Terms and Conditions and End User License Agreement

You are now reading our Terms and Conditions and End User Licence Agreement. These terms (the “Terms”) apply to Bodacious Club our iOS mobile application (our “App”) and constitute a legal agreement between you and Bodacious Club Ltd of 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ ​(“Bodacious”, “we”, “us” or “our”).

TERMS OF USE

The provisions set out in these Terms govern your access to and your use of our App and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our App. Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive, and non-transferable licence to use our App on these Terms. We reserve the right to change, modify, suspend, or discontinue any portion of our App and/or other software provided by us in connection with our App at any time. You agree that access to or operation of our App may from time to time be interrupted or encounter technical difficulties.

LICENSE GRANT

Our App is only available through accessing (or downloading from) the Apple App Store (“App Store”). Your use of our App is also governed by any applicable agreements you have with Apple (“App Store Agreement”). In the event of a conflict between the App Store Agreement and these Terms with respect to your use of our App, these Terms will take priority. So long as you comply with these Terms and, as applicable, the App Store Agreement, we grant you the following licence: a personal, non-exclusive, non-transferable, non-sublicensable limited right and licence to (i) download and install our App on the device permitted by the App Store Agreement, and (ii) access and use our App, including any Content, for your personal entertainment purposes, leveraging only the functionality of our App. We and our licensors reserve all rights not granted to you in these Terms. “Content” means all artwork, titles, themes, objects, characters, names, dialogue, catch phrases, stories, animation, concepts, sounds, audio-visual effects, methods of operation, musical compositions, and any other content within our App. Content also includes anything generated, created, or that is otherwise developed within our App by any user (including you) as a result of interaction with the functionality of our App. We may, in our sole discretion, remove, edit, or disable any content for any reason.

APPLE DEVICE LICENCE CONDITIONS

The following terms apply when you use and access our App: we are responsible for providing any maintenance and support services with respect to our App, you acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to our App. you must comply with the App Store Agreement when using our App, you acknowledge and agree that Apple is a third-party beneficiary of the terms and conditions in this Licence, and that Apple will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this Licence against you as a third-party beneficiary thereof.

ACCOUNT AND PASSWORD

The services are provided via a dedicated account. You are responsible for keeping your account confidential. By registering for an Account which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our App, you agree and acknowledge that: you have read the terms set out in these Terms and agree to be bound by and comply with them; and you must be at least 18 years of age. You are also responsible for any use of any account that you have access to, whether or not you authorised the use. You will immediately notify us of any unauthorised use of your accounts. You are solely responsible for any losses, damages, fees, or liability due to your lost, stolen, hacked, or otherwise compromised account.

ACCOUNT SUSPENSION AND TERMINATION

We reserve the right, at its sole discretion, to suspend or delete, at any time and without notice, user accounts which it deems inappropriate, offensive, or in violation of these terms. We will determine, in our discretion, whether there has been a breach of our acceptable use requirements through your use of our App. When a breach of this agreement has occurred, we may take such action as we deem appropriate. Failure to comply with these Terms constitutes a material breach of these Terms upon which you are permitted to use our App, and may result in our taking all or any of the following actions: immediate temporary or permanent withdrawal of your right to use our App; immediate temporary or permanent removal of any services rendered; issuance of a warning to you; legal proceedings against you for reimbursement of all costs on an indemnity basis (including but not limited to reasonable administrative and legal costs) resulting from the breach; further legal action against you; and/or disclosure of such information to law enforcement authorities as we reasonably feel is necessary. We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

SUBSCRIPTIONS

Access to certain premium features of our App requires payment of fees before you can access or use them (“Fees”). These Fees will be notified to you through the App and processes exclusively through our Payment Service Provider RevenueCat. Any Fees due in relation to your subscription must be paid by their due date for payment, as notified to you. Failure to make timely payment of the Fees may result in the suspension or termination of the services. Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees. You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms. All payments shall be made by using the payment methods specified. You acknowledge and agree that you are subject to RevenueCat’s Services Agreement. We shall not be liable for any failure, disruption, or error in connection with your chosen payment method. We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off, or counterclaim whatsoever. Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our add-ins, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred. Your subscription can only be cancelled directly with us, not via the Apple App Store. Depending on the period selected by you, the subscription shall be automatically renewed for the same period, unless you cancel it within the specified period of 24 hours to the end of the respective period.

