Terms & Privacy Policy

INTRODUCTION

Welcome to BearHug! We’re excited you’re here and look forward to helping you build a stronger relationship.
 
LittleQuest Limited Liability Company (referred to as “We”, “LittleQuest”, "BearHug") is located at 1408 Post St, San Francisco, California and operates under the BearHug brand and name. We provide a service that allows users to notify each other of relationship needs using our technology.
 
The following ‘Terms of Service’ are a binding contractual commitment (“Agreement”). We recommend reading it in full before using our service.
 
For your safety, we reserve to right to remove any user for a number of reasons, but most importantly if we believe they are acting inappropriately or misrepresenting themselves. If someone has made you uncomfortable for any reason, please report them to our customer support team, either via the app or by emailing support@fairytrail.app.

TERMS OF SERVICE

IMPORTANT: PLEASE READ THESE TERMS OF USE CAREFULLY. PRESSING THE “I AGREE” BUTTON, OR OTHERWISE ORDERING, INSTALLING OR USING THE SERVICES (AS DEFINED BELOW) CONSTITUTES ACCEPTANCE OF THIS AGREEMENT ON YOUR BEHALF.
 
The following terms of use ("Agreement") govern your use of the BearHug mobile application (the "App") and any of the services (the "Services") offered by LittleQuest, LLC. ("we", "us" or "our"). By using or visiting the App, you signify your assent to this Agreement. This Agreement applies to all users of the App ("User").
 
Your use of any of the Services constitutes your agreement to comply with the terms of this Agreement. If you cannot agree to and/or comply with this Agreement and its requirements, you are expressly prohibited from use of the Services and must immediately exit the App.

Use of the App

You may view and use the App only in accordance with the terms of this Agreement.
 
You agree to use the App only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability, all as determined by applicable law.
 
In order to access some features of the App, you may be required to create an account. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure.
 
We will not be liable for your losses caused by any unauthorized use of your account.
 

General Prohibitions

You agree not to do any of the following, either directly or indirectly:
 
Use the App or Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, and data protection and privacy.
 
Use the App or Services in a malicious or unwanted manner, including harassment, spam, and marketing.
 
Remove, circumvent, disable, damage or otherwise interfere with security-related features of the App or Services, features that prevent or restrict use or copying of any content accessible through the App, or features that enforce limitations on the use of the App.
 
Reverse engineer, decompile, disassemble or otherwise attempt to discover the source code of the App or any part thereof.
 
Modify, adapt, translate or create derivative works based upon the App or any part thereof;
 
Intentionally interfere or attempt to interfere with or damage proper operation of the App or Services or any User’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code.
 
Impose or attempt to impose on the App an unreasonably large load on App's infrastructure or make automated use of the Services.
 
Reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit the App or Services for any commercial purpose. Encourage or enable any other individual to do any of the foregoing.
 
Changes to Agreement and Additional Rules of Usage
 
We reserve the right, at any time and without prior notice, to modify, alter or update this Agreement. Your continued use of the App constitutes your agreement to comply with Updated Agreement.
 
Change, Suspension or Termination of App, Services or Your Use
 
We may, without prior notice, change the App or Services, stop providing the App or Services, or create usage limits for the App or Services.
 
We may permanently or temporarily terminate, limit or suspend your access to the App or Services without notice or liability, for any reason or for no reason.
 
We may make changes to the materials, products, features and services available on the App at any time without notice.

Intellectual Property

The App including patents, copyrights, logos, trademarks and trade secrets are legally owned by us or third parties. These rights apply inter alia to the computer code of the App, graphical design, products, company names, etc. All contents of the App are protected by copyright and trademark rights, except as specifically permitted herein.

License

Upon your decision to use the App and subject to your compliance with the terms of this Agreement, we grant you a limited, non-exclusive, non-transferable, revocable license, without the right to sublicense, for you to install, access and use the App solely for your personal and non-commercial purposes. We reserve all rights in the App not expressly granted to you hereunder.

Disclaimer

The App, Services, and other material available through the App are provided "As Is", "at Your Own Risk" and "As Available" without any warranties whatsoever, express or implied. We assume no responsibility for the accuracy and completeness of the Services or other material on the App.
 
All other warranties, express or implied, including any warranties of merchantability, fitness for any particular purpose, or non-infringement of intellectual property are specifically excluded and disclaimed. We do not warrant that the Services will meet User's requirements and that the operation of the Services will be uninterrupted or error free, or that the App or the server that makes them available are free of viruses or bugs. We make no warranty regarding the quality of any products, service, information or content obtained through the App or Services or the accuracy, timeliness, truthfulness, completeness or reliability of any content obtained through the App or Services.

Limitation of Liability

We, our affiliates, directors, employees, agents, representatives and third party service providers, will not be liable for any damages whatsoever (including, without limitation, those resulting from lost profits, lost savings, lost data, business interruption or other special, consequential or incidental damages) arising out of or relating to the use, inability to use, or the results of use of the App, whether based on warranty, contract, tort or any other legal theory and whether or not we have been advised of the possibility of such loss or damages.
 
