Dec 15, 2021
Study Buddy, LLC End User License Agreement
Last updated: August 25, 2021
Please read this End-User License Agreement carefully before clicking the "I Agree" button,
downloading or using Study Buddy, LLC, its website or mobile application.
1. INTERPRETATION
The words of which the initial letter is capitalized have meanings defined under the following
conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
2. DEFINITIONS
For the purposes of this End-User License Agreement:
a. Agreement means this End-User License Agreement that forms the entire agreement between You and SB regarding the use of the Application.
b. Application means the software program provided by SB downloaded by You through an
Application Store's account to a Device, named Study Buddy.
c. Application Store means the digital distribution service operated and developed by Apple
Inc. (Apple App Store) or Google Inc. (Google Play Store) by which the Application has been
downloaded to your Device.
d. Company (referred to as either “SB” "the Company", "We", "Us" or "Our" in this
Agreement) refers to Study Buddy, LLC 6714 N. Seeley, Chicago, IL 60645.
e. Content refers to content such as text, images, or other information that can be posted,
uploaded, linked to or otherwise made available by You, regardless of the form of that content.
f. Country refers to: the State of Illinois, The United States of America.
g. Device means any device that can access the Website or Application such as a computer, a
cellphone or a digital tablet.
h. Family Sharing / Family Group permits You to share applications downloaded through the
Application Store with other family members by allowing them to view and download each others' eligible Applications to their associated Devices.
i. Third-Party Services means any services or content (including data, information,
applications and other products services) provided by a third-party that may be displayed,
included or made available by the Application.
j. You means the individual accessing or using the Application or SB, or other legal
entity on behalf of which such individual is accessing or using the Application, as applicable.
3. ACKNOWLEDGMENT
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be
bound by the terms and conditions of this Agreement. If You do not agree to the terms of this
Agreement, do not click on the "I Agree" button, do not download or do not use the Application.
This Agreement is a legal document between You and SB and it governs your use of the Application made available to You by SB.
This Agreement is between You and SB only and not with the Application Store. Therefore, SB is
solely responsible for the Application and its content. Although the Application Store is not a
party to this Agreement, it has the right to enforce it against You as a third-party beneficiary
relating to your use of the Application.
Since the Application can be accessed and used by other users via, for example, Family Sharing /
Family Group or volume purchasing, the use of the Application by those users is expressly subject to this Agreement.
The Application is licensed, not sold, to You by SB for use strictly in accordance with the terms
of this Agreement.
4. LICENSE
A. SCOPE OF LICENSE
SB grants You a revocable, non-exclusive, non-transferable, limited license to download, install
and use the Application strictly in accordance with the terms of this Agreement.
You may only use the Application on a Device that You own or control and as permitted by the
Application Store's terms and conditions.
The license that is granted to You by SB is solely for your personal, non-commercial purposes
strictly in accordance with the terms of this Agreement.
B. LICENSE RESTRICTIONS
You agree not to, and You will not permit others to:
1. License, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or
otherwise commercially exploit the Application or make the Application available to any third
party.
2. Copy or use the Application for any purpose other than as permitted under the above
section 'License'.
3. Modify, make derivative works of, disassemble, decrypt, reverse compile or reverse
engineer any part of the Application.
4. Remove, alter or obscure any proprietary notice (including any notice of copyright or
trademark) of SB or its affiliates, partners, suppliers or the licensors of the Application.
5. INTELLECTUAL PROPERTY
The Application, including without limitation all copyrights, patents, trademarks, trade secrets
and other intellectual property rights are, and shall remain, the sole and exclusive property of
SB. SB shall not be obligated to indemnify or defend You with respect to any third party claim arising out of or relating to the Application. To the extent that SB is required to provide indemnification by applicable law, SB, not the Application Store, shall be solely responsible for the investigation, defense, settlement and discharge of any claim that the Application or your use of it infringes any third party intellectual property rights.
6. MODIFICATIONS TO THE APPLICATION
SB reserves the right to modify, suspend or discontinue, temporarily or permanently, the
Application or any service to which it connects, with or without notice and without liability to
You.
7. UPDATES TO THE APPLICATION
SB may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications.
Updates may modify or delete certain features and/or functionalities of the Application. You agree that SB has no obligation to:
a. provide any Updates; or
b. continue to provide or enable any particular features and/or functionalities of the
Application to You.
You further agree that all updates or any other modifications will be
a. deemed to constitute an integral part of the Application; and
b. subject to the terms and conditions of this Agreement.
8. MAINTENANCE AND SUPPORT
SB does not provide any maintenance or support for the download and use of the Application. To the extent that any maintenance or support is required by applicable law, SB, not the Application Store, shall be obligated to furnish any such maintenance or support.
