Terms & Conditions
In using the BIB (Because I’m Busy) mobile application (the “mobile app”), you are deemed to have read and agreed to the following terms and conditions. The services provided through the mobile app are rendered by StrategizeMe, LLC (“StrategizeMe”) in Cleveland, Ohio. The terms of service describe our commitment to you and your rights and responsibilities when using our services and the mobile application.
Our services are offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies, and procedures (collectively referred to as the “Terms”). You agree that we may automatically upgrade our services, and the Terms shall apply to any upgrades.
Please read the Terms carefully before using our mobile app. By accessing or using any part of our mobile app, you agree to become bound by the Terms. If you do not agree to all the Terms, then you may not access or use our mobile app. Throughout the Terms, the word “you” references and applies to both individuals and entities that access or use our services.
You will be solely responsible for keeping your account information up-to-date and for keeping your password secure. You agree to accept sole responsibility and liability for any activity that occurs under your account. You are responsible for maintaining the security of your account and any service-related content. We will not be liable for any losses caused by any unauthorized use of your account. You must immediately notify us of any unauthorized uses of your account or of any other breach of security.
General Representation and Warranty
You represent and warrant that your use of our services:
- Will be in strict accordance with the Terms;
- Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
- Will not use the mobile app for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities; Will not infringe or misappropriate any intellectual property rights;
- Will not interfere with, disrupt, or attack any service or network; and
- Will not be used to create, distribute, or enable material that is – or that facilitates or operates in conjunction with – malware, spyware, adware, or other malicious programs or code.
The mobile app is intended for persons having the legal capacity to be bound by the Terms, or acting with the express consent of their parent or legal guardian. By using our mobile app, you represent and warrant that (i) you are over 18 years of age or have the express permission of a parent or guardian who is involved with your use of the site; and, (ii) that you have the right, authority, and capacity to accept the Terms and abide by all of the terms and conditions set forth herein. If you are under 18, you may use the mobile app only with involvement of a parent or guardian. StrategizeMe, in our sole discretion, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders for any reason, including, but not limited to, if we believe that you have violated or acted inconsistently with the spirit of the Terms. You agree that StrategizeMe will not be liable to you or any third party for any termination of your access to the mobile app. Access. If you lose access to your BIB (Because I’m Busy) account, you will not be able to access your backed up BIB (Because I’m Busy)content, which includes but is not limited to past orders, sales and reports.
License. StrategizeMe grants you a limited license to access and make personal use of the mobile app. By using BIB (Because I’m Busy), you grant us access to your mobile app’s servers for the purpose of backing up and securing your BIB (Because I’m Busy)content and restoring files and database information. You also grant us a worldwide, royalty-free, and non-exclusive license to copy and store your BIB (Because I’m Busy)content, to the extent necessary, to operate the mobile app service.This limited license does not include any resale or commercial use of the mobile app or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the mobile app or its contents; any downloading or copying of account information for pecuniary benefit; or any use of data mining, robots, or similar data gathering and extraction tools. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of StrategizeMe without the express written consent of StrategizeMe.
Indemnification. You hereby agree to indemnify and hold StrategizeMe harmless from and against any and all claims, charges, demands, damages, liabilities, losses, expenses, and liabilities of whatever kind, nature, and character, and howsoever arising (including, but not limited to, any legal or other professional fees and the costs of defending or prosecuting any claim, including the recovery of our attorneys’ fees, any loss of profit, goodwill, and any other direct or consequential loss), incurred or suffered by us -- directly or indirectly -- by reason of any act or omission which you commit in breach of the Terms.
Disclaimer of Warranties. THE MOBILE APP AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APP ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. STRATEGIZEME MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE MOBILE APP OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APP, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE MOBILE APP IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, STRATEGIZEME DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. STRATEGIZEME WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THE MOBILE APP OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE MOBILE APP, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
Limitation of Liability. YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, AND CONSEQUENTIAL DAMAGES, ARISING FROM, RELATING TO, OR CONNECTED WITH THE USE OR INABILITY TO USE THE MOBILE APP; THE COST OF REPLACEMENT OF ANY INFORMATION STORED OR MANAGED USING THE MOBILE APP; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR BIB (BECAUSE I’M BUSY) CONTENT OR OTHER CONTENT; STATEMENTS, CONDUCT, OR OMISSIONS BY YOU OR ANY THIRD PARTY; OR IN ANY WAY CONNECTED OR ASSOCIATED WITH OUR MOBILE APP OR THE TERMS. YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT WE HAVE NO CONTROL OVER THE BEHAVIOR OF ANY OTHER USER OF THE MOBILE APP, AND WE HEREBY DISCLAIM ALL WARRANTIES AND LIABILITIES RESPECTING THE CONDUCT OF OTHER USERS IN ACCORDANCE WITH THE TERMS. IN NO EVENT WILL OUR AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY IN ANY MATTER ARISING FROM, RELATING TO, OR CONNECTED WITH THE MOBILE APP OR THE TERMS EXCEED THE SUM OF FIVE DOLLARS ($5.00) USD.
Disputes. Any dispute or claim relating in any way to your access or use of the mobile app will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to the Terms. Any arbitration claim initiated shall be exclusively held and venued in Cleveland, Ohio. There is no judge or jury in arbitration, and court review of an arbitration award is limited. You acknowledge and agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, You and StrategizeMe each waive any right to a jury trial. You also acknowledge and agree that we may bring suit in court to enjoin infringement or other misuse of intellectual property rights. Applicable Law. By accessing or using the mobile app, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Ohio, without regard to principles of conflict of laws, govern the Terms and any dispute of any sort that might arise between you and StrategizeMe. For any legal claim outside of the mandates of arbitration, you agree to submit to the exclusive jurisdiction and venue of any court located in Cuyahoga County, State of Ohio, United States of America, and expressly and irrevocably waive any jurisdictional, venue, or inconvenient forum challenge or objection to such court. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision will be deemed severable from the Terms and will not affect the validity and enforceability of any remaining provisions. The terms, conditions, and obligations embodied in the Terms constitute the entire agreement between you and StrategizeMe and supersede any and all prior or contemporaneous written or oral agreements between you and StrategizeMe.