BURBLE INC. TERMS & CONDITIONS

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  • BURBLE, INC.

    TERMS OF SERVICE

    Last Updated: September 26, 2024

    IMPORTANT NOTICE: THESE TERMS OF SERVICE CONTAINS BINDING ARBITRATION, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER. THEY AFFECT YOUR LEGAL RIGHTS, AS DETAILED BELOW. PLEASE READ CAREFULLY.

    Please read this Terms of Service (“Terms”) carefully before downloading, accessing or using the burble™ mobile application (“burble App”) and/or any services offered through the burble App including, without limitation, any of the paid recurring subscription services (collectively, the “Services”). These Terms form a binding legal agreement between you (and any other entity on whose behalf you accept these terms) (collectively “You” or “Your”) and burble, Inc., and its subsidiaries and affiliates (collectively, “burble”) (each separately a “Party” and collectively the “Parties”) in connection with Your use of the Services.

    BY DOWNLOADING, USING, ACCESSING, SUBSCRIBING AND/OR INTERACTING WITH THE BURBLE APP AND/OR THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND AGREE TO ADHERE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, USE, ACCESS, SUBSCRIBE OR OTHERWISE INTERACT WITH ANY OF THE SERVICES AND/OR THE BURBLE APP.

    1. Age of Majority. You must be eighteen (18) years or older to use the Services. If You are under the age of majority in the jurisdiction where You reside, You may only use the Services and/or the burble App if Your parent or legal guardian agrees to these Terms and any other policies governing the Services. In that regard, Your parent or legal guardian agrees that they are responsible for Your activity and any use of the Services and/or the burble App.

    2. License to Use the Services. Unless otherwise specified in these Terms and subject to payment of all fees in connection with any Recurring Subscriptions (as defined below) or otherwise, burble grants to You a limited, non-exclusive, non-assignable, non-transferable, renewable, and revocable license during the applicable Subscription Term, to download, access and use the Services for Your personal, non-commercial use on a single mobile device owned or otherwise controlled by You (“Mobile Device”) strictly in accordance with these Terms.

    3. Registered User Accounts. In order to access and/or use the Services, You must have a registered user account (“Registered User Account”), and purchase a Recurring Subscription, unless You are otherwise subject to a Promotional Offer (as defined below). In connection with registering the Registered User Account, You may be required to provide certain personal information including, without limitation, Your first and last name, email address, telephone number, user name and password. burble will maintain Your personal information in connection with the Registered User Account in accordance with the Privacy Policy at goburble.com/privacy. You are responsible for keeping the Registered User Account information current and up-to-date. You are responsible for maintaining the confidentiality of the access information and/or log-in credentials to Your Registered User Account including, without limitation, Your password. You are responsible for all uses of Your Registered User Account, whether or not authorized by You. That being said, You should notify burble immediately of any unauthorized use of Your Registered User Account. You may cancel Your Registered User Account by contacting burble as set forth below, and including in the subject line of such communication the following: “Request to Cancel Registered User Account”. You agree that You are still responsible for any fees outlined herein including as it relates to, without limitation, the Recurring Subscriptions until You cancel same in accordance with the terms set forth herein (and, even in that event, any refunds of whole or partial Monthly Subscription Fees and/or Annual Subscription Fees shall be governed by the terms set forth in these Terms). burble may cancel, terminate, spend and/or revoke Your Registered User Account at any time including, without limitation, where You have violated these Terms.

    4. Subscriptions and Payment Methods

    Subscriptions are only available with a paid recurring subscription. You may elect to purchase a recurring subscription to the Services on either (1) a monthly term (“Recurring Monthly Subscription”); or (2) an annual term (“Recurring Annual Subscription”). The Recurring Monthly Subscription and Recurring Annual Subscription are collectively referred to hereinafter as the “Recurring Subscriptions.” All subscriptions are processed and handled currently through Apple Pay and Google Pay.

