Terms of Use

Welcome to BFree Social! These Terms of Service (the “Terms”) constitute a legal agreement between you and BFree Wireless, Inc. of 45 Rockefeller Plz., 20th Fl. New York, USA (hereinafter “BFree Social”, “we”, “us” or “our”) governing the use of our Services. We license use of BFree Social to you on the basis of these Terms. We do not sell BFree Social to you and we remain the owner of BFree Social at all times.

1. General Terms

• The provisions set out in these Terms govern your use of BFree Social and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use BFree Social.

• We reserve the right to, without any notice, explanation, or liability and in our sole discretion, refuse to allow you or suspend your access to BFree Social or your Account at any time, or remove or edit content (including content submitted by you) on BFree Social or on any of our affiliated websites (including social media pages).

• We reserve the right to change, modify, suspend, or discontinue any portion of the Services, BFree Social or any other products, services, affiliated websites (including social media pages) and/or other software provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

• The following additional terms also apply to your use of BFree Social and form part of these Terms:

• Our Acceptable Use Policy

• Our Privacy Policy

• Our Cookie Policy

• Our Terms of Use

• Our End User License Agreement

2. Services

• BFree Social`s service is offered through the BFree Social website at bfreeapp.com and our iOS and Android mobile application (“BFree Social”).

• Subject to these Terms, during the Agreement Term, BFree Social hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your internal business purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.

3. Account

In order to use our Service, you must 1) be at least eighteen (18) years old and able to enter into contracts; 2) complete the registration process; 3) agree to these Terms; and 4) provide true, complete, and up to date legal and contact information. If you sign up for BFree Social on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

4. Agreement Term

The term of the Agreement (the “Agreement Term”) begins when you sign up for BFree Social or first use the Services and continues as long as you use the Services.

5. Account and Password

• The Services are provided to via a dedicated account on the website, pursuant to which Customer will create a unique user-id and password.

• You are responsible for keeping your user-id and password confidential. You are also responsible for any use of any account that you have access to, whether or not you authorized the use. You will immediately notify us of any unauthorized use of your accounts.

• You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.

• We don’t have access to your current password, and for security reasons, we may only reset your password.

6. Fees, Payments and Refunds

• We provide both free and paid plan Services. Free plan and paid services are provided on a per account basis.

• All charges for the paid services (“Charges”) are posted on the website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms. Charges paid by you are non-refundable.

• If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorize us or our related corporations to automatically charge the Fees:

• upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and

• on the renewal date of the subscription period thereafter, without any further action by you.

• Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.

• You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.

• All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

• We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

• Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our website, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

• Reselling of the Services to third parties is permitted only if you sign a specific agreement with BFree Social.

7. Warranties

• While we make all efforts to maintain the accuracy of the information on BFree Social, we provide the Services, Platform and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.

• To the full extent permissible by law, we disclaim all warranties, express or implied, relating to BFree Social or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, BFree Social, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

8. Limitation of Liability

• We are not liable for the completeness, accuracy or correctness of any information uploaded on BFree Social and any Related Content. You expressly agree that your use of the Services and BFree Social, is at your sole risk.

• We do not assist with dispute resolution between you and any user and are not obliged at any time to adjudicate on any such dispute. In the event of any dispute, you are responsible for contacting the relevant user. Without prejudice to the foregoing, we remain entitled at all times to investigate at our discretion any complaint regarding the use of BFree Social or any suspected unlawful activity and to take any action that we deem appropriate, including to file a report with the appropriate authorities.

• You agree not to use the Services, BFree Social and the Related Content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, BFree Social or any other website or software) for:

• loss of profits, sales, business, or revenue;

• business interruption;

• loss of anticipated savings;

• loss or corruption of data or information;

• loss of business opportunity, goodwill or reputation; or

• any other indirect or consequential loss or damage.

• Nothing in these Terms shall limit or exclude our liability for:

• death or personal injury resulting from our negligence;

• fraud; and/or

• any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

• BFree Social is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.

• These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and BFree Social. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and BFree Social which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

9. Indemnity

You agree to indemnify and hold us, our related corporations (, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of BFree Social, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy, Acceptable Use Policy or Cookie Policy) or any laws or regulations or otherwise.

10. Other Important Terms

• We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

• You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

• No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.

• These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms, or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.

• If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

• Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

• These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of New York. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such disputes or claims. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of New York City.