CHARGEBACKS

You agree to contact us prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any transaction. If you make a card payment through our website, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and/or pursue legal action as the case may be.

ADVERTISERS

We allow advertisers to display their advertisements, links, and other information in certain areas of our App. Advertisers take full responsibility for any advertisements placed in our App and any services provided or products offered through those advertisements. We simply provide the space to place such advertisements and links, and we have no responsibility over any advertisements placed in our App or other relationship with advertisers.

CONTENT STANDARDS

These content standards apply to any and all information and material which you post or upload on our App (“Contributions”). You must comply with the spirit of the following standards as well as the letter. The standards Apply to each part of any Contribution as well as to its whole. Contributions must comply with applicable law, in particular, the laws of any country from which they are posted. You shall be responsible for ensuring all Contributions are up-to-date, authentic, truthful and accurate. You shall be responsible for the origin of the Contributions and must ensure that you either have all ownership rights to the Contributions posted or all rights and/or consents or licences allowing you to upload and post the Contributions to and on our App. Contributions must not: infringe any intellectual property right of any other person; be made in breach of any legal duty owed to a third party, such as a contractual duty, a duty of confidence, or any duty arising under law; contain any material which is defamatory of any person, obscene, offensive, or inflammatory or promotes any illegal activity, discrimination, violence, or ill-will and hostility; be threatening or abusive, invade another’s privacy, or cause or be likely to cause annoyance, alarm, inconvenience, or needless anxiety to any other person; be used to impersonate any person, or to misrepresent your identity or affiliation with any person; give the impression that they emanate from us, if this is not the case; or advocate, promote, or assist any unlawful act or otherwise contain any material which is criminal in nature. You may use our App only for lawful purposes. You may not use our App: in any way that breaches any applicable local or international laws or regulations; in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect; to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware. You also agree: not to reproduce, duplicate, copy or re-sell any part of our App in contravention of the provisions of our Terms; and not to access without authority, interfere with, damage, or disrupt: any part of our App; any equipment or network on which our App is stored; any software used in the provision of our App; or any equipment or network, or software owned or used by any third party. We reserve the right to request that you amend or delete the Contributions if it is found that any of the Contributions posted by you is in contravention of this acceptable use policy. Where you choose to terminate your account with us, you may delete all previous Contributions made by you and retain a copy of the same.

UPLOADING CONTENT TO OUR APP

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our App complies with our Privacy Policy, with the UK`s Data Protection Act (“DPA”), the EU's General Data Protection Regulation (GDPR), and any other applicable laws. You are fully responsible for your content uploaded to our App. We will not be responsible, or liable to any third party, for: the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our App; or the loss of any content or data provided to us by you. You should keep a record of all such content and data. We will only use the content uploaded by you for the purposes of carrying out the services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction, or any governmental or regulatory authority. We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymised and used only for the purposes of improving the services and our response to users of the App. We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our App constitutes a violation of their rights under applicable law. We have the right to delete any content uploaded to our App if, in our opinion, it does not comply with the content standards set out.

CONTRIBUTION LICENCE

By posting your Contributions to any part of the App or making Contributions accessible to the App you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use, copy, reproduce, disclose, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorise sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels. 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 on the App. You are solely responsible for your Contributions to the App, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions. We have the right, in our sole and absolute discretion, to edit, redact, or otherwise change any Contributions; to re-categorize any Contributions to place them in more Appropriate locations on the App; and to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