    A. Recurring Monthly Subscription. The current fee for the Recurring Monthly Subscription is the then-current price of the Recurring Monthly Subscription as advertised by burble on the date that Your designated payment method is charged (“Monthly Subscription Fee”). By signing up for the Recurring Monthly Subscription, You authorize burble to charge Your designated payment method, through Apple Pay or Google Pay the Monthly Subscription Fee, together with any applicable taxes and fees specified, until You cancel the Recurring Monthly Subscription as set forth herein. The term of the Recurring Monthly Subscription will commence on the date Your designated payment method is charged the Monthly Subscription Fee and continues for a one-month period thereafter (“Monthly Subscription Period”).

    BY SIGNING UP FOR A RECURRING MONTHLY SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT THE RECURRING MONTHLY SUBSCRIPTION AUTOMATICALLY RENEWS FOR ADDITIONAL MONTHLY SUBSCRIPTION PERIODS UNTIL YOU CANCEL THE RECURRING MONTHLY SUBSCRIPTION AT LEAST SEVEN (7) DAYS PRIOR TO THE START OF THE NEXT MONTHLY SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR RECURRING MONTHLY SUBSCRIPTION THROUGH EITHER THE APPLE APP STORE OR GOOGLE PLAY STORE, DEPENDING ON YOUR PURCHASE METHOD. To cancel via Apple App Store: Open the Settings app, tap your name, tap Subscriptions, select burble, and choose Cancel Subscription. To cancel via Google Play Store: Open the Google Play Store app, tap your profile icon, tap Payments & Subscriptions, select burble, and choose Cancel Subscription. YOU ACKNOWLEDGE AND AGREE THAT AT THE START OF EACH MONTHLY SUBSCRIPTION PERIOD, THE MONTHLY SUBSCRIPTION FEE WILL BE CHARGED TO YOUR DESIGNATED PAYMENT METHOD THROUGH APPLE PAY OR GOOGLE PAY, UNLESS YOU CANCEL THE RECURRING MONTHLY SUBSCRIPTION AS SET FORTH HEREIN.

    B. Recurring Annual Subscription. The current fee for the Recurring Annual Subscription is the then-current price of the Recurring Annual Subscription as advertised by burble on the date that Your designated payment method is charged (“Annual Subscription Fee”). By signing up for the Recurring Annual Subscription, You authorize burble to charge Your designated payment method, through Apple Pay or Google Pay, the Annual Subscription Fee, together with any applicable taxes and fees specified, until You cancel the subscription as set forth herein. The term of the Recurring Annual Subscription will commence on the date Your designated payment method is charged the Annual Subscription Fee and continues for a one-year period thereafter (“Annual Subscription Period”).

    BY SIGNING UP FOR A RECURRING ANNUAL SUBSCRIPTION, YOU ACKNOWLEDGE AND AGREE THAT THE RECURRING ANNUAL SUBSCRIPTION AUTOMATICALLY RENEWS FOR ADDITIONAL ANNUAL SUBSCRIPTION PERIODS UNTIL YOU CANCEL THE RECURRING ANNUAL SUBSCRIPTION AT LEAST FOURTEEN (14) DAYS PRIOR TO THE START OF THE NEXT ANNUAL SUBSCRIPTION PERIOD. YOU MUST CANCEL YOUR RECURRING ANNUAL SUBSCRIPTION THROUGH EITHER THE APPLE APP STORE OR GOOGLE PLAY STORE, DEPENDING ON YOUR PURCHASE METHOD. To cancel via Apple App Store: Open the Settings app, tap your name, tap Subscriptions, select burble, and choose Cancel Subscription. To cancel via Google Play Store: Open the Google Play Store app, tap your profile icon, tap Payments & Subscriptions, select burble, and choose Cancel Subscription. YOU ACKNOWLEDGE AND AGREE THAT AT THE START OF EACH ANNUAL SUBSCRIPTION PERIOD, THE ANNUAL SUBSCRIPTION FEE WILL BE CHARGED TO YOUR DESIGNATED PAYMENT METHOD THROUGH APPLE PAY OR GOOGLE PAY, UNLESS YOU CANCEL THE RECURRING ANNUAL SUBSCRIPTION AS SET FORTH HEREIN.

