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Last Updated Date: December 1, 2025

BAIL BUDDY, LLC

TERMS OF SERVICE 

Welcome and thank you (“you”, “your”, or “User”) for your interest in Bail Buddy, a service made available by BailBuddy, LLC, (“Bail Buddy”, “we”, “us” or “our”). These Terms of Service (“Terms of Service”), and together with any applicable and all BailBuddy policies linked or referenced in these Terms of Service, or other terms and conditions provided to User by Bail Buddy from time to time, (collectively the “Agreement”) describe the terms and conditions that apply to your use of (a) the website located at [website URL] and its subdomains (collectively, the “Website”), (b) the Bail Buddy proprietary cloud service, as modified from time to time (“Platform”), (c) any proprietary apps or software that BailBuddy distributes to User as part of the Platform (“Bail Buddy Software”); and (d) the products, services, content, and other resources available on or enabled via our Website and the Platform (collectively, with the Platform, Website, and Bail Buddy Software, the “Service”).

PLEASE READ THIS AGREEMENT CAREFULLY. THIS AGREEMENT GOVERNS THE USE OF THE SERVICE AND APPLIES TO ALL USERS VISITING OR ACCESSING THE SERVICE. BY ACCESSING OR USING THE SERVICE IN ANY WAY, ACCEPTING THIS AGREEMENT BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE ACCOUNT REGISTRATION PROCESS, OR ACCESSING THE PLATFORM, YOU REPRESENT THAT: (a) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, (b) YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND ARE NOT BARRED FROM USING THE SERVICE UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION; AND (c) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT PERSONALLY OR, IF YOU ARE ACCESSING OR USING THE SERVICE ON BEHALF OF AN ENTITY, ON BEHALF OF THE ENTITY IDENTIFIED IN THE ACCOUNT REGISTRATION PROCESS. IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT IS DOING SO ON BEHALF OF AN ENTITY, ALL REFERENCES TO “YOU” OR “YOUR” IN THIS AGREEMENT WILL ALSO BE DEEMED TO REFER TO SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THE AGREEMENT, YOU MAY NOT ACCESS OR USE THE SERVICE.

SECTION 15 (ARBITRATION AGREEMENT) INCLUDES AN AGREEMENT TO ARBITRATE WHICH REQUIRES, WITH LIMITED EXCEPTIONS, THAT ALL DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING AND FINAL ARBITRATION. SECTION 15 ALSO CONTAINS A CLASS ACTION AND JURY TRIAL WAIVER. PLEASE READ SECTION 15 (ARBITRATION AGREEMENT) CAREFULLY.

DEFINITIONS

  • The following are some key terms that will be helpful as you read these Terms.  Other key terms may be defined in context within the Agreement. These are denoted by bold and capitalization.
    • “Account” means the account created by User in order to be able to send Payment and use the Service. 
    • “Agreement” means these Bail Buddy Terms of Service, together with the Privacy Policy and any other referenced or provided Bail Buddy Policies. 
    • “Bail Amount” means the amount of money for bail or fines incurred by Beneficiary as set and determined by Receiver. 
    • “Bail Buddy Fees” means the portion of the Payment retained by Bail Buddy for User’s use of the Services. Bail Buddy Fees is Payment minus Bail Amount. 
    • “Beneficiary” means the individual on whose behalf User is making Payment 
    • “Confidential Information” means all information disclosed by BailBuddy or made available to User through the use of or access to the Service, whether tangible or intangible and in whatever form or medium provided.
    • “Documentation” means all available materials, documentation, specification, technical manuals, user manuals, flow diagrams, file descriptions and other written information that describes the function and use of the Services which would enable Customer to use and operate the Services.
    • “Feedback” means any and all suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you relating to the Services. 
    • “Losses” means losses, liabilities, damages, penalties, liens, fees, including reasonable attorneys’ fees, disbursements and costs of investigation), costs and expenses. 
    • “Payment” means the amount of money charged to User for the payment of Bail Amount on behalf of the Beneficiary. Payment includes the Bail Amount, Bail Buddy Fees, and any fees charged by Payment Processor if applicable. 
    • “Payment Processor” means the third party used by Bail Buddy to facilitate the making of Payments by User. 
    • “Payment Processor Terms” means the terms and conditions and policies set forth by Payment Processor with respect to the payment processing services provided to User by Payment Processor. 
    • “Privacy Policy” means the Bail Buddy privacy policy found at [LINK TO PRIVACY POLICY].
    • “Receiver” means the entity who has set the Bail Amount and who will receive the Bail Amount paid by User on behalf of a Beneficiary. 
    • “Registration Data” means accurate, current, and complete information about a User as prompted by the registration form when creating an Account. 
    • “Usage Data” means all data analytics, technical logs, learnings, and data generated from User’s use of the Service, such as the aggregate number of transactions that occur within a particular Service. 

