Terms and Conditions
BetterFold is pleased to provide professional pick-up and delivery laundry services to our customers. Our services are subject to the terms and conditions below. Your use of BetterFold services (“Services”) indicates your agreement to be bound by the terms and conditions contained herein. Please read the following provisions carefully and let us know if you have any questions. We look forward to doing business with you!
Please Note: This Terms of Service (“Terms” or “Agreement”) contains the complete terms and conditions that govern your use of the BetterFold Services, BetterFold website, and BetterFold mobile app, including, unless otherwise expressly stated any subdomains thereof, and any other website or mobile application through which BetterFold makes the Services available.
Further, please note these Terms contain an arbitration clause and class action waiver that applies to your use of the BetterFold website, mobile application and services. It affects how disputes with BetterFold are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.
BY CONTINUING TO ACCESS, USE OR ATTEMPT TO INTERACT WITH, ACCESS OR USE ANY PART OF THE WEBSITE(S), THE MOBILE APPLICATION, CONTENT OR SERVICES OFFERED BY BETTERFOLD, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE BETTERFOLD WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES. BETTERFOLD RESERVES THE RIGHT, WITHOUT ADVANCE NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT BETTERFOLD’S SOLE DISCRETION. YOU WILL BE NOTIFIED OF ANY CHANGES TO THIS AGREEMENT UPON SUCH CHANGES GOING INTO EFFECT. FURTHER, YOUR CONTINUED ACCESS TO OR OF USE THE BETTERFOLD WEBSITE(S), MOBILE APPLICATION, CONTENT OR SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
Last Updated: December 4, 2024
We are always improving our Services, so these Terms may need to change along with our services. We reserve the right to change the Terms at any time, but if we do, we will place a notice on our site located at https://www.betterfold.com.
Should you not agree with the new Terms, you are free to reject them. Upon rejection of the terms you will no longer be able to use our Services. Use of Services in any way after a change to the Terms is effective is an agreement to all changes made.
Customer Accounts
You will be asked to provide certain registration details or other information prior to your use of the BetterFold services. It is a condition of your use of the services that all the information you provide will be correct, current, accurate and complete. If BetterFold believes the information you provide is not correct, current, accurate or complete, BetterFold has the right to deny access to the services, or to any of its resources, and to terminate or suspend your access and use at any time without notice to you.
Any termination or suspension shall also result in the termination of any and all future services requested or pre-paid for—the latter which shall result in a full refund of any amount pre-paid for such future services. In the event of a termination or suspension, BetterFold shall complete the current services and you shall be responsible for paying for such services. Termination or suspension shall not waive your responsibility to pay any outstanding invoices for services rendered on or before the termination or suspension of your account.
You are responsible for maintaining the confidentiality, security and maintenance of your account information, including but not limited to: login credentials (username and passwords or passcodes), credit card information, debit card information, banking information (account numbers, routing numbers, bank name, etc.), communications with BetterFold. You must immediately notify BetterFold if any information listed in this section has been lost, stolen, misappropriated, or otherwise compromised.
Further, you must immediately notify BetterFold if any unauthorized access to your account has occurred. From time to time, BetterFold may require that you change your password. You are prohibited from using the services provided in connection with BetterFold, the BetterFold website(s) or Mobile Applications to compromise security or tamper with system resources and/or accounts, either yours or other customers. The use or distribution of tools designed for compromising security is strictly prohibited. If you become involved in any violation of system security, BetterFold reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents, to suspend and/or terminate your account and prohibit your use of and access to the BetterFold websites, applications, and services, and take any additional action as permitted by law.
BetterFold reserves the right to investigate suspected violations of this Agreement. BetterFold reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any email messages, or publishing or otherwise making available any materials that are believed to violate this Agreement. You are liable for any and all activities conducted through your account, unless such activities are not authorized by you and you are not otherwise negligent with respect to such activities.
Pickup and Delivery
All services will be provided by a BetterFold provider. Pick-up/Delivery will take place on a predetermined day and frequency as determined by you and BetterFold, except on certain holidays.
