Bumble For Friends Terms and Conditions of Use
Welcome to the Terms and Conditions of Use (these “Terms”) for the Bumble For Friends application (“Bumble For Friends” or the “App”). These terms specifically govern Bumble For Friends, and are separate from the Terms and Conditions of Use for the Bumble app. If you’re looking for the Terms and Conditions of Use for the Bumble app, please visit www.bumble.com/terms.
This is a contract between you and the Bumble Group (as defined further below) and we want you to know yours and our rights before you use the App. Please take a few moments to read these Terms before enjoying the App, because once you access, view or use the App, you are going to be legally bound by these Terms (so probably best to read them first!).
Please be aware that if you subscribe to services for a term (the “Initial Term”), then the terms of your subscription will be automatically renewed for additional periods of the same duration as the Initial Term at the then-current fee for such services, unless you cancel your subscription in accordance with Section 5 below.
You should also note that Section 13 of these Terms contains provisions governing how claims that you and Bumble Group have against each other are resolved. In particular, it contains an arbitration agreement that will, with limited exceptions, require disputes between us to be submitted to binding and final arbitration.
1. BUMBLE FOR FRIENDS RULES
Before you can use the App, you will need to register for an account (“Account”). In order to create an Account you must:
- be at least 18 years old or the age of majority to legally enter into a contract under the laws of your home country; and
- be legally permitted to use the App by the laws of your home country.
Unfortunately, we cannot allow you to use another person’s Account or to share your Account with any other person without permission.
If you have an account on the original Bumble app, then once you create a profile on Bumble For Friends, BFF mode will no longer be available to you in the original Bumble app. All your chats and connections will carry over with you though, don’t worry! Your Date profile on the original Bumble app won’t be affected, so you can still use the original Bumble app for dating. For more information, see here.
We use a combination of automated systems and a team of moderators to monitor and review accounts and messages for content that indicates breaches of these Terms. We reserve the right at our sole discretion to terminate or suspend any Account, restrict access to the App, or make use of any operational, technological, legal or other means available to enforce the Terms (including without limitation blocking specific IP addresses), at any time without liability and without the need to give you prior notice. Without limiting the foregoing in any way, we expressly reserve the right to terminate or suspend your Account without notice (1) for violating these terms, (2) due to your conduct on the App, or your conduct with other users of the App (including your “offline” conduct), if we, in our sole discretion, determine your conduct was inappropriate or improper, (3) if we or our affiliates, in our or their sole discretion, determine your conduct on other apps operated by our affiliates was inappropriate or improper, or (4) for any reasons whatsoever that we deem, in our sole discretion, justifies termination. If your Account is terminated or suspended, you agree you will not receive a refund for any paid service or features you have already been charged for.
You may not access, tamper with, or use non-public areas of the App or our systems. Certain portions of the App may not be accessible if you have not registered for an Account.
2. TYPES OF CONTENT
There are three types of content that you will be able to access on the App:
- content that you upload and provide (“Your Content”);
- content that members provide (“Member Content”); and
- content that the Bumble Group provides (including, without limitation, database(s) and/or software) (“Our Content”).
There is certain content we can’t allow on Bumble For Friends.
We want our users to be able express themselves as much as possible and post all sorts of things on Bumble For Friends, but we have to impose restrictions on certain content which:
- contains language or imagery which could be deemed offensive or is likely to harass, upset, embarrass, alarm or annoy any other person (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is obscene, pornographic, violent or otherwise may offend human dignity (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- is abusive, insulting or threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry (including for example and without limitation, language that could be deemed discriminatory towards an individual’s race, color, ethnicity, national origin, religion, disability, sexual orientation, gender expression, gender identity or physical appearance);
- encourages any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offence;
- is defamatory or libelous;
- relates to commercial activities (including, without limitation, sales, competitions and advertising, links to other websites or premium line telephone numbers);
- involves the transmission of “junk” mail or “spam”
- contains any spyware, adware, viruses, corrupt files, worm programmes or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Bumble or otherwise;
- itself, or the posting of which, infringes any third party’s rights (including, without limitation, intellectual property rights and privacy rights);
- shows another person which was created or distributed without that person’s consent;
- is harmful to minors; or
- impersonates any other person, including falsely stating your name.
