Welcome to the ButterflyEffect’s Terms and Conditions of Use (these “Terms”). This is an agreement between you and the ButterflyEffect Group (as defined further below), and we want you to understand your and our rights before using the ButterflyEffect application (“ButterflyEffect” or the “App”). Please take the time to read these Terms carefully before using the App because once you access, view or use the App, you will be legally bound by these Terms (so it is advisable to read them first!).
Guidelines for ButterflyEffect:
1. Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must;
• Be legally permitted to use the App by the laws of your home country. You can create an Account via manual registration. Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission. You’ll have great fun on ButterflyEffect, but if you feel the need to leave, you can delete your Account at any time by going to the ‘Settings’ page when you are logged in and clicking on the ‘Delete account’ link. Your Account will be deleted immediately but it may take a little while for Your Content (defined below) to be completely removed from the App. Your profile information will be treated in accordance with our Privacy Policy. If you delete your Account and try to create a new account within this time period using the same credentials, we will re-activate your Account for you. We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Guidelines. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Guidelines (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these Guidelines, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
Content Types:
• There are three types of content on the Butterflyeffect app: Your Content, Member Content, and Our Content.
• Certain types of content are not allowed on Butterflyeffect. These include: Offensive or harassing language or imagery that may upset or annoy others
• Obscene, pornographic, violent, or otherwise offensive content that may offend human dignity
• Abusive, insulting, or discriminatory content that promotes racism, sexism, hatred, or bigotry
• Content that encourages illegal activities or constitutes a criminal offence
• Defamatory or libellous content
• Commercial content or spam
• Content containing spyware, viruses, or other malicious code
• Content that infringes on third-party rights or privacy
• Content showing another person without their consent
• Harmful content to minors or that promotes harmful behaviours
• Impersonating other persons or entities
• Illegal Activities: Do not use Butterflyeffect to promote or engage in any illegal activities or behaviours that may harm others or yourself.
• Abusive Behaviour: Do not harass, threaten, bully, discriminate, or engage in hate speech or any other form of abusive behaviour towards other users or groups of people on Butterflyeffect.
• The Butterflyeffect Group has a zero-tolerance policy towards objectionable content and abusive users.
• Harmful Behaviours: Do not share any content on Butterflyeffect that promotes self-harm, suicide, or any other harmful behaviours.
• Seek professional help if you or someone you know is struggling with mental health issues.
• Impersonation: Do not impersonate any person or entity or misrepresent your affiliation with any person or entity on Butterflyeffect.
• Personal Information: Do not collect or store any personal information of other users without their consent on Butterflyeffect.
• Automated Scripts:Do not use automated scripts or bots to access or use Butterflyeffect.
• Interference: Do not interfere with the proper functioning of Butterflyeffect or its servers, including attempting to gain unauthorised access or tampering with the app’s code or infrastructure.
• Viruses and Malware: Do not transmit any viruses, malware, or other harmful code through Butterflyeffect.
• Conduct Violations: Do not engage in any other conduct that violates these terms and conditions or applicable laws and regulations while using Butterflyeffect.
• The Butterflyeffect Group takes the safety and well-being of its users seriously and reserves the right to take appropriate action, including suspending or terminating your account and reporting your conduct to the authorities, if it determines that you have violated these terms and conditions or engaged in any other conduct that is harmful or disruptive to the Butterflyeffect community.
Your Content:
At ButterflyEffect, we suggest that you refrain from sharing any personal information to ensure that you stay anonymous. Your Content must comply with our guidelines, as updated from time to time. As Your Content is unique, you are responsible and liable for it, and you will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content. Please do not display any personal contact or banking information on your profile page or any other place within the app. This includes names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/ debit card or other banking details. If you choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use caution when disclosing details about yourself to third parties online, just as you would in any other circumstance. As ButterflyEffect is a public community, Your Content will be visible to other users worldwide instantly. Therefore, make sure you are comfortable sharing Your Content before you post. By uploading Your Content on ButterflyEffect, you represent and warrant to us that you have all necessary rights and licenses to do so. You also automatically grant us a non-exclusive, royalty-free, perpetual, worldwide license to use Your Content in any way. This includes editing, copying, modifying, adapting, translating, reformatting, creating derivative works, incorporating into other works, advertising, distributing, and otherwise making available Your Content to the general public, whether in whole or in part, and in any format or medium currently known or developed in the future. We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you. Please note that we do not have any obligation to store Your Content. Therefore, if it’s important, you should make a copy.
To prevent the unconsented use of Your Content by other members or third parties outside of ButterflyEffect, you authorise us to act on your behalf with respect to such infringing and/or unauthorised uses. This includes sending takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of ButterflyEffect.
Member Content:
Other members of Butterflyeffect will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You may not use other users’ information for commercial purposes, to spam, to harass, stalk, or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
We don’t tolerate misbehaviour in the ButterflyEffect community. If you encounter any abusive behaviour or wish to file a complaint about Member Content, please contact us with a description of the abuse or complaint. You can also report a user directly from their post or chat by clicking the ‘Block & Report’ link. We reserve the right to investigate any possible violations of our Terms, any user’s rights on ButterflyEffect, or any third-party rights. We may terminate a user’s right to use the App immediately and without prior notice, as explained in Section 1, and/or remove any inappropriate, infringing, or unauthorised Member Content submitted to the App. Please note that we don’t control the actions or statements of our users, so you are solely responsible for your interactions with other users on ButterflyEffect. Please be aware that ButterflyEffect Group doesn’t currently perform criminal background checks on its users, and we don’t inquire into the backgrounds of our users or verify their statements. ButterflyEffect Group makes no representations or warranties regarding the behaviour of any user or their compatibility with current or future users.
