Jekyll Brain uses Apple Inc.’s iCloud service to store and share your data with other Users within the Swarm Buddy App.

 

Registration, login and guest usage of the Swarm Buddy App requires you to be signed into an Apple ID account with your Apple iCloud service enabled.

 

You agree to grant Jekyll Brain access and permission to interact and use your Apple iCloud account for the exclusive purpose of storing and sharing your data for use on the Swarm Buddy App.

 

5. Account Security

 

The Swarm Buddy App uses a username and password for login. You are responsible for keeping your username and password safe.

 

Contact us if you forget your password or if you suspect your account has been hacked.

 

You agree to be responsible for anything that happens through your Swarm Buddy App account until you delete your account and to hold Jekyll Brain harmless therefrom.

 

6. Content on the Service

 

Any information, text, messages, photos or other materials publicly posted or privately transmitted through the Swarm Buddy App (collectively referred to as "Content") is the sole responsibility of the person who originated such Content. Jekyll Brain may not be able to monitor or control the Content posted via the Swarm Buddy App and cannot and does not take responsibility for such Content. Any use or reliance on any Content or materials posted via the Swarm Buddy App or obtained by you through the Services is at your own risk.

 

Jekyll Brain does not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Swarm Buddy App. You understand by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, posting(s) that have been mislabeled or are otherwise deceptive. Under no circumstance will Jekyll Brain be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content transmitted or otherwise made available via the Services or broadcast elsewhere.

 

We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate Registered Users or reclaim usernames used in the Services.

 

7. Your Rights

 

Jekyll Brain claims no ownership or control over any Content submitted, posted or displayed by you or any other person on or through the Services.

 

You retain your rights to any Content you submit, post or display on or through the Services. By submitting, posting or displaying Content on or through the Service, you grant Jekyll Brain a worldwide, non-exclusive, royalty-free license to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content through the Services.

 

On the condition that you comply with these Terms, Jekyll Brain grants you a limited, revocable, non-exclusive, and non-transferable license to use the Services.

 

8. Jekyll Brain Rights

 

All right, title, and interest in and to the Services (excluding Content provided by Users) are and will remain the exclusive property of Jekyll Brain and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Nothing in the Terms gives you a right to use the Jekyll Brain name, Swarm Buddy name or any of the Jekyll Brain trademarks, logos, domain names, and other distinctive brand features.

 

9. Data Charges and Mobile Phones

 

You are responsible for any mobile charges that you may incur for using the Services, including text-messaging and data charges. If you’re unsure what those charges may be, you should ask your service provider before using the Services.

 

If you change or deactivate the mobile phone number that you used to create a Swarm Buddy App account, you must update your account information through the Swarm Buddy App settings within 72 hours to prevent us from sending to someone else messages intended for you.

 

10. Termination and Suspension

 

You or Jekyll Brain may terminate this Agreement at any time with or without notice to the other.

 

You may terminate this Agreement by deleting your Swarm Buddy App accounts and discontinuing your use of the Services.

 

Jekyll Brain may deactivate or delete your accounts or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe you have violated these Terms.

 

On termination, you lose the right to access or use the Services. Furthermore if you are a Registered User, your account will be deleted and you may not be granted access to your account or any files or content contained in your account. Upon termination, you also agree to waive your rights to any services or refunds owed by Jekyll Brain to you for any remaining credits or service balances on your Swarm Buddy App account.

 

If you delete or we delete your account, these Terms shall terminate as an agreement between you and us, but the section below called "Content Removal upon Deactivation and Deletion" will still survive termination even after your account is deactivated or deleted.

 

11. Content Removal upon Deactivation and Deletion

 

Upon deactivation, any content you have previously posted or shared on the Swarm Buddy App will still be stored and may be available for access by other Users on the Swarm Buddy App and by Jekyll Brain. Deactivation does not terminate this Agreement.

 

You must delete your account to remove all your content. Deleting your account terminates this Agreement.

 

It may take up to 90 days to delete all your content upon termination.

 

Content will not be deleted within 90 days of the account deletion request in the following situations:

• where your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted); or

• where your content was posted as a Guest that does not have an associated registered account and thus your posted content cannot be linked back to you as the content owner; or

• where deletion within 90 days is not possible due to technical limitations of our system, in which case, we will complete the deletion as soon as technically feasible; or

• where deletion would restrict our ability to:

  • investigate or identify illegal activity or violations of our terms and policies;

  • protect the safety and security of our products, systems, and users;

  • comply with a legal obligation, such as the preservation of evidence; or

  • comply with a request of a judicial or administrative authority, law enforcement, or a government agency;

• in which case, the content will be retained for longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis).

 

12. Disclaimers and Indemnity

 

Your access to and use of the Services is at your own risk. You understand and agree that these Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. You agree that neither Jekyll Brain nor the Site will be liable in any event to you or any other party for any suspension, modification, discontinuance or lack of availability of the Site, the Services, your Content or other Users’ Content.

 

We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Jekyll Brain will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any Content. You also agree that Jekyll Brain has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Jekyll Brain or through the Services, will create any warranty not expressly made herein.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JEKYLL BRAIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNATIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, 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) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT JEKYLL BRAIN HAS BEEN INFORMED OF THE POSSBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SUCH LIMITATIONS AS SET FORTH IN THIS PARAGRAPH SHALL EXIST WHETHER THE EVENT WAS FORESEEABLE OR NON-FORESEEABLE OR AS A RESULT OF NEGLIGENCE OF JEKYLL BRAIN OR ITS AGENTS.

 

You agree to hold harmless and indemnify Jekyll Brain and its officers, agents, and employees from and against any third-party claim arising from or in any way related to your use of the Services at present or in the future and whether foreseeable or not, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.

 

13. Waiver and Severability of Terms

 

The failure of Jekyll Brain to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision now or in the future.  In the event that any provision of these Terms is held to be invalid or unenforceable, only that portion so determined shall be affected and in the most narrow sense and the remaining provisions of these Terms will remain in full force and effect.

 

14. Choice of Law and Jurisdiction

 

These Terms will be governed by and construed in accordance with the laws of the State of California, United States of America, without giving effect to any conflict of laws provisions of your actual state or country of residence. Any claims, legal proceeding or litigation arising in connection with the Services will be brought solely in San Mateo County, California, and by use of the Services you consent to the jurisdiction of such courts.

 

15. Entire Agreement

 

These Terms, our Community Guidelines, and our Privacy Notice taken together constitute and are the entire and exclusive agreement between Jekyll Brain and you regarding the Services, and these Terms supersede and replace any prior agreements between Jekyll Brain and you regarding the Services.

 

We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Services may indicate).