Welcome to Bardy!

Bardy is owned and operated by Bardy LLC.

These are the terms and conditions for: 

• Bardy mobile application (Available on Google Play and App Store).

• https://www.bardy.ai

The following terms and conditions apply to your use of the Bardy platform and the services available on the platform. This includes mobile and tablet versions, as well as any other version of Bardy accessible via desktop, mobile, tablet, social media or other devices.

By using the platform, you agree to these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" refers to the Bardy mobile application and the Bardy website together, unless referred to individually in the document, "we", "us", "our", and "Bardy", refers to Bardy, and "you", and "user", refers to you, the Bardy user.  

PLEASE READ THESE CONDITIONS CAREFULLY BEFORE USING THE SERVICES AND FUNCTIONALITIES AVAILABLE ON THE PLATFORM.

1. ACCEPTANCE OF TERMS

By using the platform, you agree to be bound by this agreement. If you do not agree to the terms of this agreement, you must not use our services and our platform. We may modify this agreement from time to time, and such modification will be effective upon posting on the platform. You agree to be bound by any modifications to these terms and conditions when you use Bardy following the posting of such modification; therefore, it is important that you review this agreement regularly.

By using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are not under any legal incapacity or contractual restriction that would prevent you from entering into this agreement.

2. NOTIFICATIONS 

By providing your email address to Bardy, you agree that we may use your email address to send you notifications about Bardy. We may also use your email address to send you notifications and other messages, such as changes to service features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your unsubscribe request through the contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notifications and mailings about updates, news or special content.

3. SERVICES

Bardy provides a background music and ambience platform for tabletop role-playing games, using Artificial Intelligence technology to create immersive listening experiences. Users can access Bardy's services through various subscription options, including free, monthly and one-time payment options.

By using Bardy's services, users agree that all music and ambience creations generated through the platform are the exclusive property of Bardy and are protected by copyright. Users are entitled to use the creations for their personal, non-commercial role-playing games, but may not distribute, sell, or use Bardy's creations for commercial purposes without obtaining Bardy's express written consent.

Bardy strives to provide continuous, high quality service, but does not guarantee that the services will be available without interruption, error or failure. Bardy reserves the right to modify, suspend or discontinue any aspect of the services at any time, without notice and without liability to users.

By agreeing to these terms, users acknowledge that Bardy shall not be liable for any loss, damage or inconvenience caused by the use or inability to use the services, including but not limited to technical problems, service interruptions or errors in the creations generated by the platform. Users are responsible for providing the equipment and internet connections necessary to access Bardy's services and for ensuring that their use of the platform complies with all applicable laws and regulations.

4. SUBSCRIPTIONS

Bardy offers the following subscription plans:

• Free

• Monthly

• Lifetime (one-off payment)

Users will be able to use the platform through a free subscription, monthly paid subscriptions and one-time subscriptions. With the exception of the free subscription, when a user purchases a subscription, Bardy will send a confirmation email. This confirmation email will be produced automatically so that the user has confirmation of payment and the start of the subscription. If the user does not receive the email confirming the purchase and the start of the subscription, it is possible that it has been sent to your spam folder.

With the exception of the free and one-time subscriptions, subscriptions include automatic monthly billing payments. You authorize Bardy to renew your subscription and to charge you periodically and progressively on each billing date. The subscription billing date is the date on which you purchase the subscription and make the first payment. On the corresponding billing date, you will automatically be charged the corresponding subscription fee. The subscription will remain active until you cancel it or we terminate it. You must cancel your subscription before it renews to avoid the next billing period. We will bill you for the subscription billing fee in the payment method you choose during registration and subscription purchase.

Subscriptions will automatically renew for an additional period unless canceled prior to the next billing period. To cancel subscriptions, users must submit a cancellation request through our contact information and the subscription will be canceled for the next billing period. If a subscription is canceled, the user may continue to use the website payment features for the subscription until the next billing period, at which time the subscription and access to the website payment features will be canceled.

Bardy may change or discontinue the availability of subscriptions at any time at its sole discretion. If a subscription purchase is canceled, the payment made for the subscription will be refunded for the applicable billing period. This does not affect your statutory rights.

5. PAYMENTS

Users will be able to pay for subscriptions through the following payment methods:

• Credit/debit card (Visa, Mastercard, Discover, Amex, Diners, etc.) 

• PayPal

With the exception of the free subscription, the subscription payment will be charged to your credit or debit card upon completion of the subscription payment and registration process. The subscription will be activated upon completion of the payment and registration process. Except for the free subscription and one-time subscription, the monthly subscription will be charged on each billing date automatically. Once the transaction is processed, we will send an electronic receipt to the user's email address. 

If you find any inconsistencies in your billing, please contact us via our contact details or you can make a complaint via the customer service of the relevant payment processor.