SCOPE AND SERVICE

  • Scope. The Service and the information and content available on the Service are protected by applicable intellectual property (including copyright) laws. Your right to access and use the Service, in whole or in part, is subject to this Agreement. BailBuddy offers a proprietary [payment system and ancillary applications and services that allows individuals to post bail or pay fines on behalf of another individual virtually]. Subject to User’s compliance with the terms of this Agreement, User may use the Service during the term of this Agreement solely for its own business purposes in accordance with the terms and conditions of this Agreement and the Documentation. 
  • Service. In order to use the Services, User will be required to enter certain specified information related to Beneficiary. User will then select the intended Beneficiary and confirm they have selected the correct Beneficiary. Upon confirmation, User will be re-directed to a payment page to provide the applicable Payment. Payment will be made by User in accordance with the terms of Section 3 of this Agreement, Payment Processor Terms and any terms set forth on the payments page.  
  • Bail Buddy Obligations. Once Payment has been confirmed and received by BailBuddy, BailBuddy will inform the Receiver, Receiver will then process the Beneficiary in accordance with Receiver’s policies and applicable law. Once Bail Buddy has remitted the Bail Amount to Receiver in accordance with the terms agreed upon between Bail Buddy and Receiver, Bail Buddy will have no further obligations to User or Beneficiary. Any additional payment or refund obligations are to be determined by Beneficiary and User. Furthermore, User acknowledges and agrees that it has confirmed the identity of the Beneficiary and that Payment is being provided on behalf of the correct individual as the Beneficiary. Bail Buddy shall have no liability to Beneficiary, User, or Receiver resulting from User’s incorrect or mistaken selection of a Beneficiary. 
  • Updates. BailBuddy reserves the right to change the Service (including the content, appearance, design, functionality and all other aspects thereof), access procedures, tools, Documentation, format requirements, communications protocols and services offered at any time for any reason without prior written notice to User; provided, however, such changes to the Services will not materially degrade the performance, availability or security of the Service.

PAYMENT PROCESS

  • Payment. User will be required to select the intended Beneficiary from a list on the Service. Once User has selected and confirmed the intended Beneficiary, User will be redirected to a payment page to make the Payment to Bail Buddy.  The amount of Payment includes the Bail Buddy Fee and the Bail Amount. User acknowledges and agrees that the amount of Payment includes payment to Bail Buddy of the Bail Buddy Fees in exchange for Users use of the Service. Bail Buddy will remit the Bail Amount to Receiver in accordance with the terms of an applicable agreement between Bail Buddy and Receiver. 
  • Payment Processor. Bail Buddy uses a third party Payment Processor in order to facilitate the User’s ability to make the Payment. User will be subject to the Payment Processor Terms when making the Payment through the Services. 
  • Chargebacks. By making a Payment, User agrees to the terms of this Agreement and the Payment Processor Terms and authorizes the transaction. User acknowledges and agrees that User will not initiate a chargeback to your credit card company or other payment provider for any reason unless Bail Buddy did not remit the Bail Amount to Receiver in accordance with its obligations under Section 2.3 of this Agreement. Bail Buddy reserves the right to charge back any fees incurred as a result of a chargeback initiated by you that is deemed invalid.

ACCOUNT

  • Registering Your Account. In order to access certain features of the Service, you will be required to register an Account.
  • Registration Data. In registering an account on the Service, you shall provide Registration Data and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. BailBuddy has the right to suspend or terminate any Account and refuse any and all current or future use of the Service to any User that provides false or inaccurate data.  
  • Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and will forever be owned by and inure to the benefit of BailBuddy. Furthermore, you are responsible for all activities that occur under your Account. You may not share your Account or password with anyone, and you agree to notify BailBuddy immediately of any unauthorized use of your password or any other breach of security. You agree not to create an Account or use the Service if you have been previously removed by BailBuddy, or if you have been previously banned from any of the Service. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You shall not have more than one Account at any given time. BailBuddy reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights.
  • Suspension. BailBuddy may suspend or terminate a User’s access to the Service, with or without notice, in the event that (a) User provides any information that is untrue, inaccurate, incomplete or not current, or BailBuddy has reasonable grounds to suspect that any information you provide is untrue, inaccurate, incomplete or not current; (b) User breaches the terms of this Agreement; (c) BailBuddy reasonably believes such action is necessary to protect the security or integrity of the Service or any data therein, or (d) User’s use of or access to the Service risks material harm to the Service, other Users, or others or violation of law. 

