Legal Documentation
Terms of Service
BeNaborly, Inc. Mobile Application End User License Agreement (EULA)
Introduction
This Mobile Application End User License Agreement ("Agreement") is a binding agreement between you ("End User" or "you") and BeNaborly, Inc., a Delaware corporation with an address of 651 N Broad St., Suite 206, Middletown 19709 ("Company").
This Agreement governs your use of the SoulHaven application, (including all related documentation, whether or not expressly incorporated by reference) (the "Application"). The Application is licensed, not sold, to you.
BY DOWNLOADING/INSTALLING/USING THE APPLICATION, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE EITHER 18 YEARS OF AGE OR OLDER OR ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD/INSTALL/USE THE APPLICATION.
1. License Grant
Subject to the terms of this Agreement, Company grants you a limited, non-exclusive, and nontransferable license to:
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Download, install, and use the Application for your personal, non-commercial use on up to five mobile devices owned or otherwise controlled by you or on a desktop device (the "Devices") strictly in accordance with the Application's documentation; and
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Access, stream, download, and use on such Devices the Content made available in or otherwise accessible through the Application, strictly in accordance with this Agreement and the Acceptable Use Policy applicable to such Content and Services.
2. License Restrictions
You shall not:
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Copy the Application, except as expressly permitted by this license;
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Modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
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Reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
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Remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
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Rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason, including by making the Application available on a network where it is capable of being accessed by more than one device at any time; or
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Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application.
3. Reservation of Rights
You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under this Agreement, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement.
Company and its licensors and service providers reserves and shall retain their entire right, title, and interest in and to the Application, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
4. Collection and Use of Your Information
You acknowledge that when you download, install, or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about the Devices and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, such as:
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Your current mobile phone number; and if you change your mobile phone number, you must update it using our in-app change number feature; or
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The phone numbers of other users of the Application and the phone numbers of other contacts in your mobile phone address book on a regular basis (in accordance with applicable laws).
The Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
5. Content and Services
The Application will provide you with access to certain features, functionality, and content, including interactive features ("Services") that allow other users to post, submit, publish, display or transmit to other users or other persons (collectively, "Content").
Your access to and use of such Content and Services are governed by the Acceptable Use Policy, located below, and Privacy Policy, which are incorporated herein by this reference. Your access to and use of such Content and Services will require you to acknowledge your acceptance of such Acceptable Use Policy and Privacy Policy, and your failure to do so may restrict you from accessing or using certain of the Application's features and functionality. Any violation of such Acceptable Use Policy will also be deemed a violation of this Agreement.
6. Content Standards and Use
If you decide to upload or post Content to the Application (a "User Contribution"), it will be considered non-confidential and non-proprietary. By providing any User Contribution to the Application, you grant the Company and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties such material for any purpose.
You represent and warrant that:
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You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us; and
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All of your User Contributions comply with this Agreement and the Acceptable Use Policy.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy and appropriateness. The Company is not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Application.
7. Additional Terms
The ways in which you can use the Application may be controlled by the rules and policies of the applicable app store that you download the Application from (such as the Apple App Store and Google Play) ("App Store"). In the event of a conflict, the App Store’s rules and policies will apply instead of this Agreement.
8. Geographic Restrictions
The Content and Services are based in the state of Delaware in the United States. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States, you are responsible for compliance with local laws.
9. System Requirements and Security
The Application requires an iOS or Android device with a minimum of 200 MB of memory and either an Android version 7.0+ or iOS version 13.0+ operating system. You will be responsible for all carrier data plans, internet fees, roaming fees and other fees and/or taxes associate with your use of the Application.
You must keep your Devices and your account in the Application safe and secure. You must notify the Company promptly of any unauthorized use or security breach of your account or the Application.
10. Updates
The Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
Based on your Device settings, when your Device is connected to the internet either:
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The Application will automatically download and install all available Updates; or
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You may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
11. Support
If you think the Application is faulty or misdescribed, or you wish to contact us for any reason, please email us at info@SoulHaven.app. If we need to contact you, we will do so by email, through the Application, or as we otherwise see fit using the contact details you have provided to us.
12. Third-Party Materials
While we intend for this Application to remain ad-free, it is possible that in the future, the Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials").
You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions. Some push sounds on the app are from Notification Sounds.
13. Monitoring and Enforcement
We expect users of the App to behave as they would in a church while using the App. If they do not, then they should expect to not be welcome on the App. To be clear, we have the right to:
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Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
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Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe any User Contribution violates the Acceptable use policy, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Application or the public, or could create liability for the Company;
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Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
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Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Application;
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Terminate or suspend your access to all or part of the Application for any violation of this Agreement or the Acceptable Use Policy.
