Terms of Service

Last updated: August 31, 2024

Bugbear Technologies Ltd (hereafter referred to as “Bugbear”, “we”, “us”, or “our”) provides a platform for online courses (collectively, the “Services”), which Services are accessible at bugbear.app and any other websites through which Bugbear makes the Services available (collectively, the “Site”).

The Site and Services are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site and Services constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. We reserve the right to update or modify these Terms at any time without prior notice to you, and your continued use of the Site following Bugbear’s posting of any changes will constitute your acceptance of such changes or modifications. We encourage you to review these Terms whenever you use the Site.

Privacy

Your use of the Site and Services are subject to Bugbear’s Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. Bugbear does not knowingly collect, either online or offline, personal information from persons under the age of 18.

Eligibility

The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older. As a condition of your use of the Service, you agree to (a) provide Bugbear with true, accurate, current and complete information as prompted by the Bugbear registration forms, when registering for or using the Service and (b) update and maintain the truthfulness, accuracy and completeness of such information.

Your Account

If you use the Site or Services, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Bugbear is not responsible for third-party access to your account that results from theft or misappropriation of your account. Bugbear and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

Subscriptions and user accounts

Subject to the terms and conditions of this agreement, we hereby grants to you a non-exclusive, non-transferable licence, without the right to grant sublicences, use the services during the subscription term solely for your internal business operations.

When using our services you undertake that:

1. the maximum number of authorised users that you authorise to access and use the services shall not exceed the number of user subscriptions you have purchased.
2. you will not allow any account to be used by more than one individual unless it has been reassigned in its entirety to another individual and confirmed in writing by us. Upon written confirmation from us of the transfer, the prior individual shall no longer have any right to access or use the services.

Charges and payment

You shall pay the Subscription Fees to us in the currency set out in the order form for the user subscription in accordance with this document.

You shall provide to us valid, up-to-date and complete credit card details and any other relevant valid, up-to-date and complete contact and billing details acceptable to us. You agree that we may charge your credit card or other approved payment mechanism acceptable to us (i) on the Effective Date for the Subscription Fees payable in respect of the Initial Subscription Term; (ii) if you continue to receive the Services beyond the Initial Subscription Term, on the first day of each Renewal Period for the Subscription Fees payable in respect of the relevant Renewal Period; and (iii) if you purchase any additional user subscriptions.

If we have not received payment within 30 days after the due date, and without prejudice to any of our other rights and remedies:

1. we may, without liability to you, disable your and any Authorised User’s password, account and access to all or part of the Services and we shall be under no obligation to provide any or all of the Services while the invoice(s) concerned remain unpaid; and
2. interest shall accrue on a daily basis on such due amounts at an annual rate equal to 3% over the then current base lending rate of HSBC plc from time to time, commencing on the due date and continuing until fully paid, whether before or after judgment.

All amounts and fees stated or referred to in this agreement are exclusive of value added tax, which shall be added to your invoice(s) at the appropriate rate.

We may increase our subscription fees from time to time. When this happens we normally keep the fees the same for existing customers however we reserve the right to increase the subscription fees payable at the start of each renewal period upon 30 days' prior notice to you by e-mail.

Refunds

You can cancel your subscription at any time within the application or by sending written notice to us at support@bugbear.app. Your cancellation will take effect at the end of the current paid term.

All amounts and fees stated or referred to in this agreement are non-refundable.

Links to Third Party Sites/Third Party Services

The Site and Services may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Bugbear and Bugbear assumes no responsibility for, the content, privacy policies, or practices of any third-party websites, and you access and use these websites solely at your own risk. Bugbear is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Bugbear of the site or any association with its operators. By using the Site or Services, you expressly relieve Bugbear from any and all liability arising from your use of any third-party website and from any loss or damage of any sort you may incur from dealing with any third party. It is up to you to take appropriate precautions to ensure that any website you visit is free of destructive items such as worms or viruses. We encourage you to be aware when you leave the Site and to read the terms and conditions of use for each other website that you visit.

Certain services made available via the Site or Services are delivered by third-party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Bugbear may share such information and data with any third party with whom Bugbear has a contractual relationship to provide the requested product, service or functionality on behalf of users and customers of the Site or Services.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and Services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Bugbear that you will not use the Site for any purpose that is unlawful or prohibited by these Terms.

All content included as part of the Site and Services, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site or in the Application, is the property of Bugbear, its suppliers or third-parties and protected by trademark, copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all trademark, copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto, including without limitation altering any proprietary rights or attribution notices in any such content. Access to the Site and Services does not authorize anyone to use any of Bugbear’s names, logos or marks, including without limitation the Bugbear trademark or logo, or any other intellectual property in any manner. The content on the Site may be used only as an information resource, and Bugbear content is not for resale. You will use protected content solely for your personal, non-commercial use, and will make no other use of the content without the express written permission of Bugbear and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Bugbear or our licensors except as expressly authorized by these Terms. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on the Site is strictly prohibited.

Further, in your use of the Site and Services, you may not:

• modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or the Application;
• use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Site; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Site are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
• use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use of the Site;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Site;
• remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Site;
• collect personally identifiable information of other users or visitors;
• harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications; or
• post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Site.

