Together with its subsidiaries and other affiliates, BetterPrice, Inc., a Estonian LLC (“BetterPrice”), makes available the “Site” (websites including, without limitation, www.betterprice.app and all sub-domains), “Software” (software and mobile applications), and “Services” to help people find better prices. Access to and use of BetterPrice’s existing Site, Software and Services, as well as any future Sites, Software or Services provided by BetterPrice are governed by this Terms of Service and License Agreement (this “Agreement”).
If you are an individual, or are accessing the Site or the Services or Software, or are otherwise browsing the Site, this Agreement is between you, individually, and BetterPrice.
You may access and use the Site, Services and Software only in accordance with any instruction manuals, user guides and other documentation as made available by BetterPrice from time to time (“Documentation”).
You may not:
BetterPrice may offer certain Software, including certain interfaces, for download from the Site (“Assisting Software”). Subject to the other terms and conditions of this Agreement, you may install and use Assisting Software on computers owned, leased or otherwise controlled by you, solely in conjunction with your authorized use of the Services. Upon expiration or termination of this Agreement for any reason, you shall cease any further use of the Assisting Software and shall promptly destroy all copies thereof in your possession.
Certain Services or Software may be subject to additional limitations, restrictions, terms and/or conditions. In such cases, the applicable Specific Terms will be made available to you and your access to and use of the relevant Services or Software will be contingent upon your acceptance of and compliance with such Specific Terms.
Certain Services or Software (including Assisting Software) may contain or otherwise make use of software, code or related materials from third parties, including “open source” or “freeware” software (“Third Party Components”). Certain Third Party Components may be subject to separate license terms that accompany such Third Party Components that, to the extent they conflict with the terms of this Agreement, supersede the terms of this Agreement. For your convenience, BetterPrice makes available a list of Third Party Components on its website at https://grammarly.com/terms/thirdpartynotices. If required by any license for a particular Third Party Component, BetterPrice makes the source code of such Third Party Component, and any of BetterPrice’s modifications to such Third Party Component, as required, available upon written request to BetterPrice.
By completing the registration process for any given Services, you are agreeing to subscribe to the selected Services, subject to the terms and conditions of this Agreement. You agree to provide BetterPrice with accurate and complete registration information and to promptly notify BetterPrice in the event of any changes to any such information.
You shall be solely responsible for the security and proper use of all user IDs, passwords or other security devices used in connection with the Site and/or the Services, and shall take all reasonable steps to ensure that they are kept confidential and secure, are used properly and are not disclosed to or used by any other person or entity. You shall immediately inform BetterPrice if there is any reason to believe that a user ID, password or any other security device issued by BetterPrice has or is likely to become known to someone not authorized to use it, or is being or is likely to be used in an unauthorized way. BetterPrice reserves the right (at its sole discretion) to request that you change your password(s) in connection with the Services, and you shall promptly comply with any such request.
You are solely responsible for all activity in connection with access to the Site and/or Services through your account or using your password, and for the security of your computer systems, and in no event shall BetterPrice be liable for any loss or damages relating to such activity.
BetterPrice is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com or endless.com, MYHABIT.com, SmallParts.com, or AmazonWireless.com.
Pages on this Service may include affiliate links to Amazon and its affiliate sites on which the owner of this Service, BetterPrice, will make a referral commission.
BetterPrice may deny you access to all or any part of the Services or terminate your account with or without prior notice if you engage in any conduct or activities that BetterPrice determines, in its sole discretion, violate this Agreement or the rights of BetterPrice or any third party, or is otherwise inappropriate. Without limitation, BetterPrice may deny you access to the Services, or terminate this Agreement and your account.
You are responsible for obtaining and maintaining any equipment and ancillary services needed to connect to or access the Site or otherwise use the Services, including, without limitation, modems, hardware, software, internet service and telecommunications capacity. You shall be solely responsible for ensuring that such equipment and ancillary services are compatible with the Services and Software.
You are solely responsible for all text, documents or other content or information uploaded, entered or otherwise transmitted by you in connection with your use of the Services and/or Software (“User Content”). User Content includes, among other things, any mistakes contained in the content or information transmitted by you. BetterPrice has no obligation to monitor any User Content and shall have no liability to you or any other person or entity with respect thereto, including, without limitation, liability with respect to any information (including your confidential information) contained in or apparent from any User Content. You warrant, represent and covenant that you own or have a valid and enforceable license to use all User Content, and that no User Content infringes, misappropriates or violates the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction. BetterPrice is not responsible for the loss, corruption or other changes to User Content. Without limiting the foregoing, any feature(s) of the Services and/or Software that may permit you to temporarily save or otherwise store User Content is offered for your convenience only and BetterPrice does not guarantee that the User Content will be retrievable. You are solely responsible for saving, storing and otherwise maintaining User Content including by maintaining backup copies of your User Content on appropriate independent systems that do not rely on the Services and/or Software.
You retain all right, title, and interest in and to your User Content. By uploading or entering any User Content, you give BetterPrice (and those it works with) a nonexclusive, worldwide, royalty-free and fully-paid, transferable and sublicensable, perpetual, and irrevocable license to copy, store and use your User Content (and, if you are an Authorized User, your Enterprise Subscriber’s User Content) in connection with the provision of the Software and the Services and to improve the algorithms underlying the Software and the Services.
