Terms of Service
Home Badger LLCLast modified: August 20, 2023 Effective date: August 20, 2023
1. PARTIES ACCESSING THE SITE AGREE TO BE BOUND BY OUR TERMSThese terms of service (the “Terms” or “Terms of Service”) govern your access of the HomeBadger, and any other products created by the Company from time to time, whether accessed: (a) on a computer connected to the internet at https://homebadger.co (the “Website”); (b) on Home Badger LLC social media properties; or (c) by mobile device (individually and collectively, (a), (b), and (c) are the “Product”), as owned and operated by Home Badger LLC, a company located at 60 Atlantic Avenue, Suite 200, Toronto, ON Canada, M6K 1X9 (referred to in these Terms as “we”, “us” or the “Company”). These Terms govern the use of all persons who have registered for the use of the Product (the “User”), and are binding on any use of the Product, and apply to You from the time that You access the Product. For clarification, “You” includes terms such as “your” and “yourself”.
3. AMENDMENTWe may add to, discontinue or revise these Terms or any aspect, mode, design, or service provided under the Product pursuant to the The Privacy Act and regulations under the Act which include but are not limited to the:
a) scope of the features;
b) timing of the features;
c) software/hardware required for access to the Product; and
d) geographic locations or jurisdictions in which certain features may be available.We may amend the Terms without notice for non-material amendments. In the event of a material change, we will provide the User with 30 days’ notice of a material change in the Terms and conditions (including changes in pricing) via e-mail to the e-mail address supplied to us by the User, setting out:
a) the new or amended agreement terms;
b) how such terms read formerly;
c) the date of the coming into force of the amendment;
d) the means in which You can respond and the effects of not responding;
e) the option to either terminate the agreement or retain the existing agreement unchanged; and
f) the language of this provision with reference to the applicable consumer protection legislation rules for amending these terms and making any additional requirements for amendments as prescribed by law (if any).We highly recommend that Users read any amendments carefully. Unless explicit consent is required by the law, we have the right to assume that You have accepted the change to the terms and conditions, unless You notify us to the contrary, no later than 30 days after the amendment comes into force, that You desire to cancel the contract or deregister or unsubscribe from access to the Product. We will post the most current Terms on the Website and your use of the Product will be subject to the most current Terms as posted on the Website at such time. It is your responsibility to visit this page to find any updates that may have been made to the Terms. You hereby agree that Home Badger LLC shall not be liable to You, your employee, or any other third party for any amendments to the Terms of Service.
5. TERMINATIONThese Terms are effective on the date that You access the Product and will continue to apply until our relationship with You is terminated. Users may terminate their relationship with us by notifying Home Badger LLC via email at email@example.com The services provided by the Product and the applicable fees shall continue until the end of the Users current subscription term after the User has notified us of the User's desire to unsubscribe from the Product, to close your account, and to cease your use of the Product. Users that use the Product during a trial period and do not register for the Product after the free trial period will have their account terminated at the end of the free trial period. We may terminate our relationship with You immediately at any time and for any reason including, but not limited to, a breach of these Terms under the following circumstances:
a) if You have not adhered to any or all the provisions of the Terms (such as a failure to pay fees when due) or if it appears that You do not intend to or are unable to comply with the Terms, such determination to be made solely at our discretion;
c) if we are required to terminate the relationship by law;
d) if we receive any notice of your misuse of the Product; or
e) if provision of the Product is no longer commercially viable for us.Upon termination of our relationship, we will immediately revoke your license to use the Product and block all access to your account, and may delete all data and information associated with your account days after such termination. Upon termination of this relationship, You will remain liable for any accrued charges and amounts which become due for payment prior to or following termination. If you do not log into your account for or more months, we may treat your account as “inactive” and permanently cancel your account upon delivery of written notice and delete your information days after such notice has been delivered.