Bumble Group does not tolerate this kind of content. For more information, see our Guidelines.
You agree that Your Content must comply with our Guidelines, as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content and will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You may not display any personal contact or banking information on your individual profile page whether in relation to you or any other person (for example, names, home addresses or postcodes, telephone numbers, email addresses, URLs, credit/debit card or other banking details). If you do choose to reveal any personal information about yourself to other users, whether via email or otherwise, it is at your own risk. We encourage you to use the same caution in disclosing details about yourself to third parties online as you would under any other circumstances.
As Bumble For Friends is a public community, Your Content will be visible to other users of the App - so make sure you are comfortable sharing Your Content before you post. As such, you agree that Your Content may be viewed by other users and any person visiting, participating in or who is sent a link to the App (e.g. individuals who receive a link to a user’s profile or shared content from other App Users). By uploading Your Content on Bumble For Friends, you represent and warrant to us that you have all necessary rights and licenses to do so, and automatically grant us a non-exclusive, royalty free, perpetual, worldwide license to use Your Content in any way (including, without limitation, editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing and otherwise making available to the general public such Content, whether in whole or in part and in any format or medium currently known or developed in the future).
We may assign and/or sub-license the above license to our affiliates and successors without any further approval by you.
We do not have any obligation to store Your Content - if it’s important, you should make a copy.
So that we can prevent the unconsented use of Your Content by other members or third parties outside of the App, you authorize us to act on your behalf with respect to such infringing and/or unauthorized uses. This expressly includes the authority, but not the obligation, for us to send takedown notices (including, without limitation, pursuant to 17 U.S.C. § 512(c)(3) (i.e., Takedown Notices)) on your behalf if Your Content is taken and used by third parties outside of the App.
Other members of Bumble For Friends will also share content via the App. Member Content belongs to the user who posted the content and is stored on our servers and displayed via the App at the direction of the user providing the Member Content.
You do not have any rights in relation to other users’ Member Content, and you may only use other users’ personal information to the extent that your use of it matches the App’s purpose of allowing people to meet one another. You may not use other users’ information for commercial purposes, to spam, to harass, stalk or to make unlawful threats. We reserve the right to terminate your Account if you misuse other users’ information.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millennium Copyright Act 1998. If you have a complaint about Member Content, please see the Digital Millennium Copyright Act section below for more information.
You may be wondering what happens to the rest of the Content on Bumble For Friends. Well, it belongs to us! Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, and other intellectual property appearing on the App, as well as the App software and database(s), are owned, controlled or licensed by the Bumble Group and are protected by copyright, trademark, data, database rights and/or other intellectual property law rights. All right, title and interest in and to Our Content remains with us at all times.
We grant you a non-exclusive, limited, personal, non-transferable, revocable, license to access and use Our Content, without the right to sublicense, under the following conditions:
- you shall not use, sell, modify, or distribute Our Content except as permitted by the functionality of the App;
- you shall not use our name in metatags, keywords and/or hidden text;
- you shall not create derivative works from Our Content or scrape, disable, decompile, analyze or in any way commercially exploit Our Content, in whole or in part, in any way; and
- you shall use Our Content for lawful purposes only.
We reserve all other rights.
No Obligation to Pre-Screen Content.
Since Bumble For Friends is an online community, we generally try to avoid getting in the way and therefore don’t assume any obligation to pre-screen any of Your Content or any Member Content. However, there may be times where we need to step in, and we reserve the right to review, pre-screen, refuse and/or remove any Member Content and Your Content, including content exchanged between users in direct messages.
3. RESTRICTIONS ON THE APP
You agree to:
- comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, equal opportunity laws and regulatory requirements;
- use your real name and real age in creating your Bumble For Friends account and on your profile; and
- use the services in a professional manner.
