Terms of Use

Better.so  (hereinafter “Better”) is operated by Better PBC (hereinafter “Better”). The following terms of use govern the use of Better, which is managed by Better. BY USING BETTER (BETTER.SO) AND THE ONLINE SERVICES, YOU AGREE TO THESE TERMS OF USE.

Notices

Privacy

For information about your privacy please see our Privacy Policy.

Browser Support

Better supports the two latest versions of the following web browsers: Chrome, Internet Explorer, Firefox, and Safari. Due to the rapidly evolving nature of web technology, we cannot guarantee the accuracy or functionality of any advice or information offered on Better unless viewed in a supported browser.

Trademarks

We work hard to make sure our goods and services are easily recognizable. We do this by associating our goods and services with our trademarks and trade dress (“Mark” or collectively “Marks”). This is why our Marks cannot be used in any manner that is deceptive or disparaging, or in connection with any product or service that is not ours. Without our prior written consent, using a Mark constitutes trademark infringement and unfair competition in violation of federal and state laws.

The following is a non-exhaustive list of our Marks. The absence of a product or service name or logo from this list does not constitute a waiver of trademark or other intellectual property rights.

Better PBC

Better

Better.so

For more information on how to use our Marks contact support@better.so.

Copyright and Other Intellectual Property

Better maintains Better and is the owner or the authorized user of all text, images, graphics, photos, animation, music, sounds and other materials contained within Better. The materials contained within Better, including, without limitation, any copyrights, trademarks, service marks, and all other proprietary materials, are protected by the U.S. and international copyright laws and treaty provisions, trademarks laws, and other proprietary rights laws. Better also owns copyright in the selection, coordination and arrangement of the material contained within Better.

The material contained within Better is provided by Better only for lawful uses by customers, Better employees, and members of the general public. The material may not be copied, republished, incorporated into another website or reproduced (whether by linking, framing, or any other method), transmitted, distributed, uploaded, posted, used to create a derivative work or exploited in any other way without the express written consent of Better.

Digital Millennium Copyright Act

Better respects the intellectual property rights of others and expects its users to do the same. Pursuant to the Digital Millennium Copyright Act of 1998 (the “DMCA”), Better will respond expeditiously to notices of alleged copyright infringement on Better that are reported to Better.

Better prohibits copyright infringing activities on Better and will, if properly notified of infringing files, expeditiously remove or disable access to such files. Upon receipt of the notice, Better will take whatever action, in its sole discretion, it deems appropriate, including removing or disabling access to the material without prior notice, to the extent it is technologically possible given the nature of Better.

Notice: If you are a copyright owner, or agent thereof, please report alleged copyright infringements taking place on or through Better or other Better services by completing a DMCA notice of alleged infringement and delivering it to Better. Upon receipt of a notice, Better will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from Better.

Counter notice: Once an appropriate notice is received, Better will follow the procedures provided in the DMCA, which set forth a notice and takedown process, subject to the alleged infringer’s right to submit a counter-notification claiming lawful use of the copyright or other intellectual property interest that is allegedly infringed. Please note that any notices or counter notices received may be sent to Better’s legal advisors.

Please provide the following information to us:

Identify the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Better are covered by this Notice, a representative list of the copyrighted works that are claimed to have been infringed.

Identify the material or activity claimed to be infringing or to be the subject of infringing activity and provide information reasonably sufficient to locate the material, including, at minimum, if applicable, the URL.

Provide information reasonably sufficient to permit us to contact you, such as a mailing address, telephone number, and, if available, e-mail address.

Include both of the following statements in the body of the notice:

“I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).”

“I hereby state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”

Sign the notice by providing a physical or electronic signature along with your full legal name.

Deliver this notice, with all items completed, to support@better.so.

Links

Clicking on certain links within Better or certain other websites that are linked to Better may take you to other websites or may display information on your computer screen from other websites, which may not be maintained by Better. Such websites may contain terms of Use, privacy provisions, confidentiality provisions, or other provisions that differ from the terms of Use applicable to Better. Links to other Internet services and websites are provided solely for the convenience of users. A link to any service or website is not an endorsement of any kind of the service or website, its content, or its sponsoring organization.

Better assumes no responsibility or liability whatsoever for the content, accuracy, reliability or opinions expressed in a website, to which the website is linked, and such linked websites are not monitored, investigated, or checked for accuracy or completeness by Better. It is your responsibility to evaluate the accuracy, reliability, timeliness and completeness of any information available on a linked website. All products, services and content obtained from a linked website are provided “as is” without warranty of any kind, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, security, or accuracy.