6. USE OF THE PRODUCTIn order to use the Product, an User must register using our registration page located within the app. Registration Information: You agree and understand that You are responsible for maintaining the confidentiality of your password, which, together with your name and e-mail address (“User ID”), allows You to access the Product. The User ID and password, together with any other contact information You provide us at the time of signing up for the Product form your “Registration Information.” You agree that all Registration Information provided to us will be accurate and up-to-date. You agree to keep your password secure. We will not be liable if we are unable to retrieve or reset a lost password. If You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at firstname.lastname@example.org as soon as possible. Accounts: You may not open an account if you are a competitor of Home Badger LLC. Permitted Uses: You agree to use the Product only for purposes that are permitted, both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree to adhere to any applicable privacy of personal information laws and regulations, including as outlined in the The Privacy Act. Unauthorized Access: You agree to only access (or try to access) and use the Product through interfaces provided by us. You shall not access (or try to access) and use the Product through any automated means, including, but not limited to, scrapers, scripts, robots, or web crawlers. You agree not to use or attempt to use another User’s account. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information, or your affiliations with any person or entity. Prohibited Uses: You may use our Website, services, and products only for lawful purposes. You may not use our Website, services, or products in any manner that:
a) breaches any applicable local, national or international law or regulation;
b) may in any way be considered harassment to another person or entity;
c) may in any way be unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
d) may in any way damage, disable, overburden, and/or impair the the Product server, or any network connected to the Product server, and/or interfere with any other party’s use or enjoyment of the Product;
e) is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
f) harms or attempts to harm minors in any way
g) will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
h) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, members, or officers;and any of the foregoing will result in immediate account termination. You represent and warrant that You will not use the Product to upload, post, link to, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or any telecommunications equipment. Nor will You post or distribute any computer program that damages, detrimentally interferes with, surreptitiously intercepts, or expropriates any system, data, or personal information. You further represent and warrant that You will not disrupt the functioning of the Website, in any manner. Moderation: You understand and agree that although Home Badger LLC is not required to moderate your use of the Product, it may in its sole judgment review and delete any content in whole or in part, for any reason whatsoever, which without limitation, violate these Terms or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of others. User Responsibility: You agree that You are solely responsible for any breach of your obligations under the Terms and for the consequences of any such breach. We have no responsibility to you or to any third party for such breaches or the consequences of such breaches (including losses or damage that we may incur). You understand that when using the Product, You may come across material that You find objectionable, offensive or indecent and agree that You are using the Product at your own risk. Technical Requirements: Use of the Product requires internet access through your computer. You may be required to have some enabled to use the Product, and some features of the Product may not be accessible with such technologies disabled.
8. THIRD PARTY LINKSThe Product may link to third-party websites or resources. Such links are provided as a convenience to You only and do not imply an endorsement, warranty or guarantee by us of any such linked Website or the company it purports to represent. We do not assume any responsibility or liability for their availability, accuracy, the related content, products or services. You are solely responsible for use of any such websites or resources and compliance with their policies. Should You elect to enter into a binding contract with any such website, You agree to hold us harmless and hereby release us from any liability whatsoever, whether arising out of contract, tort or otherwise, for any liability, claim, injury, loss or damage suffered as a result of your actions or the actions of any user associated with your account, offering to accept or having accepted any products or services that are available from those sites.
9. INTELLECTUAL PROPERTY AND RIGHTSRights to content provided by us: You acknowledge and understand that we own all right, title and interest in: (a) the Product and any associated data files; and (b) all computer software; advertisements; sponsored content; and intellectual property associated with the Product (all such information, individually and collectively, being the “Product Content”), which You may have access to when using the Product. Except as set forth in the Agreement, all rights not expressly granted to You are reserved. You agree not to decipher, decompile, disassemble, reconstruct, translate, reverse engineer, or discover any of the intellectual property or ideas, algorithms, file formats, programming, or interoperability interfaces underlying the Product. You may not modify, rent, lease, loan, sell, distribute or create any derivative products or services (or parts of services products or services) based on the Product Content that You do not own or to which You have rights, or to create derivative works based on the Product. You may not infringe upon our intellectual property or adapt, reproduce, publish or distribute copies of any information or material found on the Product in any form (including by e-mail or other electronic means), without our prior written consent. You are not required to provide Home Badger LLC with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”). In the event that you do provide Home Badger LLC with Feedback, Home Badger LLC may use such feedback to improve the Product or for any other purpose. Furthermore, Home Badger LLC shall own such Feedback and Home Badger LLC and its affiliates, licensees, clients, partners, third-party providers and other authorized entitled may use, license, distribute, reproduce and commercialize the Feedback, and You hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to Home Badger LLC. Limited license: We grant You a non-exclusive, non-transferable, revocable, limited license to use the Product in accordance with these Terms. This limited license is subject to full payment of the monthly fees per Account, when due. This license may be revoked upon breach of these Terms by You and shall automatically be revoked upon termination or expiration of this Agreement. The Company may, now or in the future, own rights to trade-marks, trade names, services marks, logos, domain names and other distinctive brand features which we use in connection with the operation of the Product (each such feature being a “Brand Right” and collectively being the “Brand Rights”). We do not grant you any right or license to use any Brand Right other than as expressly set out in these Terms and in other licenses between You and us. Rights to content provided by you: Home Badger LLC does not retain any right, title and interest to the information provided, inputted or uploaded to the Product (“User Data”). You understand and agree that the ownership of User Data shall be decided amongst yourself and your employer, if applicable, and that your User Data may be available to your employer even after the termination of your account with the Product. You agree that You will defend, indemnify and hold harmless us and our officers, directors, shareholders, employees, agents and representatives, from and against any and all claims, damages, judgments, liability, costs and expenses (including without limitation any reasonable legal fees), in whole or in part arising out of or attributable to the ownership of User Data. You also understand that in order for us to operate the Product, User Data may be transmitted by You or us over various public networks and in various media in compliance with our security protocols and we may make changes to User Data to meet the technological requirements of such networks and media. You are responsible for ensuring that User Data is protected and your rights in User Data are enforced; we have no responsibility to protect or enforce your rights on your behalf with respect to User Data. At any time and up to days after your termination with Home Badger LLC, You may request a copy of all of your User Data from the Product (“Data Dump”). You understand and agree that after the expiration of days after your termination with Home Badger LLC, your User Data will be permanently deleted and You will no longer have access to such Data Dump.