    C. Changes. burble may make changes to the Recurring Subscription, including, without limitation, price changes. burble will communicate material changes to the Recurring Subscription, including any changes to the price, in advance to the email address associated with Your Registered User Account. If You do not agree to those changes, You can cancel Your Recurring Subscription through the appropriate app store as set forth herein.

    D. Promotion Offers; Converting to Recurring Subscriptions.
    You may be offered a promotional offer in connection with a Recurring Subscription, such as a trial period or initial discount (each, a “Promotional Offer”). The additional terms specific to each Promotional Offer offered by burble will be set forth in the specific offer (“Offer Terms”). You must meet all eligibility requirements stated in these Terms and the Offer Terms to enroll in a Promotional Offer. Unless stated otherwise in the Offer Terms, Promotional Offers are only for new customers who have not previously subscribed to a Recurring Subscription or enrolled in a Promotional Offer. burble reserves the right, in its discretion, to determine Your eligibility in connection with any Promotional Offer and to modify or cancel a Promotional Offer at any time. You must provide a valid payment method acceptable to burble to enroll in a Promotional Offer unless otherwise stated in the Offer Terms.

    Once Your promotional period ends, You authorize the platform through which You subscribed, either Apple or Google, to begin billing Your designated payment method on a recurring basis at the Monthly Subscription Fee or Annual Subscription Fee, respectively, unless You cancel the Services as set forth herein.

    Managing and Canceling Your Subscription:
    YOU MAY CANCEL YOUR RECURRING SUBSCRIPTION AT LEAST TWENTY-FOUR (24) HOURS PRIOR TO THE END OF THE PROMOTIONAL PERIOD BY CANCELING DIRECTLY THROUGH APPLE OR GOOGLE.     IF YOU SUBSCRIBED THROUGH APPLE, YOU CAN CANCEL BY NAVIGATING TO SETTINGS > [YOUR NAME] > SUBSCRIPTIONS ON YOUR IPHONE OR IPAD, SELECTING BURBLE, AND TAPPING "CANCEL SUBSCRIPTION." IF YOU SUBSCRIBED THROUGH GOOGLE, GO TO THE GOOGLE PLAY STORE > MENU > SUBSCRIPTIONS, SELECT BURBLE, AND CHOOSE "CANCEL SUBSCRIPTION." PLEASE NOTE THAT APPLE AND GOOGLE ARE THE AUTHORIZED PARTIES FOR BILLING AND SUBSCRIPTION MANAGEMENT, NOT BURBLE.

    5. Payment.

    A. Payment Method. If You purchase a Recurring Subscription, gift card, or other item through the Services, You must provide an accurate and up-to-date payment method through the Apple App Store or Google Play Store, depending on the platform You are using. By making a purchase, You authorize the App Store or Google Play Store to charge the applicable fees to Your designated payment method. All transactions are processed by the respective app store, and no transaction is binding on burble until confirmed by the applicable store. You are responsible for any fees or charges that may be imposed by Your payment provider or app store.

    B. Cancellations and Disputes. For subscriptions made via Apple or Google, You must cancel or request a refund directly through those platforms, as burble does not have the authority to manage refunds or cancellations for in-app purchases​. For any payment-related issues such as cancellations or refunds, You must follow the applicable policies of the Apple App Store or Google Play Store, depending on where the purchase was made. Do not attempt to reverse charges through Your payment method provider without first following the app store's procedures or making reasonable attempts to resolve the matter with burble.

    C. No Refunds. All payments made through Google or Apple for in-app purchases, including Recurring Subscriptions, are non-refundable, unless otherwise required by applicable law. Please refer to Google Play or Apple's App Store policies for any potential refund requests.

