These Terms of Use (“Terms”) are the contract terms that govern the use of the begratz app, website, and newsletter (app, website, and newsletter individually and collectively, “app”) and the delivery of any goods and services by begratz Inc. to users in connection with the app.

These Terms are between begratz Inc. (“begratz” “we”, “our”, and/or “us”) and you, the user of the app (“you” and/or “your”). By using one or more of the begratz app, website, newsletter comprising the app, and in exchange for us providing such use and related goods and services we provide to you, you agree to these Terms:

The Privacy Policy and Community Standards also govern your use and our operation of the app and are hereby incorporated into these Terms.
In addition to the app, we may provide other goods and services to you which may be subject to their own terms. Upon your agreement to such other terms, such other terms are automatically hereby incorporated into these Terms.

Permitted Users

To use the app, you must:

be at least 13 years old,
be permitted to use the app under the laws of the applicable jurisdictions,
not be on a financial crimes, sexual crimes, or other criminal watch list that impacts the ability to provide goods or services or otherwise transact business with you by law,
not have been convicted of any sex or violent crimes or be or have been engaged in trafficking minors or anyone else for sex, slavery, or any other purpose, and
not have had your account with us terminated at any time for violation of these Terms or any law.

If you use the account on behalf of a business entity, the business entity must also meet all requirements to use the app, other than being at least 13 years old.
Each time you use the app, you represent and warrant to us that you meet all of the requirements to use the app, and if you are acting on behalf of a business entity, that you have the authority to act on behalf of the business entity and hereby bind the business entity to these Terms as though the business entity itself is also the user.