BetterFold or you may change the predetermined pick-up/delivery times with advance notice by either you or BetterFold. BetterFold requires at least a (12) hour notice prior to any change.
Under your discretion, you are able to leave your items in a secure spot for pick up, along with a description of the location provided on the booking form. This also applies to delivery. Items left for pick up are not under our care until we have retrieved said items. Items left for delivery at the predetermined location will not be under our care once they have been left at the agreed upon location. BetterFold is not responsible for, and shall not pay for, any loss, damage or theft of items left unattended by the customer for pick-up or delivery. We strongly advise you to choose a secure location that is outside of public view.
Services will be provided within a 2 day turn around or within the next day from the date of pick up. If your order meets the following circumstances there may be an extension:
*The order is larger than (5), 13 gal bags in size or 100lbs in weight.
*Requires unexpected and additional processing for stubborn stains, extra drying time or other items or services either requested or approved by the customer which require additional processing time.
*A new date and time has been established and accepted by both parties.
Missed Pickup and/or Delivery
If a scheduled pickup/delivery is missed, you must coordinate with BetterFold staff in order to reschedule. You may be subject to a missed pickup/delivery fee in the amount of $10 if you fail to notify BetterFold of a delay in your pickup/delivery time or do not provide such notice at least (12) hours prior to the scheduled day and time for pickup or delivery.
Payment
By placing an order to utilize our services, you are offering to purchase the services you have selected in said order. Our acceptance of the offer occurs at the time we accept your order for pickup at the designated location. Prior to our acceptance of your order, there is no agreement between you and BetterFold binding BetterFold to the performance of any services requested in your order. If your order is accepted, we will send you an electronic communication acknowledging receipt of your order.
Your payment card will be charged the amount of your selected services upon final measurement (weight) determination of your order, including any service fee applicable to your order. Notwithstanding the foregoing, the amount charged to you for your selected services is subject to change in accordance with any additional amounts owed as a result of customer change requests or inclusion of specialty items not selected on booking form. These shall be charged to your payment card.
All online payments are processed through BetterFold’s secured Third Party payment system. Customers understand by inputting their payment information it is authorization as payment for services rendered. BetterFold does not accept cash.
BetterFold reserves the right to change prices at any time. Prices for services shown on the BetterFold website may differ from the prices actually assessed to you, due to packaging measurements, weight, non-standard items, your inclusion of specialty items in your order that were not accounted for in your booking form submission, taxes, service fees and other applicable fees.
If additional services outside of the customer’s initial request are requested, the customer authorizes BetterFold to charge the fee for such services to his/her credit card on file.
BetterFold reserves the right in its sole discretion to suspend and/or terminate a customer’s account and the services to be provided to the customer in the event an invoice is not fully paid. Late fees and termination or suspension of a customer’s account and services shall apply to commercial customers and residential customers. In the event a payment method is dishonored, rejected or otherwise not capable of being processed (“Payment Denial”), BetterFold may assess additional fees to account for any additional expenses or servicing incurred by BetterFold as a result of such Payment Denial. Any amounts owed by a customer thereafter suspension or termination of the customer’s account shall remain due, owed and payable immediately to BetterFold.
BetterFold does not designate any portion of your payment as a tip or gratuity. You understand and agree that, while you are free to provide additional payment as a gratuity you are under no obligation to do so. Gratuities are voluntary.
Refunds
Except as described in this paragraph, all sales are final and all payments are non-refundable. A customer who has signed up for a prepaid package plan or gift card will have the right to cancel his or her contract within (14) days of signing up for the BetterFold service and receive a full refund if no promotional value was received. After such a fourteen day period expires, BetterFold shall have no obligation to refund any amounts paid by the customer. If a promotional value was received, the sale is final and the payment is non-refundable.
Gift Card Purchaser: In the event the customer has used a gift card to purchase services, and thereafter requests a refund, and such refund is consistent with the terms set forth in this section, any refund to be provided shall be provided to the customer by way of a newly issued gift card with a balance reflecting the total refunded amount.