    D. Future Functionality. Your purchases are not conditioned or contingent on the delivery of any current or future functionality, content or features, or dependent on any oral or writ-ten public comments made by burble in connection with such functionality, content or features.

    6. Prohibited Conduct. You are solely responsible for Your conduct while using the Services, and, as a condition of being granted a limited license to use the Services, You agree to not do any of the following:

    A. copy, reproduce, distribute, use, publicly perform, or publicly display, mirror, or frame the Services, or any individual element within the Services and/or burble App, burble’s name, any burble trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without express written consent from burble or its licensors;

    B. Modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Services and/or the burble App;

    C. Reverse engineer, dissemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Services, the burble App or any part thereof;

    D. Remove, delete, alter or obscure any trademarks or any copyright, trademark, pa-tent or other intellectual property or proprietary rights notices from the Services and/or burble App including, with-out limitation, any copy thereof;

    E. Interfere or attempt to interfere in any manner with the functionality or proper working of the Services and/or the burble App;

    F. Breach or otherwise bypass any security or authentication measures of the Services and/or the burble App;

    G. Transmit into or use with the Offerings any of the following: viruses, malware, malicious or destructive code, or any other routine, device, or other undisclosed feature (e.g., so-called time bomb, software lock, drop dead device, malicious logic, worm, Trojan horse, or trap, back door, or software routine) that either interferes with or otherwise harms or provides unauthorized access or causes unauthorized modifications to the Services and/or the burble App,and/or any operation of any burble or related third-party networks, servers or other infrastructure;

    H. Attempt to access or search the Services, scrape, or extract data or other content from the Services and/or the burble App, including through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software or search agents provided by burble or as permitted by our robot.txt file;

    I. Access, use, or otherwise exploit the Services and/or the burble App for purposes of competing with or disparaging burble or the Offerings, including but not limited to benchmarking, monitoring availability, performance, or functionality, or conducting competitive analysis;

    J. Access, use, or test portions of the Services and/or the burble App that burble has not authorized You to access, use, or test;

    K. Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Services and/or the burble App or any features or functionality of the Services and/or the burble App, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;

    L. Remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Services and/or the burble App;

    M. Use the Services and/or the burble App other than for their intended purpose and in any manner not permitted by these Terms, that violates these Terms or any applicable law, regulation, contract, intellectual property right, or other third-party right, or that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services and/or the burble App, or that could damage, disable, over-burden, or impair the functioning of the Services and/or the burble App in any manner;

    N. Interfere with, or attempt to interfere with, the access of any user, host, or net-work, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services and/or the burble App;

    O. Collect or store any personally identifiable information from the Services and/or the burble App from other users of the Services and/or the burble Appwithout their express permission;

    P. Use or attempt to use another user’s account without authorization from that user and burble;

    Q. Access or use the Services and/or the burble App if You have been previously removed from any Services by burble; or

    R. Encourage or enable any other individual to do any of the foregoing.

    Although burble is not obligated to monitor access to or use of the Services and/or the burble App, burble has the right to do so at any time and for any reason without notice. To the extent permitted by applicable law, burble reserves the right, but is not obligated, to enforce this Section by removing or disabling access to the Services and/or the burble App, at any time and without notice. burble’s failure to enforce this Section in some instances does not constitute a waiver of its right to enforce it in other instances.

    7. Intellectual Property of Services; Reservation of Rights. The Services and the materials contained therein including, without limitation, any quotes, “Daily burbles,” content, photographs, text, software, pictures, images, graphics, articles, blogs, columns, postings, video clips, audio clips, digital downloads, data, scripts, messages or other information posted through the Services (collectively, the “burble Content”) are either the property of, or used with permission, by burble. Without limitation, the Services, the burble App and the burble Content are copyrighted by burble, its affiliates or its licensors. In addition, certain aspects of the Services, burble App and/or the burble Content including, without limitation, the trademarks, service marks, trade names and logos used and displayed on the Services are registered and/or unregistered trademarks of burble and/or the Affiliates (as defined herein). You have no Intellectual property rights in, or to, the Services, the burble App and/or the burble Content other than the right to use it in accordance with these Terms. You acknowledge and agree that the Services are provided under license, and not sold, to You. You do not acquire any ownership interest in the Services and/or the burble App under these Terms, or any other rights thereto other than to use the Services in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. burble and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Services, the burble App and/or the burble Content including, without limitation, all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to You in these Terms.