By using the ButterflyEffect App, you agree to release ButterflyEffect Group and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that may arise directly or indirectly from your interactions with other users on the App. If you’re a California resident, you also waive California Civil Code Section 1542, which states that a general release doesn’t extend to claims that the releasing party doesn’t know about or suspect to exist at the time of executing the release and that, if known, would materially affect the settlement with the released party.
Please note that this release doesn’t apply to any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death, or property damage caused by ButterflyEffect Group’s unconscionable commercial practices or fraudulent, deceptive, false, misleading, or omission of any material fact related to the App.
Fees and Payment Terms:
1. You agree to pay all fees and charges associated with your use of the Services in accordance with the billing terms in effect at the time a fee or charge is due and payable.
2. By providing your credit card or other payment information, you authorise Butterfly Effect to charge your account for all fees and charges due and payable to Butterfly Effect under these Terms of Use without any additional notice or consent.
3. If your health plan, employer, or agency has agreed to pay any portion of the fee, that fee adjustment will be reflected in the fee you are ultimately charged.
4. If you are not covered by insurance or if your coverage is denied, you will be responsible for all expenses incurred, and Butterfly Effect makes no guarantee that you will receive reimbursement.
5. Butterfly Effect reserves the right to modify or implement a new pricing structure at any time before billing you for your initial payment or for future payments due under these Terms of Use.
Termination of Account:
You have the right to deactivate your Account and end your registration at any time and for any reason. Butterfly Effect also has the right to suspend or terminate your use of the App, Account, and/or registration at any time and for any reason. In compliance with applicable law, Butterfly Effect reserves the right to keep, delete, or destroy all communications and materials posted or uploaded to the App according to its internal record retention and content destruction policies. Once your account has been terminated, Butterfly Effect will no longer have any obligation to provide access to your account or information.
Changes to Terms of Use.
At our sole discretion, we may modify, add, or remove parts of these Terms of Use at any time and for any reason, with notice provided for any such changes. If you continue to use the App and/or Services following notice of any changes, you acknowledge and accept such changes and agree to abide by the revised Terms of Use, including any changes made.
AGREEMENT AND DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY:
This Agreement (“Agreement”) is a legally binding contract between you (“User” or “you”) and Butterfly Effect, Inc. (“Butterfly Effect” or “we” or “us”) governing your use of the Butterfly Effect mobile application (“App”) and related services (“Services”).
DISCLAIMER OF WARRANTIES
You acknowledge and agree that the App and Services are provided “as is” and “as available” without any representations or warranties of any kind, express or implied. To the maximum extent permitted by applicable law, Butterfly Effect expressly disclaims all warranties, including but not limited to any warranties of merchantability, fitness for a particular purpose, non-infringement, title, operability, condition, quiet enjoyment, value, accuracy of data, and system integration.
LIMITATION OF LIABILITY
You acknowledge and agree that to the extent permitted under applicable law, Butterfly Effect, Butterfly Effect Professionals, and their officers, employees, directors, parents, subsidiaries, affiliates, agents, or licensors shall not be liable to you for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, or other intangible losses arising out of or related to your use of the App or Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise. To the extent that any implied warranty cannot be disclaimed as a matter of applicable law, the scope and duration of such warranty will be the minimum permitted under such applicable law. In no event shall Butterfly Effect’s liability to you exceed the amount paid by you, if any, for accessing the App or using the Services.
ENTIRE AGREEMENT:
This Agreement, together with any additional terms to which you agree when using particular elements of the App or Services, constitutes the entire agreement between you and Butterfly Effect regarding the use of the App and Services. If any provision of this Agreement is held invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties, and the remaining provisions of this Agreement shall remain in full force and effect. Butterfly Effect’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.
INDEMNIFICATION:
You shall indemnify, defend, and hold harmless Butterfly Effect, its professionals, officers, directors, employees, agents, subsidiaries, affiliates, licensors, and suppliers (collectively referred to as “Indemnified Parties”) from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees and expenses) arising out of or related to your breach of these Terms of Use or your use of the App and Services, including but not limited to any claims alleging facts that if true would constitute a breach by you of these Terms of Use. You shall cooperate fully as reasonably required by the Indemnified Parties in the defence of any such claim. Butterfly Effect reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of Butterfly Effect.
Geographical Restrictions:
Butterfly Effect does not make any representation or warranty that all products, services, and/or materials described on the App or the Services available through the App are appropriate or available for use in all locations outside of the United States and Canada, or all states and territories within the United States and Canada. You acknowledge and agree that it is your responsibility to comply with all applicable laws and regulations in the jurisdiction where you are located or accessing the App and Services from.
MISCELLANEOUS:
These Terms of Use and your use of the App shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to its principles of conflicts of law. No waiver by Butterfly Effect of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition. Furthermore, any failure of Butterfly Effect to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the Terms of Use will continue in full force and effect. Butterfly Effect devotes considerable effort to optimising signal strength and diagnosing deficiencies, but is not responsible for the internet or data bandwidth and signal of your mobile device