Contaminated Items
The customer agrees not to include any of the following items inside their laundry bag (i) non-washable items, (ii) items that are labeled for dry cleaning only, (iii) items that have been exposed to bed bugs, (iv) items that have been exposed to or have come into contact with bio hazardous materials including, without limitation: feces, urine, blood, mold, mildew, lice and other bugs, irrespective of whether such contact or exposure resulted in visible contamination; or (v) any other items not meant for laundering. Should items that have been exposed to bed bugs or hazardous materials be sent for processing BetterFold reserves the right to charge for any services or products needed to mitigate damages caused to the BetterFold workspace, vehicle, or physical body and may include compensation for the time required to remedy the situation. BetterFold also reserves the right to return contaminated items unprocessed if the items are discovered as contaminated pre-processing and a Trip Fee of $30.00 will be charged.
Garment Care
BetterFold strives to provide high quality laundering services and will use all reasonable precautions to avoid damage to clothes. BetterFold, however, is not liable for any damage due to standard laundering of items, cleaning of items without care instructions, for dry clean items placed inside laundry bags, for special-processing items (delicate-wash, air-dry, stain-treatment) not placed in a separate bag, damage resulting from items left in the clothing, bleeding of colors, shrinking or any other alteration resulting from standard washing procedures.
Standard laundering procedures are defined as sorting laundry by color, washing laundry in a washer with detergent and water, and drying laundry in a dryer with heat. Should damage result from a deviation in standard washing procedures, please contact BetterFold directly.
BetterFold will follow any reasonable instructions provided by the customer, including water or drying temperatures. BetterFold does not read and is not responsible for reading cleaning instruction labels and is not responsible for special care items, such as dry clean only items, which are included in the laundry bag. Although BetterFold uses their best efforts to remove stains, stain removal is not guaranteed.
Customers acknowledge that items that have been air-dried (per customer request or BetterFold’s determination for best garment care) may be damp upon delivery. The customer is responsible for any and all damage caused by any items left in the customer’s clothing or laundry bag that causes damage to the clothing of any customer, the cleaning machines, or any other property of BetterFold.
BetterFold may refuse to clean any garment at their sole discretion. BetterFold will re-clean items that, at its sole discretion, were not properly cleaned, and have not been worn since they were cleaned, at no additional cost. BetterFold is not responsible for loss of or damage to any personal or non-cleanable items left in the clothing or laundry bags such as money, jewelry, or any other item. The customer agrees not to leave such items in their clothing or in their laundry bags and acknowledges by sending items they have checked all pockets. Zippers behave unpredictably while cleaning. Although zippers generally are not an issue, the customer acknowledges that there is a possibility of zipper issues, zipper damage and damage to other items as a result of the zipper’s inclusion in the cleaning process with such items, while following standard wash procedures, and BetterFold does not accept any liability for such issues or damage.
Damaged Items
While we strive to provide high-quality laundering services and use all reasonable precautions to avoid damage to clothes, there is a possibility for clothing and other items to be damaged. Damaged items must be reported to BetterFold within (5) business days of return of your laundered clothes. Notice can be provided by contacting support@betterfold.com or by phone at 270-883-1411.
Damaged items may be collected for evaluation to determine whether the damages are a result of regular wear and tear, which includes standard washing when the customer has not provided specific instructions on the cleaning methods of the applicable item, shrinkage from repeat laundering, color bleeding or fading, small holes or tears, or thinning of fabric, or if such damage is attributed to BetterFold’s services on such damaged items. Whenever possible, and if such damage is attributed to BetterFold’s services on such damaged items, we will attempt to restore garments to good condition.
BetterFold is not responsible for, nor shall BetterFold reimburse you for any damage attributed to regular wear and tear. For any items deemed damaged attributed to BetterFold’s services and not a direct or indirect result of regular wear and tear, and in the event that the items cannot be restored, BetterFold may reimburse up to the full value of that item and the item will be retained by BetterFold. Items will be evaluated and depreciated using the International Fair Claims Guide for Consumer Textiles Products. In any event, BetterFold’s aggregate liability shall not exceed an amount of $300.00 USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.