A. Third-Party Services The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.
You acknowledge and agree that SB shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. SB does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.
You must comply with applicable Third parties’ Terms of agreement when using the Application.
Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.
B. Privacy Policy
SB collects, stores, maintains, and shares information about You in accordance with SB's Privacy
Policy: http://www.studybuddyfly.com/
By accepting this Agreement, You acknowledge that You hereby agree and consent to the terms and conditions of SB's Privacy Policy.
C. Term and Termination
This Agreement shall remain in effect until terminated by You or SB. SB may, in its sole
discretion, at any time and for any or no reason, suspend or terminate this Agreement with or
without prior notice.
This Agreement will terminate immediately, without prior notice from SB, in the event that you
fail to comply with any provision of this Agreement. You may also terminate this Agreement by
deleting the Application and all copies thereof from your Device or from your computer.
Upon termination of this Agreement, You shall cease all use of the Application and delete all
copies of the Application from your Device.
Termination of this Agreement will not limit any of SB's rights or remedies at law or in equity in
case of breach by You (during the term of this Agreement) of any of your obligations under the
present Agreement.
9. INDEMNIFICATION
You agree to indemnify and hold SB and its parents, subsidiaries, affiliates, officers, employees,
agents, partners and licensors (if any) harmless from any claim or demand, including reasonable
attorneys' fees, due to or arising out of your:
a. use of the Application or website;
b. violation of this Agreement or any law or regulation; or
c. violation of any right of a third party.
10. NO WARRANTIES
The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects
without warranty of any kind. To the maximum extent permitted under applicable law, SB, on its own behalf and on behalf of its affiliates and its and their respective licensors and service
providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise,
with respect to the Application, including all implied warranties of merchantability, fitness for a
particular purpose, title and non-infringement, and warranties that may arise out of course of
dealing, course of performance, usage or trade practice. Without limitation to the foregoing, SB
provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without intemiption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither SB nor any of SB's provider makes any representation or
warranty of any kind, express or implied:
a. as to the operation or availability of the Application, or the information, content, and
materials or products included thereon;
b. that the Application will be uninterrupted or error-free;
c. as to the accuracy, reliability, or currency of any information or content provided through
the Application; or
d. that the Application, its servers, the content, or e-mails sent from or on behalf of SB 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. But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law. To the extent any
warranty exists under law that cannot be disclaimed, SB, not the Application Store, shall be solely
responsible for such warranty.
11. LIMITATION OF LIABILITY
Notwithstanding any damages that You might incur, the entire liability of SB and any of its
suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or One Hundred and 00/100 ($100.00) Dollars if You haven't purchased anything through the Application.
To the maximum extent permitted by applicable law, in no event shall SB or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business
intemiption, for personal injury, loss of privacy arising out of or in any way related to the use
of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if SB or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential
damages, so the above limitation or exclusion may not apply to You.
You expressly understand and agree that the Application Store, its subsidiaries and affiliates, and its licensors shall not be liable to You under any theory of liability for any direct, indirect, incidental, special consequential or exemplary damages that may be incurred by You, including any loss of data, whether or not the Application Store or its representatives have been advised of or should have been aware of the possibility of any such losses arising.
12. SEVERABILITY
If any provision of this Agreement 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.
13. WAIVER
Except as provided herein, the failure to exercise a right or to require performance of an
obligation under this Agreement 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.
14. PRODUCT CLAIMS
SB does not make any warranties concerning the Application. To the extent You have any claim
arising from or relating to your use of the Application, SB, not the Application Store, is responsible for addressing any such claims, which may include, but not limited to:
a. any product liability claims;
b. any claim that the Application fails to conform to any applicable legal or regulatory
requirement; and
c. any claim arising under consumer protection, or similar legislation.
15. UNITED STATES LEGAL COMPLIANCE
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.
16. CHANGES TO THIS AGREEMENT
SB reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If
a revision is material SB will provide at least 30 days' notice prior to any new terms taking
effect. What constitutes a material change will be determined at the sole discretion of SB.
By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.
17. GOVERNING LAW
The laws of the Country, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state,
national, or international laws.
18. ENTIRE AGREEMENT
The Agreement constitutes the entire agreement between You and SB regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between You and SB.
You may be subject to additional terms and conditions that apply when You use or purchase other Company's services, which SB will provide to You at the time of such use or purchase.
19. CONTACT US
If you have any questions about this Agreement, You can contact Us:
By email: [email protected]
By visiting this page on our website: http://www.studybuddyfly.com/