You agree that you will not:
- act in an unlawful or unprofessional manner including being dishonest, abusive or discriminatory;
- misrepresent your identity, your age, your current or previous positions, qualifications or affiliations with a person or entity;
- disclose information that you do not have the consent to disclose;
- stalk or harass any other user of the App;
- create or operate a pyramid scheme, fraud or other similar practice, or;
- develop, support or use software, devices, scripts, robots, other types of mobile code or any other means or processes (including crawlers, browser plugins and add-on or other technology) to scrape or otherwise exfiltrate from the App or its services, or otherwise copy profiles and other data from the services.
We don’t like users misbehaving in the Bumble For Friends community. You can report any abuse or complain about Member Content by contacting us, outlining the abuse and/or complaint. You can also report a user directly from a profile or in chat by clicking the “Block & Report” link. We reserve the right to investigate any possible violations of these Terms, any user’s rights, or any third party rights and we may, in our sole discretion, immediately terminate any user’s right to use of the App without prior notice, as set out further in Section 1 above, and/or remove any improper, infringing or otherwise unauthorized Member Content submitted to the App.
We don’t control any of the things our users say or do, so you are solely responsible for your interactions with other users of the App.
YOU UNDERSTAND THAT BUMBLE GROUP DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS. BUMBLE GROUP ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OR IDENTITY OF ITS USERS. BUMBLE GROUP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF ANY USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS. BUMBLE GROUP RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTRATION SEARCHES) AT ANY TIME AND TO USE AVAILABLE PUBLIC RECORDS FOR ANY PURPOSE.
You agree to, and hereby do, release Bumble Group and its successors from any claims, demands, losses, damages, rights, and actions of any kind, including personal injuries, death and property damage, that either directly or indirectly arises from your interactions with or conduct of other users of the App. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage for any unconscionable commercial practice by Bumble Group or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
Scraping or replicating any part of the App without our prior consent is expressly prohibited. This includes by any means (automated or otherwise) other than through our currently available, published interfaces - unless you have been specifically allowed to do so in a separate agreement with us.
5. PAYMENT TERMS
There may be products and services offered for purchase on the App (“In-App Purchase”). If you choose to make an In-App Purchase, you acknowledge and agree that additional terms, disclosed to you at the point of purchase, may apply, and that such additional terms are incorporated herein by reference.
You may make an In-App Purchase through the following payment methods (“Payment Method”): (a) making a purchase through the Apple App Store, and (2) making a purchase through the Google Play Store (the Apple App Store and Google Play Store may be referred to herein as a “Third Party Store”). Once you have made an In-App Purchase, you authorize us to charge your chosen Payment Method. If payment is not received by us from your chosen Payment Method, you agree to promptly pay all amounts due upon demand by us.
Subscriptions and Auto-Renewal: Certain services may be offered as automatically-renewing subscriptions, e.g., a one-week subscription, one-month subscription, or three-month subscription (“Subscription Services”). IF YOU PURCHASE A SUBSCRIPTION SERVICE, YOUR SUBSCRIPTION WILL RENEW AT THE END OF THE PERIOD, UNLESS YOU CANCEL, AT THE THEN-CURRENT PRICE FOR SUCH SUBSCRIPTION SERVICE. To avoid charges for a new subscription period, you must cancel, as described below, before the end of the then-current subscription period. DELETING YOUR ACCOUNT OR DELETING THE APPLICATION FROM YOUR DEVICE DOES NOT CANCEL YOUR SUBSCRIPTION. In the event there are changes made to the pricing of your Subscription Service, you will be given notice of changes and an opportunity to cancel. If, after receiving such notice regarding changes these prices you do not cancel your subscription, you agree that you will be charged at the then-current pricing for the Subscription Service.
