Terms of Service

The following User License Agreement governs your use of the software and services provided by David Freeman Consulting Group, Inc. ("BD Buddy", "we", "our", or "us"). This is a legal agreement between you and BD Buddy and incorporates the Privacy Policy. By registering your use of the Service, you are accepting and agreeing to be bound by the terms of this User License Agreement.

(a) "Administrator"

A Subscriber with authority to designate additional Authorized Users and/or Administrators, and commit the Subscriber to additional services from BD Buddy.

(b) "Authorized User"

An individual subscriber or the partners, members, employees, temporary employees, and independent contractors of an organization with a subscription to the Service who have been added to the account as users.

(c) "Content"

Any information you upload or post to the Service and any information provided by you to BD Buddy in connection with the Service, including information about your Authorized Users, clients, contacts, tasks, campaigns, and business development activities.

(d) "Service"

Any software or services provided by BD Buddy, including but not limited to business development task management, campaign automation, analytics, cross-selling opportunities, gamification features, and related tools.

(e) "Subscriber"

The purchaser of the Services provided by BD Buddy and shall also include any present or former agent, representative, independent contractor, employee, or any entity or person who had authority to act on your behalf.

2.1 Subscriber is granted a non-exclusive, non-transferable, limited license to access and use the Service.

2.2 BD Buddy does not review or pre-screen the Content and BD Buddy claims no intellectual property rights with respect to the Content.

2.3 Authorized Users agree not to reproduce, duplicate, copy, sell, resell or exploit access to the Service without express written permission from BD Buddy.

2.4 Authorized Users agree not to modify, reverse engineer, adapt or otherwise tamper with the Service or modify another website so as to falsely imply that it is associated with the Service or BD Buddy.

2.5 Authorized Users agree not to use the Service in any manner which may infringe copyright or intellectual property rights or in any manner which is unlawful, offensive, threatening, libelous, defamatory, or in violation of the terms of this Agreement.

2.6 Authorized Users agree not to use the Service to upload, post, host, or transmit spam, viruses, worms, or any code of a destructive or malicious nature.

2.7 Except for the non-exclusive license granted pursuant to this Agreement, Subscriber acknowledges that all ownership, license, intellectual property and other rights in and to the Service shall remain solely with BD Buddy.

2.8 BD Buddy reserves the right at any time to modify or discontinue, temporarily or permanently, any feature associated with the Service, with or without notice, except that BD Buddy shall provide Subscriber with 30-days notice of any modification that materially reduces the functionality of the Service.

2.9 BD Buddy reserves the right to temporarily suspend access to the Service for operational purposes, including maintenance, repairs or installation of upgrades, and will endeavor to provide no less than two business days notice prior to any such suspension.

3.1 Subscriber is only permitted to access and use the Service if they are an Authorized User. Authorized Users are required to provide their full legal name, a valid email address, and any other information reasonably requested by the Service.

3.2 Each Authorized User will be provided with a unique identifier (Username) to access the Service. The Username shall only be used by the Authorized User to whom it is assigned and shall not be shared with any other person.

3.3 The initial Administrator shall be the Primary Subscriber with authority to administer the subscription and designate additional Authorized Users and/or Administrators.

3.4 Administrators are responsible for all use of the Service by Authorized Users associated with their subscription.

3.5 As between BD Buddy and the Subscriber, any Content uploaded or posted to the Service remains the property of the Subscriber.

3.6 All access to and use of the Service via mechanical, programmatic, robotic, scripted or any other automated means not provided as part of the Service is strictly prohibited.

4.1 BD Buddy and any third party vendors and hosting partners utilized to provide the Service shall hold Content in strict confidence and shall not use or disclose Content except (a) as required to perform obligations under this Agreement; (b) in compliance with legal requirements as outlined in Section 6 of this Agreement, or (c) as otherwise authorized by you in writing.

4.2 BD Buddy may generate and publish aggregate, anonymized reports on system usage and Content trends, provided they do not identify individual Subscribers or their confidential information.

5.1 BD Buddy is responsible for providing secure authentication and access to the Service, including user password management, secure password transmission, and password protection following industry best practices.

5.2 Subscriber is responsible for protecting the security of usernames and passwords and for the accuracy of personal information provided to the Service.

5.3 Subscriber will implement policies to prevent unauthorized use of usernames and passwords, and will promptly notify BD Buddy upon suspicion of compromise.

5.4 BD Buddy will use information security best practices for transmitting and storing your Content, adhering to industry standards, including network security techniques such as firewalls, intrusion detection, and authentication protocols.

5.5 BD Buddy shall report to Subscriber any event representing unauthorized access to, disclosure of, use of, or damage to Content (a "Security Breach") within 72 hours after learning of the Security Breach.

BD Buddy maintains that its primary duty is to protect the Content to the extent the law allows. BD Buddy reserves the right to provide information to third parties as required and permitted by law (such as in response to a subpoena or court order).

If BD Buddy is required by law to make any disclosure that is constrained by this Agreement, BD Buddy will provide Subscriber with prompt written notice (to the extent permitted by law) prior to such disclosure so that the Subscriber may seek a protective order or other appropriate relief.