Without limiting the foregoing, the Company has the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other information of anyone posting any materials on or through the Application.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
The Company does not undertake to review material before it is posted on the Application, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company has no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
14. DMCA Takedown
If you believe any materials accessible on the Application infringe your copyright, you may request removal of those materials or access to them from the Application by submitting written notification to our designated copyright agent below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 USC ss 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:
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Your physical or electronic signature;
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Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Application, a representative list of such works;
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Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material;
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Adequate information by which we can contact you (including your name, mailing address, telephone number and, if available, email address);
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A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law;
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A statement that the information in the written notice is accurate;
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A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
You may send the DMCA Notice to:
MBM Commercial LLP
Edinburgh Office Suite 2, Ground Floor
Orchard Brae House
30 Queensferry Road
Edinburgh, EH4 2HS, UK
15. Term and Termination
The term of Agreement commences when you download/install the Application and will continue in effect until terminated by you or Company as set forth in this section. You may terminate this Agreement by deleting the Application and all copies thereof from your Devices. In addition to the rights of termination set out in Clause 13, Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion.
Upon termination:
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All rights granted to you under this Agreement will also terminate; and
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You must cease all use of the Application and delete all copies of the Application from your Devices and account.
Termination will not limit any of Company's rights or remedies at law or in equity. You must remove the Application from any Device that you sell, donate or other transfer or dispose of before doing so.
16. Disclaimer of Warranties
THE APPLICATION IS PROVIDED TO END USER “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
THE COMPANY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, THAT ANY INFORMATION WITHIN THE APPLICATION IS ACCURATE, COMPLETE OR UP TO DATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION OR THE CONTENT AND SERVICES FOR:
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PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
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DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
18. Limitations to the Application
The Application is a messaging app which facilitates conversations and prayer sessions between other users of the application. The Application is provided for general communication purposes only. The Company is not affiliated with any church, religious entity or religious organization.
The Company is not a provider of, and takes no responsibility for, healthcare, psychological diagnosis, psychological treatment or any similar and related activity. The Application is not intended to be used for the provision of healthcare and should not be used as or form part of a medical device. The Company does not offer information or advice on which you should rely, including any information related to spiritual, emotional and mental wellbeing.
You must obtain professional advice before taking or refraining from any action on the basis of the information obtained from the Application.
The Application does not provide access to emergency services or emergency services providers, including hospitals, fire departments, or police departments. If you are in need of emergency services, you must contact such providers through a mobile phone or fixed-line telephone service.
19. Export Regulation
The Application may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Application to, or make the Application accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Application available outside the US.
20. US Government Rights
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if you are an agency of the US Government or any contractor therefor, you receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
21. General Provisions
Severability
If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
Variation
The Company is entitled to change these terms to reflect changes in law or best practices, or to address new features or functionality that are introduced. The Company shall give you 30 days’ advance notice of any change by sending you SMS or push notification through the Application with details of the change or notifying you of a change when you next start the Application. IF YOU DO NOT ACCEPT THE NOTIFIED CHANGES YOU WILL NOT BE PERMITTED TO CONTINUE TO USE THE APPLICATION.
Arbitration Clause
Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
Governing Law
This Agreement is governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the Application shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Entire Agreement
This Agreement and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application.
Waiver
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.
Acceptable Use Policy
We expect users of the App to behave as they would in church. If they do not, they may be prevented from using the App. Any breach of this Acceptable Use Policy shall be deemed a material breach of the contract between you and us.
We expect all users to use their real names on their personal accounts. This helps us with moderation and the identification of users in a church community. If a user wants to use another name (such as a brand or their ministry, for example) they must do so via a "Pro-Account". Pro-Accounts can be created after an individual has registered a personal account with their real name. We understand that there are valid reasons for users to hide their real names and personal accounts. Third party access to a personal account can be restricted in your profile settings.
Your safety and privacy is very important to us. If you have any questions or concerns about your own privacy, or the conduct of another user on this app, get in touch with us at info@SoulHaven.app.
When using the SoulHaven application, you must:
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Not post personal information about another individual, or their private or confidential information (including physical or mental health issues) without that individuals’ express written consent, or the express written consent of their family members if the individual themselves cannot provide such consent;
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Use the minimum amount of information possible concerning another individual when sharing a prayer request with other users of the Application;
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Not use the Application to request information from anyone under the age of 18;
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Not use the Application in any unlawful manner or for any unlawful purpose, or in any manner inconsistent with these terms.
Specific Prohibited Actions:
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Hacking into or inserting malicious code, viruses or harmful data, into the Application or any operating system designed to interrupt, destroy, limit the functionality of any computer software or hardware or telecommunications equipment;
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Impersonating someone or misrepresenting your affiliation with another person or entity;
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Planning or engaging in any illegal, fraudulent or manipulative activity; or
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Publishing falsehoods, misrepresentations, or misleading statements.
User Contributions Standards:
Any User Contributions and any use of or access to the Content must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
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Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person;
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Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
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Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
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Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with this Acceptable Use Policy and our Privacy Policy;
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Be likely to deceive any person;
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Promote any illegal activity, or advocate, promote, or assist any unlawful act;
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Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person;
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Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
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Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising; or
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Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.