Canceling Subscriptions. To cancel a Subscription Service purchased through the Apple App Store or the Google Play Store, you will need to access your account with the applicable Third Party Store and follow instructions to change or cancel your Subscription Service. If you cancel your Subscription Service, you may use your Subscription Service until the end of the period you last paid for, but, (i) you will not be eligible for a prorated refund, (ii) your Subscription Service will not be renewed when that period expires and (iii) upon expiration you will then no longer be able to use the features enabled by your Subscription Service.
Free Trials. If you sign up for a free trial and do not cancel, your trial may convert into a Subscription Service and your Payment Method will be charged at the then-current price for such subscription. Once your free trial converts to a Subscription Service, your Subscription Service will continue to automatically renew at the end of each period, and your Payment Method will be charged, until you cancel. To avoid charges for a new subscription period, you must cancel before the end of the then-current subscription period or free trial period as described above. DELETING YOUR ACCOUNT OR DELETING THE APPLICATION FROM YOUR DEVICE DOES NOT CANCEL YOUR FREE TRIAL. If you have signed up for a free trial on Bumble through the Apple Store or Google Play Store previously, you will not be eligible for another free trial and you will then be automatically signed up to a Subscription Service and charged as described in this paragraph.
Refunds. GENERALLY, ALL CHARGES FOR SUBSCRIPTION SERVICES ARE FINAL AND NON-REFUNDABLE, AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. YOU ACKNOWLEDGE THAT THE BUMBLE GROUP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED PORTIONS OF A SUBSCRIPTION SERVICE PERIOD WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
In the event that you die before the end of your Subscription Service period, your estate shall be entitled to a refund of that portion of any payment you had made for your Subscription Service which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the App) before the end of your Subscription Service period, you shall be entitled to a refund of that portion of any payment you had made for your Subscription Service which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
If you have questions about your Subscription Service, please contact us at [firstname.lastname@example.org].
The payments required under this Section 5 do not include any Sales Tax that may be due in connection with the Subscription Service provided under these Terms. If the Bumble Group determines it has a legal obligation to collect a Sales Tax from you in connection with these Terms, the Bumble Group will collect such Sales Tax in addition to the payments required under this Section 5. If any Subscription Service, or payments for any Subscription Service, under these Terms are subject to any Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to the Bumble Group, you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority. As used herein, “Sales Tax” means any sales or use tax and any other tax measured by sales proceeds that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
6. VIRTUAL ITEMS
At times, you may be able to purchase a limited, personal, non-transferable, non-sublicensable, revocable license to access special limited-use features on the App, referred to here as “Virtual Items”. You can only purchase Virtual Items through Bumble For Friends or its designated partners. Virtual Items represent a limited license right governed by this Agreement, and, except as otherwise prohibited by applicable law, no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement, and your purchase of Virtual Items, does not constitute the sale of any rights in Virtual Items.
Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead shows the extent of your license to access Virtual Items. Virtual Items do not incur fees for non-use. Your license in Virtual Items will terminate on the earlier of the Bumble Group ceasing provision of services or your account closing or terminating. The Bumble Group may also at times provide Virtual Items as bonuses to, or parts of, Subscription Services. Your ability to use Virtual Items you have access to in this manner may terminate at the end of each of your subscription periods and your access to Virtual Items may not “roll over” or accumulate through additional subscription periods. Your access to Virtual Items gained through Subscription Services may also end if you cancel your subscription.
The Bumble Group, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/or may distribute Virtual Items with or without charge. The Bumble Group may manage, regulate, control, modify, or eliminate Virtual Items at any time, including taking actions that may impact the perceived value or purchase price, if applicable, of any Virtual Items and the Bumble Group shall have no liability to you for doing so. You shall not sell, redeem, or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through our Services.
ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH OUR SERVICES ARE FINAL AND NON-REFUNDABLE. YOU ACKNOWLEDGE THAT THE BUMBLE GROUP IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.