LICENSE GRANT AND OWNERSHIP

    • BailBuddy Grant of License. Subject to any limitations and restrictions set forth in the Section 7 (Acceptable Use Policy) and subject to User’s compliance with the terms of this Agreement, BailBuddy grants to User a limited, royalty-free, worldwide, non-exclusive, non-transferable license during the term of this Agreement to use and access the Service, for use by User in accordance with the terms of this Agreement.
    • Feedback.  BailBuddy shall have a royalty-free, worldwide, irrevocable, perpetual license to use or incorporate into the Service, without restriction, any Feedback. BailBuddy will not publicly identify User as the source of such Feedback without User’s permission.
    • Usage Data.  As between BailBuddy and User, all Usage Data shall be the sole and exclusive property of BailBuddy.  BailBuddy will not disclose Usage Data externally unless it is (a) de-identified so that it does not identify User; and (b) aggregated with data across other BailBuddy Users.
    • Ownership. Except for the limited license granted to User pursuant to Section 5.1 (BailBuddy’ Grant of License), User agrees that BailBuddy is the sole and exclusive owner of, and will retain all right, title and interest in and to the Service, Usage Data, Feedback, including all of the software comprising any portion thereof and all related services, specifications, Documentation, technical information, corrections, modifications, derivatives, additions, improvements and enhancements to and all intellectual property rights in the foregoing.  All techniques, know-how, software, algorithms and methods or rights thereto owned by BailBuddy at the time this Agreement is executed, developed during the course of the design, development, and provision of the Service, or which are employed by BailBuddy in connection with the Service, shall be and remain the property of BailBuddy. 

INVESTIGATIONS, MONITORING, & NO OBLIGATION TO PRE-SCREEN CONTENT

  • Monitoring. Bail Buddy may, but is not obligated to, investigate, monitor, pre-screen, remove, refuse, or review the Service at any time. You hereby provide your irrevocable consent to such monitoring. You acknowledge and agree that you have no expectation of privacy concerning your use of the Service. 
  • Disclosure. If Bail Buddy believes that criminal activity has occurred, BailBuddy reserves the right to, except to the extent prohibited by applicable law, disclose any information or materials on or in the Service in BailBuddy’ possession or control in connection with your use of the Service, to (a) comply with applicable laws, legal process or governmental request, (b) enforce this Agreement, (c) respond to your requests for customer service, or (d) protect the rights, property, or personal safety of BailBuddy, its users or the public, and all enforcement or other government officials, as BailBuddy in its sole discretion believes to be necessary or appropriate.

ACCEPTABLE USE POLICY

  • Compliance with Law and Regulation. User is responsible for complying with all applicable laws in all of User’s actions related to its use of the Service, regardless of the purpose of the use. 
  • User Conduct and Restrictions. User will not, and will not permit or enable any other third party to:  
    • sell, resell, lease, lend, distribute, provide access to, sublicense, or otherwise make available the Service, in whole or in part, to a third party;
    • in any way alter, change, modify, adapt, translate or make derivative works of the Service;
    • decompile, disassemble, or reverse engineer the Service or any elements of the Service, or otherwise derive source or object code or non-public APIs from the Service or any elements thereof; 
    • transmit any viruses or programming routines intended to damage, surreptitiously intercept, or expropriate any system, data or personal information; 
    • conduct security or vulnerability tests of the Service, interfere with its operation, or circumvent its access restrictions; 
    • use the Service to develop a product that competes with the Service or use the Service to provide, or incorporate the Service into, any substantially similar service for the benefit of a third party; 
    • do any “mirroring” or “framing” of any part of the Service, or create Internet links to the Service that include log-in information, User names, passwords, and/or secure cookies;
    • sublicense or operate the Service for timesharing, rental, outsourcing, or service bureau operations, or to train persons;
    • remove or obscure any proprietary or other notices contained in any Service; 
    • use any Service in violation of any Bail Buddy policy; or 
    • access the Service by any means other than through the interfaces provided by Bail Buddy.  

THIRD-PARTY SERVICE

  • Third-Party Websites, Applications and Ads. The Service may use AI Features, and/or contain links to third-party websites (“Third-Party Websites”), applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”) (collectively, the “Third-Party Services”). BailBuddy has no control over these Third-Party Services or their content, and does not assume responsibility or liability for any content, opinions, or material available on them. Third Party Sites may include websites operated by third parties that BailBuddy engages to provide certain services to User on BailBuddy’ behalf. The Service may also contain data or other materials that are made available by third parties, or content that are based on such third party data or other materials.
  • Disclaimer. BailBuddy does not own these Third Party Services or the content and materials contained therein. BailBuddy expressly disclaims, and does not assume, any responsibility or liability for any Third-Party Services, or any content, opinions, or material available on Third Party Services, or such Third Party Services’ privacy practices with respect to information that User provide via the Third Party Services. BailBuddy does not endorse the content of any Third Party Services or represent or warrant that a Third Party Service is or will be free of computer viruses or other harmful code that can impact User’s computer or other web-access device.  BailBuddy encourages the review of any Third Party Service’s Terms of Service and privacy policy as those, and not the Agreement, are applicable to the use of such Third Party Service and any information that they collect. 

