Terms of Use

Disclaimers

1. Characters in this app are simulations and do not represent real individuals. Responses should not be considered professional or be used as medical, financial, or other expert guidance. Engaging in inappropriate interactions or making improper requests will result in termination, with no eligibility for refunds.

2. This application may provide general information and advice about exercise and fitness goals. The advice and information provided is not intended to replace professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, please consult a healthcare professional. The use of this application is also not intended to create any physician-patient relationship, nor should it be considered a replacement for consultation with a healthcare professional. The information and advice provided by this application is provided solely for educational and informational purposes and is not intended to diagnose, treat or cure any medical condition.

3. By engaging in any of the activities or exercises suggested by this application, you acknowledge that you are voluntarily participating in these activities and assume all risks. Buzzle LLC is not responsible for any injury sustained as a result of following any advice or recommendations provided by this application.

4. This Application may assist users in generating writing for general understanding, creativity, and exploration. It is not intended to serve as a substitute for personal, academic efforts, and users are strongly discouraged from using the generated content for official, professional or other formal educational or accreditation purpose.

4.1. No guarantee of resource integrity: using content generated by this Application in official settings may violate integrity policies of institutions. We do not endorse or encourage such use, and we cannot be held responsible for any repercussions, including but not limited to penalties or disciplinary actions, resulting from violations of integrity policies or any other rules and regulations set by any institutions.

4.2. It is the user’s responsibility to ensure they adhere to their respective institution’s code of conduct. We urge users to employ ethical standards and use the Application as a tool for learning, understanding and exploration rather than a source of content for official submissions.

5. Deleted content and retention: content deleted using in-app functionality, such as a "Delete" button, may be retained within the database for an unspecified amount of time for app functionality or account recovery purposes. If you would like to permanently delete all content on your account, please follow the in-app account deletion process, or contact us.

The application

The Application is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Application. You may not use the Application in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

Scope of license

2.1 You are given a non-transferable, non-exclusive, non-sublicensable license to install and use the Licensed Application on any Apple and/or Android-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licensed Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.

2.2 This license will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate license is provided for such update, in which case the terms of that new license will govern.

2.3 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Buzzle LLC’s prior written consent).

2.4 You may not copy (excluding when expressly authorized by this license and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this license, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. Furthermore, you acknowledge that no unauthorized third parties may gain access to these copies at any time.

2.5 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.6 Licensor reserves the right to modify the terms and conditions of licensing.

2.7 Nothing in this license should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.

Technical requirements

3.1 The Application requires a firmware version 1.0.0 or higher. The Licensor recommends using the latest version of the firmware.

3.2 Licensor attempts to keep the Application updated so that it complies with modified or new versions of the firmware and new hardware. You are not granted rights to claim such an update.

3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

Maintenance and support

4.1 The Licensor is solely responsible for providing any maintenance and support services for this licensed Application. You can reach the Licensor at the email address listed in the App Store Overview for this licensed Application.

4.2 Buzzle LLC and the End-User acknowledge that Apple and/or Google has no obligation whatsoever to furnish any maintenance and support services regarding the licensed Application.

Use of data

You acknowledge that Licensor will be able to access and adjust Your downloaded licensed Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy.

Consent to share consumption data with Apple: by using our app and making in-app purchases, you consent to our sharing of data regarding your usage and consumption of purchased content with Apple, as part of our efforts to resolve refund requests. This information may include details about how you have accessed and interacted with the purchased content. The purpose of sharing this data is to help Apple make an informed decision regarding refund requests. We ensure that such data sharing is done in compliance with Apple’s policies and only as necessary to process your requests.

User-generated contributions

The Application does not offer users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated in accordance with the Application Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
• You have the written consent, release, and/or permission of every identifiable individual person in your Contributions to use the name or likeness of every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
• Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
• Your Contributions do not violate any applicable law, regulation, or rule.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.

Contribution license

You agree that we may access, store, process, and use any information and personal data that you provide following the terms of the Privacy Policy and your choices (including settings).

By submitting suggestions or other feedback regarding the Application, you agree that we can use and share such feedback for any purpose without compensation to you.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area of the Application. You are solely responsible for your Contributions to the Application, and you expressly agree to exonerate us from all responsibility and to refrain from any legal action against us regarding your Contributions.

