Welcome to BeFriend!
Thank you for signing up to use our products, including the BeFriend application(the “BeFriend Platform”), website (the “Site”), and services, features, content, applications and widgets offered on the BeFriend Platform and Site (together, we’ll call these the “Services”). The Services are provided by BeFriend Inc. The term “you” or “User” refers to the person or entity accessing or otherwise using our Services.
These Terms of Service (or “Terms” for short) describe the rules of BeFriend’s relationship with you and apply to your use of the Services. They are a legal agreement, so please read them carefully.
The BeFriend Platform is a mobile application that enables people to meet new friends. It is not a dating app and is not intended to be used as a matchmaking service.
I. Acceptance of the Present Terms & Conditions
II. Changes to the Terms
We amend these Terms from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted within the BeFriend app within Settings and also on swipr.cc, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes that affect your rights or obligations, we will notify you in advance of the changes by reasonable means, which could include notification through the BeFriend app. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement. You agree that this Agreement shall supersede any prior agreements (except as specifically stated herein), and shall govern your entire relationship with BeFriend, including but not limited to events, agreements, and conduct preceding your acceptance of this Agreement.
III. Who Can Use the Services
You must be at least 17 years of age to create an account on BeFriend and use the Service. By using the Service, you represent and warrant that:
- You can form a binding contract with BeFriend.
- You are not a person who is barred from receiving the Service under the laws of the United States or any other applicable jurisdiction.
- You have never been convicted of or pled no contest to a felony, a sex crime, or any crime involving violence, and you are not required to register as a sex offender with any state, federal or local sex offender registry.
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
IV. Your Account with Us
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for BeFriend, and you agree that you are solely responsible (to us and to others) for the activity that occurs under your account. If you think someone has gained access to your account, please immediately contact us.
V. Safety; Your Interactions with Other Users.
Though BeFriend strives to encourage a respectful and safe user experience through various safety features, it is not responsible for the conduct of any user on or off of the Service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow BeFriend’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT BEFRIEND DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. BEFRIEND MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. BEFRIEND RESERVES THE RIGHT TO CONDUCT – AND YOU AGREE THAT BEFRIEND MAY CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.
VI. Rights BeFriend Grants You
BeFriend grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by BeFriend and permitted by this Agreement. Therefore, you agree not to:
- Use the Service or any content contained in the Service for any commercial purposes without our written consent; you have permission to mention our Service on user-generated content platforms such as Youtube and TikTok as long as you don’t claim that BeFriend endorses your content.
- Copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without BeFriend’s prior written consent.
- Express or imply that any statements you make are endorsed by BeFriend.
- Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- Use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- Upload viruses or other malicious code or otherwise compromise the security of the Service.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- “Frame” or “mirror” any part of the Service without BeFriend’s prior written authorization.
- Use meta tags or code or other devices containing any reference to BeFriend or the Service (or any trademark, trade name, service mark, logo or slogan of BeFriend) to direct any person to any other website for any purpose.
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- Use or develop any third-party applications that interact with the Service or other users’ Content or information without our written consent.
- use, access, or publish the BeFriend application programming interface without our written consent.
- Probe, scan or test the vulnerability of our Service or any system or network.
- Encourage or promote any activity that violates this Agreement.
- BeFriend may investigate and take any available legal action in response to illegal and/ or unauthorized uses of the Service, including termination of your account.
- Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device’s settings.
VII. Rights You Grant Us
Many of our Services let you create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with. But you grant us a license to use that content. While we’re not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including to provide and develop the Service or if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service. We always love to hear from our users. But if you provide feedback or suggestions, just know that we can use them without compensating you, and without any restriction or obligation to you.
VIII. User Generated Content
Much of the content on our Service is produced by users and other third parties. Whether that content is posted publicly or sent privately, the content is the sole responsibility of the person or organization that submitted it. Although BeFriend reserves the right to review or remove all content that appears on the Service, we do not necessarily review all of it. So we cannot—and do not—take responsibility for any content that others provide through the Services. Through these Terms, we make clear that we do not want the Service put to bad uses. But because we do not review all content, we cannot guarantee that content on the Services will always conform to our Terms. If you have any concerns or want to report any concerning content, please promptly contact us at [email protected] or use the reporting feature within the BeFriend mobile application.