BetterFold is not liable for any pre-existing damage to a garment or other item and reserves the right to return any item without cleaning it if any pre-existing damage is found or if BetterFold has a concern about the color fastness or the age or weakness of the fabric of such item.
BetterFold will offer refunds or reimbursements for payment made for the cleaning of any items which cannot and are not cleaned due to the aforementioned reasons. All refunds/reimbursements offered by BetterFold to the customer, must be accepted by the customer within (10) days from the time of the offer. Once the (10) day period has expired, the customer’s claim will be considered resolved and closed. By accepting a refund or reimbursement you agree such amounts provided to you through that refund or reimbursement constitutes full accord and satisfaction for any amounts which may be owed.
Lost Items
In the rare event that something is lost, customers must provide notice within (5) business days of return. Notice can be provided by contacting support@betterfold.com or call us at 270-883-1411. Items are considered lost if not returned to the customer within (10) days after the claim has been made. Any item deemed lost in BetterFold’s care may be eligible for reimbursement up to the full value of that item. Items will be evaluated for depreciation using the International Fair Claims Guide for Consumer Textiles Products. A receipt or proof of purchase will be required. In any event, BetterFold’s aggregate liability shall not exceed an amount of $300.00 USD. Therefore, it is recommended that items included in an order do not have a value exceeding such aggregate liability total as stated above.
BetterFold shall not take responsibility for any loose items, including without limitation, watches, jewelry, cufflinks, and other personal items which are not typically included as part of an order for laundering services, which are lost. Additionally, BetterFold is not liable for items misplaced before pick up or after delivery.
Laundry Measurement
Orders are measured in quantities of weight per pound or (1) BetterFold reusable bag. Measurements (weights) are made after drying the items within the bag(s). Per-item measurements are in quantities of (1) whole unit. We use these measurements to determine the total fee assessed to you for your order. If you believe that our measurements and such measurement’s corresponding fee includes a discrepancy or error, you must contact us concerning such alleged discrepancy or error within (5) business days of the return delivery of your completed order.
Use of Third-Party Providers
BetterFold reserves the right and in its sole discretion, without notice whether advance or thereafter such right has been exercised, to utilize any outside vendor, contractor or other person or business to provide services under this Agreement. BetterFold is not liable for any damage or loss due to the acts or omissions of any third party provider.
Right of Publicity Consent
BetterFold may from time to time request to use your name, photograph, written communication, customer testimonial and comments, and/or video presence while you are interacting with us. You are free to decline this request without reservation or explanation. However, you acknowledge and agree that should you consent to such request you immediately grant BetterFold the perpetual, unrestricted, worldwide, royalty‐free right to use, reproduce, publish and otherwise distribute your name, photograph, video presence, personal story, written communication, customer testimonial and comments and/or likeness (collectively, “Likenesses”) in advertising and in BetterFold promotional materials, in any and all formats, platforms or other media or social media now existing or hereafter created, and you hereby waive all claims for remuneration for such use and you release and forever discharge BetterFold from any and all claims and demands arising out of or in connection with the use of Likenesses. This authorization may be canceled at any time (for purposes of future uses only) by contacting BetterFold by email.
In addition, upon your consent, you acknowledge and agree that such consent shall assign to BetterFold any and all copyright interest and right of publicity that may arise as a result of such filming or photography.
Confidentiality and Disclaimer
BetterFold takes privacy and personal information seriously. BetterFold uses customer information to provide services, to process payment, facilitate billing, and for any other purpose reasonably necessary to provide services under this Agreement. Additionally, personal information may be disclosed when required by law necessary to enforce this Agreement or necessary to protect the rights, interests, property of safety of BetterFold or others. From time-to-time, we also may send merchant service announcements, newsletters, and periodic notices about specials and new products
Limits of Liability and Disclaimer
BetterFold’s liability shall be limited to general money damages in a maximum amount not to exceed ($300) for the instance the charges incurred by the customer during the term in which the damages are alleged to have occurred. This liability shall be the extent of BetterFold’s liability regardless of the form in which any legal or equitable action may be brought and the foregoing shall constitute the customer’s exclusive remedy. BetterFold disclaims all warranties, express or implied, with respect to BetterFold and the services rendered to the customer, including without limitation warranty of merchantability and warranty of fitness for a particular purpose.