Liability

8.1 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to the licensed Application.

Warranty

9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. The Licensor warrants that the Application works as described in the user documentation.

9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorized modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside Buzzle LLC’s sphere of influence that affect the executability of the Application.

9.3 You are required to inspect the Application immediately after installing it and notify Buzzle LLC about issues discovered directly by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.

9.4 If we confirm that the Application is defective, Buzzle LLC reserves a choice to remedy the situation, either by solving the defect or substitute delivery.

9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever regarding the App, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

Payment terms

Users agree to pay all fees and charges associated with in-app purchases or subscriptions. Prices for any products or services offered within the Application are subject to change without notice. All fees and charges are non-refundable, except as required by applicable law. Users are responsible for any applicable taxes related to their purchases or subscriptions. Users may manage and cancel their subscriptions through their device’s subscription management.

Account registration

To access certain features of the Application, users may be required to create an account. When creating an account, users agree to provide accurate, current, and complete information about themselves. Users are responsible for maintaining the confidentiality of their account information, including their password, and agree to notify the Licensor immediately of any unauthorized use of their account or password. Users are responsible for all activities that occur under their account and agree not to share their account information with others. The Licensor reserves the right to suspend or terminate any account that is suspected of being used in violation of these Terms of Service or applicable laws.

Limitation of liability

To the maximum extent permitted by applicable law, in no event shall the Licensor, its affiliates, or their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) the use of or inability to use the Application; (b) any conduct or content of any third party on the Application; (c) any content obtained from the Application; or (d) unauthorized access, use, or alteration of your transmissions or content, even if the Licensor has been advised of the possibility of such damages.

Indemnification

Users agree to indemnify, defend, and hold harmless the Licensor, its affiliates, and their respective officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with their access to or use of the Application, their violation of these Terms of Service, or their violation of any applicable laws or regulations.

Changes to the terms of service

The Licensor reserves the right to modify, update, or revise these Terms of Service at any time and for any reason. Any changes will become effective upon their posting on the Application or by direct communication to users. Users are responsible for regularly reviewing the Terms of Service and any changes thereto. Continued use of the Application following any changes to the Terms of Service constitutes acceptance of those changes. If users do not agree to the revised Terms of Service, they must stop using the Application and delete it from their devices.

Product claims

Buzzle LLC and the End-User acknowledge that Buzzle LLC, and not Apple and/or Google, is responsible for addressing any claims of the End-User or any third party relating to the licensed Application or the End-User’s possession and/or use of that licensed Application, including, but not limited to:

• (i) product liability claims;
• (ii) any claim that the licensed Application fails to conform to any applicable legal or regulatory requirement; and
• (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.

Legal compliance

You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; that You are not listed on any U.S. Government list of prohibited or restricted parties.

Contact information

For general inquiries, complaints, questions, or claims concerning the licensed Application, please contact Buzzle LLC at support@buzzleco.com.

Termination

The license is valid until terminated by Buzzle LLC or by You. Your rights under this license will terminate automatically and without notice from Buzzle LLC if You fail to adhere to any term(s) of this license. Upon License termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.

Third-party terms of agreements and beneficiary

Buzzle LLC represents and warrants that Buzzle LLC will comply with applicable third-party terms of agreement when using the licensed Application.

In accordance with Section 9 of the "Instructions for Minimum Terms of Developer’s End-User License Agreement," Apple and/or Google and Apple and/or Google’s subsidiaries shall be third-party beneficiaries of this End User License Agreement and, upon Your acceptance of the terms and conditions of this license agreement, Apple and/or Google will have the right (and will be deemed to have accepted the right) to enforce this End User License Agreement against You as a third-party beneficiary thereof.

Intellectual property rights

Buzzle LLC and the End-User acknowledge that, in the event of any third-party claim that the licensed Application or the End-User’s possession and use of that licensed Application infringes on the third party’s intellectual property rights, Buzzle LLC, and not Apple and/or Google, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claims.

Applicable law

This license agreement is governed by the laws of the State of Connecticut, excluding its conflicts of law rules.

Miscellaneous

22.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

22.2 Collateral agreements, changes, and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.