7. PUSH NOTIFICATIONS; LOCATION-BASED FEATURES
We may provide you with emails, text messages, push notifications, alerts and other messages related to the App and/or the Bumble services, such as enhancements, offers, products, events, and other promotions. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device. With respect to other types of messaging or communications, such as emails, text messages, etc., you can unsubscribe or opt out by either following the specific instructions included in such communications, or by emailing us with your request at [email@example.com].
THE APP, SITE, OUR CONTENT, AND MEMBER CONTENT ARE ALL PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT GUARANTEE THE COMPATIBILITY OF ANY MATCHES.
SHOULD APPLICABLE LAW NOT PERMIT THE FOREGOING EXCLUSION OF EXPRESSED OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESSED OR IMPLIED WARRANTY REQUIRED BY APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.
ADDITIONALLY, WE DO NOT MAKE ANY WARRANTIES THAT THE APP OR SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE OR THAT YOUR USE OF THE APP OR SITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP, SITE, OUR CONTENT, ANY MEMBER CONTENT, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE, OR RELIABLE. YOUR USE OF THE APP OR SITE IS AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS.
THE BUMBLE GROUP IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. BUMBLE GROUP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS.
9. LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BUMBLE GROUP, ITS AFFILIATES, EMPLOYEES, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME, PROFIT OR GOODWILL, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT, OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.
THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED IN ANY WAY WITH THE APP OR SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP YOUR USE OF THE APP AND SITE.
YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR SITE. BECAUSE SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
THE LIMITATION OF LIABILITY HEREIN IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN AND REFLECTS A FAIR ALLOCATION OF RISK. THE APP AND SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE. THE FOREGOING DOES NOT APPLY TO LIABILITY ARISING FROM ANY FRAUD OR FRAUDULENT MISREPRESENTATIONS, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.
All the actions you make and information you post on the App remain your responsibility. Therefore, you agree to indemnify, defend, release, and hold us, and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless, from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with:
- any negligent acts, omissions or willful misconduct by you;
- your access to and use of the App;
- the uploading or submission of Content to the App by you;
- any breach of these Terms by you; and/or
- your violation of any law or of any rights of any third party.
We retain the exclusive right to settle, compromise and pay any and all claims or causes of action which are brought against us without your prior consent. If we ask, you will cooperate fully and reasonably as required by us in the defense of any relevant claim.
The foregoing provision does not require you to indemnify Bumble Group for any unconscionable commercial practice or any fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App.
11. PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe any content on the App infringes the copyright in a work that you own, please submit a notification alleging such infringement (“Takedown Notice”) to the Bumble Group’s Copyright Agent. The Takedown Notice must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Takedown Notices should be sent to the Bumble Group’s Copyright Agent at firstname.lastname@example.org. If you wish to reach out to the Bumble Group’s Copyright Agent via other methods, you can write to: Bumble, Attn: Bumble Group’s Copyright Agent, P.O. Box 300940, Austin, Texas, 78703; or phone: +1 - 512-696-1409.
12. THIRD PARTY APP STORE
The following additional terms and conditions apply to you if you download the App from a Third Party Store. To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this Section, the more restrictive or conflicting terms and conditions in this Section will apply, but solely with respect to the App and the Third Party Store. You acknowledge and agree that:
- These Terms are concluded solely between you and the Bumble Group and not with the providers of the Third Party Store, and the Bumble Group (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App which are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
- The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The Bumble Group is solely responsible for any product warranties, whether expressed or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the Bumble Group.
- The Bumble Group, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation; and/or (iv) intellectual property infringement claims.
- The Third Party Store provider and its subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.
In the event of a conflict between a Third Party Store’s or mobile carrier’s applicable terms and conditions and these Terms, the terms and conditions of the Third Party Store or mobile carrier shall govern and control. We are not responsible and have no liability whatsoever for third-party goods or services you obtain through a Third Party Store or mobile carrier. We encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.
13. DISPUTE RESOLUTION.
Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. This agreement requires you to arbitrate disputes with the Bumble Group and limits the manner in which you seek relief from us.