If your card is declined, you will receive an error message. No payment will be charged to your card and no order will be processed. There may be a pending transaction on your account until your card issuing bank withdraws the authorization. This usually takes 2 to 5 working days. Your card may be declined for a number of reasons, such as insufficient funds, AVS (Address Verification System) mismatch or you have entered an incorrect security code.

If your payment is declined, you will need to provide an alternative payment method or provide another card on which the payment can be charged and processed.

Your payment details will be treated and retained securely and for the sole purpose of processing the purchase of the subscriptions. Bardy reserves the right to engage any payment processor available.

6. LIMITATION OF LIABILITY

Bardy, its affiliates, directors, employees, agents, suppliers and licensors shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Bardy has been advised of the possibility of such damages), resulting from: (i) the use or inability to use the background music and tabletop role playing game setting services provided through Artificial Intelligence; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions conducted through or from the services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the services; (v) any content generated by Bardy Artificial Intelligence, including but not limited to errors, omissions or inaccuracies in such generation; or (vi) any other matter related to the services.

You understand and agree that Bardy shall not be liable for any loss or damage resulting from your misuse of the platform or your failure to comply with the provisions of these terms and conditions. Bardy does not warrant that the services will be uninterrupted, timely, secure or error-free; nor does Bardy warrant that any errors in the services will be corrected. Further, Bardy does not warrant that the music and mood creations generated by Artificial Intelligence will meet the user's specific expectations or be suitable for the user's particular purpose.

User agrees to use the platform at user's own risk and acknowledges that Bardy's services are provided on an "as is" and "as available" basis. Bardy makes no warranties, express or implied, as to the fitness of the services for a particular purpose, their quality, their non-infringement, or their suitability for the user's needs.

User agrees to indemnify and hold Bardy harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses (including, but not limited to, attorneys' fees) arising out of the use of and access to the services, or the breach of these terms and conditions. This indemnification and limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

User acknowledges and agrees that Bardy shall not be responsible for any content generated by Bardy AI, and that the entire risk for use of the platform shall rest solely with the user. Under no circumstances shall Bardy's total aggregate liability to user for any and all claims related to use of the services exceed the amount paid by user to Bardy for use of the services during the six (6) month period immediately preceding the date of any claim.

7. LICENSE TO USE THE PLATFORM

Bardy grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Bardy platform and downloadable through the App Store and Google Play Services free of charge, including but not limited to modified versions, updates, upgrades, enhancements, improvements, additions, additions and copies, if any. This license is for the sole purpose of allowing you to use the features available on the platform in the manner permitted by these terms. 

The user agrees not to use the platform negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests, or rights of the Bardy platform or third parties.

Bardy reserves the right to terminate your access immediately, with or without notice, and without liability to you, if Bardy believes that you have violated any provision contained in these terms.

8. COPYRIGHT

All the content available on the platform, including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, software and other elements are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Bardy or by third parties that have licensed or otherwise provided their material to the platform. You acknowledge and agree that all Materials on Bardy are made available for limited, non-commercial, personal use only. Except as specifically provided herein. No material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose, by any person or entity, without Bardy prior express written permission. You may not add, delete, distort, or otherwise modify the material. Any unauthorized attempt to modify any material, to defeat or circumvent any security features, or to utilize Bardy or any part of the material for any purpose other than its intended purposes is strictly prohibited.

9. COPYRIGHT INFRINGEMENT 

Bardy will respond to all inquiries, complaints and claims regarding alleged infringement for failure to comply with or violation of the provisions contained in the Digital Millennium Copyright Act (DMCA). Bardy respects the intellectual property of others, and expects users to do the same.  If you believe, in good faith, that any material provided on or in connection with the website infringes your copyright or other intellectual property right, please send us your copyright infringement request pursuant to Section 512 of the Digital Millennium Copyright Act (DMCA), via our contact information, with the following information:  

• Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers or a statement regarding ownership of the work should be included.

• A statement specifically identifying the location of the infringing material. 

• Your name, address, telephone number and email address.

• A statement by you that you have a good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner, or its agents, or by law.

• A statement by you, made under penalty of perjury, that the information in your notification is accurate, and that you are the copyright owner or authorized to act on its behalf.

• An electronic or physical signature of the copyright owner or of the person authorized to act on the copyright owner's behalf.

10. PROHIBITED ACTIVITIES

The following activities are prohibited:

• Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.

• Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.

• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.

• Deep-link to any portion of the services for any purpose without our express written permission.

• "Frame", "mirror" or otherwise incorporate any part of the platform into any other platform or service without our prior written authorization.

• Attempt to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any software program used by Bardy.

• Circumvent, disable or otherwise interfere with security-related features of the platform or features that prevent or restrict use or copying of any content. 

11. DISCLAIMER OF WARRANTIES 

Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.

You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Bardy for any loss or damage caused as a result.

Bardy shall not be liable for any amount for failure to perform any obligation under this Agreement if such failure is due to the occurrence of any unforeseen event beyond its reasonable control, including, without limitation, Internet outages, communications outages, fire, flood, or any uncontrollable act of nature.

