Welcome to BUSTLE. These Terms of Service ("Terms") govern your access to and use of the BUSTLE application, website, and services. Please read these Terms carefully before using our services.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION, AS THIS AGREEMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS ON DAMAGES YOU MAY CLAIM AGAINST US AND INDEMNIFICATION OBLIGATIONS YOU MAY OWE TO US. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT, EXCEPT WHERE PROHIBITED BY APPLICABLE LAWS, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
BY ACCESSING OR USING THE SERVICE, YOU INDICATE YOUR CONSENT TO THIS AGREEMENT.
1. Acceptance of Terms
By accessing or using BUSTLE, you agree to be bound by these Terms. If you do not agree to these Terms, do not use our services.
- You must be at least 18 years old to use our services
- You must comply with all applicable laws and regulations
- You are responsible for maintaining the confidentiality of your account
2. Account Registration
- Account Creation: In order to use our Product and Services, you must have an account with us. Accounts that you are able to establish with BUSTLE may give you access to the functionality of the Products and Services that we may modify from time to time in our sole discretion.
- When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must notify us immediately of any breach of security or unauthorized use of your account. Unless directly caused by BUSTLE's negligence or breach of this Agreement, BUSTLE will not be liable for any damages or losses caused by any unauthorized use of your account.
- You may control your Member profile and how you interact with the Products and Services by accessing the “Settings” screen in the App and changing settings that are made available to you. For example, from the “Settings” screen you can add and delete Group members, turn Drive Detection on and off, opt in or out of the sale or sharing of personal information, or sharing a Tile’s location.
- Account Security: You are responsible for maintaining the security of your account credentials
- One Account: You may maintain only one active account
- Account Sharing: Sharing or transferring accounts is prohibited
3. Location Usage
- (a) The app uses your device's location services to provide location-based features. By using the app, you consent to the collection and use of your location data.
- (b) The app may collect your location information in real-time to enable features such as finding nearby users, events, and places.
- (c)We take reasonable measures to protect your location data and ensure its security. However, we cannot guarantee the absolute security of your data.
4. Permanent Location Usage
- (a) If you choose to enable permanent location usage, the app will continuously track your location in the background. This feature is optional and can be disabled at any time in your device's settings.
- (b) We collect and use your location data continuously to automatically record your movement history, enhancing your experience by helping you connect with more friends nearby..
- (c) We will only use your permanent location data for the purposes stated in these terms and will not share it with third parties without your consent.
5. Subscription-Based In-App Purchases
- (a) Bustle offers subscription-based in-app purchases for enhanced features and services.
- (b) When you subscribe to a paid service, you agree to pay the applicable subscription fee. The fee will be charged to your designated payment method at the beginning of each subscription period.
- (c) Subscriptions will automatically renew unless you cancel at least 24 hours before the end of the current subscription period.
- (d) You can manage your subscriptions and cancel at any time through your device's app store settings.
6. One-Time Consumable In-App Purchases
- (a) The app may also offer one-time consumable in-app purchases for items such as virtual gifts or additional features.
- (b) Once you make a one-time consumable purchase, it is non-refundable.
- (c) We reserve the right to change the prices of one-time consumable purchases at any time without notice.
6. LIABILITY
- Disclaimer: You use the Services at your own risk. You understand and agree that BUSTLE-APP provides the Services to you on an “AS IS” and “AS AVAILABLE” basis. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BUSTLE-APP DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
- Furthermore, we make no warranty or representation and disclaim all responsibility and liability for: (a) errors, interruptions to service (due to maintenance, technical updates or technical issues), slow running, imperfections, or attacks on the rights of third-parties within the scope of the operation of the Services, in particular as a result of events on the internet; or (b) and disturbance, malfunction, or reduced access to the Services resulting from failure attributable to the internet network or to an internet service provider, to the operating system, browser and/or device of the user; (c) any harm to your device that results from your access to or use of the Services; or (d) the deletion of or failure to store any content you post to the Services.
- BUSTLE-APP shall in no case be held responsible, in any capacity whatsoever, for illegal actions liable to civil or criminal penalties, committed by its users, including but not limited to (a) all types of fraud, (b) all commercial or professional activities, (c) prostitution, (d) the usurpation of identity, (e) infringement of any intellectual property rights of a third party, (f) infringement of personality rights, such as image rights and the right to privacy. Moreover, the user is solely responsible for verifying the age and identity of the persons with whom he/she could organize a meeting in real life. BUSTLE-APP shall in no way be held responsible in the event of an incident of any nature whatsoever during a meeting in real life.
- Limitation of Liability:TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL BUSTLE-APP BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF USE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR INABILITY TO USE THE SERVICES; (b) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES ON THE SERVICES; IN THE SITES OR THE CONTENT, MATERIALS, SOFTWARE, INFORMATION, PRODUCTS, OR SERVICES ON OR AVAILABLE THROUGH THE SITES, (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES. WHEN ALLOWED BY THE LAW, IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF BUSTLE-APP UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
- SOME LOCAL LAWS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND/OR CERTAIN WARRANTIES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 6 MAY NOT APPLY TO YOU.