1. When Does This Arbitration Agreement Apply? This Arbitration Agreement applies to any dispute or claim relating to your use of our App or any other aspect of your relationship with the Bumble Group. It requires that, and by entering into these Terms you agree, that such claims will be resolved by binding arbitration, rather than in court, except that (i) you or the Bumble Group may assert claims in small claims court if your claims qualify; and (ii) you or the Bumble Group may seek equitable relief in court for infringement or misuse of intellectual property rights.
2. How Do You Start The Arbitration Process? Before beginning the arbitration process, you must submit notice by certified mail of your claim with an individualized arbitration demand. To be valid, in the demand, you must provide your name, address, email address, and a detailed description of the dispute, and the relief sought. Notice should be submitted to our registered agent: CT Corporation, 1209 Orange Street, City of Wilmington, County of New Castle, Delaware 19801.
No earlier than 30 days after submitting notice of your claim, you can begin the pre-dispute process, in which the Bumble Group and you will attempt to resolve the dispute. You and the Bumble Group will meet and confer, via teleconference or videoconference, in a good faith effort to informally resolve any claim covered by this arbitration agreement. If either party is represented by counsel, that counsel may participate in the informal dispute resolution conference. During this process, you may be provided with an offer of judgment. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
All offers, promises, conduct, and statements made in the course of the informal dispute resolution process by any party, its agents, employees, and attorneys are confidential and not admissible for any purpose in any subsequent proceeding, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the informal dispute resolution process.
The informal dispute resolution conference shall occur within 60 days of receipt of the written notice described above, unless an extension is mutually agreed upon. If, after participating in that conference, the parties are unable to resolve the dispute, the claimant may commence an arbitration in accordance with this Agreement. Completion of this informal dispute resolution is a condition precedent to filing any demand for arbitration. Failure to do so is a breach of this Agreement.
Any statute of limitations will be tolled while the parties engage in the informal dispute resolution process described in this section.
3. What Are The Rules Of Arbitration? The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. The arbitration will be governed by ADR Services, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to ADR Services’ most current version of the Streamlined Arbitration Rules and procedures available at: https://www.adrservices.com/services-2/arbitration-rules/. If ADR Services is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay ADR Services’ filing, administrative, hearing and/or other fees and cannot obtain a waiver, the Bumble Group will pay them for you. You must pay all filing fees for the arbitration. You will not be responsible for paying any other fees for the arbitration, other than the initial filing fee; all other fees and expenses charged by ADR Services will be paid by the Bumble Group, unless the arbitrator determines the claims are frivolous. If a claim is determined to be frivolous, the claimant is responsible for reimbursing the Bumble Group all such administrative, hearing, and/or other fees that the Bumble Group has incurred as a result of the frivolous claim. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location.
4. What Can The Arbitrator Decide? The arbitrator has the exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator will 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 arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
However, a Texas Court has the authority to (i) determine the scope and enforceability of this Arbitration Agreement, (ii) determine the enforceability of the bellwether clause and mass arbitration procedures, and (iii) determine whether you have complied with conditions precedent to arbitration.
5. No Jury Trials. By agreeing to arbitration, YOU AND THE BUMBLE GROUP ARE EACH AGREEING TO WAIVE OUR RIGHTS TO A JURY TRIAL. Instead, you and the Bumble Group are electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as described in Section 13(1) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
6. One At A Time. All claims and disputes within the scope of this Arbitration Agreement MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, AND YOU GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR ANY OTHER CLASS PROCEEDING. Only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in Travis County, Texas. All other claims shall be arbitrated. This subsection does not prevent you or the Bumble Group from participating in a class-wide settlement of claims.
7. Mass Filings. If, at any time, 30 or more similar demands for arbitration are asserted against the Bumble Group or related parties by the same or coordinated counsel or entities (“Mass Filing”), the additional protocols set forth below shall apply:
- Acknowledgment of Mass Filing protocols. If you or your counsel file a demand for arbitration that fits within the definition of Mass Filing referred to above, then you agree that your demand for arbitration shall be subject to the additional protocols set forth in this Mass Filings subjection. You also acknowledge that the adjudication of your dispute may be delayed and that any applicable statute of limitations shall be tolled from the time at which the first cases are chosen to proceed until your case is chosen for a bellwether proceeding.