DISCLAIMERS

THE APP AND THE INFORMATION PROVIDED ON THE APP ARE PROVIDED FOR COMMUNICATION, EDUCATION, COMMENTARY, AND DISCOURSE. THE APP AND THE INFORMATION ARE NOT MEDICAL, PSYCHOLOGICAL, OR OTHER HEALTH ADVICE AND ARE NOT PROVIDED TO PREVENT, DIAGNOSE, CORRECT, TREAT, PROVIDE THERAPY, OR COUNSEL IN ANY MANNER OR BY ANY MEANS FOR ANY DISEASE, ILLNESS, OR OTHER MENTAL, EMOTIONAL, BEHAVIORAL, COGNITIVE, PSYCHOLOGICAL, OR PHYSICAL CONDITION OR SOCIAL, PERSONAL, OR SPIRITUAL RELATIONSHIP. PLEASE SEEK ADVICE FROM A QUALIFIED PROFESSIONAL FOR SUCH SERVICES. THE APP AND THE INFORMATION PROVIDED ON THE APP ARE NOT A SUBSTITUTE FOR PROFESSIONAL CONSULTATION, DIAGNOSIS, OR TREATMENT. THIS WEBSITE, THE APP, AND THE INFORMATION PROVIDED ON THEM HAVE NOT BEEN RESEARCHED OR EVALUATED IN ANY MANNER FOR ANY PURPOSE. RESEARCH FINDINGS AND OTHER INFORMATION ARE BASED ON THE SPECIFIC CIRCUMSTANCES FROM WHICH THEY ARE DERIVED, ARE SUBJECT TO THE LIMITATIONS AND QUALIFICATIONS OF THOSE CIRCUMSTANCES, AND SHOULD NOT BE GENERALIZED TO APPLY TO ALL PEOPLE OR CIRCUMSTANCES. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL, PSYCHOLOGICAL, OR OTHER HEALTH CONDITION OR TREATMENT. NEVER DISREGARD PROFESSIONAL MEDICAL, PSYCHOLOGICAL, OR OTHER HEALTH ADVICE OR DELAY SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THE APP OR USE OF THE APP. RELIANCE ON THE APP AND ANY INFORMATION PRESENTED ON THE APP IS AT YOUR OWN RISK. IF YOU THINK YOU MAY HAVE A MEDICAL, PSYCHOLOGICAL, OR OTHER HEALTH EMERGENCY, CONTACT EMERGENCY SERVICES IMMEDIATELY.
THE APP AND THE INFORMATION PROVIDED ON THE APP ARE ALSO NOT INTENDED TO BE FINANCIAL, LEGAL, OR ANY OTHER TYPE OF PROFESSIONAL ADVICE. PLEASE SEEK THE ADVICE OF YOUR OWN QUALIFIED PROFESSIONAL FOR USE OF THE APP AND ANY INFORMATION ON THE APP AND DO NOT RELY ON THE APP OR THE INFORMATION AS PROFESSIONAL ADVICE FOR ANY SITUATION.
THE APP MAY CONTAIN AFFILIATE VENDOR LINKS WHERE YOU MAY PURCHASE CERTAIN GOODS OR SERVICES. WE MAY EARN A COMMISSION IF YOU CLICK ON A LINK AND MAKE A PURCHASE, INCLUDING POSSIBLY ADDITIONAL PURCHASES WITHIN A CERTAIN PERIOD OF TIME, DEPENDING UPON THE VENDOR. ADDITIONALLY, SOME OF THE LINKS ON THE APP MAY LEAD TO OTHER PAID PARTNERSHIPS OR SPONSORED CONTENT. WE MAY RECEIVE COMPENSATION FOR PROMOTING OR REVIEWING GOODS AND SERVICES IDENTIFIED ON THE APP. WHERE WE PROVIDE MULTIPLE VENDOR LINKS, THE ORDER AND LOCATION IN WHICH THE VENDORS APPEAR MAY BE BASED ON THE AMOUNT OF COMPENSATION PROVIDED TO US. THE GOODS AND SERVICES AVAILABLE THROUGH THESE AFFILIATE LINKS ARE NOT PERSONALLY RESEARCHED, TESTED, GUARANTEED, OR ENDORSED IN ANY WAY, THOUGH WE MAY HAVE RECEIVED GIFTS OF GOODS OR SERVICES TO FAMILIARIZE OURSELVES WITH SUCH GOODS AND SERVICES. THE DECISION TO PURCHASE FROM THE AFFILIATE AND ANY OF THEIR GOODS OR SERVICES IS SOLELY YOURS. EXTERNAL LINKS ON THE APP ARE NOT INVESTIGATED, MONITORED, OR CHECKED FOR ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS BY US. WE MAKE NO REPRESENTATION OR WARRANTY WHATSOEVER ABOUT THE AFFILIATE VENDORS OR THEIR GOODS OR SERVICES. PLEASE DO YOUR OWN RESEARCH BEFORE MAKING ANY PURCHASING DECISIONS, AS WE CANNOT GUARANTEE OR WARRANT THE EFFECTIVENESS, QUALITY, OR SUITABILITY OF THE GOODS OR SERVICES LINKED, PROMOTED, OR DESCRIBED IN THE APP.
UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE APP OR RELIANCE ON ANY INFORMATION PROVIDED ON OR LINKED TO IN THE APP. YOUR USE OF THE APP AND YOUR RELIANCE ON ANY INFORMATION ON THE APP OR LINKED TO IN THE APP IS SOLELY AT YOUR OWN RISK.

License to Use the App

We hereby give you a personal, non-exclusive, non-assignable, non-sublicensable, worldwide, royalty-free, revocable, license to use the app according to these Terms.
The license granted to you is automatically revoked upon your breach of any of these Terms.