INDEMNIFICATION

  • User agrees to indemnify and hold harmless BailBuddy, its affiliates, subsidiaries, shareholders, officers, directors, employees, licensors, contractors, agents and representatives, (each, a “BailBuddy Party” and collectively, the “BailBuddy Parties”) against any and all Losses suffered, incurred or sustained by any BailBuddy Parties or to which any BailBuddy Parties become subject, resulting from or arising out of or relating to any third party claims arising out of: (a) User’s use of, or inability to use, the Service; (b) User’s violation of the terms of this Agreement; (c) User’s violation of any rights of another party, including the infringement, violation or misappropriation of any intellectual property rights or proprietary rights of a third party; (d) User’s violation of any applicable laws, rules or regulations; and (e) User’s willful, grossly negligent, tortious or criminal acts or omissions. BailBuddy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will fully cooperate with BailBuddy in asserting any available defenses. The applicable BailBuddy Party shall provide User written notice of any claim for it seeks indemnification under this Section 9.

WARRANTIES

  • User Representations and Warranties. User represents and warrants to BailBuddy that (a) User has confirmed the identity of the Beneficiary and has sent Payment on behalf of its intended Beneficiary; (b) User will not file any Chargebacks User holds all applicable licensures and qualifications required by applicable law and will otherwise conduct itself in accordance with all applicable law, (b) User will at all times comply with applicable law in its use of the Services; (c) there are no applicable laws or regulations prohibiting User from using the Service, and (f) User satisfies and will continue to satisfy all eligibility requirements identified on the Service, as such requirements may be revised or updated. 
  • Disclaimer. 
    • EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, THE SERVICE IS MADE AVAILABLE BY BAILBUDDY TO USER “AS IS” AND WITH ALL FAULTS, ERRORS, BUGS AND DEFECTS. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, BAILBUDDY MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONDITION, CHARACTER, NATURE, CAPABILITY, PERFORMANCE, SECURITY, AVAILABILITY, SUITABILITY, TITLE, SOURCE OR ANY OTHER CHARACTERISTIC OF THE SERVICE OR ANY PORTION THEREOF. BAILBUDDY HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICE OR THIS AGREEMENT, INCLUDING: (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT; (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE; OR (iii) ANY WARRANTY THAT THE SERVICE WILL BE SECURE OR ERROR-FREE, WILL MEET USER’S REQUIREMENTS, WILL CONTAIN ANY PARTICULAR FEATURES OR FUNCTIONALITY, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY OR SECURE, OR OPERATE WITHOUT ERROR. 
    • ANY CONTENT, INCLUDING THIRD PARTY CONTENT, DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE SERVICE IS ACCESSED AT USER’S OWN RISK, AND USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS PROPERTY OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH CONTENT.
    • BAIL BUDDY FURTHER DISCLAIMS AND ANY ALL RESPONSIBILITY FOR USERS INCORRECT OR IMPROPER SELECTION OF A BENEFICIARY OR ANY OTHER ERRORS MADE BY USER, RECEIVER, OR ANY OTHER THIRD PARTY.

LIMITATION OF LIABILITY

  • Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAILBUDDY BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN AN EQUITABLE, LEGAL, OR COMMON LAW ACTION ARISING HEREUNDER FOR CONTRACT, STRICT LIABILITY, INDEMNITY, TORT (INCLUDING NEGLIGENCE), ATTORNEY’S FEES AND COSTS, OR OTHERWISE, FOR DAMAGES WHICH, IN THE AGGREGATE, EXCEED THE AMOUNT OF BAIL BUDDY FEES PAID BY USER FOR USE OF THE SERVICE GIVING RISE TO SUCH DAMAGES IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM. THE LIMITATIONS SET FORTH IN THIS ARTICLE 11 (LIMITATION OF LIABILITY) SHALL NOT APPLY TO  USER’S OBLIGATION TO PAY FOR PAYMENTS AND OTHER FEES  DUE UNDER THIS AGREEMENT OR ANY OTHER AGREEMENT BETWEEN USER AND BAILBUDDY. 
  • Disclaimer of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BAILBUDDY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWEVER CAUSED INCLUDING, BUT NOT LIMITED TO, ATTORNEYS FEES AND COSTS, BUSINESS INTERRUPTION OR LOSS OF PROFITS, BUSINESS OPPORTUNITIES, OR GOODWILL.
  • No Liability for Conduct of Third Parties. USER ACKNOWLEDGES AND AGREES THAT THE BAIL BUDDY PARTIES ARE NOT LIABLE, AND AGREES NOT TO SEEK TO HOLD THE BAILBUDDY PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING RECEIVERS, OPERATORS OF EXTERNAL SITES AND PAYMENT PROCESSORS AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH USER. USER UNDERSTANDS THAT BAILBUDDY DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OR INFORMATION PROVIDED BY OTHERS, INCLUDING RECEIVER. BAILBUDDY MAKES NO WARRANTY THAT THE SERVICES PROVIDED BY THIRD PARTIES WILL MEET USER’S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. BAILBUDDY MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY THIRD PARTY CONTENT OBTAINED THROUGH THE SERVICE.