BD Buddy's managed backup services are designed to facilitate restoration of Content in the event primary data is lost or corrupted. BD Buddy shall ensure recovery of lost or corrupted Content at no cost to you.

Following any cancellation or termination of Service, Subscriber shall have ninety (90) days to retrieve any and all Content.

8.1 Subscribers with paid subscriptions will provide BD Buddy with valid payment information. All subscription fees are exclusive of applicable taxes which Subscribers agree to pay based on their location.

8.2 Monthly Subscribers will be charged in advance each 30 days. Annual Subscribers will be charged annually on the anniversary date of the initial subscription charge. All charges are final and non-refundable.

8.3 No refunds or credits will be issued for partial periods of service, upgrade/downgrade refunds, or refunds for periods unused with an active subscription.

8.4 Subscriptions cancelled prior to the end of the annual billing cycle will not be charged again in the following annual cycle.

8.5 Adding Authorized User subscriptions or subscription upgrades will trigger prorated charges in the current billing cycle. Subscriber authorizes BD Buddy to apply updated charge amounts.

8.6 All prices are subject to change upon notice. Such notice may be provided by email or announcement on the Service.

8.7 Subscriber is responsible for paying all taxes associated with the subscription to the Service.

9.1 Administrators are solely responsible for canceling subscriptions. An Administrator may cancel their subscription at any time by accessing the Service settings or contacting support.

9.2 BD Buddy has the right to suspend or discontinue providing the Service to any Subscriber without notice for actions that are in material violation of this Agreement and create a security emergency.

9.3 Upon cancellation or termination of a subscription, Content is made available to the Administrator. Following a period of no less than ninety (90) days from the cancellation or termination, all Content associated with such subscription will be irrevocably deleted from the Service.

SUBSCRIBER AGREES THAT THE LIABILITY OF BD BUDDY ARISING OUT OF ANY CLAIM IN ANY WAY CONNECTED WITH THE SERVICE WILL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID FOR THE SERVICE WITHIN THE SIX MONTH PERIOD BEFORE THE DATE THE CLAIM AROSE.

SUBSCRIBER FURTHER AGREES THAT BD BUDDY IS NOT AND WILL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, ATTORNEY FEES) RELATING TO THIS AGREEMENT.

THESE DISCLAIMERS APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, WHETHER THOSE DAMAGES ARE FORESEEABLE AND WHETHER BD BUDDY HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

BD BUDDY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS WITH RESPECT TO ANY SERVICES PROVIDED BY BD BUDDY.

BD Buddy makes no warranty that its services will be compatible with your computer or other equipment, or that these Services will be secure or error free, except as specifically outlined in the Security and Access section of this Agreement.

Subscriber agrees to indemnify and hold harmless BD Buddy from and against any claim, action, proceeding, loss, liability, judgment, obligation, penalty, damage, cost or expense, including attorneys' fees, which arise from or relate to Authorized Users' breach of any obligation stated in this Agreement or Authorized Users' negligent acts or omissions.

BD Buddy shall defend, indemnify and hold Subscriber harmless against any loss, damage or costs in connection with claims made or brought against Subscriber by a third party alleging that the Service infringes a copyright, patent, or trademark of a third party or involves the misappropriation of any trade secret.

The Service may allow you to access, use or integrate with third party providers of products and services. Such Third Party Services are not subject to BD Buddy's warranties, indemnities, service commitments or other obligations.

The availability of any Third Party Services does not imply BD Buddy's endorsement of or affiliation with the provider. Access to and use of any Third Party Services are subject to separate terms and conditions required by the providers.

BY USING OR ENABLING ANY THIRD PARTY SERVICE, SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT ANY LIABILITY AND REMEDIES RELATED TO A THIRD PARTY SERVICE IS WHOLLY GOVERNED BY THE APPLICABLE THIRD PARTY AGREEMENT AND BD BUDDY DISCLAIMS ALL LIABILITY RELATED TO SUCH THIRD PARTY SERVICE.

14.1 Technical support and training are available to Authorized Users with active subscriptions via email or electronic support ticket.

14.2 Subscriber acknowledges that BD Buddy may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

14.3 The failure of either party to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.

14.4 This Agreement constitutes the entire agreement between Authorized Users and BD Buddy and governs use of the Service, superseding any prior agreements.

14.5 BD Buddy reserves the right to amend this Agreement. In the event of material changes, BD Buddy will notify Subscribers by email or other reasonable means prior to their enactment. Continued use of the Service after reasonable notice will be considered acceptance of any new terms.

14.6 Neither party may assign any of its rights or obligations hereunder without the prior written consent of the other party, except in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

14.7 Governing Law. This Agreement shall be governed by the laws applicable in the State of California, United States, without regard to conflict of law provisions. All disputes will be resolved by the courts of California, and Subscribers consent to the jurisdiction of and venue in such courts.

For questions regarding these Terms of Service, please contact:

David Freeman Consulting Group, Inc.
Email: hello@bdbuddy.ai
Phone: +1 (310) 773-7691

You may also reach us through our contact page.