Terms and Conditions of Service - GoodBarber.com
Welcome to GoodBarber! Thank you for choosing to use our services.
Please read this Agreement carefully. It includes important information about your rights and covers areas warranty disclaimers, limitations of liability, resolution of disputes and a waiver of class action.
1. LEGAL AGREEMENT -
2. DEFINITIONS -
The following terms shall have the following meaning:
“Application”: mobile or desktop application created by the User through GoodBarber and made available to the public for download from a third-party platform or accessible from a web browser
“Author”: any person drafting or publishing on the Internet, more specifically on the Application.
“Blog”: Internet Web site enabling the publishing of content and the drafting of commentaries by the readers with an Internet diffusion.
“Access codes”: username and password used by the User together or separately to identify oneself and access the Services. The access codes are part of the User Account.
“End User”: Any person or entity who actually uses our Service(s).
“Order”: online subscription of our Service(s).
“User Content”: any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
“Guest”: any person being invited by a User of the Service to provide or drop comments or publish as an Author, under the Client’s responsibility.
“User”: any person or entity having an account allowing access to our Services.
3. PURPOSE AND SCOPE -
GoodBarber provides an online service composed of tools enabling the User to create its own Application(s) whether from an existing blog, website or from scratch and publish it through any relevant online store or making it accessible from a web browser. The Application allows for content publishing. The use of the Service is submitted to the present Terms which equally apply to any Users, End Users, Authors and/or Guests.
GoodBarber may modify or update these general terms and conditions. The Client, the User must regularly check the page "Terms of Services" where the latest applicable version is published.
GoodBarber does not warrant the lifespan or the optimization of the Service for a said Internet browser nor for an operating system. GoodBarber doesn’t warrant the compatibility between an Application when such operating system and/or browser is upgraded.
The use of the Service requires the Client/User/End User to subscribe to an internet connection with proper hardware whose costs are independent from the GoodBarber Service. Besides, in order to build an Application with GoodBarber, the Client may have to open at his own expense an account in an online Application store and subscribe to the developer account.
As part of the use of the Service, GoodBarber may send the User a certain amount of information (newsletters, administrative mail, etc.). This information is part of the subscription to the Service, a User cannot refuse it.
4. SUBSCRIPTION TO OUR SERVICE – REGISTRATION AND ACCOUNT -
In order to access and use certain sections and features of our Services, you must first register and create an account with us (hereinafter a "GoodBarber Account", “Account ID”, "User Account" or simply "Account").
If anyone other than yourself, a Guest, accesses your User Account and/or related settings, you understand that they may perform any actions available to you, make changes to your Application and User Account, and all such activities will be deemed to have occurred on your behalf and in your name. Consequently, we strongly encourage you to keep your Access Codes confidential, and allow such access only to trusted people.
You must provide complete, accurate and updated information for your Account when registering your User Account and using our Services. We may need to use this information to contact you. We strongly encourage you to provide your own (or your company’s) contact and billing details, including your valid e-mail address, as we may use it to identify and determine the actual and true owner of the User Account and/or Content submitted to us. Each Guest shall likewise fill in such identification form to be able to act on the Application.
You must immediately notify us of any actual or suspected loss, theft or unauthorized use of your Account or Access Codes. You're solely responsible for any activity on your Account. GoodBarber shall not be liable for any acts or omissions by you in connection with your Account. You agree you will not sell, transfer, license or assign your account, username, or any account rights to anyone. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, you agree not to create an account for anyone other than yourself.
We reserve the right to determine ownership to a User Account based on our reasonable judgment, whether or not an independent investigation has been conducted by us. However, if we cannot make such determination (as we may deem in our sole discretion), we reserve the right to terminate the Service to you, without liability to you or to any other party.
5. USER CONTENT AND RELATED USER’S OBLIGATIONS -
You represent and warrant to us that:
You own all rights in and to any content uploaded by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, in and to the User Content, as necessary to legally use, publish, transfer or license any and all rights and interests in and to such User Content.
The User Content is true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to possess, post, transmit or display in the country in which you or your Application visitors and users (“End Users”) reside.
You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
You may not post or upload via our Service any defamatory, libelous, obscene, harassing, threatening, incendiary, abusive, racist, offensive, deceptive or fraudulent, or which otherwise violates the rights of any third party Service.
You may not use the Service for any illegal or unauthorized purpose.
You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content, including but not limited to, copyright and trademark laws.
You must not interfere or disrupt the Service or servers or networks connected to the Service, including by transmitting worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
You must not create accounts with the Service through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
You must not attempt to restrict another user from using or enjoying the Service and you must not encourage or facilitate violations of these Terms.