CONFIDENTIALITY

  • Non-Disclosure. BailBuddy may disclose or make available Confidential Information to User in connection with its performance of any services to User, whether or not pursuant to this Agreement or through the Service. User must: (a) hold in confidence and safeguard the Confidential Information of BailBuddy from unauthorized use, access or disclosure using no less than a commercially reasonable degree of care at least as strict as the level of care used by User to protect its own confidential information; (b) not use or exploit the Confidential Information in any way except for the purposes of using the Service; and (c) not disclose or make available such Confidential Information (in whole or in part) to any person or entity other than to its representatives who:  (i) need access to such Confidential Information pursuant to their provision of services to User or as part of their employment by User; and (ii) are bound by obligations with respect to Confidential Information consistent with, and no less protective than this Agreement. User is responsible for any and all breaches of the Agreement caused by its representatives, employees, or other third parties who gain access to Confidential Information through User. User must promptly report to BailBuddy any actual or suspected violation of the Agreement and take all reasonable further steps to prevent, control or remedy any such violation.
  • Exclusions. Confidential Information does not include any information that:  (a) is or becomes generally available to the public other than as a result of User breach of the Agreement; (b) is obtained by User on a non confidential basis from a third-party that was not legally or contractually restricted from disclosing such information; or (c) User establishes, by documentary evidence was or is independently developed by User without using any Confidential Information of BailBuddy.
  • Injunctive Relief. BailBuddy may seek injunctive or other equitable relief for an actual or threatened breach of this Section 10.
  • Data Privacy. Personal Information, as defined in BailBuddy’s Privacy Policy,  provided to BailBuddy under the Agreement is subject to BailBuddy’s current Privacy Policy, available at [link to privacy policy], which may be updated from time to time in accordance with its terms. BailBuddy may collect, process, use, store, and otherwise access User’s information, including personal information of User in accordance with the terms of the Privacy Policy. By entering into this Agreement, User agrees to be bound by the terms of the Privacy Policy. Except as otherwise permitted under the Agreement or the Privacy Policy, BailBuddy will not share or sell User Personal Data with any third party for purposes of marketing or advertising. 

TERM AND TERMINATION

  • Term. The term of this Agreement commences on the date when you accept this Agreement (as described in the preamble above), and continues in full force and effect until the earlier of (a) Bail Buddy’s payment of Bail Amount to Recipient, or (b) termination of this Agreement in accordance with the terms herein. 
  • Termination for Convenience. BailBuddy may terminate this Agreement immediately at any time, without cause, upon written notice to User. Provided however, if User has already provided Payment to Bail Buddy, Bail Buddy must satisfy its obligations under Section 2.3 of this Agreement before the termination is effective. 
  • Effect of Termination. Upon termination of the Agreement, your right to use the Service or will automatically terminate, and BailBuddy may delete User Materials associated therewith from its databases. If we terminate your Account for cause, we may also bar your further use or access to the Service. The rights and obligations under Sections 5 (License Grants and Ownership), 9 (Indemnification), 10 (Warranties), 11 (Limitation of Liability), 12 (Confidentiality) 13.3 (Effect of Termination), 15 (Arbitration Agreement) and 16 (General Provisions) will survive the termination of the Agreement. User shall pay all unpaid and outstanding fees through the effective date of termination or expiration of the Agreement. Except where an exclusive remedy is provided, exercising a remedy under this Agreement, including termination, does not limit other remedies a party may have.
  • No Subsequent Registration. If this Agreement is terminated for cause by BailBuddy or if your Account or ability to access the Service is discontinued by BailBuddy due to your violation of any portion of this Agreement or for conduct otherwise deemed inappropriate, then you agree that you shall not attempt to re-register with or access the Service through use of a different member name or otherwise.

