Introduction

 

These Terms and Conditions shall apply to the services that are accessible to you (the “Services”) from our mobile application (the “MBG App”) and our website at www.mybedroomguide.com (the “Website”).

 

Each time you access the MBG App and Website you are agreeing that you will accept and will be bound by these terms as well as all other applicable laws and regulations relevant to the Services. Please read these terms carefully before accessing and using any of the Services. They form a legal agreement between you and Better Half Limited, a company registered in England and Wales (“we”, “our”, “us”, “Paired”).

 

Our Privacy Policy also sets out some very important information that you need to be aware of. The policy describes how we will collect, process, and use your information which may include your personal data as such term is defined under the General Data Protection Regulations.

 

Only continue to use our Services if you agree with these Terms and Conditions, and if you acknowledge and understand how we will use the information that you will provide to us.

 

We may revise these terms at any time and notify you of the updated version. From time to time, updates to the MBG App may be issued through your app store provider. Depending on the update, you may not be able to use the MBG App until you have downloaded the latest version of the app and accepted any new terms.

 

2. Accessing our Services

 

You confirm that you are old enough to use our Services and to enter into a binding agreement with us, and if not, that you have the permission of your parent or legal guardian, who will take responsibility for your compliance with these terms. In any event, our Services are not directed to anyone under the age of 17. If you are under the age of 17, please do not use or access our Services.

 

You warrant that you are the owner of the device to which you have downloaded our App and accessed the Services, or that you have obtained permission from the owner of that device to download the App and access the Services. You accept responsibility in accordance with these terms for the use of the App on any device, whether that device is owned by you. You also agree that we shall have no liability for the access of any of your information that’s accessible from our App in the event your device is shared, or you otherwise make it accessible to another party.

 

3. Our Services

 

Our Services comprise the provision of content in the form of entertainment, sexual tasks and assignments, locations, and other adult content, for you or you and your partner. These Services may integrate insights and studies about relationships and sexual preferences.

 

We may change (amend, restrict, or delete) the content making up our Services at any time and we have no obligation to maintain a particular content offering regardless of you or your partners affinity, level of completion, or engagement with that content offering.

 

 

4. Therapy and Relationship Advice Disclaimer

 

Our Services strengthen many facets of relationships, however, you agree that our Services are not to be considered as a substitute for qualified or professional therapy or any type of relationship advice. You acknowledge that use of our Services cannot guarantee a particular result and should not solely be relied on to make decisions about your relationship. In using the Services, you are solely responsible for the accuracy of the information that you input and the subsequent use of any insights you derive from using the Services or information directly provided to you by your partner.

 

5. Your account and profile

 

You may have to create an account and provide us with a password before you can use our Services. Where an account is required, you must be authorised to take all actions that are performed on or through your account. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your account. Your account must be used by you (you and your partner)  and nobody else and is not transferable. You shall immediately notify MBG should you suspect any unauthorised use of your account or password, you shall provide true, up-to-date and complete information about yourself during registration and ensure this information remains current.

 

7. Fees and payment

 

MBG Services require payment which may be taken automatically by your chosen payment method. We will always make any payment terms clear to you before you sign up for a paid Service. Any such payment terms shall be incorporated into and form part of these Terms and Conditions. When purchasing MBG services you may make your purchase from an app store provider such as the Google Play Store or Apple App Store. If from an app store provider, in addition to these terms, you will be subject to the terms of the app store provider.

 

At our discretion, we may change the price and nature of a paid Service, but if you are already paying for that Service, we will always give you notice should the price change. We accept no responsibility for any losses you may incur as after the purchase of the service you are not able to cancel a payment after you have agreed to purchase the Services.

 

MBG services have no subscription and are fully available at one time purchase.

 

If you think that you may be entitled to a refund for Services and you purchased those Services from our Website, you can contact us at support@mybedroomguide.com. If you purchased the Services from an app store provider then you should contact that app store provider as we will be unable to process such refund requests.

 

8. Promotional and marketing offers

 

We may offer promotional offers and in app offers from time to time which may include discounts or account credits, may be subject to expiration dates and may only be applicable to selected users of a Service. We reserve the right to withhold or remove credit from a user account or end a promotion without notice if at our sole discretion we believe a user is not acting in good faith in relation to the terms of the promotion.

 

9. Our Ownership Rights

 

The Services and the MBG App contain logos, software, computer code, images, videos, text, icons, graphics, information, and other content (collectively, “My Bedroom Guide Content”). All My Bedroom Guide Content and how it is assembled, collected and arranged are the property of My Bedroom Guide and its licensors and protected by copyright, trademark, and other proprietary and intellectual property laws.

 

My Bedroom Guide grants you a limited, personal, non-transferable, non-sublicensable, worldwide and non-exclusive licence to use the MBG App and the My Bedroom Guide Content solely for the receipt of the Services and only in accordance with these terms of use and any rules or policies applied by any app store provider from whose site you downloaded the MBG App. This licence is revocable at any time without notice and with or without cause.

 

You shall not (and shall not allow any third party to), except to the extent expressly permitted under applicable law, copy, modify, frame, create a derivative work from, reverse engineer, reverse assemble, or otherwise attempt to discover any source code in the MBG App or any My Bedroom Guide Content.

 

You shall not sell, rent, lease, loan, redistribute, assign, sublicense, republish, grant a security interest in or otherwise transfer any right in the MBG App or My Bedroom Guide Content, in whole or in part.

 

Nothing in these terms grants you a licence to use any My Bedroom Guide trademarks or the trademarks of any third parties in the My Bedroom Guide Content. You understand and agree that you will not obtain as a result of your use of the Service, any right, title or interest in or to any My Bedroom Guide Content or the MBG App.

