Terms of Service
Last Updated: April 24, 2020
Thank you for choosing IdeaBuddy.
The website ideabuddy.com (“Site”), is owned and operated by Deep Blue Sea Studio DOO, Serbia (“Deep Blue Sea Studio”). It allows users to sign up and to use our software product IdeaBuddy, which is a web-based subscription service that enables you to plan, model and develop your business ideas. IdeaBuddy is at times referred to in these Terms of Service as the “Service.”
These Terms of Service (“The Agreement”) form a legally binding contract between you and Deep Blue Sea Studio. Please review this Agreement carefully.
Upon entering this agreement, you have the right to require a non-electronic signature or to receive non-electronic records to the extent permitted under applicable law. In addition, you must agree to be bound by the Terms in their entirety to be permitted to access the Site, use the Services (defined below), or download, install, or use the Software or Content.
The Service is provided for a fee, although certain of the services contained therein may be provided free of charge, during a free trial period. Upon gaining permission to use the Site, you will be able to access your Account and use our Service. Deep Blue Sea may also send you newsletters from time to time.
We ask that you judiciously read these Terms, and in is our sincere hope that you enjoy using our Site and Services.
Service and Site Use and Registration
By agreeing to these Terms, you affirm that you comply with the following admissibility terms. If you are acting on a company’s behalf, you agree that any company end-user or employee will be granted permission to access the Site, its services, and use purchased or otherwise accessible licensed Site Software, and shall accept and comply with these Terms as well.
Eligibility: You are eligible to enter into this agreement if:
- you have not in any way been prohibited by any competent authority, judicial act or jurisdictional law to enter into any legal agreement;
- you are 18 years of age or older;
- If the Service is to be accessed and used by an individual (the User) under the age of eighteen (18) or the age of legal eligibility and capacity in the applicable jurisdiction, you hereby attest that you are the legal guardian of the individual in question, that you both have read and agreed to these Terms, and that, subject to these Terms, you have approved of the User’s present and continued use of the Service;
- Deep Blue Sea Studio has not prohibited you from entering an agreement with Deep Blue Sea Studio at any previous time, nor has your account and/or your use of the Service been obstructed, deferred, or terminated by Deep Blue Sea Studio at any time and for any reason;
- you do not reside in any outlawed state, nor are you in any way associated with or a member of a terrorist organization;
- you are using the Service and/or entering these Terms on behalf of a company, you have the authority to legally bind said company to these Terms, and you have been sanctioned by, and hold the necessary and required consents of said company to enter into and be bound by these Terms on said company’s behalf.
Personal Use Only: You may choose to subscribe to a Subscription Plan (as defined on our pricing page https://ideabuddy.com/pricing/) that allows you to use our Service. The subscription and its associated license are for your personal, non-commercial use only. You are not permitted to sell, rent, or distribute the license and any related services, nor are you permitted to commercialize, or publish the license and any related services to a third party.
Appropriate and Restricted Use: You shall only use the Services in a lawful manner and in accordance with these Terms, you shall not allow a third party to use the Services in any way, shape, or form, and you shall not:
- impair, interfere with, or disrupt or delay the operation of the Services;
- harass, intimidate, or threaten any person or disrupt computer system operations in any way, including sending spam, malware, or unsolicited messages;
- infringe upon or violate a person’s rights, including their right to privacy and their intellectual property rights; and you may not collect private data about any users of the Service without having received their express consent;
- use automated means such as software crawlers, scripts, or robots to gather, accumulate, or process data made available via the Service, nor shall you export, extract, download or store any Content, data or other materials said Service provides;
- create a database, offer “Software as-a-Service” (SaaS,) or use a hosting service or any other means to distribute or resell the Services, Content, or other data and materials contained within or available via the Services;
- sanction, instigate, allow, or in any way permit any third party to do any of the foregoing;
- use the Services for any illegal, unethical, or unauthorized purpose, or any purpose which may in any way in Deep Blue Sea Studio’s discretion harm Deep Blue Sea Studio’s good name and goodwill.
You shall not create any script, software, or intrusive code or component that is harmful or potentially harmful to, or impairs, disrupts, devalues, or adds any non-sanctioned functionality to the Services.
This includes transmitting or making available in connection with the Services any type of web bug, virus, worm, Trojan Horse, time bomb, spyware, or any other computer code, program, or file that may damage or is intended to damage or hijack the operation of Deep Blue Sea Studio hardware, software, or telecommunications equipment.