IX. Rules of Conduct
Safety of our users is of utmost importance for us. As a result, we have laid out the following Rules of Conduct which every user is subject to, whether they have an account or not. You are solely responsible for everything you write, post, upload, or make public. Furthermore, by using our Service, you also agree to our Community Guidelines. If you are using our Services, you are not allowed to send, upload, or post anything which:
- Could potentially cause any harm or damage to anyone
- Is mean, is bullying someone or is intended to harass, scare or upset anyone
- Is deliberately designed to provoke or antagonize people, especially trolling
- Uses rude or profane language
- Encourages dangerous or illegal activities
- Encourages any type of self-harm
- Contains any obscene or pornographic content
- Contains any threat of any kind, including threats to yourself or others
- Is racist or discriminates based on someone’s race, religion, age, gender, disability, or sexuality
- Infringes on individual’s privacy rights
- Competes with our Service or is spam
- Is illegal, could expose BeFriend to legal liability, or encourages people to get involved in anything which is illegal (for example, drugs, violence, or crime)
- Is defamatory or violates any third party’s rights, including breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property right.
- Collects user content or information, or otherwise accesses the Services using automated means (such as harvesting bots, robots, spiders, or scrapers) without our prior permission
- Violates any robot exclusion headers of the site, if any, or bypasses or circumvents other measures employed to prevent or limit access to Services
- Shares, recompiles, decompiles, disassembles, reverse engineers, or makes or distributes any other form of, or any derivative work from, the Service
- Attempts to scrape or collect any personal or private information from other users or from the Service
- Pretends to come from someone other than you, or where you are impersonating someone else
- Intercepts or monitors, damages, or modifies any communication not intended for you
- Otherwise breaches the Terms of Service
BeFriend does not tolerate ANY objectionable content or abusive users. Any objectionable content posted on BeFriend will be reviewed by our Content Safety team. We reserve the right to take down any objectionable content immediately without any notice.
XI. Respecting Other People’s Rights
BeFriend respects the rights of others. And so should you. You therefore may not use the Service, or enable anyone else to use the Services, in a manner that:
- Violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right.
- Bullies, harasses, or intimidates.
- spams or solicits our users.
Generally. From time to time, BeFriend may offer products and services for purchase (“in app purchases”) through iTunes, Google Play, BeFriend direct billing or other payment platforms authorized by Guppir. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as Google Play or iTunes) (your “Payment Method”) will be charged at the prices displayed to you for the service(s) you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize BeFriend or the third party account, as applicable, to charge you.
Auto_Renewal: If you purchase an auto-recurring periodic subscription, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your third party account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the BeFriend application from your device. Deleting your account on BeFriend or deleting the BeFriend application from your device does not cancel your subscription; BeFriend will retain all funds charged to your Payment Method until you cancel your subscription on BeFriend or the third party account, as applicable. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
Virtual Items: From time to time, you may be able to purchase, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items,” such as gems (collectively, “Virtual Items”). Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when BeFriend ceases providing the Service or your account is otherwise closed or terminated. BeFriend, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. BeFriend may manage, regulate, control, modify or eliminate Virtual Items at any time. BeFriend shall have no liability to you or any third party in the event that Guppir exercises any such rights. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT BeFriend IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
Refunds: Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply: You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of BeFriend) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
To request a refund: If you subscribed using your Apple ID, refunds are handled by Apple, not BeFriend. To request a refund, go to iTunes, click on your Apple ID, select “Purchase history,” find the transaction and hit “Report Problem”. You can also submit a request at https://getsupport.apple.com. If you subscribed using your Google Play Store account or through BeFriend directly: please contact customer support at [email protected] with your order number for the Google Play Store (you can find the order number by logging in to Google Wallet). Please also include the first name and telephone number associated with your account along with your order number.
BeFriend honors copyright laws, including the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Service any infringing material that we become aware of.
XIV. Data Charges
By using the Service on your mobile phone (and/or any other device) you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be responsible for any such costs.
XV. Modifying the Service and Termination
BeFriend is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so. You may terminate your account at any time, for any reason, by contacting us and letting us know you’d like to terminate your account. However if you use a third party payment account, you will need to manage in app purchases through such account (e.g., iTunes, Google Play) to avoid additional billing. We reserve the right to terminate your user account at any time, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your account which, in our sole discretion, would or might cause damage to or impair the Services or infringe or violate any third party rights, or violate any applicable laws or regulations. Upon such termination, you will not be entitled to any refund for purchases.
You agree, to the extent permitted by law, to indemnify, defend, and hold harmless BeFriend, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of the Service; (b) your content; and (c) your breach of these Terms.
BEFRIEND PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Guppir DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE. BEFRIEND TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER USER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK. BEFRIEND DISCLAIMS AND TAKES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER USER, ON OR OFF THE SERVICE.
XVIII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, LIGHTSPACE INC. AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS, AGENTS, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH THE SERVICE; OR (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF LIGHTSPACE INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL LIGHTSPACE, INC.’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF $100 USD OR THE AMOUNT YOU PAID LIGHTSPACE INC., IF ANY, IN THE LAST 12 MONTHS.
XIX. Entire Agreement; Other.
XX. Contact Us
BeFriend welcomes comments, questions, concerns, or suggestions. Please contact us at [email protected]