LAWFUL CONDUCT

  • User shall comply with all applicable local, state, and federal laws and regulations, and, to the extent that User establishes offices outside the United States, applicable foreign laws, treaties, regulations, and conventions in connection with its use of the Service, including those related to privacy, electronic communications and anti-spam legislation. User shall comply with the export laws and regulations of the United States and other applicable jurisdictions in using the Service and obtain any permits, licenses and authorizations required for such compliance. Without limiting the foregoing, (a) User represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, (b) User shall not access or use the Service in violation of any U.S. export embargo, prohibition or restriction, and (c) User shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which its customers are located.  User will not knowingly send any electronic communication from the Service that is unlawful, harassing, libelous, defamatory or threatening; provided that User has taken commercially reasonable measures to prevent all such occurrences

ARBITRATION AGREEMENT

  • Applicability of Arbitration Agreement. Subject to the terms of this Arbitration Agreement, you and BailBuddy agree that any dispute, claim, disagreements arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement and prior versions of this Agreement, including claims and disputes that arose between you and us before the effective date of this Agreement (each, a “Dispute”) will be resolved by binding arbitration, rather than in court, except that: (a) you and BailBuddy may assert claims or seek relief in small claims court if such claims qualify and remain in small claims court; and (b) you or BailBuddy may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). For purposes of this Arbitration Agreement, “Dispute” will also include disputes that arose or involve facts occurring before the existence of this or any prior versions of this Agreement as well as claims that may arise after the termination of this Agreement.
  • Informal Dispute Resolution. 
    • There might be instances when a Dispute arises between you and BailBuddy. If that occurs, BailBuddy is committed to working with you to reach a reasonable resolution. You and BailBuddy agree that good faith informal efforts to resolve Disputes can result in a prompt, low-cost and mutually beneficial outcome (“Informal Dispute Resolution”). You and BailBuddy therefore agree that before either party commences arbitration against the other (or initiates an action in small claims court if a party so elects), we will personally meet and confer telephonically or via videoconference, in a good faith effort to resolve informally any Dispute covered by this Arbitration Agreement (“Informal Dispute Resolution Conference”). If you are represented by counsel, your counsel may participate in the conference, but you will also participate in the conference.
    • The party initiating a Dispute must give notice to the other party in writing of its intent to initiate an Informal Dispute Resolution Conference (“Notice”), which shall occur within forty-five (45) days after the other party receives such Notice, unless an extension is mutually agreed upon by the parties. Notice to BailBuddy that you intend to initiate an Informal Dispute Resolution Conference should be sent by email to support@bailbuddy.org or regular mail to our offices located at 5805 State Bridge Rd g366 Johns Creek, GA 30097. The Notice must include: (i) your name, telephone number, mailing address, e-mail address associated with your Account (if you have one); (ii) the name, telephone number, mailing address and e-mail address of your counsel, if any; and (iii) a description of your Dispute.
    • The Informal Dispute Resolution Conference shall be individualized such that a separate conference must be held each time either party initiates a Dispute, even if the same law firm or group of law firms represents multiple users in similar cases, unless all parties agree; multiple individuals initiating a Dispute cannot participate in the same Informal Dispute Resolution Conference unless all parties agree. In the time between a party receiving the Notice and the Informal Dispute Resolution Conference, nothing in this Arbitration Agreement shall prohibit the parties from engaging in informal communications to resolve the initiating party’s Dispute. Engaging in the Informal Dispute Resolution Conference is a condition precedent and requirement that must be fulfilled before commencing arbitration. The statute of limitations and any filing fee deadlines shall be tolled while the parties engage in the Informal Dispute Resolution Conference process required by this section.
  • Waiver of Jury Trial. YOU AND BAILBUDDY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and BailBuddy are instead electing that all Disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Applicability of Arbitration Agreement). There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
  • Waiver of Class and Other Non-Individualized Relief. YOU AND BAILBUDDY AGREE THAT, EXCEPT AS SPECIFIED IN SECTION 15.13 (BATCH ARBITRATION), EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT ON A CLASS, REPRESENTATIVE, OR COLLECTIVE BASIS, AND THE PARTIES HEREBY WAIVE ALL RIGHTS TO HAVE ANY DISPUTE BE BROUGHT, HEARD, ADMINISTERED, RESOLVED, OR ARBITRATED ON A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION BASIS. ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND DISPUTES OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
  • Injunctive Relief. Subject to this Arbitration Agreement, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by the party’s individual claim. Nothing in this paragraph is intended to, nor shall it, affect the terms and conditions under Section 13.13 (Batch Arbitration). Notwithstanding anything to the contrary in this Arbitration Agreement, if a court decides by means of a final decision, not subject to any further appeal or recourse, that the limitations of this section are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and BailBuddy agree that that particular claim or request for relief (and only that particular claim or request for relief) shall be severed from the arbitration and may be litigated in the state or federal courts located in the State of [STATE]. All other Disputes shall be arbitrated or litigated in small claims court. This section does not prevent you or BailBuddy from participating in a class-wide settlement of claims.
  • Rules and Forum. This Agreement evidences a transaction involving interstate commerce; and notwithstanding any other provision herein with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. § 1 et seq., will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings. If the Informal Dispute Resolution process described above does not resolve satisfactorily within sixty (60) days after receipt of your Notice, you and BailBuddy agree that either party shall have the right to finally resolve the Dispute through binding arbitration. The arbitration will be administered by the American Arbitration Association (“AAA”), in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this section of this Arbitration Agreement. The AAA Rules are currently available at https://www.adr.org/sites/default/files/Consumer%20Rules.pdf.