No License: Except as explicitly licensed under these Terms, you are prohibited from using or sharing any of Deep Blue Sea Studio’s intellectual property or that of its end users.
Profile Information and Account
You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your email address, allows you to access the Services. That email address and password, together with any or other user information you provide, form your "Profile Information" and allow you to access your account ("Account"). You agree to provide true, accurate, current and complete information about yourself and to immediately provide updated information as your circumstances change. You may not misrepresent your Profile Information.
Verifying Your Account: When registering to the Services, Deep Blue Sea Studio may verify your identity through other services and, according to its sole discretion, may require additional data or identification.
If you register through electronic mail, Deep Blue Sea Studio may elect to verify your email address by sending an electronic notification to the address you provide. In said notification, Deep Blue Sea Studio may include information or links that will serve to verify your identity as the owner of the email address. Once your identity has been authenticated, Deep Blue Sea Studio will set up a registered account in your name.
Securing Your Account: In accordance with the sensitivity of data stored on the service, and any potential risks to the data involved in using the Service, you shall be required to create a password and use said password to access your Account.
Preserving the confidentiality of your Account, your username, and your password is your sole responsibility. In addition, you agree to accept sole responsibility for all activities that occur under your Account.
One Account for One Person: It is Deep Blue Sea Studio’s policy to have one Account for one person, and one person for one Account. You may not hold more than one Account, nor can you allow others access to your Account.
If you are a company or are using the Account on behalf of a company, you can allow access to one employee, and one employee only, and only when that person has been authorized to access the Account on your behalf.
You hereby signify and acknowledge that, unless you have explicitly notified us otherwise, anyone accessing or seeking access to your company Account has the requisite consents and authorizations and is acting on your behalf.
You also acknowledge that any act or omission in connection with such use by another person is as if those acts or omissions were yours and you retain responsibility for any loss, disruption, or damage such act or omission may cause.
Sharing your Account Credentials: You are expressly prohibited from sharing your username and password with any other individual or third party.
Notification of Abuse: You are required to inform Deep Blue Sea Studio immediately, at email@example.com in any instance that causes you to have reason to believe your account has been hacked or is no longer secure, or if you have been informed of actual or possible unsanctioned use of your IdeaBuddy account whether such use was intended or unintended.
Deep Blue Sea Studio’s Liability: Without detracting from any restriction of liability under these Terms, Deep Blue Sea Studio shall not be liable in any instance where you have not adhered to these security standards. Deep Blue Sea Studio will be unable to assist you in any manner if you fail to apply its security guidelines as published periodically.
Content Ownership, Intellectual Property Rights
All right, title, interest and ownership and intellectual property rights in and to the trademarks and the Site, including but not limited to its "look and feel" (e.g., text, graphics, images, logos, buttons, icons and the placement and layout thereof), images, video, audio, data, content, software and other media, material or information, other than user Content, are and will remain the property of Deep Blue Sea Studio and its licensors. The Site and the Service is protected under Serbia and international copyright, trademark and other laws and treaties.
“Intellectual Property Rights” addresses and includes the rights defined in, and applicable to, copyrights, trade secrets, service marks, and trademarks. Patents, know-how, similar intellectual property rights, and any legal, moral, or ethical rights of any type under the laws or regulations of any foreign or domestic governmental, judicial, or regulatory authority also fall under the Intellectual Property Rights umbrella.
Restrictions. Except as explicitly permitted under these Terms, the Content may not be used or made available to others for any purpose or in any way, shape, or form.
Subject to the terms and conditions of this Agreement, we grant to you, during the term of this Agreement, a personal, non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access the Site and use the Services that are subject to a valid Subscription.
DEEP BLUE SEA STUDIO DOES NOT CLAIM ANY OWNERSHIP IN ANY OF THE CONTENT, INCLUDING ANY OF YOUR BUSINESS IDEAS, TEXT, DATA, INFORMATION, IMAGES, PHOTOGRAPHS, MUSIC, SOUND, VIDEO, OR OTHER MATERIAL, THAT YOU ENTER, UPLOAD, TRANSMIT, OR STORE IN YOUR IDEABUDDY ACCOUNT. YOUR IDEAS WILL REMAIN SECURE AND COMPLETELY CONFIDENTIAL. THE ENCRYPTION PROCESS PROTECTS YOUR PRIVATE DATA 24/7, SO NO ONE CAN ACCESS IT WITHOUT YOUR PERMISSION.
