PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING Hourbuddy.
These Terms and Conditions contained herein on this webpage, shall govern your use of Hourbuddy, including all pages within this website and the Hourbuddy App (collectively referred to herein below as the “Service” or "App"). These Terms apply in full force and effect to your use of Hourbuddy and by using the Service, you expressly fully accept all terms and conditions contained herein. You must not use the Hourbuddy App or any of the Service, if you have any objection to any of these Terms and Conditions. By using this service, you agree that you are of at least 18 years of age, or using this site under a parent or guardian’s supervision, and are legally capable of entering into a contract. NEURONDIGITAL LTD, a company incorporated under the laws of Malta on the 14th May 2021, having official number C99146, and its official address at 8, Maranatha, Triq tal-Fieres, Kirkop, Malta (hereinafter referred to as "Hourbuddy" or "we") operates the Hourbuddy application currently available on Google Play.
All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement belong to Hourbuddy, and/or its suppliers, affiliates, or licensors. Hourbuddy or its licensors own and reserve all right, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services. No title to or ownership of any proprietary rights related to the Services is transferred to you pursuant to these Terms. If you provide comments, suggestions and recommendations to Hourbuddy about a Service (e.g., modifications, enhancements, improvements) (collectively, "Feedback"), you are automatically assigning this Feedback to Hourbuddy.
You are expressly and emphatically restricted from all of the following:
You are entirely responsible for the use of Hourbuddy and, to such purpose, You shall not use, encourage, promote, facilitate, instruct (or induce others to do the foregoing) on Hourbuddy any activity that violates any Laws, or for any other illegal, fraudulent, harmful, or offensive purpose, or to transmit, store, display, distribute or otherwise make available to or through Hourbuddy any information, text, pictures, images, graphics, video, messages or any other data or material, however named (hereinafter singularly and collectively referred to as the “User Content”), that is illegal, harmful, offensive, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, inappropriate or that would encourage or constitute a criminal or civil liability under any Laws.
Payment obligations are non-cancellable and fees paid are non-refundable. We reserve the right to suspend our services to you until and amounts due are paid in full.
In order to access certain functionality of the Services, you may be required to pay Premium membership fees. Hourbuddy reserves the right to increase membership fees, any associated taxes, or to institute new fees at any time upon reasonable advance notice.
Hourbuddy is provided “as is,” with all faults, and Hourbuddy makes no express or implied representations or warranties, of any kind related to Hourbuddy or the Data and materials contained on Hourbuddy.
In no event shall Hourbuddy, nor any of its officers, directors and employees, be liable to you for anything arising out of or in any way connected with your use of Hourbuddy, whether such liability is under contract, tort or otherwise, and Hourbuddy, including its officers, directors and employees shall not be liable for any indirect, consequential or special liability arising out of or in any way related to your use of Hourbuddy.
You agree to indemnify, defend, and hold harmless Hourbuddy, its affiliates, officers, directors, employees, agents, licensors and suppliers (the Hourbuddy Parties”) from and against all claims, losses, liabilities, expenses, damages and costs, including, without limitation, attorneys' fees, arising from or relating in any way to your User Content, your use of Content, your use of the App, your conduct in connection with the App or with other App users, or any violation of these Terms of Use, any law or the rights of any third party. You, for yourself and on behalf of your heirs, estate, insurers, successors and assigns, hereby fully and forever release and discharge the Hourbuddy Parties from any and all claims or causes of action you may have for damages relating in any way to your use of the App.
If any provision of these Terms is found to be unenforceable or invalid under any applicable law, such unenforceability or invalidity shall not render these Terms unenforceable or invalid as a whole, and such provisions shall be deleted without affecting the remaining provisions herein.
Modification of Services. Hourbuddy reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof), with or without notice. You agree that Hourbuddy shall not be liable to you or any third party for any modification, suspension or discontinuance of the Services.
Termination. You agree that Hourbuddy may, under certain serious circumstances and without prior notice, immediately terminate your account and/or access to the Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms or other incorporated agreements, policies or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Services (or any portion thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, and/or (g) nonpayment of any fees owed by you in connection with the Services. Termination of your account may include (a) removal of access to all offerings within the Services, (b) deletion of your information, files and Content associated with your account, and (c) barring of further use of the Services. Further, you agree that all terminations for cause shall be made in Hourbuddy's sole discretion and that Hourbuddy shall not be liable to you or any third party for any termination of your account or access to the Services. The following Sections shall survive termination of your account and/or the Terms: Restrictions, Proprietary Rights, Indemnification, Limitation of liability, Severability, Assignment,No warranties, Governing Law & Jurisdiction, Disclaimer.
Hourbuddy is permitted to revise these Terms at any time as it sees fit, and by using Hourbuddy you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of Hourbuddy.
The failure of Hourbuddy to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
Hourbuddy shall be permitted to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification or consent required. However, you shall not be permitted to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
These Terms are governed by, and construed in accordance with the laws of Malta and therefore, the applicable law for any dispute arising out of or relative to these Terms shall be that of the Republic of Malta. Hourbuddy and you agree that any dispute or claim arising out of or in connection with these Terms or its subject-matter, shall be subject to the exclusive jurisdiction of the Malta Arbitration Centre in accordance with the Arbitration Act (Cap. 387 of the Laws of Malta) and the arbitration rules of the Malta Arbitration Centre in force at the time of the dispute. Residual jurisdiction shall be that of the Courts of Malta. Hourbuddy shall retain the right, at its option and for its exclusive benefit, to institute proceedings regarding or relating to your use of the Service in the Courts of law of the country in which you reside.