 

10. Your Contributions to our Community

 

Where you submit comments, reviews, or other materials to the Community (the “Contributions”), you will retain all your ownership rights in the Contributions.

 

However, you grant us a non-exclusive, transferable, perpetual, royalty-free, worldwide licence to copy, use, reproduce, distribute, display, publish, adapt, prepare derivative works of and/or amend any Contribution in any format, and for any purpose including in relation to the promotion and development of our Services (for example, by displaying on our Website, within the App, in social media, on any website or platform in the internet as we may deem appropriate).

 

You will ensure that you have obtained the right (and permission if required) to the Contributions if you are not the owner and that we can rely on your submission as an indication you have procured these rights.

 

11. Acceptable Use

 

You shall not:

 

(a) use the Services or any My Bedroom Guide Content in any unlawful manner;

 

(b) misuse the Services (including, without limitation, by hacking or inserting malicious code);

 

(c) infringe our or any third party’s intellectual property rights in your use of the Services or My Bedroom Guide Content;

 

(d) use the Services to transmit chain letters, junk or spam;

 

(e) use Services to harass, abuse or harm another person;

 

(f) take any action that in our sole discretion places an unreasonable or disproportionately large load on our servers or other infrastructure; or

 

(g) use the Services in any way which may cause, or be likely to cause, access to or use of the Services to be interrupted, damaged or impaired in any way.

 

12. Termination of Services

 

We may terminate your access and use of the Services (or any of them) and these terms at our discretion if we have good reason to believe you have breached these terms. In such circumstances you are not entitled to the refund of any amounts you may have paid us for the Services. We may modify or discontinue, temporarily or permanently, the Services (or any part of them) at our discretion. We will give you notice of such modification or discontinuance wherever possible. You agree that MBG shall not be liable to you or to any third party for any modification or discontinuance of the Services.

 

You may discontinue your use of the Services (or any part of them) at any time.

 

On termination of these terms for any reason:

 

(a) all rights granted to you under these terms shall cease;

 

(b) you shall no longer have access to any Services;

 

(c) you must immediately cease all activities authorised by these terms; and you must immediately delete or remove the MBG App from your devices.

 

13. Links to and from other apps and websites

 

Any links to third party surveys, content, apps or websites are provided solely for your convenience. We have not reviewed all of these third party links and do not control and are not responsible for these third party links or their content or availability. We do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party apps/websites linked to from our Services, you do so entirely at your own risk.

 

14. Disclaimers

 

The Services are provided "as is", without any conditions, warranties or other terms of any kind (other than those required by applicable law and which cannot be excluded by contract) and are used by you at your own risk. Accordingly, to the maximum extent permitted by law, we provide you with the Services on the basis that we exclude all representations, warranties, conditions and other terms which, but for these terms, might have effect in relation to the Services.

 

By playing MBG app, you play at your own risk and accept that we are not responsible for any legal repercussions it may cause. We are not responsible for any injuries, physical or psychological.

 

16. Limitations and exclusions of liability

 

Nothing in these terms shall exclude or limit your liability or our liability for death or personal injury caused by negligence; for fraud or fraudulent misrepresentation; or under any indemnity you have agreed to provide in these terms. Subject to this, we shall not be liable in contract, tort (including, without limitation, negligence), for pre-contract or other representations, or otherwise arising out of or in connection with these terms for:

 

(a) any economic losses (including, without limitation, loss of revenues, profits, contracts, data, business, anticipated savings or cost of substitute services);

 

(b) any loss of goodwill or reputation; or

 

(c) any special, indirect or consequential losses,

 

(d) in any case, whether or not such losses were within either of our contemplations at the date of acceptance of these terms.

 

Subject to the above, our aggregate liability to you in relation to all events or series of connected events occurring under these terms (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the total amount you have paid for the Services in the six month period immediately preceding the date of the first event allegedly giving rise to the liability.

 

Nothing in these terms excludes any statutory rights which may apply to your use of the Services which cannot be excluded, restricted or modified by contract.

 

17. General

 

These terms and the relationship between you and My Bedroom Guide shall be governed by the laws of England without regard to any conflict of law provisions of any jurisdiction. Both you and My Bedroom Guide agree to submit to the exclusive jurisdiction of the English courts, except that My Bedroom Guide may seek injunctive relief in any jurisdiction in order to enforce its rights under these terms.

 

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these terms that is caused by any act or event beyond our reasonable control, including failure of public or private telecommunications networks (“Event Outside Our Control”). If an Event Outside Our Control takes place that affects the performance of our obligations under these terms of use:

 

our obligations under these terms shall be suspended for the duration of the Event Outside Our Control; and

 

we will use our reasonable endeavours to find a solution by which our obligations under these terms may be performed despite the Event Outside Our Control.

 

No person other than you and My Bedroom Guide shall have any rights under these terms in relation to your use of the Services. We may transfer our rights and obligations under these terms to another organisation, but this will not affect your rights or our obligations under these terms. You may only transfer your rights or obligations under these terms if we agree in writing.

 

Any failure of or delay by My Bedroom Guide to exercise or enforce any right or provision of the terms shall not constitute a waiver of this right or provision. If any provision of the terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the terms shall remain in full force and effect.

 

You agree that these terms represent the entire understanding between you and My Bedroom Guide in respect of your relationship with MBG. These terms supersede any previous agreements between you and My Bedroom Guide ncluding any previous version of these terms.

 

18. Contact

 

Questions, comments and requests regarding our terms and conditions are welcomed and should be sent to support@mybedroomguide.com.