    8. Copyright Infringement/DMCA Notice. If You believe that any aspect of the Services violate Your or a third party’s copyright, please provide written notice (“DMCA Notice”) to burble as set forth herein or otherwise provided by the Digital Millennium Copyright Act (“DMCA”), as it may be amended from time to time. The DMCA Notice must include (A) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (B) a description of the copyrighted work that is believed to have been infringed upon; (C) a description of precisely where the alleged infringing work is located on Services; (D) the Copyright Owner’s mailing address, telephone number and email address; (E) a statement by the Copyright Owner that they have a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (F) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that they are the Copyright Owner or are authorized to act on the Copyright Owner's behalf. The DMCA Notice should be immediately delivered to burble at the address set forth below and directed to the attention of the “Copyright Agent.” You acknowledge and agree that Your failure to properly comply with the requirements of the law and/or this provision may make Your DMCA Notice invalid.

    9. Updates/Changes to these Terms. burble reserves the right to modify these Terms at any time and for any reason. burble will post the most current version of these Terms at . If burble makes material changes to these Terms, You will receive notification via the Services. Notwithstanding the foregoing, You are responsible for com-plying with the updated terms once posted. Your continued use of the Services after burble publishes notice of changes to these Terms indicates Your consent and agreement to the updated terms.

    10. Collection of Personal Information. You acknowledge that when You download, access or use the Services, burble may use automatic means (including, for example, cookies and web beacons) to collect information about Your Mobile Device and about Your use of the Services. You also may be required to provide certain information about Yourself as a condition to downloading, accessing or using the Services or certain of its features or functionality, and the Services may provide You with opportunities to share information about Yourself with others. All information that burble collects through or in connection with the Services is subject to our Privacy Policy at . By downloading, accessing, using and providing in-formation to or through the Services, You consent to all actions taken by burble with respect to Your information in compliance with the Privacy Policy.

    11. Updates to the Services. burble may from time to time, in its sole discretion, develop and provide updates to the Services including, without limitation, upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality of the Services. You agree that burble has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on Your Mobile Device settings, when Your Mobile Device is connected to the internet either:

    (a) the Services may automatically download and install all available Updates; or

    (b) You may receive notice of or be prompted to download and install available Updates.

    You shall promptly download and install all Updates and acknowledge and agree that the Services or portions thereof may not properly operate should You fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of these Terms.

    12. Termination. burble may terminate your access to and use of the Services, the burble App or Your Registered Agent Account if You violate these Terms, in burble’s sole discretion without notice to You and to the extent permitted by applicable law. burble may also terminate Your Recurring Subscription if You are no longer eligible for a Recurring Subscription based on these Terms. burble may terminate Your Recurring Subscription if it was obtained through a third-party promotion, and You no longer meet the eligibility requirements for that offer. Without limitation, termination will not limit any of burble’s rights or remedies at law or equity. Termination shall not entitled You to any refund, credit or other compensation from burble under these Terms or any other agreement or from any third party.

    Upon any termination, discontinuation, or cancellation of the Recurring Subscription or Your Registered Agent Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provision.

    13. DISCLAIMER OF WARRANTIES. THE SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, BURBLE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, 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, BURBLE PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICES, IN WHOLE OR IN PART, AND/OR THE RECURRING SUBSCRIPTIONS, WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS OR BE ERROR FREE OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

    SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

    In addition, the Services are only available for supported devices and might not work on every device. Determining whether Your Mobile Device is a supported or compatibility device for use of the Services is solely Your responsibility, and downloading, accessing and/or using the the Services is done at your own risk. burble does not represent or warrant that the Services and Your Mobile Device are compatible or that the Services will work on Your Mobile Device.