UNDER NO CIRCUMSTANCES SHALL BETTERFOLD BE LIABLE TO CUSTOMERS OR ANY THIRD PARTY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THIS AGREEMENT, PROVISION OF SERVICES HEREUNDER OR ACTS OR OMISSIONS OF BETTERFOLD SUCH AS, BUT NOT LIMITED TO, LOSS OF USE; LOSS OF REVENUE; ANTICIPATED PROFITS OR LOST BUSINESS; COSTS OF DELAY; PERSONAL OR PROPERTY DAMAGE, OR LIABILITIES TO THIRD PARTIES ARISING FROM ANY SOURCE.
Mediation and Dispute Resolution
In the event of any dispute arising out of or in relation to the services provided by BetterFold, this Agreement or the breach, termination, enforcement or interpretation thereof, or your access to and use of the BetterFolde websites, or any components thereof (each a “Dispute”) the parties agree to the following dispute resolution provisions: First, the party presenting the Dispute shall submit the Dispute to mediation to be conducted by a BetterFold designated or independent mediator, as agreed upon by them.
Mediation shall take place within Marshall County, Kentucky.
The Mediator shall have the authority to determine the reasonableness of the dispute and each party’s claims or defenses against the other, and may determine any amounts due to either party under this Agreement, or arising out of such claim. The parties agree to enter mediation in good faith in order to resolve the dispute by such mediation and to comply with any settlement agreement reached therein. If mediation fails to resolve any matter, Dispute or component thereof between the parties,, you agree that such matter, Dispute or component thereof not resolved by mediation shall be settled by binding arbitration under the rules of the American Arbitration Association.
Arbitration shall occur within Marshall County in the state of Kentucky, or any other location to which you and BetterFold mutually agree to in writing.
The prevailing party of arbitration between you and BetterFold shall be entitled to reasonable attorneys’ fees and expenses from the non-prevailing party to the extent such fees and expenses are permitted under applicable law and the American Arbitration Association Rules.
The arbitrator’s decision shall be final and binding, including all conclusions which render an award to either party. Judgment rendered by the arbitrator may be entered in any court of competent jurisdiction.
WAIVER OF JURY TRIAL. YOU AND BETTERFOLD HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO A TRIAL BY JURY IN RESPECT OF ANY LEGAL ACTION ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE BETTERFOLD WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY BETTERFOLD, OR ANY COMPONENTS THEREOF.
CLASS ACTION WAIVER. YOU AND BETTERFOLD HEREBY ACKNOWLEDGE AND AGREE THAT EACH AND BOTH, COLLECTIVELY AND INDEPENDENTLY, IS IRREVOCABLY AND UNCONDITIONALLY WAIVING ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION OR ANY OTHER REPRESENTATIVE PROCEEDING AS TO ALL CLAIMS, DISPUTES OR CONTROVERSIES ARISING OUT OF OR IN RELATION TO THIS AGREEMENT, ACCESS TO AND USE OF THE BETTERFOLD WEBSITES, MOBILE APPLICATIONS, SERVICES PROVIDED BY BETTERFOLD, OR ANY COMPONENTS THEREOF.
Miscellaneous
BetterFold reserves the right to discontinue services at its discretion without advance notice to you. In such case, any pre-paid fees for which services have not been provided will be refunded to you.
This Agreement, including the arbitration provisions herein, shall be governed in all respects by the laws of the State of Kentucky.
Neither Customer nor BetterFold shall be liable to the other for any failure or delay in its performance due to any cause beyond its control, including acts of war, acts of God, earthquake, tornado, snow storm, riot, sabotage, labor shortage or dispute, internet interruption, government acts, and other similar events.
Each provision of this Agreement shall be interpreted in such manner to be effective and valid under any applicable law, but if any provision is held to be invalid, illegal or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provisions.
The failure of BetterFold to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by BetterFold must be in writing and signed by an authorized representative of BetterFold.
