Enactment Date 07/2022

These Terms of Service (the “Terms”) are between you (hereinafter “you”, “your” or “Customer”) and the BoulderBot developer (“Developer”, “we”, “us”, or “our”) and governs the use of the BoulderBot Software (the “Application”, “Software”) and services (“Service” or “Services”).

By downloading and continuing to use the Application and the related Services, you are assenting to these Terms. If you do not agree to these Terms, do not use the Application or the related Services.

Prohibited Conduct

You agree to use the Application in accordance with these Terms and applicable laws and regulations. You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using the Application. In connection with your use of the Application and the Services, you will not:

• • Engage in any harassing, threatening, intimidating, predatory or stalking conduct
• • Impersonate another person or log into an account which you are not authorized to access
• • Use or attempt to use another User's account without authorization from that User and BoulderBot
• • Use the Application in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying use of the Application and the Services or that could damage, disable, or impair the functioning of the Application and the Services in any manner, including with respect to BoulderBot's network or network security
• • Collect or post anyone's private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information
• • Interfere or attempt to interfere with the service or any user, host or network, including by way of introducing a virus, overloading, "flooding" or crashing, or sending unsolicited e-mail, promotions or advertisements
• • Reverse engineer, decompile, or disassemble any aspect of the Application or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the Application
• • Develop or use third-party applications that interact with the Application or Services without our prior written consent, including any scripts designed to scrape or extract data from the Application or the related services
• • Engage in any act that BoulderBot deems to be in conflict with the spirit or intent of the Service or make improper use of BoulderBot's support services

User Account

You may be required to select a password for your Account or you may also use other credentials to access the Account ("Login Information"). You shall not share the Account or the Login Information, nor let anyone else access your Account or do anything else that might jeopardize the security of your Account. In the event you become aware of or reasonably suspect any breach of security, including without limitation any loss, theft, or unauthorized disclosure of the Login Information, you must immediately notify BoulderBot and modify your Login Information. You are solely responsible for maintaining the confidentiality of the Login Information, and you will be responsible for all uses of the Login Information, whether or not authorized by you.

You shall not (or attempt to) purchase, sell, rent or give away your Account, create an Account using a false identity or information, or on behalf of someone other than yourself; You shall not (or attempt to) pose as an existing person, group, or organization in a confusing or deceptive manner; You shall not use the Service if your account has been terminated by BoulderBot.

You shall not create more than one Account for the Service: attempting to create more than one Account for any purpose (including but not limited to username squatting and ban evasion) will result in the termination of all your Accounts.

BoulderBot reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to account inactivity or claims by a third party that a username violates the third party's rights

User Content

"User Content" means any communications, images, sounds, and all the material, data, and information that you upload or transmit through the BoulderBot Application or Service, or that other users upload or transmit, including without limitation any chat text. By transmitting or submitting any User Content while using the Service, you affirm, represent and warrant that such transmission or submission:

• • is accurate and not confidential, deceptive, fraudulent or misleading
• • is not in violation of any laws, contractual restrictions or other third party rights, and that you have permission from any third party whose personal information or intellectual property is comprised in the User Content
• • is free of viruses, adware, spyware, worms or other malicious code
• • does not contain nudity, sexually explicit materials, excessive violence, or offensive subject matter, and does not contain a link to such content
• • is not obscene, defamatory, libelous, slanderous, violent and/or unlawful
• • does not reference or promote the use or sale of illegal or regulated substances, tobacco products, ammunition and/or firearms
• • does not reference or promote gambling, including without limitation any online casino, sports books, bingo or poker

You acknowledge and agree that any of your personal information within such content will at all times be processed by BoulderBot in accordance with its Privacy Policy.

Any User can report User Content they deem objectionable for review. BoulderBot reserves the right to moderate, modify, censor or remove any objectionable User Content, and to terminate any Accounts responsible for posting such Content.

BoulderBot does not claim ownership of any User Content you post, upload or submit to any publicly accessible area of the Service. However, by doing so you are granting us a worldwide, royalty free, sub-licensable, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such User Content on the Service. With your permission, we may also use your User Content in other types of media, including social media platforms, for promotional purposes.

Termination

BoulderBot reserves the right to stop offering and/or supporting the Service or part of the Service at any time, at which point your right to use the Service or a part thereof will be automatically terminated. In such event, BoulderBot shall not be required to provide refunds, benefits or other compensation to users in connection with such discontinued Service. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.

You may terminate your Account at any time and for any reason by using the "User Profile -> Delete Account" functionality.

Changes to These Terms

We may update these Terms from time to time. When we do, we will post the current version in the Application and update the Enactment Date on top of the document. If you do not agree to such an update, you must immediately stop using the Application and the related Services. By continuing to access or use the Application or the related Services, you confirm your acceptance of the updated Terms.

Severability

If any provision of these Terms is deemed void or unenforceable, the remainder of these Terms shall remain in full force and effect.

Governing Law

These Terms, including all claims relating to or arising hereof or breach thereof, whether sounding in contract, tort or otherwise, will be governed and construed in accordance with the laws of Italy.

Contact Information

If you have any questions about these Terms or the Application you may contact us using any of the methods described in the Contact Us Page