You further agree:
To receive from time to time promotional messages and materials from us or our partners, by mail, e-mail or any other contact form you may provide us with. If you wish not to receive such promotional materials or notices – please just notify us at any time;
To allow us to use in perpetuity, worldwide and free of charge, any version of your Application (or any part thereof) for any of our marketing and promotional activities, online and/or offline, and modify it as reasonably required for such purposes, and you waive any claims against us or anyone on our behalf relating to any past, present or future moral rights, artists’ rights, or any other similar rights worldwide that you may have in or to your Application with respect to such limited permitted uses;
Not to copy, modify, create derivative works of, download, adapt, reverse engineer, emulate, migrate to another service, translate, compile, decompile or disassemble our Service, or any part thereof;
Not to purchase search engine or other pay per click keywords or domain names that use GoodBarber or GoodBarber Trademarks and/or variations and misspellings thereof;
Not to probe, scan, or test the vulnerability of our Services or any network connected to our Services;
Not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the GoodBarber Services or systems or networks connected to the GoodBarber Services, or otherwise interfere with or disrupt the operation of any of the GoodBarber Services, or the servers or networks that host them or make them available, or disobey any requirements, procedures, policies, or regulations of such servers or networks;
Not to exceed Fair Use: all applications created with one subscription may not exceed more than a combined total of 150,000 requests per day to the GoodBarber APIs;
Not to remove or alter any copyright notices, restrictions and signs indicating proprietary rights of any of our licensors;
Not to use, copy -in whole or in part- any copyrighted materials and/or content provided by GoodBarber;
Not to reverse engineer or propose a service similar to GoodBarber, based on the GoodBarber technology such as offering a Do-It-yourself app building platform and/or service.
You acknowledge and agree that your failure to abide by any of the foregoing or any misrepresentation made by you herein may result in the immediate termination of your User Account and/or any Services provided to you by GoodBarber– with or without further notice to you, and without any refund of amounts paid on account of any such Services.
GoodBarber cannot be held responsible for the deletion, the correction, the destruction, the damage, the loss or the inappropriate hosting of any Content. GoodBarber may withhold, remove and/or get rid of Content, without notice.
6. INTELLECTUAL PROPERTY -
USER’s intellectual property: User shall own all intellectual property pertaining to its Content, including but not limited to any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials created by you. You hereby grant GoodBarber a royalty-free, perpetual, irrevocable, non-exclusive, transferable right and license to use your User Content (in whole or in part) worldwide in order to provide you with the Services, and as further specified in these Terms.
GOODBARBER’s Intellectual Property: All rights, title and interest in and to the Services, including any and all copyrightable materials or any other content thereof which is or may be subject to any intellectual property rights under any applicable law (including any artwork, graphics, images, website templates and widgets, literary work including Users feedback reviews and comments, source and object code, computer code, applications, audio, music, video and other media, designs, animations, interfaces, the trade dress of our Services, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, inventions, trade secrets, logos, domains, customized URLs, trademarks, service marks, trade names and other proprietary identifiers, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), and any derivations thereof, are owned by and/or licensed to GoodBarber. Subject to your full compliance with these Terms and timely payment of all applicable Fees for our Services, we hereby grant you, upon creating your User Account and for as long as we wish to provide you with the Services, a non-exclusive, non-transferable, fully revocable, limited license to use our Services and related Intellectual Property, for the purpose of generating and displaying your User Application to end users, solely as expressly permitted under these Terms, and solely within the scope of our Services.
For the avoidance of doubts, these Terms do not convey any right or interest in or to GoodBarber’s Intellectual Property (or any part thereof), except only for the limited license expressly granted above. Nothing in these Terms constitutes an assignment or waiver of our Intellectual Property rights under any law or jurisdiction.
8. FORCE MAJEURE -
Either Party shall be excused from performance and shall not be in default in respect of any obligation hereunder to the extent that the failure to perform such obligation is due to an Event of Force Majeure.
For the purpose of this Agreement, an “Event of Force Majeure” means any circumstance not within the reasonable control of the Party affected, but only if and to the extent that (i) such circumstance, despite the exercise of reasonable diligence and the observance of good utility practice, cannot be, or be caused to be, prevented, avoided or removed by such Party, and (ii) such circumstance materially and adversely affects the ability of the Party to perform its obligations under this Agreement, and such Party has taken all reasonable precautions, due care and reasonable alternative measures in order to avoid the effect of such event on the Party’s ability to perform its obligations under this Agreement and to mitigate the consequences thereof. In particular and without any limitation, GoodBarber cannot be held liable if the performance of our obligation is obstructed, limited or impeded due to fire, explosion, network communication breakdown, collapse of hosting facilities, epidemic, earthquake, flood, electricity shortage, war, embargo, statute, order, demand from any government, strike, boycott, loss of telephone operator’s or hosting provider’s licence or any other circumstance without reasonable GoodBarber’s control
9. FEES AND PAYMENT TERMS -
10. TERM OF THE SUBSCRIPTION -
Our Service is made available to you on an annual or month-to-month basis with automatic renewal, at your option at the time of subscription. GoodBarber may or may not warn User by E-mail before the end of said subscription of our Service.