10. DISCLAIMERSThe Product provided as-is: The Product is provided “as-is” without warranties of any kind, either expressed or implied. You acknowledge, agree and understand that You use the Product at your own risk. We will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Product. Downtime: The Product may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between You and the Product. No endorsement as to accuracy: We accept no responsibility for the accuracy of any User Data provided by or created using the Product except as otherwise set out in these Terms. The provision or storage of User Data through the Product does not constitute our endorsement or warranty as to the compliance of such User Data with applicable privacy legislation, nor to the accuracy, timeliness, materiality, completeness, or reliability of such User Data. You are responsible for ensuring that that the information you have entered into our system is accurate, reliable and complete. Ratings and reviews: We accept no responsibility or liability for any ratings or reviews of an employee posted to the Product, or any consequences as a result of the ratings or reviews of an employee, including but not limited to termination of an employee. Ratings and reviews posted to the Product DO NOT reflect our views. Monitoring: We do not accept any liability for monitoring the Website or for unauthorized or unlawful content on the Website or use of the Website by users. No warranty as to non-infringement: Except in the manner provided for in these Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title and non-infringement of intellectual property in relation to the Product. Damage to hardware: Any material downloaded or otherwise obtained through the use of our services and products is done at your own discretion and risk, and You will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. Content provided to companies: If You are an individual providing User Data that is to be directed to your organization’s account, You agree and acknowledge that we accept no responsibility and are not liable for any damages that may arise by the organization’s use of that User Data. You further agree and acknowledge that we are not liable for any damages that may arise if the User Data is misdirected to the wrong organization due to any reason, including error on your part or a flaw in the Product.
11. DATA RETENTIONThe Product may store your data as long as your account is current and active and after our relationship with You has been terminated. On a regular basis we create a backup of all data in our system, which is retained. This backup is for use by Home Badger LLC only in the case of disaster recovery or to maintain business operations in the case of an emergency. Home Badger LLC will not restore data unless it determines, in its sole discretion that a data recovery is necessary.
12. REFUND POLICYWe are unable to provide refunds for a subscription to a plan.
13. LIMITATION OF LIABILITYYou hereby agree to release, remise and forever discharge us and our directors, employees, officers, and our affiliates, partners, service providers, vendors, and contractors and each of their respective agents, directors, officers, employees, and all other related persons or entities from any and all manner of rights, losses, costs, claims, complaints, demands, debts, damages, causes of action, proceedings, liabilities, obligations, legal fees, costs and disbursements of any nature whatsoever, and for any special, indirect or consequential, incidental or exemplary damages (collectively, a “Claim”), whether in contract or tort, whether known or unknown, which now or hereafter arise from, to the maximum extent allowed by law, that relate to, or are connected with:
a) any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, use data, or other intangible losses;
b) your provision of any personal information provided to us subject to our legal requirements relating to the protection of personal information;
c) communications received to you through your access to the Product;
d) the posting of information on the Product, Website, blog, account or any affiliated social media, including but not limited to, User data, Cards, written reviews, pictures, or personal information;
e) the use of the Product and any related applications including third party services;
f) the use of any software related to the Product;
g) viruses, spyware, service provider failures or internet access interruptions;
h) loss of use, loss of data, inaccuracy of data, payment failure, payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
i) any content relating to the use of the Product,even if you have been advised of the possibility of such Claim, or such Claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein or in any license. In the event that we become liable for any damages whatsoever, you agree that such damages shall be limited in the aggregate to the amount of fees or charges which You have paid for the Product in the previous invoice.