Backed App Terms and Conditions

Welcome to Backed! By using our app and the services provided through it, you agree to the following terms and conditions (the "Terms"). Please read them carefully before using our app or services. If you do not agree to these Terms, do not use our app or services.

1. Introduction

Backed is a mobile application, website, and associated services that allows users to record and track their alcohol consumption using a bluetooth-enabled breathalyzer. The app and its associated services are provided by Backed Software LLC, a New York corporation, and are intended for use by individuals who are at least 21 years of age.

2. Eligibility

To be eligible to use our app and services, you must be at least 21 years of age and have the legal right to enter into a binding contract. By using our app and services, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

In order to use certain features of our app and services, you must register for an account and provide certain personal information, including your name, email address, and date of birth. You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this requirement.

4. Use of Our App and Services

You may use our app and services for lawful purposes only. You may not use our app or services to engage in any illegal or fraudulent activity. You also agree not to use our app or services in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other party's use and enjoyment of our app or services.

5. Intellectual Property

The content and materials contained on our app and provided through our services, including but not limited to text, graphics, logos, images, and software, are the property of Backed Software LLC or its licensors and are protected by copyright and trademark laws. You may not use any content or materials on our app or provided through our services for any commercial purpose without the express written consent of Backed Ventures LLC.

6. Disclaimer of Warranties

Our app and services are provided on an "as is" and "as available" basis. We make no representations or warranties of any kind, express or implied, as to the operation of our app or services or the information, content, materials, or products included on our app or provided through our services. To the full extent permissible by applicable law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We will not be liable for any damages of any kind arising from the use of our app or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Limitation of Liability

We will not be liable for any damages of any kind arising from the use of our app or services, including but not limited to direct, indirect, incidental, punitive, and consequential damages. In no event will we be liable for any damages resulting from loss of use, data, or profits, or from any unauthorized access to or alteration of your transmissions or data. We will not be liable for any damages arising from any content or material posted or transmitted through our app or services by any third party, or for any mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, delays in operation or transmission, or any failure of performance, whether or not caused by events beyond our control, such as acts of God, communications failures, fires, floods, strikes, or power failures. We will not be liable for any damages arising from the loss of use, inability to use, or unauthorized use of our app or services, or from any unauthorized access to or alteration of your transmissions or data, whether or not we have been advised of the possibility of such damages.

8. Indemnification

You agree to indemnify and hold Backed Software LLC and its affiliates, officers, agents, and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our app or services, your violation of these Terms, or your violation of any rights of another.

9. Modification of These Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will provide notice through our app or by other means, such as email. Your continued use of our app or services after we have posted the revised Terms constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our app and services.

10. Termination

We reserve the right to terminate your access to our app and services at any time and for any reason, without notice. Upon termination, you must destroy all materials obtained from our app or services and all copies thereof, whether made under these Terms or otherwise.

11. Governing Law

These Terms and your use of our app and services will be governed by and construed in accordance with the laws of the State of New York, without giving effect to any principles of conflicts of law. Any dispute arising from these Terms or your use of our app or services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

12. Miscellaneous

These Terms constitute the entire agreement between you and Backed Ventures LLC and supersede all prior or contemporaneous communications and proposals, whether oral or written. If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent possible, and the remaining provisions will remain in full force and effect. The failure of Backed Software LLC to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Backed Software LLC. Backed Software LLC may assign or transfer its rights and obligations under these Terms, in whole or in part, without your consent. These Terms will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

13. Contact Us

If you have any questions about these Terms or our app and services, please contact us at contact@getbackedapp.com.