Terms & Conditions

Last Updated: September 25, 2024

Preamble

These Terms and Conditions are a contract between the user (“you” or the “User”) and SEEiBLE LLC. Your agreement to all aspects of these Terms and Conditions is a mandatory prerequisite to Your use of this mobile application known as “SEEiBLE” (the “App”), which is owned by SEEiBLE LLC, a Texas limited liability company.

Directions

Read these Terms and Conditions carefully before accessing or using the App. Once you have finished reviewing these Terms and Conditions, indicate your full agreement by selecting “AGREE.” By selecting “AGREE,” you agree to be bound by these Terms and Conditions at all times while using the App. If you do not agree to these Terms and Conditions, you are forbidden from using the App and must select “DECLINE.”

Definitions

• “You” means the individual accessing or using the App, or the company, person, or other legal entity acting on his or her behalf.
• “App” means the mobile application known as “SEEiBLE,” which is owned and managed by SEEiBLE LLC.
• “User Content” means any text, video, audio, images, or other such material (whether in physical or digital form) that is posted independently by a user or transmitted as part of a transaction between users of the App.
• “Prohibited Uses” means harassment; stalking; threats; verbal abuse; intimidation; social engineering; identity theft; sharing others’ personal information or information otherwise subject to information privacy laws (such as HIPAA); software piracy; introduction of viruses or other malware; distribution of any form of pornographic, obscene, graphic, or violent images or other material of any kind; attempting to gain access to devices or accounts owned or controlled by others; engaging in practices such as data mining, data harvesting, data extraction, or any other similar activity; social engineering; preventing any third party from using or accessing the App; sending spam of any kind to another person or entity; misrepresentation of Your identity or affiliation with another person or entity; any infringement of a third party’s legal rights (including but not limited to intellectual property rights); fraud of any kind; “kiting” and other related practices; fraud of any kind; financial crimes of any kind; criminal activity of any other kind; any other activity which may give rise to civil liability under applicable federal and state laws.

User Warranties

By accessing or using the App, you warrant the following:

• You are at least 18 years of age (SEEiBLE LLC does not permit users under the age of 18 to use the App);
• You understand these Terms and Conditions fully and completely;
• You agree to be bound by and comply with these Terms and Conditions at all times while using the App;
• You will not use the App for any unlawful purpose, any purpose not reasonably intended by SEEiBLE LLC, or any other Prohibited Use;
• If You are found to have used the App for any Prohibited Use and are subsequently banned from the App, You will not continue to use the App in any way or create any new accounts;
• You understand and acknowledge that, by using the App, You are not an employee or independent contractor of SEEiBLE LLC;
• You understand and acknowledge that no third party that is engaged in business of any kind using the App is an employee or independent contractor of SEEiBLE LLC;
• You understand and acknowledge that SEEiBLE LLC does not vet, investigate, promote, or endorse any individual or business that uses the App and therefore does not provide any warranty as to the goods or services being marketed or sold on the App or the trustworthiness of any advice provided by a third party using the App;
• You understand and acknowledge that SEEiBLE LLC is not responsible for the acts, omissions, crimes, representations, or obligations of any third-party users of the App.

By uploading or selling User Content of any kind to the App, you warrant the following:

• You own all rights to your User Content or otherwise have a license from the owner(s) of any attendance intellectual property giving you the right to upload or sell your User Content;
• The User Content you upload or sell using the App does not infringe any third party’s intellectual property rights, privacy rights, publicity rights, or other legal rights of any kind;
• You acknowledge and affirm that You are solely responsible for ensuring the legitimacy of third parties with whom You engage in correspondence and exchanges of money or other funds using the App, as well as the legality of all aspects of such transactions;
• You will not hold SEEiBLE LLC legally responsible for any losses or other damages you incur while engaging in transactions, contracts, or other permissible uses of the App;
• You will not hold SEEiBLE LLC legally responsible for any losses or other damages you incur as a result of others’ use of the App for any Prohibited Use or any wrongdoing committed by a third party other than SEEiBLE LLC;
• In the event You become aware of any conduct that constitutes a Prohibited Use, You will send to SEEiBLE LLC a brief, written description of the alleged wrongdoing and information that would allow SEEiBLE LLC to identify the person or entity engaged in a Prohibited Use (you must do so by emailing report@seeible.com);
• You warrant that You are not located in a country subject to any United States embargo or other trade restriction;
• You have not been and are not currently named by the United States Federal Government as a person or entity that is restricted or prohibited from doing business in the United States.

Intellectual Property

The App contains and involves the exchange of text, photographs, videos, audio, illustrations, graphics, images, and other media that may be subject to the intellectual property rights of other users or other third parties. You are prohibited from reproducing, copying, distributing, modifying, displaying, posting, publishing, transmitting, or otherwise unlawfully using material that is subject to the intellectual property rights of a third party without obtaining the proper licensure or other permissions allowable at law. Any User Content alleged to infringe on the intellectual property rights of a third party will be removed or hidden from the app until such allegations are resolved to the satisfaction of SEEiBLE LLC. Further, any act by You that constitutes infringement, misappropriation, or other misuse of intellectual property belonging to another person or entity will result in termination of your access to the App, as well as civil liability, and any and all other rights and remedies, in law or in equity, available as a result of your actions. You may not use any trademarks, copyrightable material, or other actual or potential intellectual property of SEEiBLE LLC in association with any goods or service without prior written consent of SEEiBLE LLC.

Closure or Suspension of Accounts

• Closing Your Account Voluntarily. You are permitted to close your account or delete your profile on the App, but you will remain liable for all legal and financial obligations incurred by You while using the App, even after your account is closed and/or your profile is deleted. Incomplete financial transactions or transfers must be completed or cancelled prior to closing your account or deleting your profile. You must pay in full all outstanding legal and/or financial obligations incurred through Your use of the App before You may delete your profile or close your account.
• Suspension & Cancellation of Your Account. If you are found or suspected to have engaged in any Prohibited Use of the App or have used the App to transmit or offer for sale any kind of User Content that violates these Terms and Conditions or any applicable law, SEEiBLE LLC reserves the right to temporarily suspend all functions of your account and delete the account within 30 days afterward, after all pending transactions are complete.

Payment Methods

You may link and unlike any payment methods with your account in the App. You may link payment methods such as credit cards, debt cards, or U.S. bank accounts. All incomplete or pending transactions must be complete before you remove any payment method from Your account in the App. With regard to the type(s) of payment method(s) that You link with Your account, You will remain responsible for any payment processing fees incurred as part of your transactions.

Dispute Resolution

• Scope of Dispute Resolution. SEEiBLE LLC is not legally responsible for any civil, administrative, or criminal disputes that may arise between You and another person or entity. By using the App, You understand and agree that SEEiBLE LLC is not a party to any contract or other agreement entered into by You and any other person or entity using the App. SEEiBLE LLC is also not responsible for and is legally immune from any kind of civil or criminal liability that You may incur as a result of such agreements, contracts, or transactions. In the event that any legal dispute arises between You and another user, a third party, or a third party platform, you agree that you will pursue your legal remedies directly against such person or entity and not SEEiBLE LLC.
• Binding Arbitration. The arbitration procedure is governed by the Federal Arbitration Act and shall be resolved by a neutral arbitrator as provided in these Terms and Conditions. Any dispute or claim arising out of or relating to these Terms and Conditions will be settled by binding arbitration.

Changes to Terms and Conditions

SEEiBLE LLC reserves the right to amend these Terms and Conditions at any time without notice. If these Terms and Conditions are amended, the updated version of these Terms and Conditions will be made available in the App and/or on SEEiBLE’s website.