BetterPrice reserves the right at any time to (i) change any information, specifications, features or functions of the Site, Services or Software, including any Trial, (ii) suspend or discontinue, temporarily or permanently, any or all of the Services or any Trial, including the availability of any feature, database or content, or (iii) impose limits on certain features and Services or restrict access to parts or all of the Services, including any Trial, in each case with or without prior notice and without any liability to you or any third party. BetterPrice will use its commercially reasonable efforts to notify you of changes to the Services and/or Software that, in BetterPrice’s reasonable opinion, have the effect of materially and adversely diminishing the functionality of the Services to which you have subscribed.
Any links on the Site to third party websites are provided for your convenience only. If you choose to access third party websites or obtain products or services from third parties, you do so entirely at your own risk and such access is between you and such third party. BetterPrice does not warrant or make any representation regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services.
For users located outside of the European Economic Area (EEA): Your registration to use the Site and/or Services constitutes your consent to receive email communications from BetterPrice, including messages regarding customer service issues and other matters. You may opt not to receive email correspondence, other than technical notifications and email regarding issues related to your account and your use of the Site and Services, at any time by following the link included in the email messages.
For users located in the European Economic Area (EEA): We only send marketing communications to users located in the European Economic Area (EEA) with your prior consent, and you may withdraw your consent at any time by clicking the “unsubscribe” link found within BetterPrice emails and changing your contact preferences. Please note you will continue to receive transactional messages related to our Services, even if you unsubscribe from marketing emails.
All intellectual property rights in and to the User Content are and shall remain your property, and BetterPrice shall acquire no right of ownership with respect to your User Content.
All intellectual property rights in and to the Software, Site and Services and other BetterPrice IP are and shall remain the sole property of BetterPrice and its affiliates and licensors, as applicable, and you shall acquire no right of ownership or use with respect to any Software or other BetterPrice IP except as specified in this Agreement. Without limiting the foregoing, you acknowledge that the Software and the Service and the inventions, know-how and methodology embodied therein are proprietary to, and contain valuable trade secrets of, BetterPrice and its affiliates and licensors, as applicable, and that the Software constitutes Confidential Information of BetterPrice. You may from time to time provide BetterPrice with suggestions, comments, recommendations, improvements, solutions, bug fixes, features, concepts, techniques, ideas, know-how and/or any feedback regarding the Services, the Software, the Site and/or any of BetterPrice’s related technologies (“Feedback”). Any and all Feedback is and shall be given entirely voluntarily. As between the you, BetterPrice and, if applicable, your Enterprise Subscriber, all Feedback shall be exclusively owned by BetterPrice, and you hereby make all assignments necessary to accomplish the foregoing ownership, and as a result BetterPrice shall be freely entitled to reproduce, prepare derivative works, disclose to third parties, display and perform (publicly or otherwise), sell, lease, license, distribute and otherwise use and exploit any and all such Feedback as it deems appropriate, at its sole discretion, without obligation or liability of any kind to you, your Enterprise Subscriber (if applicable) or any other person or entity.
You shall indemnify, release and hold harmless BetterPrice and its parents, subsidiaries, affiliates, licensors and suppliers, and each of their respective officers, directors, employees and agents, from and against any loss, liability (including settlements, judgments, fines and penalties) and costs (including reasonable attorney fees, court costs and other litigation expenses) relating to any claim or demand made by any third party due to or arising out of your access to the Site, use of the Services or Software, violation of this Agreement, or infringement of any intellectual property or other right of any person or entity. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
IN NO EVENT SHALL BETTERPRICE BE LIABLE WITH RESPECT TO THE SITE, SERVICES AND/ OR SOFTWARE FOR (I) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE FEES YOU HAVE ACTUALLY PAID TO BETTERPRICE DURING ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT(S) GIVING RISE TO SUCH LIABILITY; (II) ANY LOST PROFITS, LOST OR DAMAGED USER CONTENT OR OTHER DATA, OR FAILURE TO MEET ANY DUTY, INCLUDING WITHOUT LIMITATION GOOD FAITH AND REASONABLE CARE; OR (III) ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER.
YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN BETTERPRICE AND YOU. YOU UNDERSTAND THAT THE SITE, SERVICES AND SOFTWARE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CERTAIN STATES DO NOT ALLOW THE LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTY DISCLAIMERS” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION SHALL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
If BetterPrice is unable to perform any obligation under this Agreement because of any matter beyond its reasonable control, such as lightning, flood, exceptionally severe weather, fire, explosion, war, civil disorder, industrial disputes (whether or not involving employees of BetterPrice), acts of local or central government or other competent authorities, problems with telecommunications providers, hostile network attacks or other events beyond BetterPrice’s reasonable control (each, a “Force Majeure Event”) or any other reason, BetterPrice will have no liability to you for such failure to perform; provided, however, that BetterPrice shall resume performance promptly upon removal of the circumstances constituting the Force Majeure Event. If any Force Majeure Event continues for more than sixty (60) days, either BetterPrice or you may terminate this Agreement by delivery of written notice to the other party. You will remain responsible for all Fees incurred through the last day the Services were available.
If you and BetterPrice have executed a separate Subscription Agreement applicable to your access to and use of the Site, Services and/or Software, then the terms and conditions of such Subscription Agreement shall prevail to the extent of any conflict with the terms and conditions of this Agreement. In all other cases, this Agreement constitutes the entire agreement between BetterPrice and you with respect to its subject matter, and supersedes all prior communications and proposals, whether electronic, oral or written, between BetterPrice and you. No waiver or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of each party