Terms of Service

Last updated: December 6, 2016

The Terms of Service (“Terms”) govern your access and use of the mobile application(s) (the “Application(s)”) and services provided by Friendly App Studio (collectively, the “Services”). By accessing and using the Application(s) and Services offered by Friendly App Studio you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms or to our Privacy Policy, please do not access or use the Application(s) or the Services.

License

Friendly App Studio grants you a limited license to access the Application(s) and use the Services in accordance with these Terms and the instructions and guidelines posted on the Application(s). Friendly App Studio reserves the rights to terminate your license to use the Application(s) and Services at any time and for any reason or in the future charge for commercial usage.

Content and the Services

All content posted using the Services (the “Content”), is the sole responsibility of the person who originated such Content. We do not control the Content posted via the Services and, we cannot take responsibility for such Content. Any use or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will Friendly App Studio be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, any Content that infringes on the intellectual property rights of another person or entity, or any loss or damage of any kind incurred as a result of the use of any Content that posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

If you believe that any Content posted using the Services infringes on your rights under applicable copyright laws, you will need to contact the operator of the application on which it was posted to seek removal. Friendly App Studio cannot remove or take-down Content posted to other applications using the Services.

Disclaimers and Limitations of Liability

The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, FRIENDLY APP STUDIO DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Friendly App Studio makes no warranty or representation and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) 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; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether 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 Friendly App Studio or through the Services, will create any warranty or representation not expressly made herein.

Links

The Services may contain links to third-party websites or resources. You acknowledge and agree that Friendly App Studio is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Friendly App Studio of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRIENDLY APP STUDIO SHALL NOT 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 (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) 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; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) ANY CONTENT THAT INFRINGES ON THE RIGHTS OF ANY THIRD PARTY; OR (v) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FRIENDLY APP STUDIO EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FRIENDLY APP STUDIO, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM.

THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE FRIENDLY APP STUDIO HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Service Availability

We reserve the right to modify or discontinue the Services, temporarily or permanently, for any reason and at our sole discretion, with or without notice to you. We do not guarantee availability of the Services, shall not have any liability to you for any unavailability of the Services, and are under no obligation to provide you with maintenance, technical support or updates for the Services.

Modifications to these Terms

We may change the terms and conditions of the Terms from time to time with or without notice to you. You agree to review the Terms periodically to ensure that you are aware of any modifications. Your continued access or use of the Services after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. We may post notices or links to notices through the Services to inform you of changes to these Terms, the Services, or other matters of importance.

Termination or Suspension of Your Access

We may terminate or suspend your access to, or use of, the Services at any time, temporarily or permanently, at our sole discretion, with or without notice to you. Without limiting the generality of the foregoing, your right to access and use the Services will terminate immediately without notice to you in the event that you breach these Terms. We reserve the right in our sole discretion to take any other action that we deems necessary relating to use or misuse of the Services.

If your access to, or use of, the Services is terminated or suspended, you agree to immediately cease all use of the Services. In the event of any such termination or suspension, the liability limitations and protections afforded to Friendly App Studio, as set forth in these Terms shall survive and continue in effect, including, without limitation, the following Sections: “Disclaimers and Limitations of Liability,” “Indemnification,” “Governing Law and Jurisdiction,” “Notices” and “General.”

Acceptable Use

You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.

Feedback

Any feedback provided by you regarding the Services (“Feedback”) is the proprietary and confidential information of Friendly App Studio, and you hereby assign all right, title and interest in and to such Feedback, including all intellectual property rights therein, to Friendly App Studio. You agree not to disclose or provide such Feedback to any third party.

Indemnification

You agree to indemnify, defend and hold Friendly App Studio, its affiliated companies and their respective partners, officers, directors, employees, agents, licensors and suppliers harmless from and against all claims, liabilities, losses, damages, costs and expenses, including but not limited to reasonable attorneys' fees and costs, arising out of or relating to use of the Services by you.

Governing Law; Jurisdiction; Limitation on Actions

These Terms shall be governed by and interpreted in accordance with the laws of the State of Texas exclusively, excluding its conflicts of laws principles. Both the Uniform Computer Information Transactions Act and the United Nations Convention on Contracts for the International Sale of Goods (1980) are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts for Austin, Texas, for all claims arising out of or relating to these Terms or your use of the Services. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms or your use of the Services or must be filed within one (1) year after such claim or cause of action arose or be forever barred.

General

The failure of Friendly App Studio to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. Waiver by either party of any default by the other party shall not be deemed a continuing waiver of such default or a waiver of any other default. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. The provisions of these Terms apply for the benefit of Friendly App Studio and its affiliates, and their respective partners, officers, directors, employees, and agents. Each of these entities or individuals shall have the right to assert and enforce those provisions directly against you on its own behalf. The headings contained in these Terms are for reference only and shall not affect the meaning of any of the provisions of these Terms.

Questions or Concerns

If you have any questions or concerns regarding privacy at Friendly App Studio, please send us a detailed message to hello@friendly.io