    14. DISCLAIMER OF SPECIFIC MEDICAL-RELATED WARRANTIES.

    • THE SERVICES ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED, DESIGNED, OR IMPLIED TO DIAGNOSE, PREVENT OR TREAT ANY CONDITION OR DISEASE, OR TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL CARE.

    • BURBLE IS NOT A LICENSED MEDICAL CARE PROVIDER AND DOES NOT ENGAGE IN, AND HAS NO EXPERTISE IN, DIAGNOSING, EXAMINING OR TREATING MEDICAL CONDITIONS OF ANY KIND, OR IN PRESCRIBING TREATMENTS OR DETERMINING THE EFFECT OF ANY SPECIFIC TREATMENT ON A MEDICAL CONDITION.

    • BURBLE DOES NOT PROVIDE EMERGENCY SERVICES AND IS NOT OBLIGATED TO CONTACT YOU OR ANYONE ON YOUR BEHALF WITH RESPECT TO YOUR MEDICAL CONDITION OR TREATMENT.

    • BURBLE IS NOT RESPONSIBLE FOR THE ACCURACY, RELIABILITY, EFFECTIVENESS OR CORRECT USE OF ANY OF THE SERVICES.

    • YOU SHOULD ALWAYS CONSULT A MEDICAL PROFESSIONAL IF YOU HAVE ANY QUESTIONS REGARDING A MEDICAL CONDITION.

    • YOU SHOULD NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ OR RECEIVED USING THE SERVICES.

    • IN ADDITION, NOT ALL ACTIVITIES DESCRIBED AS PART OF THE SERVICES ARE SUITABLE FOR EVERYONE. DO NOT USE THE SERVICES WHILE DRIVING, OPERATING HEAVY MACHINERY, OR PERFORMING OTHER TASKS THAT REQUIRE ATTENTION AND CONCENTRATION OF YOU OR THOSE AROUND YOU. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICES.

    15. DISCLAIMER REGARDING CHAT GPT AND ARTIFICIAL INTELLIGENCE (AI).

    IN CONNECTION WITH PROVIDING THE SERVICES, WE MAY USE CERTAIN THIRD PARTY ARTIFICIAL INTELLIGENCE AND LARGE LANGUAGE MODEL TOOLS INCLUDING, WITHOUT LIMITATION, CHATGPT. IN THAT REGARD, WHEN UTILIZING CERTAIN FEATURES OF THE SERVICES, YOU MAY BE INTERACTING WITH CHATGPT. WE DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES WHATSOEVER REGARDING THE COMPLETENESS, ACCURACY OR RELIABILITY OF THE INFORMATION AND DATA AUTOMATICALLY GENERATED BY SUCH THIRD PARTY AI TOOLS. WE HAVE NO WAY OF DETERMINING WHETHER INFORMATION OR DATA ACCESSED THROUGH CHATGPT OR OTHER AI TOOLS IS HIGH QUALITY, USEFUL OR ETHICAL. WE HAVE NO CONTROL OVER THE CONTENT OR NATURE OF SUCH INFORMATION, AND DISCLAIM ANY LIABILITY IN CONNECTION WITH ANY CONTENT OR INFORMATION GENERATED BY SUCH THIRD PARTY AI TOOLS. THE VIEWS AND OPINIONS EXPRESSED OR GENERATED THROUGH SUCH AI TOOLS ARE NOT OUR VIEWS AND DO NOT NECESSARILY REFLECT OUR POLICIES OR POSITIONS.

    16. LIMITATION OF LIABILITY. TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL BURBLE OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS AND ASSIGNS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DAMAGES, INCLUDING PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF BURBLE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

    17. Indemnification. You agree to release, indemnify, defend and hold harmless burble and the Affiliates from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including attorneys' fees, arising from or relating to your use or misuse of the Services or Your breach of these Terms or any other policies implemented by burble. Furthermore, You agree that burble assumes no responsibility for the content You submit or make available through the Services. For the avoidance of doubt, this Section shall survive the termination of these Terms.