Prohibited Activities

In connection with use of the app, you may not directly or indirectly with respect to any person or entity:

violate these Terms,
libel, slander, or otherwise defame,
engage in any illegal activity,
stalk or harass,
impersonate so as to deceive as to your true identity,
provide false or fictitious user account information, provided, however, you may create multiple accounts and use pseudonym usernames,
do any fraudulent or misleading activity,
make fraudulent or groundless complaints,
disclose confidential or private information,
disclose phone numbers, email addresses, physical addresses, or other contact information without permission from the person or entity whose information you are disclosing,
infringe any rights, including intellectual property rights,
fail to pay when due, any payments owed to us,
copy visual, image, textual, auditory, or other content, whether real or simulated (“content”) displayed within the app or shared to third-party applications, or any other data from the app, with automated programs, software, or any other automated means,
create content or otherwise use the app with automated programs, software, or any other automated or non-automated means to the extent that it interferes with our ability to operate the app,
buy, sell, or otherwise transfer:

any content displayed within the app or shared to third-party applications, or any other data from the app, or
app usernames or passwords.

sublicense, sell, lease, rent, or otherwise transfer any rights you have with respect to the app to any third party,
create accounts or claim rights in usernames for accounts without regular activity,
share usernames or passwords,
create accounts or claim rights in usernames of well-known persons, entities, or brands that are not you or for which you own the legal, right, title, and interest in and to for use of this app,
use domain names, URL’s, or other links to a third-party website or application, or executable code,
use the app or any other goods or services we provide in any criminal activity or activity that violates contracts or other rights of others,
introduce, upload, or transmit any malware, viruses, worms, trojan horse, or any other harmful software or malicious code into or from the app, content posted on the app, or content shared with any third-parties,
alter, duplicate, creative derivative works of, decompile, or reverse engineer the app or its components, including any source code,
tamper with or disrupt the app or any other goods or services we provide,
access the app by means other than interfaces we make available to you,
compete with, disparage, or create a parody of the app, or
provide an application or other service with similar look or feel as the app.

Account Information, Maintenance, and Security

You represent and warrant that your account information, including contact information, will be accurate and current at all times and that we may rely on such information, including when contacting and communicating with you.
You will monitor your account to ensure no unauthorized access to or use of your account occurs. You are responsible for all use of your account and use of the app and other goods and services we provide based on use of your account.
You will maintain good security over your devices that can access your account and the app and other goods and services we provide and choose strong passwords as one means of such security.

Content Quality and Nature

We are not responsible for content we do not generate in its original form, including content that we repost or share with third-parties for posting on their platforms. We do not guarantee the truthfulness, accuracy, reliability, completeness, or authenticity of such content, nor do we endorse such content.
You will only create and post content that:

you have the right to post, including all intellectual property rights necessary to post the content and for us and third-parties to exercise our rights in the content under these Terms, and
are willing to have shared publicly, on a global basis, on the app and on third-party applications.

Content you are exposed to may be deemed by you as harmful, offensive, inappropriate, or inaccurate. You consent to such exposure.
The app is not intended to be a means to communicate emergency information and using the app to do so is at your own risk and without liability to us whatsoever.

Content and Community Standard

You may only post content and otherwise use the app consistent with the intent of the app, which is to promote gratitude, celebrate others, and otherwise promote positive affect. You must abide by the Community Standards.

Innovations

You transfer all right, title, and interest in and to all innovations, suggestions for enhancement or improvement, and other ideas you share with us about the app and other goods and services we provide or learn from your use of the app or other goods or services (collectively, “Innovations”), and we are free to use, commercialize, and profit from such Innovations without any obligation for us to compensate you or other obligation to you. We have no obligation to maintain confidentiality of the Innovations.

Delivery of Service and Transfer of Data

To provide the app, we may use our own or third-party software, networks, and other goods and services. We may transfer data about you to third-parties, which may include transferring data to locations within other countries, or providing access to data stored within a country to third-parties outside of the country where the data is stored. We may also transfer your data between our affiliated companies, including those in other countries.
We may change the app and related goods and services at any time, including discontinued, stopped, suspended, increased, decreased, added, or different processes, functions, and features, and altered look and feel, including badges, fonts, and other iconography of the app.

Advertising and Other Promotion and Sales Activity

We may present advertising and other promotion and sales activities to you through content, banners, email and text communications, and other means. We may select, sort, and prioritize advertising based on information we collect from and about you, as well as inferences we make.