All of entries and uploads in your IdeaBuddy account will be stored one month after the expiry of your subscription and then will be deleted permanently.
Deep Blue Sea Studio reserves the right to access, read, preserve, and disclose any information and Content as it reasonably believes is necessary to: (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues (including, without limitation, the filtering of spam), (d) respond to User support requests, or (e) protect the rights, property, or safety of Deep Blue Sea Studio, its Users and the public.
Deep Blue Sea Studio will only retain, use, or disclose the Personal Data processed on behalf of its users for the specific purpose of performing the Services or as otherwise permitted by applicable privacy laws.
Deep Blue Sea Studio will not be responsible or liable for the exercise or non-exercise of its rights under these Terms of Service.
You may, but are not required to, provide Deep Blue Sea Studio with input, suggestions, data, materials and/or feedback with respect to the Services, Software and/or the Content in connection with your use thereof (“Feedback”).
Deep Blue Sea Studio shall own all rights, title, and interest in and to any aforementioned Feedback, and may use or incorporate such Feedback into the Services, Content, and/or Software at its discretion.
You acknowledge that any ideas, suggestions, concepts, processes or techniques (other than your Content) which you provide to us related to the Services, the Site or Deep Blue Sea Studio or it’s business ("Feedback") shall become our property without any compensation or other consideration payable to you by us, and you do so of your own free will and volition. We may or may not, in its sole discretion, use or incorporate the Feedback (in whatever form or derivative we may decide) into the Site, its software, services, documentation, business or other products, or any future versions or derivatives of the foregoing. You hereby assign all rights on a worldwide basis in perpetuity to us in any Feedback and, as applicable, waive any moral rights.
User Representations and Warranties
You are solely responsible for your Content and the consequences of uploading, storing, transmitting, or otherwise distributing Content to and/or from your account. Except as set forth herein, Deep Blue Sea Studio will not use any of Content for any purpose except to provide you with the Service.
By uploading, storing, transmitting, or otherwise distributing Content, you affirm, represent, and warrant that:
- the Content and any use of it does not and will not: (i) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, (ii) violate any securities law or regulation in any jurisdiction, or (iii) slander, defame, or libel any other person; and
- the Content does not contain any viruses, adware, spyware, worms, or other malicious code.
Violators of any third-party rights may be subject to criminal and civil liability. Deep Blue Sea Studio reserves all rights and remedies against any Users who violate these Terms of Service.
Deep Blue Sea Studio shall not be liable for any damages resulting from or arising out of the Service, Site, Software, or Content. These include direct or indirect, incidental, singular or unusual, or consequential damages of any kind affecting the use or resulting in an inability to use any of the foregoing, including failure of any of the foregoing to perform as represented or expected.
Such damages include the loss of goodwill, data or profits, the performance or failure to perform under these terms, together with any act, omission, or cause, including and without restrictions, any damages that may arise from any third party service’s conduct.
To the extent permissible under the law as it applies to you and/or your use of the Service, Site, or Content, and without detracting from the aforementioned, no action may be brought by you after one (1) year has elapsed following the occurrence of such cause of action against Deep Blue Sea Studio or any of its employees, directors, officers, affiliates, or end-users for any cause whatsoever, including the breach of these terms.
The foregoing restrictions, exclusions, and disclaimers shall apply to all claims for damages, whether based on a contractual action, on negligence, on a warranty, strict liability, negligence, tort, or otherwise.
You hereby acknowledge and agree that these restrictions of liability are agreed to apportionments of risk comprising in part the consideration for Deep Blue Sea Studio’s Site, Content or Services offered to you, and such restrictions will apply notwithstanding the failure of essential purpose of any limited remedy, and even in the instance where Deep Blue Sea Studio and/or any Deep Blue Sea Studio affiliates have been advised of the possibility of such liabilities and/or damages.
Notwithstanding anything to the contrary, and without detracting from the foregoing restrictions, Deep Blue Sea Studio’s total liability to you shall not exceed the amounts you paid for a Deep Blue Sea Studio Subscription Plan over the 12 months immediately preceding the occurrence of the cause of action.
User fully recognizes by agreeing to the terms herein that Deep Blue Sea Studio and its affiliates provide no guarantees as to the performance, exactness, functionality or appropriateness of the Service, or Content for any given purpose. Deep Blue Sea Studio does not guarantee or make any interpretations regarding the use, the inability to use or operate, or the results of the use of the content available on the service.