  • Request.  A party who wishes to initiate arbitration must provide the other party with a request for arbitration (the “Request”). The Request must include: (a) the name, telephone number, mailing address, e-mail address of the party seeking arbitration and the account username (if applicable) as well as the email address associated with any applicable Account; (b) a statement of the legal claims being asserted and the factual bases of those claims; (c) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States dollars; (d) a statement certifying completion of the Informal Dispute Resolution process as described above; and (e) evidence that the requesting party has paid any necessary filing fees in connection with such arbitration. If the party requesting arbitration is represented by counsel, the Request shall also include counsel’s name, telephone number, mailing address, and email address. Such counsel must also sign the Request. By signing the Request, counsel certifies to the best of counsel’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, that: (i) the Request is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (ii) the claims, defenses and other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (iii) the factual and damages contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation or discovery.
  • Fees. Each party’s obligations to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules.
  • Confidentiality. You and BailBuddy agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential. 
  • Arbitrator. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of [STATE] and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within thirty-five (35) days of delivery of the Request, then the AAA will appoint the arbitrator in accordance with the AAA Rules, provided that if the Batch Arbitration process under Section 15.13 (Batch Arbitration) is triggered, the AAA will appoint the arbitrator for each batch.
  • Authority of Arbitrator. The arbitrator shall have exclusive authority to resolve any Dispute, including, without limitation, disputes arising out of or related to the interpretation or application of the Arbitration Agreement, including the enforceability, revocability, scope, or validity of the Arbitration Agreement or any portion of the Arbitration Agreement, except for the following: (a) all Disputes arising out of or relating to Section 15.4 (Waiver of Class and Other Non-Individualized Relief), including any claim that all or part of Section 15.4 (Waiver of Class and Other Non-Individualized Relief) is unenforceable, illegal, void or voidable, or that such Section 15.4 (Waiver of Class and Other Non-Individualized Relief) has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; (b) except as expressly contemplated in Section 15.13 (Batch Arbitration), all Disputes about the payment of arbitration fees shall be decided only by a court of competent jurisdiction and not by an arbitrator; (c) all Disputes about whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator; and (d) all Disputes about which version of the Arbitration Agreement applies shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties, except as expressly provided in Section 15.13 (Batch Arbitration). The arbitrator shall have the authority to grant motions dispositive of all or part of any Dispute. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The award of the arbitrator is final and binding upon you and us. Judgment on the arbitration award may be entered in any court having jurisdiction.
  • Attorneys’ Fees and Costs. The parties shall bear their own attorneys’ fees and costs in arbitration unless the arbitrator finds that either the substance of the Dispute or the relief sought in the Request was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). If you or BailBuddy need to invoke the authority of a court of competent jurisdiction to compel arbitration, then the party that obtains an order compelling arbitration in such action shall have the right to collect from the other party its reasonable costs, necessary disbursements, and reasonable attorneys’ fees incurred in securing an order compelling arbitration. The prevailing party in any court action relating to whether either party has satisfied any condition precedent to arbitration, including the Informal Dispute Resolution process, is entitled to recover their reasonable costs, necessary disbursements, and reasonable attorneys’ fees and costs.
  • Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, you and BailBuddy agree that in the event that there are one-hundred (100) or more individual Requests of a substantially similar nature filed against BailBuddy by or with the assistance of the same law firm, group of law firms, or organizations, within a thirty (30) day period (or as soon as possible thereafter), the AAA shall (a) administer the arbitration demands in batches of 100 Requests per batch (plus, to the extent there are less than 100 Requests left over after the batching described above, a final batch consisting of the remaining Requests); (b) appoint one arbitrator for each batch; and (c) provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”). All parties agree that Requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise the AAA, and the AAA shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly. The Administrative Arbitrator’s fees shall be paid by BailBuddy. You and BailBuddy agree to cooperate in good faith with the AAA to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of Requests, as well as any steps to minimize the time and costs of arbitration, which may include: (i) the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and (ii) the adoption of an expedited calendar of the arbitration proceedings. This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this provision.
  • 30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: 5805 State Bridge Rd g366 Johns Creek, GA 30097 or support@bailbuddy.org within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, the email address associated with your Account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
  • Invalidity, Expiration. Except as provided in Section 15.4 (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect. You further agree that any Dispute that you have with BailBuddy as detailed in this Arbitration Agreement must be initiated via arbitration within the applicable statute of limitation for that claim or controversy, or it will be forever time barred. Likewise, you agree that all applicable statutes of limitation will apply to such arbitration in the same manner as those statutes of limitation would apply in the applicable court of competent jurisdiction.
  • Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if BailBuddy makes any future material change to this Arbitration Agreement, we will notify you. Unless you reject the change within thirty (30) days of such change become effective by writing to BailBuddy at 5805 State Bridge Rd g366 Johns Creek, GA 30097 your continued use of the Service, including the acceptance of products and services offered on the Service following the posting of changes to this Arbitration Agreement constitutes your acceptance of any such changes. Changes to this Arbitration Agreement do not provide you with a new opportunity to opt out of the Arbitration Agreement if you have previously agreed to a version of this Agreement and did not validly opt out of arbitration. If you reject any change or update to this Arbitration Agreement, and you were bound by an existing agreement to arbitrate Disputes arising out of or relating in any way to your access to or use of the Service, any communications you receive, any products sold or distributed through the Service or this Agreement, the provisions of this Arbitration Agreement as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement) remain in full force and effect. BailBuddy will continue to honor any valid opt outs of the Arbitration Agreement that you made to a prior version of this Agreement.

