Terms of Service

Last Updated: March 23, 2025

1. Introduction

Welcome to StudBud ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of the StudBud website, mobile applications, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

2. Account registration and eligibility

2.1 Account Creation

To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are responsible for safeguarding your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

2.3 Age Restrictions

The Service is intended for users who are 13 years of age or older. By using the Service, you represent and warrant that you are at least 13 years old. If you are under 18 years old, you represent that you have your parent or guardian's permission to use the Service.

3. Acceptable use policy

3.1 Prohibited Conduct

You agree not to engage in any of the following prohibited activities:

a) Using the Service for any illegal purpose or in violation of any local, state, national, or international law;

b) Violating or infringing other people's intellectual property, privacy, publicity, or other legal rights;

c) Engaging in, promoting, or encouraging illegal or harmful activity;

d) Impersonating another person, or misrepresenting your affiliation with a person or entity;

e) Interfering with or disrupting the Service or servers or networks connected to the Service;

f) Attempting to gain unauthorized access to any portion of the Service or any other systems or networks connected to the Service;

g) Using the Service to send unsolicited communications, promotions, or advertisements, or to spam, phish, or pharming;

h) Collecting or harvesting data from the Service, including user account information;

i) Using the Service for competitive analysis or to develop a competing product or service;

j) Using the Service in a manner that places an unreasonable or disproportionately large load on our infrastructure;

k) Using automated means or scripts to scrape or extract data from the Service;

l) Attempting to access areas of the Service that you are not authorized to access;

m) Bypassing, circumventing, or attempting to bypass or circumvent any measures we may use to prevent or restrict access to the Service.

3.2 Content Guidelines

You agree not to post, upload, publish, submit, or transmit any content that:

a) Is fraudulent, false, misleading, or deceptive;

b) Is defamatory, obscene, pornographic, vulgar, or offensive;

c) Promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group;

d) Promotes illegal or harmful activities or substances;

e) Infringes upon or violates another party's intellectual property rights;

f) Violates, or encourages any conduct that would violate, any applicable law or regulation;

g) Contains software viruses or any other computer code designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

3.3 Unlimited Usage Policy

Where the Service offers "unlimited" features or usage (such as unlimited storage, unlimited requests, or unlimited access), "unlimited" means usage that is reasonable and consistent with normal, individual use of the Service. StudBud reserves the right to determine, in its sole discretion, what constitutes reasonable usage. Usage that is deemed excessive, abusive, or inconsistent with normal patterns may result in throttling, temporary suspension, or termination of access to unlimited features. Factors that may be considered in determining reasonable usage include, but are not limited to:

a) Volume and frequency of usage compared to typical user patterns;

b) Impact on Service performance or availability for other users;

c) Use of automated systems or scripts to generate excessive usage;

d) Commercial or resale use of unlimited features;

e) Any usage that circumvents or attempts to exploit the unlimited offering.

StudBud will provide reasonable notice before taking action due to excessive usage, except in cases where immediate action is necessary to protect the Service or other users.

4. User content

4.1 Ownership

You retain ownership of any intellectual property rights that you hold in the content you create, upload, or post on or through the Service ("User Content").

4.2 License Grant

By making any User Content available through the Service, you grant to StudBud a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing the Service.

4.3 Responsibility for User Content

You are solely responsible for your User Content and the consequences of posting or publishing it. We have no obligation to monitor User Content, but we reserve the right to remove or disable access to any User Content for any or no reason, including if we determine that your User Content violates these Terms.

5. Intellectual property rights

5.1 StudBud Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of StudBud and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries.

5.2 License to Use the Service

Subject to these Terms, StudBud grants you a limited, non-exclusive, non-transferable, non-sublicensable license to use the Service for your personal, non-commercial use.

6. Third-party terms and services

6.1 Third-Party Services

The Service may contain links to third-party websites, services, or resources that are not owned or controlled by StudBud. We do not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services.

6.2 Third-Party Terms

By using the Service, you acknowledge and agree that you are also subject to the terms of service and privacy policies of third-party services that StudBud integrates with or utilizes, including but not limited to:

a) Stripe (payment processing) b) OpenAI (AI features)

You agree to comply with these third-party terms as applicable. Your use of such third-party services is subject to the terms and conditions and privacy policies of those third-party services.

7. Payments and subscriptions

7.1 Fees

We may offer certain premium features of the Service for a fee. You agree to pay all fees and charges associated with your account on a timely basis and in accordance with the pricing and terms displayed to you at the time of purchase.

7.2 Billing

By providing a payment method, you authorize us to charge you using that payment method for all fees incurred by your account. You are responsible for all charges incurred under your account.

7.3 Refunds

All purchases are final and non-refundable, except as expressly provided in these Terms or as required by applicable law.

7.4 Chargebacks

Chargebacks may only be processed upon approval by contacting our support team. If a chargeback request is denied by our support team, you agree not to pursue the chargeback further. Unauthorized or fraudulent chargebacks may result in termination of your account.

7.5 Subscription Cancellation

You may cancel your subscription at any time, but you will not receive a refund for the current billing period. Your subscription will continue until the end of the current billing period.

8. Termination

8.1 Termination by You

You may terminate these Terms at any time by canceling your account and discontinuing use of the Service.

8.2 Termination by StudBud

We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately. If we determine, in our sole discretion, that you have violated these Terms, particularly through abuse or misuse of the Service, we may terminate your account immediately without refund of any payments made.

8.3 Effect of Termination

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Warranty disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. STUDBUD DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

10. Limitation of liability

IN NO EVENT WILL STUDBUD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR USE) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE USE OR INABILITY TO USE THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF STUDBUD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

THE TOTAL LIABILITY OF STUDBUD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE DURING THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to defend, indemnify, and hold harmless StudBud, its affiliates, officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service or your violation of these Terms.

12. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. You and StudBud agree to submit to the personal and exclusive jurisdiction of the courts located within Delaware.

13. Changes to terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. General terms

14.1 Entire Agreement

These Terms constitute the entire agreement between you and StudBud regarding the Service and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the subject matter.

14.2 Waiver

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and a party's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

14.3 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.

14.4 Assignment

You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice or consent.

14.5 Contact Information

If you have any questions about these Terms, please contact us at: [email protected]

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By using the StudBud service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.