The Service, Site and Content, and any part thereof, are provided on an “as is” and an “as available” basis, without guarantees of any kind, whether expressed or implied, including guarantees of title or title non- infringement, or implied guarantees pertaining to use, merchantability, or fitness for a particular purpose or use.
The Site may display ads, although Deep Blue Sea Studio neither endorses nor monitors these ads or their content; nor is Deep Blue Sea Studio responsible for the foregoing, even in those instances they appear to be affiliated with Deep Blue Sea Studio.
Modifying These Terms
Deep Blue Sea Studio may modify or change these Terms from time to time with or without notice, and such changes will become effective immediately. If you conclude a modification or change is not acceptable to you, you may terminate these Terms. However, it should be noted that any changes made to these Terms shall not have a retroactive effect. It is important therefore to periodically inspect these Terms for changes, amendments, and modifications, and you are strongly advised to do so.
Payment, Refund, Upgrading and Downgrading
When you purchase a Subscription Plan, your subscription will be billed in advance at the beginning of each billing period. It will automatically be renewed at the end of the given subscription period.
Rates: Deep Blue Sea Studio may from time to time determine, establish, or modify monthly and annual rates or one-time fees for the use of the Service.
The Service is billed in advance on a monthly or annual basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made;
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
If you decide to upgrade from one plan to the other, your existing paying plan will end and you will be billed for your first month immediately upon upgrading; by default, when changing plans, our merchant service provider (Paddle) will prorate the subscription costs.
All your entries in the IdeaBuddy account will be saved when you do the upgrade. Downgrading of the Service may cause the loss of Content, features, or capacity of your Account. Deep Blue Sea Studio does not accept any liability for such loss.
For any upgrade or downgrade in plan level, your credit card or other payment method that you provided will automatically be charged the new rate on your next billing cycle.
Deep Blue Sea Studio may, according to its sole discretion, terminate these Terms, the Service or any service provided by it for any reason, whether the termination applies to all users or just to you.
These Terms may be terminated for any cause and for no cause, including and without restriction if Deep Blue Sea Studio believes you have breached these Terms or acted in a manner that may harm Deep Blue Sea Studio or the Services. Deep Blue Sea Studio may, in accordance with its sole discretion, abstain from providing the Services or any part thereof, with or without prior notice.
You hereby understand and agree that any termination of your access to the service or services may apply without prior notice, and you fully recognize that Deep Blue Sea Studio may terminate the services immediately or remove your Content.
Moreover, Deep Blue Sea Studio shall not be liable for any damage caused to you or any third-party as a result of said termination proceedings, or by suspending or otherwise limiting your use of the Services.
However, in any case, where Deep Blue Sea Studio shall terminate these terms for reasons not due to any breach of these terms on your part, Deep Blue Sea Studio shall continue to provide you with Services for the Subscription term you paid or refund the unused portion of your pre-paid subscription fees; according to your preference.
You hereby guarantee to reimburse and hold Deep Blue Sea Studio and its affiliates, officers, directors, employees, and agents harmless for any claims, damages, obligations, losses, liabilities, costs and expenses including, but not limited to, attorney’s fees that arise due to any breach of obligations and responsibilities on your part under these Terms or relate to your use or inability to use the Service, Content, Software or the Site. This reimbursement shall be made promptly, in accordance with Deep Blue Sea Studio’s request.
These Terms constitute the entire agreement between Deep Blue Sea Studio and yourself. It shall only be revised by a written instrument. Any waiver, delay, or withholding by Deep Blue Sea Studio to enforce its rights shall not be construed as being an amendment to said agreement.
Deep Blue Sea Studio may assign any and all rights or obligations under these Terms and/or under any Subscription Plan to any third party. This applies without any restriction to an affiliate, and/or in the event of a merger, the acquisition or sale of all or the bulk of its shares or assets, or such part of its assets underlying these Terms, with or without notice. These terms will adjust to the benefit of any Deep Blue Sea Studio successor.
These terms of service shall be exclusively governed by the laws of the Republic of Serbia without regard to its conflict of laws rules, and any dispute arising from it shall be exclusively brought to the courts of the Belgrade district.
Notwithstanding the foregoing, we may seek injunctive relief in any court of competent jurisdiction. You agree that any cause of action that you may have that arises out of, or is related to these Terms, must be initiated within one year after the cause of action accrues. Otherwise, such a cause of action is permanently barred.
No Class Action
You agree not to undertake nor engage in any class action suit against Deep Blue Sea Studio, and to personally and solely claim any losses.
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