Bugbear will fully cooperate with any law enforcement authorities or court order requesting or directing Bugbear to disclose the identity of anyone violating these Terms.

In its sole discretion, in addition to any other rights or remedies available to and without any liability whatsoever, Bugbear may at any time and without notice may terminate or restrict your access to any component of the Site.

Electronic Communications/Notice

Visiting or using the Site or Services or sending emails to Bugbear constitutes electronic communications. You consent to receiving electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email or by posting the notices on the Site satisfy any legal requirement that such communications be in writing. All notices to Bugbear will be provided by sending an email tosupport@bugbear.app. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.

Use of Submissions

The Site contains features that allow you to post and upload text, images, and/or other media content for either personal use or for viewing by others (collectively, “Submissions”), you agree to use the Submissions only to post, send and receive materials that are proper and related to the acceptable use cases of the Site.

By way of example, and not as a limitation, you agree that when creating or interacting with a Submission, you will not:

• defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
• publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
• upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;
• upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer;
• advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;
• conduct or forward surveys, contests, pyramid schemes or chain letters;
• download any file posted by another user that you know, or reasonably should know, cannot be legally distributed in such manner;
• falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Site
• violate any code of conduct or other guidelines which may be applicable for the Site
• harvest or otherwise collect information about others, including e-mail addresses, without their consent; or
• violate any applicable laws or regulations.

Bugbear has no obligation to monitor Submissions. However, Bugbear reserves the right to review and to remove any materials in its sole discretion.

Bugbear reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Bugbear’s sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Submission. Bugbear does not control or endorse the content, messages or information found in any Submission and, therefore, Bugbear specifically disclaims any liability with regard to the Submission and any actions resulting from your participation in any Submission. Managers and hosts are not authorized Bugbear spokespersons, and their views do not necessarily reflect those of Bugbear.

Materials uploaded to the service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

International Users

The Site and Services are controlled, operated and administered by Bugbear from within the United Kingdom. If you access the Site or Services from a location outside the United Kingdom, you are responsible for compliance with all local laws. You agree that you will not use the Bugbear content accessed through the Site or Services in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Delays

The Site or Services may be subject to limitations, delays and other problems inherent in the use of the Internet and electronic communications. Bugbear is not responsible for any delays, failures or other damage resulting from such problems.

Indemnification

You agree to indemnify, defend and hold harmless Bugbear, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or Services; any user postings made by you; your violation of these Terms; your violation of any rights of a third party; or your violation of any applicable laws, rules or regulations. Bugbear reserves the right, at its own cost and sole discretion, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Bugbear in asserting any available defenses.

Warranty and Liability Disclaimer

The information, software, products, and services included in or available through the Site or Services may include inaccuracies or typographical errors.

Changes are periodically added to the information herein. Bugbear and/or its suppliers may make improvements and/or changes in the site at any time.

Bugbear and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. Bugbear and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.

You expressly understand and agree that Bugbear will not be liable for any direct, indirect, incidental, special, punitive, compensatory, consequential, or exemplary damages (even if Bugbear has been advised of the possibility of such damages) (collectively, “damages”), resulting from: (a) the use or inability to use the service; (b) the cost of any goods and/or services purchased or obtained as a result of the use of the service; (c) disclosure of, unauthorized access to, or alteration of your information or content; (d) content you submit, receive, access, transmit or otherwise convey through the service; (e) statements or conduct of any online course providers or other third party through the service; (f) any other matter relating to the service; (g) any breach of this agreement by Bugbear or the failure of Bugbear to provide the service under this agreement; or (h) any other dealings or interactions you have with any online course providers (or any of their representatives or agents). These limitations shall apply to the fullest extent permitted by law. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.

Termination/Access Restriction

Bugbear reserves the right, in its sole discretion, to terminate your access to the Site and Services and the related services or any portion thereof at any time, without notice.

Governing Law/Dispute Resolution

To the maximum extent permitted by law, this agreement is governed by the laws of the United Kingdom and you hereby consent to the exclusive jurisdiction and venue of courts in the United Kingdom in all disputes arising out of or relating to the use of the Site. Use of the Site and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this Section. Bugbear’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Bugbear’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or Services or information provided to or gathered by Bugbear with respect to such use.

No Joint Venture

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Bugbear as a result of this agreement or use of the Site or Services.

Entire Agreement

Unless otherwise specified herein, this agreement constitutes the entire agreement between you and Bugbear with respect to the Site or Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Bugbear with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. These Terms will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Changes to Terms

Bugbear reserves the right, in its sole discretion, to change the Terms under which the Site and Services are offered. Any significant changes will be communicated to you via the e-mail and sent to the e-mail address associated with your account. Such modification(s) will be effective immediately upon being posted on our Site (bugbear.app).

Contact Us

Bugbear welcomes your questions or comments regarding the Terms by emailing us at support@bugbear.app

If you do not agree to all of the terms and conditions of this agreement, you must not use the service. By using the service, you acknowledge that you have read and understood the terms and conditions of this agreement and you agree to be bound by these terms and conditions.