This Agreement constitutes the entire agreement between you and BetterFold relating to the subject matter hereof, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and BetterFold. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the BetterFold Privacy Policy and the BetterFold Application Addendum), guidelines, or rules that may apply to you while you are on the BetterFold websites, mobile applications, or through your use of the services provided by BetterFold.
BetterFold may revise the Terms at any time by updating this posting. You should review the Terms from time to time to determine if any changes have been made.Your continued access to or use of the BetterFold websites, mobile applications, content or services after any changes have been made to the Terms signifies and confirms your acceptance of such changes.
BETTERFOLD APPLICATION ADDENDUM
This Application Addendum (“App Addendum”) is an addendum to the BetterFold Terms of Service and governs your use and access to BetterFold’s mobile application (“Application”). This App Addendum incorporates and applies all language of the BetterFold Terms of Service to this App Addendum. In the event there are any conflicting provisions between this App Addendum and the BetterFold Terms of Service, as such provisions relate to your use of and access to the Application, the provisions of this App Addendum shall govern.
This App Addendum is entered into between you and BetterFold only and does not include any mobile application platform (i.e. Apple via AppStore or Google via PlayStore). However, any mobile application platform for which you use and access the Application shall be permitted to enforce this App Addendum against you as a third party beneficiary relating to your use and access to the Application.
Together with this App Addendum, you are required to accept the BetterFold Terms of Service prior to your use of and access to the Application. If you do not agree to the terms set forth in the BetterFold Terms of Service or this App Addendum, you are prohibited from use of and access to the Application.
LICENSE
BetterFold, by and through the terms of this App Addendum hereby grants you a non-exclusive, non-transferable license, without the right of sublicense, to access and use the Application during the Term of the BetterFold Terms of Service and this App Addendum, whichever terminates first, in a manner consistent with the terms of the BetterFold Terms of Service and this App Addendum to benefit from the services provided by BetterFold as set forth in the BetterFold Terms of Service. All rights not expressly granted to you through this Agreement are reserved solely for BetterFold.
RESTRICTIONS ON USE OF APPLICATION
You agree you shall not edit, alter, abridge or otherwise change in any manner the content of the Application, including, without limitation, all copyright and proprietary rights notices. Further, you agree you shall not, and shall not permit others to:
create or enable the creation of derivative works, modifications, or adaptations of the Application;
decompile, reverse engineer, disassemble, decrypt, or in any way derive source code from the Application;
copy, distribute, publicly display, transmit, sell, rent, lease or otherwise exploit the Application;
distribute, sublicense, rent, lease, loan, or grant any third party access to and/or use of the Application.
use any robot, spider, other automatic device or program or manual process to monitor, copy or reproduce the Application, or any information stored on or in the Application;
use the Application to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of a third-party’s privacy rights;
use the Application to interfere with or disrupt the capabilities and performance of the Application or services provided by BetterFold as defined in the BetterFold Terms of Service;
use the Application in attempts to gain unauthorized access to parts of the Application which you are not permitted access; or (b) is unauthorized by law or the terms of this App Addendum;
breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, this App Addendum, the BetterFold Terms of Service or the BetterFold Privacy Policy.
use the Application in a manner that indicates, either directly or indirectly, any partnership, endorsement, affiliation or opinion of you, or any other information you provide through your use of the Application, between you and BetterFold.
use the Application to request, make or accept all or part of the services provided byBetterFold in order to circumvent any fees associated with the use of the Application or services provided by BetterFold.
discriminate against or harass anyone on the basis of their race, national origin, religion, gender, physical or mental disability, medical condition, marital status, sexual orientation or age, or otherwise engage in abusive or disruptive behavior.
create or enable the creation of derivative works, modifications, or adaptations of the Application or any components thereof;
attempt to decompile, disassemble or reverse engineer any software, or any parts of the software used in the implementation and operation of the Application.
gain or attempt to gain for yourself access to the Application when you are prohibited from doing so pursuant to applicable laws, the BetterFold Terms of Service or this App Addendum,
provide or attempt to provide persons access to the Application who are prohibited pursuant to applicable laws, the BetterFold Terms of Service or this App Addendum.
violate or infringe upon anyone else’s rights or otherwise cause harm (whether physical, mental or emotional) to anyone.
use the Application for any purpose inconsistent with the terms set forth herein and the BetterFold Terms of Service.