11. TERMINATION, LIMITATION AND SERVICE SUSPENSION -
You may discontinue to use and request to cancel your User Account and/or any GoodBarber Services at any time, in accordance with the instructions available on our Services. The effective date and time for such cancellation shall be the date and time on which you have completed the cancellation process, and the effective date for cancellation of Paid Services shall be at the end of such Paid Services’ subscription period, end of the month for month to month contracts or end of the year term for annual contracts. With respect to automatically-renewed subscriptions to Paid Services, such subscription will be discontinued only upon the expiration of the respective period for which you have already made payment. Please note that as the cancellation process may take a few days, in order to avoid the next automatic renewal and respective charge the cancellation request should be made at least fourteen (14) days prior to the expiration of the then-current service period.
Failure to comply with any of our Terms and/or to pay any due Fee shall entitle GoodBarber to immediately suspend (until full payment is made) or immediately cancel your User Account and User Application (or certain features thereof), as well as the provision of any related Services (e.g., Paid Services) to you.
12. DISCLAIMER OF WARRANTIES -
GOODBARBER PROVIDES THE SERVICES ON AN “AS IS” BASIS WITH ALL FAULTS AND “AS AVAILABLE” BASIS. YOU THEREFORE AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, GOODBARBER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICE AND YOUR USE THEREOF, INCLUDING ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, NON-INFRINGEMENT OR OTHER WARRANTY – ALL TO THE FULLEST EXTENT PERMITTED BY LAW. GOODBARBER MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THIS SERVICE OR THE CONTENT OF ANY SITES OR SERVICES LINKED TO THIS SERVICE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA OUR SERVICE. GOODBARBER DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY YOU OR A THIRD PARTY THROUGH OUR SERVICE OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND GOODBARBER WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
13. LIMITATION OF LIABILITY -
14. LIMITATION ON DAMAGES -
To the maximum extent permitted by law, User agrees to limit GoodBarber’s liability for the User’s damages to the sum of $1,000.00 or the amount that the User has paid to GoodBarber during the last 12-month period, whichever is lower. This limitation shall apply regardless of the cause of action or legal theory pled or asserted.
15. INDEMNIFICATION -
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless GoodBarber, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any copyright, intellectual property, or privacy right; or (iv) any claim that your Content caused damage to a third party. This defense and indemnification obligation will survive these Terms and your use of the Service.
16. TIME LIMITATION ON CLAIMS -
YOU AGREE THAT ANY CLAIM YOU MAY HAVE ARISING OUT OF OR RELATED TO YOUR RELATIONSHIP WITH GOODBARBER MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, YOUR CLAIM IS PERMANENTLY BARRED.
17. MISCELLANEOUS -
Governing Law & Venue. You agree that the Service shall be deemed solely based in France. This Agreement shall be governed by the internal substantive laws of France, without respect to its conflict of laws principles. Any claim or dispute between you and GoodBarber that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in the city of Ajaccio, France. THIS AGREEMENT SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. This provision will survive the termination of any or all of your transactions with GoodBarber.
Informal Amicable Resolution. Before filing a claim against us, you agree to try solve the dispute amicably by first emailing firstname.lastname@example.org with a description of your claim. GoodBarber will try to resolve the dispute informally via email, phone or other methods. If we cannot resolve the dispute within sixty (60) days of our receipt of your first email, you or GoodBarber may then bring a formal proceeding.
NO CLASS ACTIONS. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated or representative action. Class actions, class arbitrations, private attorney general actions and consolidation with other arbitrations aren't allowed.
Notices. We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within the our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our’s notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice. All Legal notices to GoodBarber shall be sent to: SARL DuoApps, 12 rue Général Fiorella, 20000 Ajaccio, FRANCE.. (for updated contact go to: www.goodbarber.com ); For any other notice you may send us an email at email@example.com
Assignment. You will not assign the Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of GoodBarber. Any purported assignment or delegation by you without the appropriate prior written consent of GoodBarber will be null and void. GoodBarber may assign these Terms or any rights hereunder without your consent.
Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms remain in full force and effect.
Amendment. GoodBarber reserves the right to amend these Terms at any time and without notice, and it is your responsibility to review these Terms for any changes. Your use of the Service following any amendment of these Terms will signify your assent to and acceptance of its revised terms.
No waiver. GoodBarber’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
No Third-Party Beneficiary Rights. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. These Terms do not confer any third-party beneficiary rights.