Legal · PROBYA LLC

Terms of Use

EffectiveLast updated

These Terms of Use (“Terms”) govern your access to and use of the PROBYA mobile application (the “App”), operated by PROBYA LLC (“Company,” “we,” “our,” or “us”).

By accessing, downloading, creating an account, or otherwise using the App, you agree to be bound by these Terms. If you do not agree, you must not use the App.

01 · Section

Eligibility

You must be at least 13 years of age to use the App. By using the App, you represent and warrant that you meet this requirement.

02 · Section

Account Registration

To access certain features, you may be required to create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information as necessary
  • Maintain the confidentiality of your login credentials
  • Be responsible for all activity under your account

You agree to notify us immediately of any unauthorized use of your account. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

You are solely responsible for maintaining the security of your account and for all activities that occur under your account, whether or not authorized by you.

We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason in our discretion.

You may request deletion of your account at any time by contacting us or through any available in-app functionality. We will process such requests in accordance with our Privacy Policy.

03 · Section

App Functionality

The App is a barcode scanning tool that allows users to:

  • Scan product barcodes to view available product information
  • Access a database of products
  • Submit barcode information for products not yet included in the database

The App is provided free of charge and is intended to introduce users to the Company’s brand and products.

We may modify, update, suspend, or discontinue any aspect of the App, including features or functionality, at any time without notice or liability. We reserve the right to introduce additional features, including paid or subscription-based services, in the future.

04 · Section

Communications

By creating an account or using the App, you consent to receive communications from us, including:

  • Account-related communications (such as login notifications and password resets)
  • Service-related announcements
  • Marketing, promotional, and newsletter communications, where permitted by applicable law

You may opt out of marketing communications at any time by following the unsubscribe instructions included in such communications or by contacting us. We will process opt-out requests in accordance with applicable law.

You acknowledge that certain communications (such as account or service-related messages) are necessary for the operation of the App and cannot be opted out of.

05 · Section

No Medical or Health Advice

The App is provided for informational and general consumer purposes only.

The App does not provide medical, health, or professional advice, and no information made available through the App should be relied upon as a substitute for professional advice, diagnosis, or treatment.

You should consult a qualified professional before making decisions related to your health or personal care.

06 · Section

Accuracy of Information

We make reasonable efforts to provide accurate and up-to-date information; however:

  • Product information may be incomplete, outdated, or inaccurate
  • We do not verify all third-party or user-submitted data

We make no representations or warranties regarding the accuracy, completeness, or reliability of any information provided through the App.

You use the App and rely on any information at your own risk.

07 · Section

User Submissions

Users may submit barcode information for products not currently included in the App.

By submitting information, you:

  • Grant the Company a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and incorporate such information into its database, products, and services for any lawful purpose
  • Represent and warrant that your submission does not violate any applicable laws or infringe or misappropriate any third-party rights
  • Waive, to the fullest extent permitted by law, any moral rights or similar rights you may have in such submissions

User submissions are used solely to improve the App and are not displayed as public user-generated content. The Company has no obligation to review, use, or retain any submissions.

08 · Section

Prohibited Uses

You agree not to:

  • Use the App for any unlawful, fraudulent, or unauthorized purpose
  • Attempt to gain unauthorized access to the App, user accounts, or related systems or networks
  • Interfere with, disrupt, or compromise the operation, integrity, or security of the App
  • Use automated tools, bots, scrapers, or similar technologies to access, collect, or extract data from the App
  • Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or underlying structure of the App
  • Misuse, manipulate, or submit false, misleading, or abusive information through the barcode submission feature
  • Use the App or its content for competitive analysis, benchmarking, or to develop a competing product or service
  • Upload, transmit, or introduce any viruses, malware, or harmful code
09 · Section

Intellectual Property

All content, features, and functionality of the App, including but not limited to:

  • The product database and any compiled data
  • Design, layout, user interface, and software
  • Text, graphics, images, and other content
  • Trademarks, logos, and branding are owned by the Company or its licensors and are protected by applicable intellectual property and other laws.