GENERAL PROVISIONS

  • Electronic Communications. The communications between you and BailBuddy may take place via electronic means, whether you visit the Service or send BailBuddy emails, or whether BailBuddy posts notices on the Service or communicates with you via email. For contractual purposes, you (a) consent to receive communications from BailBuddy in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that BailBuddy electronically provides to you satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. (“E-Sign”).
  • Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without BailBuddy’ prior written consent. BailBuddy may, without your consent, freely assign and transfer this Agreement, including any of its rights, obligations, or licenses granted under this Agreement. Any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
  • Force Majeure. BailBuddy will not be liable for any delay or failure to perform its obligations hereunder if such delay or failure arises from any cause or causes beyond the reasonable control of the affected party, including acts of God, flood, fire, loss of electricity or other utilities, epidemic, pandemic, act of a public enemy or terrorist, act of any military, civil, regulatory or governmental authority, change in law or regulation, labor problem or unavailability of supplies and any other cause, whether similar or dissimilar to any of the foregoing that could not have been prevented by BailBuddy with reasonable care (“Force Majeure Event“). A Force Majeure Event does not excuse User’s payment obligations under this Agreement.
  • Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to the Service, please contact us at: support@bailbuddy.org. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.
  • Agreement Updates. When changes are made, BailBuddy will make a new copy of the Agreement available on the Service, and we will also update the “Last Updated” date at the top of this Agreement. If we make any material changes and you have registered an Account with us, we will also send an email with an updated copy of this Agreement to you at the email address associated with your Account. Unless otherwise stated in such update, any changes to this Agreement will be effective immediately for users without an Account and thirty (30) days after posting for users with an Account. BailBuddy may require you to provide consent to the updated Agreement in a specified manner before further use of the Service is permitted. IF YOU DO NOT AGREE TO ANY CHANGE(S) AFTER RECEIVING A NOTICE OF SUCH CHANGE(S), YOU SHALL STOP USING THE SERVICE.
  • Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and BailBuddy agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in [COUNTY, STATE].
  • Governing Law and Jurisdiction. THIS AGREEMENT AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF [STATE], CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.
  • Choice of Language. It is the express wish of the parties that this Agreement and all related documents have been drawn up in English.
  • Notice. Where BailBuddy requires that you provide an email address, you are responsible for providing BailBuddy with a valid and current email address. In the event that the email address you provide to BailBuddy is not valid, or for any reason is not capable of delivering to you any notices required by this Agreement, BailBuddy’ dispatch of the email containing such notice will nonetheless constitute effective notice. You may give notice to BailBuddy at the following address: 5805 State Bridge Rd g366 Johns Creek, GA 30097. Such notice shall be deemed given when received by BailBuddy by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.
  • Waiver. Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
  • Severability. If any portion of this Agreement is held invalid or unenforceable, that portion must be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions must remain in full force and effect.
  • Section Headings and Summaries. Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
  • Export Control. You may not use, export, import, or transfer the Service except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Service, and any other applicable laws. In particular, but without limitation, the Service may not be exported or re-exported (a) into any United States embargoed countries, or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using the Service, you represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Service for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, nuclear, chemical or biological weapons. You acknowledge and agree that products, services or technology provided by BailBuddy are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer BailBuddy products, services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
  • Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.