Terms of Service

1. Accounts and Membership

You must be at least 18 years of age to use the Application and Services. By using the Application and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age.

If you create an account in the Application, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services.

Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

2. User Content

We do not own any data, information or material (collectively, "Content") that you submit in the Application in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content.

You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Unless specifically permitted by you, your use of the Application and Services does not grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.

3. Backups

We are not responsible for the Content residing in the Application. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.

4. Prohibited Uses

In addition to other terms as set forth in the Agreement, you are prohibited from using the Application and Services or Content:

• (a) for any unlawful purpose;
• (b) to solicit others to perform or participate in any unlawful acts;
• (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
• (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
• (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
• (f) to submit false or misleading information;
• (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Application and Services, third party products and services, or the Internet;
• (h) to spam, phish, pharm, pretext, spider, crawl, or scrape;
• (i) for any obscene or immoral purpose; or
• (j) to interfere with or circumvent the security features of the Application and Services, third party products and services, or the Internet.

We reserve the right to terminate your use of the Application and Services for violating any of the prohibited uses.

5. Intellectual Property Rights

"Intellectual Property Rights" means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights. This Agreement does not transfer to you any intellectual property owned by Boba or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Boba. All trademarks, service marks, graphics and logos used in connection with the Application and Services, are trademarks or registered trademarks of Boba or its licensors.

6. Limitation of Liability

To the fullest extent permitted by applicable law, in no event will Boba, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.

7. Indemnification

You agree to indemnify and hold Boba and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorney fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Application and Services or any willful misconduct on your part.

8. Dispute Resolution

The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of Texas, United States without regard to its rules on conflicts or choice of law. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Texas, United States, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

9. Changes and Amendments

We reserve the right to modify this Agreement or its terms relating to the Application and Services at any time, effective upon posting of an updated version of this Agreement in the Application. When we do, we will revise the updated date at the top of this page. Continued use of the Application and Services after any such changes shall constitute your consent to such changes.

10. Contact Us

If you have any questions about this Agreement, please contact us at: vnguysoftware@gmail.com