Except as expressly permitted in these Terms, you may not copy, reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, transmit, or otherwise exploit any content or materials from the App.

You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the App solely for your personal, non-commercial use in accordance with these Terms.

10 · Section

Third-Party Services

The App relies on and integrates with third-party service providers, including hosting, database, and analytics providers (such as Vercel, Supabase, and Google Analytics). These third-party providers may process information on our behalf in connection with providing their services.

We do not own or control these third-party services and are not responsible for their availability, performance, or practices. Your use of such services is subject to their respective terms, conditions, and privacy policies.

Your use of the App may also be subject to the terms and policies of your mobile device provider and app store (such as Apple App Store or Google Play).

11 · Section

International Use

The App is operated from the United States and is intended for users located in the United States and Canada. If you access or use the App from outside the United States, you do so at your own risk and are responsible for compliance with all applicable local laws.

You acknowledge that your information may be transferred to, processed, and stored in the United States, which may have data protection laws that differ from those in your jurisdiction.

12 · Section

Termination

We may suspend, restrict, or terminate your access to the App at any time, with or without notice, for any reason, including if you violate these Terms.

Upon termination, your right to access and use the App will immediately cease. We may, but are not obligated to, delete or deactivate your account and any associated data, subject to our Privacy Policy and applicable law.

All provisions of these Terms that by their nature should survive termination will survive, including without limitation provisions related to intellectual property, disclaimers, limitation of liability, and indemnification.

Any retention or deletion of your information following termination will be handled in accordance with our Privacy Policy.

13 · Section

Disclaimers

THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCLUDING WITHOUT LIMITATION:

  • WARRANTIES OF MERCHANTABILITY
  • FITNESS FOR A PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE

WE DO NOT WARRANT OR GUARANTEE THAT:

  • THE APP WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
  • ANY DEFECTS OR ERRORS WILL BE CORRECTED
  • THE APP OR ANY SERVERS USED TO OPERATE THE APP ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
  • THE APP WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
  • ANY INFORMATION PROVIDED THROUGH THE APP IS ACCURATE, COMPLETE, OR RELIABLE

YOUR USE OF THE APP IS AT YOUR SOLE RISK.

14 · Section

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY:

  • INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES
  • LOSS OF DATA, LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF BUSINESS OPPORTUNITIES
  • DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE APP OR ANY INFORMATION PROVIDED THROUGH THE APP
  • DAMAGES ARISING FROM ANY THIRD-PARTY SERVICES, SYSTEM FAILURES, OR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA

REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE COMPANY’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE APP EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNTS PAID BY YOU TO THE COMPANY, IF ANY, IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.

15 · Section

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, members, managers, officers, employees, contractors, and service providers from and against any and all claims, demands, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  • Your use of or access to the App
  • Your violation of these Terms
  • Your submissions, content, or conduct
  • Your violation of any applicable law or the rights of any third party

The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with the Company in the defense of such claims.

16 · Section

Dispute Resolution & Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the App shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) in accordance with its applicable rules.

The arbitration shall take place in Florida, unless otherwise agreed by the parties, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You agree that any arbitration shall be conducted on an individual basis only and not as a class, collective, or representative action. You expressly waive any right to participate in a class action, class arbitration, or representative proceeding.

Notwithstanding the foregoing, Company may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

17 · Section

Governing Law and Venue

These Terms are governed by the laws of the State of Florida, without regard to its conflict of law principles.

You agree that any dispute arising out of or relating to these Terms or the App shall be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of such courts.

18 · Section

Changes to These Terms

We may update these Terms at any time. When we do, we will update the “Last Updated” date at the top of these Terms and post the revised version within the App.

Your continued use of the App after any updates become effective constitutes your acceptance of the revised Terms.

Questions

If you have questions about these Terms, get in touch.

hello@probya.com

PROBYA LLCWe typically respond within a few business days.

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