Terms and Conditions
TERMS OF SERVICE & USE
Welcome! This website (“Site”) is operated by VIVARIA BUDGET, LLC. We are referred to herein as VIVARIA BUDGET.
1. WHO ARE WE?
VIVARIA BUDGET is a proactive money-management and budgeting software app that enables users to easily manage their budget! Our budgeting system is a little bit like the “envelope system” of budgeting, but with due dates! And, we like to use the term honeypots instead of envelopes.
Our idea is that when you get a paycheck, you take your money and divide it into honeypots where you are going to need your funds. For example. You can have a honeypot for your home payment, whether it is rent or mortgage. You can have a food honeypot, a gasoline honeypot, a honeypot for electricity, and so on. You simply set up a honeypot for all those things that you spend money on every month.
Our easy to use App helps you quickly and easily set up your budget so that you can make sure that the next honeypot that you will need to use will be funded first.
For more information on our App and how to use it, see our Site at www.vivariabudget.com, and our Initial Set-Up and Day to Day Instructions found at https://www.vivariabudget.com/initial-set-up and https://www.vivariabudget.com/day-to-day.
2. ACCEPTANCE OF TERMS
3. CREATE A FREE ACCOUNT WITH US.
To use our App, you will need to download our app via the Apple Appstore or Google Play Store and create an Account. Initial Setup instructions are provided on our website via https://www.vivariabudget.com.
4. AGE REQUIREMENTS
Presently, our App and Site are only to be used by persons who are at least the age of 13 years old. While we believe that learning to maintain a realistic budget is a critical life skill that is best learned early, no one under the age of 13 should provide any personal information to us on or through our Site or App. If you are under the age of 13, please do not use our Site or App, contact us through our Site or App, or provide us with any information about yourself, including your name, address, telephone number, email address, or any screen name, user name or social media handle that you may use.
If you are a parent or guardian and believe that your child is using our App or Site without your authorization or consent, please contact us immediately.
Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child under the age of 13 is accessing our Site or App, we will delete his/her information within a reasonable period of time. You acknowledge that we do not verify the age of our users, nor do we have any liability to do so.
Residents of California or other states or geographic areas under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.
Accessibility standards are issues currently in state of transition in the United States and around the world and specific and clear website accessibility requirements, rules and/or guidelines do not currently exist. However, we have taken reasonable steps to develop our Site aimed at ensuring compliance with then-current Web Content Accessibility Guidelines ("WCAG") and standards. By using our Site, you acknowledge and agree that we shall have no liability to you with regard to accessibility of our Site or its Content.
6. OWNERSHIP OF THIS SITE AND APP
Our Site, our App and the contents of both (together collectively, the “Content”) are protected under applicable intellectual property and other laws, including without limitation the laws of the United States and other countries. All Content and intellectual property rights herein are the property of Vivaria Budget, or the material is included with the permission of the rights owner, and is protected pursuant to applicable copyright and trademark laws.
The presence of any Content on our Site or App does not constitute a waiver of any rights in such Content. You do not acquire ownership rights to any such Content viewed through this Site or App. Except as otherwise provided herein, none of this Content may be used, copied, reproduced, distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without our express prior written permission.
Permission is hereby granted only to the extent necessary to lawfully access and use this Site and to display, download, or print portions of this Site or our App on a temporary basis and only for your personal, educational, noncommercial use, provided that you: (i) do not modify the Content; (ii) retain any and all copyright and other proprietary notices contained in the Content; and (iii) do not copy or post the Content on any network computer or broadcast the Content in any media.
7. INTELLECTUAL PROPERTY OWNERSHIP
(Vivaria Budget name, Bee logo, Bee Set Free tagline, other trademarks and logos)
The Vivaria Budget name and logo, our Bee logo, any/all of our product and service names, our Bee Set Free tagline, and all of our other trademarks, service marks, tag lines, slogans and logos appearing within this Site or on our App, unless otherwise noted, are trademarks (whether registered or not), service marks and/or trade dress of Vivaria Budget (the “Vivaria Budget Marks”). Any other trademarks, product names, company names, logos, service marks and/or trade dress mentioned, displayed, cited or otherwise indicated within our Site or App are the property of their respective owners. You are not authorized to display or use the Vivaria Budget Marks in any manner without our prior written permission. You are not authorized to display or use trademarks, product names, company names, logos, service marks and/or trade dress of the properties featured within our Site or App without the prior written permission of such property or other intellectual property owners. The use or misuse of the Vivaria Budget Marks or other trademarks, product names, company names, logos, service marks and/or trade dress or any other materials contained herein, except as permitted herein, is expressly prohibited.
8. FEEDBACK PROVIDED BY YOU
We may provide you with an opportunity to provide feedback or other information to us through this Site or App, including but not limited to, any text, photos, images, illustrations, graphics, sounds, video and audio clips, or other content, with regard to how we can improve the Site or App, or our products or services (“User Input”). Any User Input that you provide to us will become and remain our exclusive property with the exception of any personal information of a user. Your submission of User Input will constitute an assignment to us of all worldwide rights, title, and interests in and to your User Input, including all copyrights and other intellectual property rights in your User Input. We will be entitled to exploit, reduce, practice, make, use, copy, disclose, display or perform publicly, distribute, improve and modify any User Input you submit for any purpose whatsoever, without restriction and without compensation to you in any way.