In no event will our aggregate liability arising out of or in connection with this Agreement or from the use of or inability to use the App or Services exceed the amount you have paid us during the ninety (90) days prior to your claim (if any). The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. Indemnification
 
You agree to indemnify us and our affiliates, directors, employees, agents, representatives and third party service providers, and to defend and hold us and each of them harmless, from any and all claims, actions, liabilities, damages, losses, expenses and costs (including attorney's fees) (collectively, “Claims”) which may arise from your access to or use of the App, Services or information obtained through use of the App, any content that you submit to this App and/or your breach of this Agreement. We reserve the right to assume the exclusive control of any such defense of any such Claim.

App Availability

We shall not be responsible for any disruption to the App, regardless of length. We will not be liable for losses related to User's inability to access content due to disruptions of the App. We shall be excused from performance of any obligations under this Agreement which are prevented or interfered due to acts or conditions beyond our reasonable control.

The Security of the App

We maintain reasonable physical, electronic, and procedural safeguards and personnel policies, consistent with applicable laws that are designed to guard the Services, the App and our systems. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. In the event of a breach of the confidentiality or security of your information, we will reasonably attempt to notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using your most current email address on record with us.

Jurisdiction and Governing Law

We make no representation that the Services offered through the App are appropriate, available or legal in any particular location. Those who choose to access the Services offered through the App do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
 
The User understands and agrees that, in addition to money damages, we shall be entitled to equitable relief where appropriate upon User's breach of any portion of this Agreement.
 
Any claim relating to the App or use of the App will be governed by and interpreted in accordance with the laws of the State of California, USA, without reference to its conflict-of-laws principles. Any dispute arising out of or related to your use of the App will be brought in, and you hereby consent to the exclusive jurisdiction and venue in, the competent courts in Alameda Country, You hereby agree to waive all defenses of lack of personal jurisdiction and forum non-conveniens and agree that process may be served in a manner authorized by applicable law or court rule. If any term or provision of this legal notice is for any reason held to be invalid, such invalidity shall not affect any other term or provision, and this legal notice shall be interpreted as if such term or provision had never been contained in this legal notice.

Miscellaneous

User agrees that no joint venture, partnership, employment or agency relationship exists between User and us as a result of this Agreement and/or User's use of the App. User may not assign any part of its rights and obligations under this Agreement without our prior written consent. No waiver of any obligation or right of either party shall be effective unless in writing, executed by the party against whom it is being enforced. The terms of this Agreement are severable and may be construed to the extent of their enforceability in light of the parties' mutual intent. The titles and subtitles in this Agreement are used for convenience only and are not to be considered in construing it. You may contact us at team@fairytrail.app

PRIVACY POLICY

If you provide personal data directly to our partners affiliates, distributors or suppliers, the terms of their respective privacy policies will apply to such disclosures. You should carefully review the privacy policies of the distributor, or supplier prior to providing personal data to such third parties.

1. Collection of Personal Information

Personal information includes:
 
Services information: When you visit the Service, we may collect information from you. This information can include search history, IP address, browser used, referring URL, etc. If you are using a mobile device, we may also collect data that identifies your device, your settings and your location.
 
Account information: If you choose to register, we may collect your email address, password, home airport, and other preference information you provide us. If you use a third-party service, like Facebook Login, to register or login, you are permitting us to use and store that information related to the account.

2. Disclosures and Share of Personal Information
 
In certain circumstances we may disclose information about you to third parties if we determine, in our sole discretion, such disclosure is necessary, includes, but not limited to (a) protect our systems, assets, members, and customers or to prevent damage to them; (b) ensure the integrity and operation of our business and systems; to better understand the users of our services, or (c) comply with legitimate and enforceable governmental requests, subpoenas, or court orders.

3. Protection of personal information
 
We seek to maintain the integrity and security of your personal data. We have implemented and maintain appropriate physical, administrative, technical, and organizational measures to protect the personal data you provide us against unauthorized or unlawful access, and against accidental loss, damage, alteration or destruction.
 
We seek to store your personal data in secure operating environments that are not accessible to the general public, and to have security measures in place at our physical facilities to protect against the loss, misuse or alteration of your personal data by our employees or third parties.
 
However, since no data transmission over the internet or data storage environment can be guaranteed to be 100% secure, so we cannot give an absolute assurance that the personal data you provide to us will be secure at all times. We must will rely on your informing us should you experience any unusual events that might demonstrate may indicate a breach in your information security. We will then investigate whether this was related to the data transmissions from or to us and let you know what steps can be taken and have been taken to try to resolve help rectify the problem.

COOKIE POLICY

Since we work with third party advertisers provide to give you access to interesting and exciting travel content through our website. So, as well as in addition to our setting some cookies ourselves ("first party cookies"), we also allow some advertisers who display advertisements on our site to set cookies, known as "third party cookies". These cookies record information about your use of advertisements. We also use essential cookies for fraud detection and prevention purposes.
 
You will see that you cannot turn off essential cookies through the Cookie Consent Tool because. The reason for this is that such cookies are necessary for you to access and use the content and features of the website. Please note that if you choose to delete our cookies, your access to some functionality and areas of our website may be reduced or restricted.

CHANGES TO THIS POLICY

We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site, at www.fairytrail.app/bearhug-terms.html. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site, or providing notice in our mobile app.