- Bellwether Arbitrations. Bellwether proceedings are encouraged by courts and arbitration administrators where there are multiple disputes involving similar claims against the same or related parties. ADR Services will randomly assign sequential numbers to each of the Mass Filings, after which the claims numbered 1-10 will be designated the “Initial Test Cases” and will proceed to arbitration. Unless the claims are resolved in advance or the schedule is extended, the arbitrators will render a final award for the Initial Test Cases within 120 days of the initial pre-hearing conference. Thereafter, the results of the Initial Test Cases will be given to a mediator who will try to resolve the remaining cases. After the final awards are provided to the mediator, the mediator and the parties shall have 90 days (the “Mediation Period”) to agree upon a substantive methodology and make an offer to resolve the outstanding cases. If the Parties are unable to resolve the outstanding claims during the Mediation Period, the Parties may choose to opt out of the arbitration process and proceed in court with the remaining claims. Notice of the opt-out shall be provided in writing within 60 days of the close of the Mediation Period. Absent notice of an opt-out, the arbitrations shall proceed in the order determined by the sequential numbers assigned to the Mass Filings.
- Enforcement of Subsection. A Court of competent jurisdiction located in a venue allowed under Section 16 of the Terms and Conditions shall have the power to enforce this subsection.
8. Offer of Judgment. At least 14 days before the date set for the arbitration hearing, any party may serve an offer in writing upon the other party to allow judgment on specified terms. If the offer made by one party is not accepted by the other party, and the other party fails to obtain a favorable award, the other party shall not recover their post-offer costs and shall pay the offering party’s costs from the time of the offer.
9. Severability. Except as provided in subsection 13(6), 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. If a court decides that any of the provisions in the Arbitration Agreement above is invalid or unenforceable because it would prevent the exercise of a non-waivable right to pursue public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in court. All other disputes subject to arbitration under the terms of the Arbitration Agreement shall be arbitrated under its terms.
10. Survival of Agreement. The terms of this Arbitration Agreement will continue, even after your relationship with the Bumble Group has ended.
14. TERMINATION AND REMEDIES
These Terms commence on the date you accept them (as described in the preamble) and continue until terminated in accordance with the terms herein.
If you want to terminate these Terms, you may do so by (a) notifying the Bumble Group at any time, and (b) closing your Account. Your notice should be sent to Bumble Group’s address below. Please note that if you terminate these Terms, your Subscription Service will continue until the end of the subscription period for which applicable fees have been paid, and you will not be entitled to a refund except as stated in Section 5.
Bumble Group may terminate or suspend these Terms, including your Account, if you breach these Terms or if Bumble Group is required to do so by applicable law. You agree that all terminations for cause shall be made in Bumble Group’s sole discretion and that Bumble Group shall not be liable to you or any third party for any termination of your Account.
In the event that Bumble Group determines, in its sole discretion, that you have breached any portion of these Terms, or have otherwise demonstrated conducted inappropriate for the App, Bumble Group reserves the right to: (a) warn you via email (to any email addresses you have provided to Bumble Group) that you have violated the Terms; (b) delete your User Content; (c) discontinue your Account; (d) discontinue your Subscription Service(s); (e) notify and/or send your User Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or (f) pursue to any other action which Bumble Group deems to be appropriate.
Termination of these Terms or your Account includes the removal of access to your Account, and all related information and content associated with or inside your Account.
All provisions of these Terms, which by their nature should survive, shall survive termination of these Terms, including, without limitation, the Arbitration Agreement, ownership provisions, warranty disclaimers and limitation of liability.
There are a few more things we need to mention before you can use Bumble For Friends.