    18. Consent to Electronic Communications and Solicitation. By downloading, accessing and/or using the Services, You authorize burble to send You (including via email and push notifications) information regarding the Services, such as: (A) notices about Your use of the Service, including notices of violations of use; (B) updates to the Services and new features or products; and (C) promotional information and materials regarding burble's products and services., conditioned on You providing affirmative consent to receive such promotional notifications from burble. You can review Your account notification settings and adjust Your messaging preferences, including opting-in to additional messages or unsubscribing to certain messaging through the “Push Notifications” section of the settings.

    19. Export Regulation. The Services may be subject to U.S. export control laws including, without limitation, the U.S. Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export or release the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Services available outside the US.

    20. Governing Law; Dispute Resolution. These Terms, Your use of the Services and/or the burble App including, without limitation, the Recurring Subscriptions shall be governed by and construed in accordance with the laws of the State of Pennsylvania, without regard to its conflict or choice of laws provisions of the State of Pennsylvania or any other State. ANY DISPUTE WITH BURBLE OR THE AFFILIATES, ARISING UNDER OR IN RELATION TO THESE TERMS AND/OR THE SERVICES iNCLUDING, WITHOUT LIMITATION, THE RECURRING SUBSCRIPTIONS SHALL BE RESOLVED EXCLUSIVELY THROUGH NON-APPEALABLE ARBITRATION WITH ONE ARBITRATOR IN ACCORDANCE WITH THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION IN PHILADELPHIA, PENNSYLVANIA. If traveling to Philadelphia is a burden, You may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. Each party will bear their own costs of arbitration.

    21. CLASS ACTION WAIVER. YOU WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST BURBLE AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT YOU ARE PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST BURBLE, YOU AGREE THAT: (A) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (B) IF YOU INITIATE OR PARTICIPATE AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

    22. WAIVER OF JURY TRIAL. EACH OF THE PARTIES HEREBY IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THE SERVICES AND/OR THESE TERMS, OTHER BURBLE POLICIES INCLUDING THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

    23. No Assignment. You may not assign or otherwise transfer, by operation of law or otherwise, any of its rights under these Terms without burble’s prior written consent, and any attempted assignment without such consent will be null and of no effect.

    24. Entire Agreement. These Terms, together with the Privacy Policy, constitutes the entire agreement between You and burble and supersedes any and all prior agreements, communications and understandings with respect to the use of the Services and/or the Recurring Subscriptions.

    25. Severability. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such provision shall be construed, limited or altered, as necessary, to eliminate the invalidity or enforceability, and the remaining provisions of these Terms will remain in full force and effect.

    26. No Waiver. burble’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

    27. Contact Information. If you have any questions regarding these Terms, please contact burble by email at support@burble.com, by telephone at , or by mail at Attn: Legal, burble, Inc., 1420 Walnut Street, Suite 1212, Philadelphia, Pennsylvania 19102.

    28. California Residents. Pursuant to California Civil Code Section 1789.3, California residents are hereby advised of the following: (A) burble is located at 1420 Walmart Street, Suite 1212, Philadelphia, Pennsylvania; (B) these Terms have provided You with advance notice of any applicable charges resulting from or related to Your use of the Services; (C) You may contact burble at the address or email address indicated above to resolve a complaint or receive further information regarding any aspect of the Services; and (D) the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or via telephone at 800-952-5210.

    29. Global Addendum.

    A. Rights that Cannot be Excluded. If You are located in a country which provides consumer guarantees or imposes obligations on burble which cannot be excluded, restricted, or modified, or only to a limited extent, then nothing in these Terms is intended to exclude, restrict, or modify such mandatory guarantees or obligations.