7. DIVISIBILITY AND WAIVER
- If any portion of these Terms of Use is declared null, invalid, or non-applicable, such declaration shall have no effect on the validity and applicability of the other Terms and shall not exempt you from your duty to comply therewith.
- The failure to demand the execution of a condition in these Terms, or to do so belatedly shall not be interpreted as a waiver on the part of BUSTLE-APP to demand the respect of that condition by the user or a third-party.
8. DISPUTE RESOLUTION, ARBITRATION
- READ THIS SECTION CAREFULLY BECAUSE, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES. The provisions set out in this section 18 are prohibited by Quebec’s Consumer Protection Act (CQLR c P-40.1) and therefore do not apply to Members in Quebec, Canada.
- Dispute Resolution; A rbitration The term “Disputes,” as used in this section, is intended to be interpreted broadly and includes any claim, dispute, or controversy between us that arises out of or relates to this Agreement, this Section 18 and/or any and all use of the Products or Services whether based in contract, statute, regulation, ordinance, tort (including fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes all threshold issue of arbitrability including the validity, enforceability or scope of this Section 18. The only Disputes excluded from this obligation to arbitration are: (1) claims that could be brought in small claims court; and (2) Company claims for injunctive or other equitable relief.
- You must send written notice of any dispute you have with BUSTLE to us at least sixty (60) days before filing a demand for arbitration pursuant to the following paragraphs. Your notice of dispute should be sent to us at the following address: contact@carezone.top to give us the opportunity to resolve your dispute informally. You agree to try to negotiate a resolution of your dispute in good faith for the duration of the 60-day period. If we are unable to resolve your dispute, then you may file a demand for arbitration pursuant to the paragraphs that follow.
- In the unlikely event that we have not been able to resolve your dispute after sixty (60) days, except where prohibited by applicable law, we each agree to resolve all Disputes (except the small claims and equitable claims excluded above) by binding arbitration brought before the arbitration body indicated below. The arbitration will be conducted in the location indicated below, unless you and Company agree otherwise. Each party will be responsible for paying any arbitration filing, administrative and arbitrator fees in accordance with the applicable rules. The award rendered by the arbitrator shall include costs of arbitration and reasonable costs for expert and other witnesses, and any judgement on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. In addition, attorneys’ fees are awardable only as permitted by applicable law.
- Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COMPANY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
7. User Conduct
When using our services, you agree not to:
- Post or transmit harmful or inappropriate content, Harass, abuse, or harm other users,
- Impersonate others or provide false information, Use our services for any illegal purposes, Attempt to manipulate or exploit our platform
- copying, distributing, transmitting, disassembling, decompiling, publicly displaying, republishing, licensing, selling or disclosing any part of the Services in any medium, including without limitation by any automated or non-automated “scraping” or by creating any derivative works of the Services;
- determining or attempting to determine any source code, algorithms, methods, or techniques embodied by the Services or any derivative works thereof, or incorporating the Services or any portion thereof into any other program or product;
- taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure or using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Services in a manner that sends more request messages to BUSTLE servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser or mobile application;
- transmitting spam, chain letters, or other unsolicited email and in-app messages;
- uploading invalid data, viruses, worms, or other software agents through the Services;
- collecting or harvesting any personally identifiable information, including account names, from the Services;
- using the Services for any commercial purposes;
- impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity;
- interfering with, or attempting to interfere with, the proper working of the Services or attempting to compromise the system integrity or security or decipher any transmissions to or from the servers running the Services;
- accessing any content on the Services through any technology or means other than those provided or authorized by BUSTLE;
- bypassing the measures we may use to prevent or restrict access to or use of the Services or the content therein, including, but not limited to, attempting to bypass any age gating or parental consent mechanisms or providing false or inaccurate information regarding your age or country and state (as applicable) of residence;
- encouraging any conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm us or our Members or expose BUSTLE or our Members to liability; and violating, or promoting the violation of, this Agreement or any applicable law or regulation,including, without limitation, any laws regarding human trafficking, stalking, credit card fraud, the export of data or softwapatent, trademark, trade secret, copyright, or other intellectual property or legal rights (including the rights of publicity and privacy of others).
8. Content Guidelines
- User Content: You retain ownership of your content but grant us license to use it
- Prohibited Content: No explicit, violent, or inappropriate material
- Monitoring: We reserve the right to monitor and remove content
- Reporting: Users should report inappropriate content
9. Safety and Security
- Meet in public places for in-person meetings
- Do not share personal financial information
- Report suspicious behavior
- Follow our safety guidelines
10. Premium Services
- Payments: All purchases are final and non-refundable
- Subscriptions: Auto-renewal terms and cancellation policies
- Features: Premium feature availability and limitations
- Modifications: Right to modify premium services
11. Termination
We reserve the right to suspend or terminate your account for:
- Violation of these Terms
- Inappropriate behavior
- Extended periods of inactivity
- Suspected fraudulent activity
12. Changes to Terms
We may modify these Terms at any time. Continued use of our services after changes constitutes acceptance of the modified Terms.