Collection and Uses of Data

We provide your information to other companies to provide advertising and other promotion and sales activities, products, and services to you. We also provide anonymized data from you and consulting services about that data to other companies for their business decisions and operations and may be compensated for doing so. You agree to the ways we collect and use your data as stated in the begratz Privacy Policy.

Availability of Usernames and Deletion of Content

We have the right to prohibit the use of any username or delete any of your content for any reason, including:

it is offensive, misleading, harmful, inappropriate, or inaccurate by our standards,
harasses a person or entity,
impersonates a person or entity,
violates these Terms,
violates a law or court order, or
infringes another’s rights.

If we determine any of these exist, in addition to deleting your content, we may assign you an alternate username or terminate these Terms as they relate to you and terminate your use of the app. We may reuse or assign to someone else your username if it or your use of the app violates these Terms.

Sorting and Promoting Content

You agree that we may sort and promote content as we determine appropriate, including by time, our perception of relevancy to you, and our desire to promote certain content, advertisers, or providers of goods and services.

Compensation Earned by Us

We earn fees or are otherwise compensated for advertisements, sale of anonymized collected information, consulting services related to anonymized collected information, and commissions on sales of products and services you purchase. Our revenue may be based on the prioritization or sort order of advertising and other promotion and sales activities, products, and services provided to you.

License to Content and Other Data

You reserve your rights in the content you create, provided, however, you grant us and third-parties a world-wide, non-exclusive, royalty-free, right to use, display, publish, distribute, reproduce, process, transmit, modify, adapt, translate, make derivative works of, sublicense, and transfer to third-parties, in any and all media or distribution methods now existing or later developed, your username, profile picture, likeness, content, including messages, likes, badges, resposts, and other information for any purpose, including advertising, commentary, critique, promotion, and sales. Such uses by us and third-parties is without any compensation owed to you whatsoever.
If you believe that your copyrights in your content or otherwise have been infringed in connection with the app, report the situation to our designated copyright agent by sending an email addressed to [email protected].
Upon termination of these Terms and your use of the app, except as required by applicable law, we have no obligation to delete content or cause deletion of content you or we disseminate to third-parties or which third-parties obtain by recording your content. We also have no obligation to preserve, protect, or store any of your content or other information associated with your use of the app.

Reservation of Intellectual Property Rights

Nothing under these Terms or any other communication or documentation with or from us transfers any intellectual property rights of us or the app to you or any third party other than the revocable, non-sublicensable, right for you to use the app subject to these Terms.

Downloading Software to Your Devices

We may download software and other executable code and data, including cookies and updates to cookies, to your devices to provide the app and its related goods and services, gather information about your use of the app and the app’s performance, and monitor safety, security, privacy, and compliance with the Terms.

Indemnification

You will defend and hold harmless us and our owners, officers, directors, and employees, if we request it, and in any and all circumstances, indemnify us and our owners, officers, directors, and employees, for any and all damages, liabilities, fines, claims, expenses, and costs, including attorneys’ fees (collectively, “Losses”) we incur because of your breach of these Terms or use of the app or other goods and services we provide.

NO WARRANTY AND NO RESPONSIBILITY FOR THIRD-PARTIES

THE APP, INCLUDING ITS CONTENT AND ALL GOODS AND SERVICES PROVIDED BY US, ARE PROVIDED "AS IS", “WHERE IS”, “WITH ALL FAULTS”, AND WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
WE MAKE NO WARRANTY REGARDING AVAILABILITY, UPTIME, TIMELINESS, SECURITY, PRIVACY, OR RELIABILITY OF THE APP OR ANY OTHER GOODS OR SERVICES WE PROVIDE OR THIRD-PARTIES PROVIDE.
WE ARE NOT RESPONSIBLE FOR LOSSES FROM ANY ACTION OR INACTION OF ANY THIRD-PARTY THAT ARISES OUT OF OR IS RELATED TO THE USE OF THE APP UNDER ANY CIRCUMSTANCES, INCLUDING IF WE LINK TO THE THIRD PARTY. YOU HOLD US HARMLESS FROM ANY AND ALL SUCH LOSSES.

