Effective Date: March 1, 2025
This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you (either an individual or a single entity) and My Bodega NYC ("we," "our," or "us") regarding your use of our inventory management application and related services (collectively, the "Service").
By downloading, installing, accessing, or using the Service, you agree to be bound by the terms of this Agreement. If you do not agree to the terms of this Agreement, do not download, install, access, or use the Service.
Subject to your compliance with the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes.
You agree not to, and will not permit others to:
My Bodega NYC may from time to time provide updates or upgrades to the Service. Such updates or upgrades may automatically install without prompting or notice. These updates or upgrades may add, modify, or remove features from the Service. By continuing to use the Service after such update or upgrade, you agree to be bound by the terms of this Agreement as applied to the updated or upgraded Service.
To use the Service, you may be required to create an account and provide certain information about yourself as prompted. You represent and warrant that all information provided when creating an account is accurate, complete, and up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
You agree to immediately notify My Bodega NYC of any unauthorized use of your account or any other breach of security. My Bodega NYC will not be liable for any loss or damage arising from your failure to comply with this section.
The Service, including all content, features, and functionality, is and will remain the exclusive property of My Bodega NYC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as explicitly stated in this Agreement, My Bodega NYC does not grant you any rights to patents, copyrights, trademarks, trade secrets, or any other rights in respect to the Service.
Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and My Bodega NYC will be free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
The Service may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising ("Third-Party Materials"). You acknowledge and agree that My Bodega NYC is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.
My Bodega NYC does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.
My Bodega NYC will use reasonable efforts to make the Service available 24/7. However, there will be occasions when the Service will be interrupted for maintenance, upgrades, and emergency repairs, or due to failure of telecommunications links and equipment. My Bodega NYC will make reasonable efforts to minimize such disruption where commercially feasible but cannot guarantee that the Service will be available at all times.
Technical support is provided via email and is available during regular business hours (Monday through Friday, 9:00 AM to 5:00 PM Eastern Time, excluding holidays). My Bodega NYC will use reasonable efforts to respond to all support requests within 24 business hours.
Access to certain features of the Service may require payment of subscription fees. By subscribing to the Service, you agree to pay all fees and charges associated with your account on a timely basis in accordance with the rates, terms, and conditions in effect at the time of your subscription or renewal.
Unless otherwise specified, subscriptions will automatically renew for successive subscription periods at the then-current rates, unless you cancel your subscription before the end of the current subscription period. You may cancel your subscription at any time by contacting our customer support team. Any fees paid prior to your cancellation are non-refundable, except as expressly provided in this Agreement or as required by applicable law.
My Bodega NYC reserves the right to modify subscription fees for the Service at any time. We will provide you with reasonable notice of any such changes. If you do not agree to the revised fees, you may cancel your subscription before the next billing cycle.
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. MY BODEGA NYC MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
MY BODEGA NYC DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR THAT THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL MY BODEGA NYC, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICE.
UNDER NO CIRCUMSTANCES WILL MY BODEGA NYC BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
IN NO EVENT SHALL MY BODEGA NYC'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO MY BODEGA NYC IN THE PAST THREE (3) MONTHS, OR $600, WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless My Bodega NYC, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this Agreement or your use of the Service, including, but not limited to, any use of the Service's content, services, and products other than as expressly authorized in this Agreement.
This Agreement shall remain in effect until terminated by you or My Bodega NYC. My Bodega NYC may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.
This Agreement will terminate immediately, without prior notice from My Bodega NYC, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Service and all copies thereof from your devices.
Upon termination of this Agreement, you shall cease all use of the Service and delete all copies of the Service from your devices. Termination of this Agreement will not limit any of My Bodega NYC's rights or remedies at law or in equity.
This Agreement shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and My Bodega NYC agree to submit to the personal and exclusive jurisdiction of the courts located in New York County, New York.
If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power under this Agreement shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power under this Agreement preclude further exercise of that or any other right.
This Agreement constitutes the entire agreement between you and My Bodega NYC regarding your use of the Service and supersedes all prior and contemporaneous written or oral agreements between you and My Bodega NYC.
My Bodega NYC reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised agreement. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about this Agreement, please contact us at:
My Bodega NYC
Email: [email protected]