Limited Liability

NEITHER BETTER NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION OR DELIVERY OF THE INFORMATION AT BETTER, NOR THE OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES OF BETTER, ARE LIABLE IN ANY WAY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, COST OF PROCURING SUBSTITUTE SERVICE OR LOST OPPORTUNITY) ARISING OUT OF OR IN CONNECTION WITH BETTER OR THE USE OF BETTER OR A LINKED WEBSITE OR WITH THE DELAY OR INABILITY TO USE BETTER OR A LINKED WEBSITE, WHETHER OR NOT BETTER IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES, DATA OR HARMFUL CODE THAT MAY AFFECT YOUR EQUIPMENT OR ANYONE ELSE’S EQUIPMENT, ANY INCOMPATIBILITY BETWEEN BETTER’S FILES AND YOUR BROWSER OR OTHER WEBSITE ACCESSING PROGRAM, OR ANY FAILURE OF ANY ELECTRONIC OR TELEPHONE EQUIPMENT, COMMUNICATION OR CONNECTION LINES, UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, OR ANY FORCE MAJEURE. BETTER DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO BETTER OR A LINKED WEBSITE. THE CONTENT, ACCURACY, OPINIONS EXPRESSED, AND OTHER LINKS PROVIDED BY LINKED WEBSITES ARE NOT NECESSARILY INVESTIGATED, VERIFIED, MONITORED OR ENDORSED BY BETTER. THE INFORMATION, SOFTWARE, PRODUCTS AND DESCRIPTION OF SERVICES PUBLISHED ON BETTER OR A LINKED WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND BETTER SPECIFICALLY DISCLAIMS ANY LIABILITY FOR SUCH INACCURACIES OR ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION ON BETTER AND LINKED WEBSITES. BETTER MAY MAKE IMPROVEMENTS OR CHANGES TO BETTER AT ANY TIME.

No Warranties

ALL PRODUCTS, SERVICES AND CONTENT ON BETTER ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY. BETTER DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION ON BETTER. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY, TIMELINESS AND COMPLETENESS OF ANY INFORMATION AVAILABLE ON BETTER. BETTER SPECIFICALLY DISCLAIMS ANY DUTY TO UPDATE THE INFORMATION ON THE WEBSITE.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD BETTER HARMLESS FROM ANY LIABILITY, LOSS, CLAIM AND EXPENSE, INCLUDING ATTORNEY’S FEES RELATED TO YOUR VIOLATION OF THESE TERMS OF USE OR THE USE OF THE SERVICES AND INFORMATION PROVIDED AT BETTER.

Confidentiality of Information

Better has taken reasonable steps to ensure the confidentiality of information taken through Better and transmitted via the internet. However, unexpected changes in technology may be used by unauthorized third parties to intercept confidential information, and we cannot be responsible should confidential information be intercepted and subsequently used by an unintended recipient.

Please read our customer Privacy Policy for further information on confidentiality of information.

Restricted Access

Access to certain areas of Better is restricted. Better reserves the right to restrict access to certain areas of Better, or at its discretion, the entirety of Better.

If Better provides you with a user ID and password to enable you to access restricted areas of Better, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security and for all activities that occur using your password and user ID.

Better may disable your user ID and password at its sole discretion without notice or explanation.

Website Content and Material

The information and materials contained in Better, including but not limited to these Terms of Use and any product information, are subject to change without notice. You are deemed to be apprised of and bound by any such changes. Please review the date last updated, as your use of Better after that date will constitute your consent to the changes made. Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination and acceptance by us.

Termination

You agree that, without notice, Better may terminate these Terms of Use, or suspend your access to Better’s service or the content, with or without cause at any time and effective immediately. These Terms of Use will terminate immediately without notice from Better if you, in Better’s sole discretion, fail to comply with any provision of these Terms of Use. Better shall not be liable to you or any third party for the termination or suspension of the service or the content, or any claims related to such termination or suspension.

Choice of Law

You agree that these Terms of Use shall be governed by and interpreted in accordance with the laws of the State of Delaware, without giving effect to principles of conflicts of law. Any legal action or proceeding arising under these Terms of Use will be brought exclusively in courts located in New Castle County, Delaware, and you hereby irrevocably consent to the personal jurisdiction and venue therein.

Waiver and Severability

Any waiver of any provision contained in these Terms of Use shall not be deemed to be a waiver of any other right, term or provision of these Terms of Use. If any provision in these Terms of Use shall be or become wholly or partially invalid, illegal or unenforceable, such provision shall be enforced to the extent it is legal and valid and the validity, legality and enforceability of the remaining provisions shall in no way be affected or impaired thereby.

Access and Interference

You must not use Better in any way that causes, or may cause, damage to or impairment of the availability of accessibility of Better or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use Better to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities on or in relation to Better without Better’s express written consent. This includes:

scraping

data mining

data extraction

data harvesting

‘framing’

article ‘Spinning’

You must not use Better or any part of it to transmit or send unsolicited commercial communications.

You must not use Better for any purposes related to marketing without the express written consent of Better.

You must not attempt to gain unauthorized access to any user accounts or computer systems or networks, through hacking, password mining or any other means. You shall not use any robot, scraper or other means to access any aspect of Better or equipment for any purpose.

You shall not sign up under a false name.

Secured Areas

Access to and use of password protected and/or secure areas of Better is restricted to authorized users only. Unauthorized persons attempting to access these areas of Better may be subject to prosecution.

Telephone Call Monitoring and Recording

Authorized employees or agents of Better may monitor and record all or portions of your telephone calls to Better for quality control, customer service, employee training, security, legal compliance, and other lawful purposes. Your consent will be ongoing and need not be confirmed prior to, or during such monitoring or recording, except to the extent applicable law expressly requires otherwise.

Communications

By using the service or the content of Better, you consent to any form of recording and retention of any communication, information and data exchanged between you and Better or its representatives or agents.

U.S. Residents Only

The content and the service are intended for United States residents only. They shall not be considered a solicitation to any person in any jurisdiction where such solicitation would be illegal.