DAMAGES LIMITS AND EXCLUSIONS

EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, ANY LOSSES ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE APP OR OTHER GOODS AND SERVICES WE PROVIDE OWED BY BEGRATZ SHALL BE LIMITED TO THE LESSER OF: (I) THE AMOUNT YOU PAID US IN THE 12 (TWELVE) MONTHS PRECEDING THE TRANSACTION OR OCCURRENCE GIVING RISE TO THE LOSSES, AND (II) US$100.00 (ONE HUNDRED AND 00/100 US DOLLARS).
IN CONNECTION WITH ANYTHING ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE APP OR OTHER GOODS AND SERVICES WE PROVIDE, IN NO EVENT SHALL BEGRATZ BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, LOST PROFITS OR REVENUES, OR LOSS OF DATA, LOSS OF USE, LOSS OF GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE APP OR OTHER GOODS AND SERVICES WE PROVIDE, WHETHER INCURRED DIRECTLY OR INDIRECTLY, WHETHER IN CONTRACT, TORT, EQUITY, OR OTHERWISE, EVEN IF BEGRATZ HAS BEEN ADVISED OF OR COULD OR SHOULD HAVE FORESEEN THE POSSIBILITY OF SUCH LOSSES AND EVEN IF A REMEDY IS DETERMINED TO FAIL ITS ESSENTIAL PURPOSE.

Revisions

We may revise these Terms at any time upon giving you notice that the Terms of Use are revised. Your continued use of the app constitutes acceptance of the revised Terms of Use. These Terms may not be modified by you without our prior written consent.

Termination

Either us or you may terminate these Terms as they relate to you and cease your use of the app at any time, for any reason or no reason.
We may delay or suspend your request for termination of these Terms as they relate to you and use of the app to investigate use of the app and enforce these Terms, and to comply with requests or orders from investigative or judicial authorities.
Whether or not you terminate these Terms as they relate to you and cease your use of the app, we may retain a copy of all of your account data and content to comply with law and requests or orders from investigative and judicial authorities, customary data retention practices for accounting and legal purposes, and to investigate use of the app and enforce these Terms.
We may reuse or assign to someone else your username upon termination of these Terms as they relate to you and termination of your use of the app.

Interpretation

The word “including” and its variants, including “include” and “includes” shall be construed so that the items within the stated set as included are merely examples of, and not the complete set of, including items. In other words, “including” shall be interpreted as, “including, without limitation”.
Captions and headings of sections and paragraphs are for convenience shall not be used to interpret the meaning of these Terms.

Integration

These Terms constitute the entire agreement between us and you concerning the app and related goods and services provided by us and supersede all prior or contemporaneous understandings, agreements, negotiations, and communications, whether oral or written.
If any provision of these Terms is determined to be unenforceable, all other provisions shall remain in full force and effect.