    B. Governing Law. If You are an individual consumer who is located in a jurisdiction that: (A) requires consumer contracts or consumer disputes to be governed by the laws of the jurisdiction where You are located; or (B) prohibits consumer contracts or consumer disputes from being subject to an exclusive jurisdiction which is not the jurisdiction where You are located, these Terms and any action related thereto will be governed by the laws, and subject to the jurisdiction of the state and federal courts, of the jurisdiction where You are located, to the extent required by local law.

    C. Alternative to Arbitration. Sections 20 and 21 of these Terms will not apply to You if You are located in Canada or another jurisdiction outside of the U.S. where its arbitration and class action waiver provisions are prohibited by applicable law or otherwise not enforceable. If You are located in such a jurisdiction, this Alternative to Arbitration section will apply to Disputes instead.

    The exclusive jurisdiction and venue of any claim not otherwise subject to arbitration under Section 20 of these Terms will be the state and federal courts located in the Eastern District of Pennsylvania and each of the parties hereto waives any objection to jurisdiction and venue in such courts; provided, however, that if You are located in a jurisdiction that prohibits the application of Pennsylvania law in a consumer contract or prohibits consumer contracts from being subject to an exclusive jurisdiction which is not the jurisdiction where You are located, the non-exclusive venue of any claim will be in the courts of Your jurisdiction of residence.

    D. Termination for Users in South Korea. If You are located in South Korea and under 19 years of age (the age of legal majority in South Korea), either You or Your legal representative may cancel Your Registered User Account and/or the Recurring Subscription in accordance with the termination provision set forth above.

  • BURBLE, INC.

    ASSUMPTION OF RISK; WAIVER OF LIABILITY

    By clicking below and continuing to use Burble, Inc.’s (“Burble”) mobile application (“Mobile App”), you understand and agree  to the following:

    Burbles methods may include, but not limited to, meditation, Hypnotherapy/hypnosis, and other subconscious modalities that are not a substitute for medical or psychiatric treatment, psychotherapy and/or other counseling services. Burble and/or its employees and contractors are not licensed to provide medical or psychiatric treatment, psychotherapy and/or other counseling services in any jurisdiction.  In that regard, any services provided by Burble and/or in connection with the Mobile App are not a replacement for medical or psychiatry treatment, psychotherapy or other counseling services. No service or product provided is intended to diagnose or treat any disease or illness, psychological or mental health condition.

    The purpose of a program of a burble recording is for vocational and avocational self-improvement and as alternative or complementary treatment to healing arts services licensed by the State of Pennsylvania. Services are non-diagnostic.

    burble works with the power of the subconscious mind to change habits and behaviors. The subconscious mind is considered to be the source or root of many of our behaviors, emotions, attitudes and motivations. burble is believed to be a powerful tool for accessing the subconscious mind and creating improvements in our lives.  While burble may be an effective technique for many purposes, the effectiveness may vary from individual to individual, and no specific results or progress can be promised or guaranteed.

    The use of burble could elicit memories of past events, which may or may not be literally true. It is possible that while using burble events may be distorted or misconstrued. Memories or images evoked in a subconscious state are not necessarily accurate and may be a construction or a composite of memories. Without corroborating information, it is not possible to determine whether a specific memory is true or false, even if it seems true to the client.

    RELEASE:  BY CLICKING BELOW, YOU VOLUNTARILY ASSUME FULL RESPONSIBILITY FOR ANY RISKS OF LOSS OR PERSONAL INJURY, WHETHER FORESEEN OR UNFORESEEN, THAT MAY BE SUSTAINED AS A RESULT OF ACCESSING AND/OR USING THE MOBILE APP AND/OR RECEIVING THE SERVICES IN CONNECTION THEREWITH.  YOU HEREBY RELEASE AND WAIVE ANY AND ALL LIABILITY, CLAIMS, DEMANDS, ACTIONS AND DAMAGES, OR INJURY INCLUDING DEATH, THAT MAY BE SUSTAINED BY CUSTOMER’S ACCESS AND/OR USE OF THE MOBILE APP AND/RECEIPT OF THE SERVICES IN CONNECTION THEREWITH.