WARRANTIES AI CONTENT AND CONSULTANT DISCLAIMER

While we make all efforts to maintain the accuracy of the information in our App, we provide the services and all related content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the services or our App. [Insert Short Company Name] cannot guarantee that the AI generated content and information and content and the provision of the content of our services and on our App will always be correct or fault, error and virus free. [Insert Short Company Name] does not accept liability for incorrect content or errors and omissions in Services and on our App or its content (whether of legal, typographical, technical, or other nature). To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App or any services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the services, our App, the related content, or electronic communications sent by us are free of viruses or other harmful components. As part of the services, you may have access to AI-generated content and information. Any information about and generated by AI is provided on an “as is” basis. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness, or correctness of any AI-generated content and information. The AI-generated content and information is provided for general information purposes only and is not intended to constitute or substitute legal or other professional advice of any kind whatsoever. The AI-generated content and information is not intended or implied to be a substitute for professional advice. You are encouraged to confirm any information obtained from or through our App with other sources and rediv all information provided. Please do not disregard professional advice or delay seeking advice because of something you have read on our website or in the AI-generated content and information. We make no representations about the suitability, reliability, timeliness, comprehensiveness, and accuracy of the AI-generated content and information, and other content produced by our App. We cannot guarantee that the AI-generated content and information and the provision of the content produced by our App will always be correct or fault, and error free. We do not accept liability for incorrect content or errors and omissions in AI-generated content and information produced by our App (whether of legal, typographical, technical, or other nature). To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App and the AI-generated content and information, including but not limited to implied warranties of merchantability and fitness for a particular purpose. As part of the Services, you may communicate with our selected Consultants and have access to Consultant’s Advice. Any information about Consultants is provided on an “as is” basis, based on information provided to us by the Consultants. We do not make any warranties, express or implied, as to the qualifications, quality, suitability, fitness for purpose, completeness or correctness of any Consultant or Consultant’s Advice. To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our App or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our App, the related content, or electronic communications sent by us are free of viruses or other harmful components.

END OF LIFE

We reserve the right to End-Of-Life (EOL) the Service at our sole discretion and shall provide 3 months notification of such EOL event. If you prepaid Fees for a service which is subject to EOL, we will use commercially reasonable efforts to a) transition you to a substantially similar Service or b) upon our express written agreement, ensure the Service availability, without uptime guarantee or test bug fixes, patches, or enhancements to the Services.

SERVICE LEVELS AND SUPPORT

During the Subscription Term, we shall render all commercially reasonable efforts to provide technical support to assist you in using our App and the Services. The total amount of technical support provided by us shall be governed under the fair use principle. We have no obligation to provide any support: for anything other than our Services; if you or a third party has altered or modified any portion of the Services; if you have not used the Services in accordance with the documentation or instructions provided by us; to anyone other than you. The response time for contacts concerning technical support made by you will not exceed 72 hours. If the response time exceeds 72 hours, we will present you with a technical justification and define a new deadline for carrying out and completing the support service.

PROPRIETARY RIGHTS

You acknowledge and agree that we own all intellectual property rights in our App. Except as expressly stated herein or our Terms and Conditions and End User Licence Agreement, this agreement does not grant you any rights to, or in, patents, copyrights, database rights, trade secrets, trade names, trademarks (whether registered or unregistered), or any other rights or licences in respect of our App. You confirm that you have all the rights in relation to our App that are necessary to grant all the rights it purports to grant under, and in accordance with, these Terms.

LIMITATION OF LIABILITY

We are not liable for the completeness, accuracy, or correctness of any information uploaded on our App and any related content. You expressly agree that your use of the services and our App, is at your sole risk. You agree not to use the services, our App and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the services, our App or any other website or software) for: loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss or corruption of data or information; loss of business opportunity, goodwill, or reputation; or any other indirect or consequential loss or damage. Nothing in these Terms shall limit or exclude our liability for: death or personal injury resulting from our negligence; fraud; and/or any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability. Our App is not intended to serve a record-keeping function, and we shall not be liable for any loss of data or content. These Terms set out the full extent of our obligations and liabilities in respect of the supply of the services and our App. Except as expressly stated in these Terms, there are no conditions, warranties, representations, or other terms, express or implied, that are binding on us. Any condition, warranty, representation, or other term concerning the supply of the services and our App which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law, or otherwise, is excluded to the fullest extent permitted by law.

INDEMNITY

You agree to indemnify and hold us, our related, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors, and assigns harmless from and against all claims, losses, expenses, damages, and costs (including but not limited to direct, incidental, consequential, exemplary, and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default, or omission, whether in your use of our App, services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms. You may only transfer your rights or your obligations under these Terms to another person if we agree in writing. No joint venture, partnership, agency, or employment relationship has arisen by reason of these Terms. These Terms and any document expressly referred to it constitute the entire agreement between us. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you. Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the laws of England and Wales. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.