Subject as aforesaid, to the maximum extent permitted by law, Bardy excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Bardy and Bardy shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:

• Any incorrect or inaccurate information on the platform.

• The infringement by any person of any Intellectual property rights of any third party caused by their use of the platform.

• Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.

• Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.

• Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Bardy.

• All representations, warranties, conditions and other terms which but for this notice would have effect.

12. ELECTRONIC COMMUNICATIONS

Bardy will not accept any responsibility for failed, partial or garbled computer transmissions, for any breakdown, failure, connection or availability of computer, telephone, network, electronic or Internet hardware or software, for Internet accessibility or availability or traffic congestion or for any unauthorized human acts, including any errors or mistakes.

13. INDEMNIFICATION

You agree to defend and indemnify Bardy from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

• Your breach of this agreement or the documents referenced herein.

• Your violation of any law or the rights of a third party.

• Your use of the Bardy platform.

14. CHANGES 

We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. 

15. INTEGRATION CLAUSE

This agreement together with the privacy policy and any other legal notices published by Bardy, shall constitute the entire agreement between you and Bardy concerning and governs your use of the platform.

16. SEVERABILITY

If any section of these terms is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. Our failure to enforce or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision in the future.

17. FORCE MAJEURE

Bardy shall not be liable for any failure due to causes beyond its reasonable control, including but not limited to acts of civil authorities, acts of military authorities, riots, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances. 

18. TERMINATION

Both the user and Bardy acknowledge that failure to comply with these terms and conditions may result in termination of the agreement between both parties.

In case of non-compliance by the user: If the user fails to comply with any of the terms set forth in these terms and conditions, Bardy reserves the right to unilaterally terminate the user's access to and use of the platform. Bardy may take this action without prior notice, and the user will automatically lose all rights to access and use the platform. Furthermore, Bardy shall not be liable for any loss of data or information associated with the user's account.

In case of non-compliance by Bardy: If Bardy fails to comply with its obligations under the agreed terms and conditions, the user shall be entitled to terminate the agreement and stop using the platform. The user shall notify Bardy in writing of the breach and allow a reasonable time for Bardy to remedy the situation. If Bardy does not remedy the breach within the set period, the user may proceed with the termination of the agreement. 

Termination of the agreement shall not release either party from any obligations and liabilities that have arisen prior to the date of termination.  

Continued use of the platform after termination of the agreement by either party shall imply acceptance of the conditions set forth in the terms and conditions in effect at that time.

19. DISPUTES

You acknowledge and agree that any dispute, claim or controversy arising out of or relating to these terms and conditions, whether for breach, termination, enforcement, interpretation or validity, as well as any aspect of the use of the platform, shall preferably be resolved by binding arbitration between you and Bardy. However, the right of both parties to bring individual claims before a court of competent jurisdiction if deemed necessary remains.

In the event of any dispute arising in connection with the use of the platform or breach of these terms and conditions, both parties agree to seek a solution through an arbitration process. This process will be carried out before a recognized and respected arbitration entity, selected by mutual agreement of both parties and following the applicable commercial arbitration rules.

In addition, the user agrees, to the extent permitted by applicable law, not to initiate, join or participate in class action lawsuits associated with any claim, dispute or controversy that may arise in connection with the use of the platform. This commitment seeks to promote a more agile and personalized resolution of any conflict, favoring arbitration and individual legal actions over collective proceedings.

20. GOVERNING LAW AND JURISDICTION

Although the platform and services will be available internationally, these terms and conditions shall be governed by and construed in accordance with the laws of the United States, specifically the laws of the State of Arizona. Any dispute relating to these terms shall be subject to the exclusive jurisdiction of the state or federal courts of the State of Arizona. This applies unless binding arbitration is agreed to in the applicable section. 

21. FINAL PROVISIONS

The use of our platform and the services offered by Bardy is conditioned upon your acceptance of and compliance with all of the terms and conditions set forth. This authorization to use our services does not extend to jurisdictions where these provisions are not respected or enforced.

Our commitment to the enforcement of these terms is strictly governed by applicable laws and legal process. Importantly, these terms do not restrict our ability to comply with legal or governmental requirements, including, but not limited to, those related to law enforcement and the use of our platform. Information provided or collected in connection with the use of the platform will be subject to these requirements.

In the event that any provision of these terms is held invalid, illegal or unenforceable by a court or competent authority, such decision shall not affect the validity or enforceability of the remaining provisions. The failure or delay in enforcing any of these terms by us at any time shall not constitute a waiver of our rights to enforce such provision, or any other provision, in the future.

We reserve all rights not expressly granted herein, while maintaining the protection of and respect for our intellectual property rights and prerogatives at all times.

22. CONTACT INFORMATION

If you have questions or concerns about these terms, please contact us using the contact information below:

Bardy LLC.

1026 W Cooley Dr, Gilbert AZ 85233

support@bardy.ai