Modification of Application. BetterFold reserves the right at any time and from time to time to modify, discontinue or terminate the Application, either temporarily or permanently, without notice. You agree that BetterFold shall not be liable to you or to any third party for any modification, suspension, termination or discontinuation of the Application. In the event a modification includes assessing a fee to you for your use of the Application that is not already implemented either by the Application or through the services provided by BetterFold or its Providers, you will be notified in advance and be provided the ability to consent to such fees.
PROPERTY RIGHTS; PROHIBITIONS AS TO THE APPLICATION
Ownership. BetterFold retains all ownership and intellectual property rights to the Application and any documentation provided to you, if any, that relates to or is part of the Application.
Trade Secrets. You agree that the Application and all associated trade secrets relating to the Application, BetterFold and the services provided by BetterFold are the exclusive property of BetterFold. You agree not to disclose, disseminate, transmit via any medium whatsoever, or make available the Application or any associated trade secrets as set forth in this section, to any third party without BetterFold’s prior written consent.
LIMITATIONS OF LIABILITY
BETTERFOLD AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND LICENSORS (“THE PARTIES”) WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY THIRD PARTY, FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS AND LOST REVENUES (COLLECTIVELY, THE “EXCLUDED DAMAGES”), ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR ACCESS TO OR INABILITY TO USE OR ACCESS THE APPLICATION, WHETHER OR NOT CHARACTERIZED IN NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY. IN NO EVENT WILL THE PARTIES’ LIABILITY TO YOU EXCEED THE AMOUNT OF THREE HUNDRED DOLLARS ($300). IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE PARTIES’ LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW. YOU WILL INDEMNIFY, DEFEND AND HOLD HARMLESS VM FOR ANY LOSS, DAMAGE OR COST IN CONNECTION WITH ANY CLAIM OR ACTION WHICH MAY BE BROUGHT BY ANY THIRD PARTY AGAINST BETTERFOLD OR THE PARTIES RELATING TO ANY BREACH OF THIS AGREEMENT BY YOU.
DISPUTE RESOLUTION
This Agreement and performance under it will be governed by the substantive laws of the State of Kentucky, disregarding its conflict of law rules. If federal jurisdiction exists over any suit, action, or proceeding arising out of or relating to this Agreement, the parties consent to exclusive jurisdiction and venue in the State of Kentucky, County of Marshall. If not, the parties consent to exclusive jurisdiction and venue in the Kentucky state courts sitting in Marshall County, Kentucky. In any such suit, action, or proceeding, the prevailing party may recover its reasonable attorneys’ fees, costs, and other expenses, including those on appeal or in a bankruptcy action. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act, as currently enacted by any jurisdiction or as may be codified or amended from time to time by any jurisdiction, do not apply to this Agreement.
EXPORT REGULATIONS; U.S. GOVERNMENT RESTRICTIONS
You acknowledge that the Application may be subject to United States export laws, statutes and regulations and to export laws, statutes and regulations of other countries, and that you will at all times comply with the provisions of such laws, statutes and regulations including obtaining any necessary or required licenses. You shall not export or re-export or otherwise transmit, directly or indirectly, the Application into, or use the Application in, any country prohibited or restricted under United States export laws, statutes or regulations or any other applicable laws.
SURVIVAL
The sections titled: Restrictions on Use, Property Rights; Prohibitions as to the Application, Limitation of Liability, Dispute Resolution, Survival and Incorporation of Addendum shall survive any termination of this App Addendum.
INCORPORATION OF ADDENDUM
This App Addendum is an addendum to the BetterFold Terms of Service and is incorporated therein. Accordingly, all of the terms set forth in the BetterFold Terms of Service together with this App Addendum shall apply to you and your use of and access to the Application. In the event, there is a conflict of terms between the BetterFold Terms of Service and this App Addendum, the provisions of this App Addendum shall govern.