The Bumble Group has taken reasonable steps to ensure the currency, availability, correctness and completeness of the information contained on Bumble For Friends and provides that information on an “as is”, “as available” basis. The Bumble Group does not give or make any warranty or representation of any kind about the information contained on Bumble For Friends, whether expressed or implied. Use of Bumble and the materials available on it is at your sole risk. The Bumble Group is not responsible for any loss arising from the transmission, use of data, or inaccurate Member Content.
You are responsible for taking all necessary precautions to ensure that any material you may obtain from the App is free of viruses or other harmful components. You accept that the App will not be provided uninterrupted or error free, that defects may not be corrected or that the Bumble Group, or the server that makes it available, are free of viruses or bugs, spyware, Trojan horse or any similar malicious software. The Bumble Group is not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction.
The communications between you and Bumble Group may take place via electronic means, whether you use the App or send Bumble Group emails, or whether Bumble Group posts notices in the App or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Bumble Group in electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Bumble Group provides to you electronically 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. Sec. 7001 et. seq.
We know our Terms and App are awesome, but we may have to change them now and again.
From time to time, we might have to make changes to these Terms, so we reserve the right to modify, amend or change the Terms at any time (a “Change”). If we do this then the Changes will be posted on this page and we will indicate the Effective Date of the updates at the bottom of the Terms. In certain circumstances, we may send an email or in-app notification to you notifying you of a Change. It’s also possible that we might ask you to agree to our Changes, but we’ll let you know. You should regularly check this page for notice of any Changes – we want our users to be as informed as possible.
Your continued use of Bumble For Friends following any Change constitutes your acceptance of the Change and you will be legally bound by the new updated Terms. If you do not accept any Changes to the Terms, you should stop using Bumble For Friends immediately.
In addition, we are constantly working to improve the App. This may mean that we add or remove features, products, services or functionalities from time to time – or that we suspend or stop the App altogether. We may take any of these actions at any time for any reason, and when we do, we may not provide you with any notice beforehand.
If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.
No failure or delay in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of the right or the exercise of any other right, power or privilege.
You represent and warrant that:
- 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
- you are not listed on any U.S. Government list of prohibited or restricted parties.
By using the App, you agree and acknowledge that Bumble For Friends is a global app operating through servers located in a number of countries around the world, including the United States. If you live in a country with data protection laws, the storage of your personal data may not provide you with the same protections as you enjoy in your country of residence. By submitting your personal information, or by choosing to upgrade the services you use, or by making use of the applications available on Bumble For Friends, you agree to the transfer of your personal information to, and storage and processing of your personal information in, any such countries and destinations.
The App may contain links to third-party websites or resources. In such cases, you acknowledge and agree that we are not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Framing, in-line linking or other methods of association with the App are expressly prohibited without first obtaining our prior written approval.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction.
In the event there is a discrepancy between this English language version and any translated copies of the Terms, the English version shall prevail.
If you have any questions, complaints or claims with respect to the App, please contact us at [email@example.com].
16. GOVERNING LAW AND FORUM.
Subject to Section 13(3), your access to the App, Our Content, and any Member Content, any claims arising from or related to your relationship with the Bumble Group, and these Terms are governed and interpreted by the laws of the State of Texas. All claims arising out of or relating to these Terms and/or your relationship with the Bumble Group that for whatever reason are not submitted to arbitration, and all claims or cases challenging the enforceability or applicability of the arbitration provisions herein, will be litigated exclusively in the federal or state courts of Travis County, Texas. You agree that such courts shall have personal jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.
17. THE BUMBLE GROUP.
The Terms constitute a binding legal agreement between you as user (“you”) and the Bumble Group (“we” or “us”). The Bumble Group includes, but is not limited to, Bumble Holding Limited (an English company), Bumble Trading LLC (a Delaware limited liability company), Bumble Inc. (a Delaware corporation), Social Online Payments Limited (a company incorporated in Ireland) and Social Online Payments L.L.C. (a Delaware limited liability company).
The Terms were last updated on: February 22, 2023.