9. PROHIBITED CONDUCT/RESTRICTIONS ON USE
You may use our Site and App and the associated Content solely for your personal use. Neither our Site, nor our App, nor any portion thereof, may be reproduced, duplicated, copied, sold, distributed, resold, visited or otherwise exploited for any commercial purpose without our express written consent.
You may not use our Site or App or any of our Content for:
(a) any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, state regulations, rules, laws, or local ordinances;
(d) to infringe our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate against any other person, whether or not on the basis of gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code;
(h) attempting to reverse compile, modify, engineer, translate or disassemble our Site or App, in whole or in part;
(i) to interfere with the functionality or operation of our Site or App or of any related website;
(j) to interfere with other users’ access to the Site or App;
(k) to collect or track the personal information of others;
(l) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(m) for any obscene or immoral purpose; or
(n) to interfere with or circumvent the security features of the Site or App or any related website, other websites, or the internet.
10. LINKS TO THIRD-PARTY WEBSITES
Vivaria Budget is not liable for any harm or damages related to your purchase or use of services, goods, resources, content, or any other transactions made between you and any third-party whether or not you connected with that third-party through our Site. Please carefully review the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third-party.
VIVARIA BUDGET MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITE, APP OR CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITE OR APP. OUR SITE, APP AND ALL OF OUR CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VIVARIA BUDGET, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE OR IN ANY OTHER WAY, WITH RESPECT TO THIS SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH OUR SITE OR APP. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, VIVARIA BUDGET, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES:
(A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE;
(B) RELATING TO THE SECURITY OF THE SITE OR APP;
(C) THAT THE CONTENT OF OUR SITE OR APP IS ACCURATE, COMPLETE OR CURRENT;
(D) THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; OR
(E) THAT OUR SITE OR APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR. WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, OUR APP, OUR SERVERS, OUR CONTENT, OUR SERVICE(S) OR E-MAILS SENT FROM OR ON BEHALF OF THE COMPANY, ARE FREE OF VIRUSES, SCRIPTS, TROJAN HORSES, WORMS, MALWARE, TIMEBOMBS OR OTHER HARMFUL COMPONENTS (INCLUDING ALL VIRUSES).
VIVARIA BUDGET DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR STATEMENTS, ADVICE OR OPINIONS MADE BY ANYONE OTHER THAN FULLY AUTHORIZED AND OFFICIAL VIVARIA BUDGET SPOKESPERSONS. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA THROUGH OR IN OUR SITE OR APP. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND/OR OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.
12. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OWNERS, SHAREHOLDERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOW SO EVER ARISING, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT,GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE AND/OR APP. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACK UP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED THE REASONABLE VALUE OF THE SERVICES RENDERED UNDER WHICH THE LIABILITY AROSE.
13. SITE/APP UPDATES/MODIFICATION/DISCONTINUATION/SUSPENSION
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend, or discontinue, temporarily or permanently our Site or App (or any portion thereof) and/or the information, materials, products and/or services available through our Site or App (or any part thereof) with or without notice to you. You agree that we shall not be liable to you or to any third-party for any such modification, editing, deletion, suspension, or discontinuance of our Site or App.
16. GOVERNING LAW
18. ENTIRE AGREEMENT
Our App is available though both the Google Play store and Apple Store. The process for you to download, subscribe or unsubscribe to, or process payment for our App, is thus subject to the legal policies of Google and Apple, and by using our App, you expressly agree to those policies. For Google Play, please see https://play.google.com/about/play-terms/. For Apple, please see https://www.apple.com/legal/internet-services/itunes/dev/stdeula/. Other legal policies of Google and Apple may also apply to you, for which VIVARIA BUDGET is not responsible.
Through our Site, we may also offer – from time to time – services (such as coaching services) or subscription options that are separate from our App. For example, users may wish to purchase coaching or consulting time to receive personal coaching and assisting in setting up the App and their profile and information in the App.
Any purchases of coaching or consulting time will be governed by any policies then in effect for individual coaching and consulting services. Unless otherwise stated at the time of purchase, there will be no refunds of payments for individual coaching and consulting services, unless otherwise provided for.
If you desire to unsubscribe to our services, or App, you may do so through the Google Play or Apple store, whichever is applicable to you.
20. CONNECTING YOUR BANK ACCOUNT
Payment processing for our App is handled through the Google Play and Apple stores as our agents for payment.
For any purchases made from our Site directly from our site, we will use a third party processor with regard to any such payments. We will not store credit card information in our databases. However, to process payments through our Site, you may be required to provide accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.
Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
If the Subscription has been made through an In-app Purchase, all billing is handled by the Application Store and is governed by the Application Store's own terms and conditions.
22. FEE CHANGES
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.
The Company will provide you with reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective.
Your continued use of the Service after the Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
Except as otherwise required by law, paid Subscription fees are non-refundable. Refund policies may vary through Google Play, the Apple Store and/or Plaid.
Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.
If the Subscription has been made through an In-App purchase, the Application Store's refund policy will apply. If you wish to request a refund, you may do so by contacting the Application Store directly.
24. AMAZON WEB SERVICES
Our Site and App are supported by Amazon Web Services (“AWS”) and thus the legal policies of AWS may also apply to your use of our Site and App.
25. QUESTIONS/CONTACT US
VIVARIA BUDGET, LLC
Attn: Customer Support
P.O. Box 211941
Bedford, TX 76095