Governing Law, Dispute Resolution, and Forum

These Terms are governed by the laws of the State of Minnesota, United States of America, without giving effect to its conflicts of laws principles.
WHEN PERMITTED UNDER APPLICABLE LAW, ALL DISPUTES ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE APP OR OTHER GOODS AND SERVICES WE PROVIDE SHALL BE RESOLVED BY BINDING ARBITRATION CONDUCTED ACCORDING TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. SUCH ARBITRATION SHALL BE CONDUCTED IN ENGLISH AND WHERE IN-PERSON APPEARANCE IS REQUIRED, SHALL BE LOCATED IN HENNEPIN COUNTY, MINNESOTA.
WHERE ARBITRATION IS NOT PERMITTED OR A DISPUTE MUST BE RESOLVED CONCERNING WHETHER A MATTER IS SUBJECT TO ARBITRATION OR IS OTHERWISE OUTSIDE THE SCOPE OF AN ARBITRAL MATTER, SUCH DISPUTE SHALL BE RESOLVED BY THE COURTS OF THE STATE OF MINNESOTA, OR THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MINNESOTA, AND LOCATED IN HENNEPIN COUNTY, MINNESOTA.
FOR ARBITRATION AND COURT MATTERS, YOU WAIVE ANY RIGHT TO CLAIM THAT SUCH FORUM OR LOCATION IS INCONVENIENT FOR YOU OR THE PRESENTATION OF YOUR CASE. YOU ALSO AGREE AND SUBMIT TO THE JURISDICTION OF SUCH ARBITRATION PROVIDER AND COURTS.
ANY ARBITRATION OR COURT CASE ARISING OUT OF OR RELATED TO THESE TERMS OR USE OF THE APP OR OTHER GOODS AND SERVICES WE PROVIDE SHALL BE COMMENCED, MAINTAINED, OR PARTICIPATED IN BY YOU AND US IN OUR INDIVIDUAL CAPACITIES ONLY AND NOT AS A CLASS ACTION OR OTHER REPRESENTATIVE ACTION, AND YOU AND WE EXPRESSLY WAIVE OUR RESPECTIVE RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS.
YOU MAY CHOOSE TO NOT AGREE TO SUBMIT YOUR CLAIMS TO BINDING ARBITRATION BY GIVING US NOTICE OF SUCH CHOICE NO LATER THAN THE DAY THAT IS THIRTY (30) DAYS AFTER THE DATE YOU FIRST AGREED TO THESE TERMS FOR THE FIRST ACCOUNT YOU CREATED FOR THE APP. TO GIVE US SUCH NOTICE, SENDING US AN EMAIL CLEARING STATING SUCH CHOICE ADDRESSED TO [email protected]
Before seeking resolution in arbitration or court, you must first submit a claim for dispute resolution to us directly to try to have it resolved before submitting a claim to arbitration or a court. You may submit such a claim by describing your concerns in an email addressed to [email protected].
The governing language of these Terms is English. These Terms may be translated into other languages, but in any enforcement activities of or related to these Terms, the English language version shall apply and supersede any other language version of these Terms.
Terminating these Terms as they relate to your use and terminating your use of the app are not our exclusive remedies for your breach of these Terms or Losses related to your use of the app or other goods and services we provide. We retain all of our rights and remedies at law and in equity and all of our rights are cumulative.
The failure by us to enforce these Terms in any one instance shall not be a waiver of our right to enforce these Terms in any other instances.
IF YOU ARE A SOVEREIGN ENTITY OR OTHERWISE HAVE IMMUNITY FROM SUIT, YOU WAIVE SUCH IMMUNITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS APP OR ANY OTHER GOODS AND SERVICES WE PROVIDE
GIVEN THE NATURE OF USE OF THE APP AND THE CONTENT, INCLUDING FLEETING, INTERMITTENT, AND CONTEXTUAL, YOU AGREE TO GIVE US NOTICE OF A CLAIM AGAINST US ARISING OUT OF OR RELATED TO THIS APP OR OTHER GOODS AND SERVICES WE PROVIDE AS SOON AS POSSIBLE AND IN NO EVENT LATER THAN SIX (6) MONTHS OF THE TRANSACTION OR OCCURRENCE GIVING RISE TO THE CLAIM, AND BRING ANY CLAIMS AGAINST US TO ARBITRATION OR COURT WITHIN ONE (1) YEAR OF THE TRANSACTION OR OCCURRENCE GIVING RISE TO THE CLAIM. IF A CLAIM IS NOT BROUGHT WITHIN SUCH ONE (1) YEAR PERIOD, YOU WAIVE AND RELEASE SUCH CLAIM.

Assignment

We may assign these Terms as they relate to you to any third-party at any time, including pursuant to a merger, acquisition, sale, or restructure.
You may not assign these Terms as they relate to you to any third-party.

Survival

All terms relating to indemnification, limitation of damages, exclusion of damages, governing law, dispute resolution, and forum, and all terms by which given their nature must survive termination of these Terms to be given effect, survive termination of these Terms.