User Terms (US)
These Terms apply to the users of our services in the United States, not to our partner venues or users outside the United States. The overview of the Terms can be found at breeze.social/terms-conditions.
PLEASE BE AWARE THAT SECTION 14 (ARBITRATION AGREEMENT) OF THE TERMS BELOW CONTAINS PROVISIONS GOVERNING HOW ANY DISPUTES BETWEEN US WILL BE RESOLVED. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO PURSUE CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL.
YOU, THE BUYER, MAY CANCEL THIS CONTRACT WITHOUT ANY CANCELLATION FEE WITHIN THREE (3) BUSINESS DAYS AFTER THE DATE OF THIS CONTRACT. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
Article 2. Registration and use of our Services
Article 3. Prohibited Use of the Services
Article 4. Termination of our Services
Article 8. Intellectual Property
Article 9. Privacy and Data Protection
Article 10. Limitation of liability and indemnity
Article 12. Disclaimer of Warranty
Please read these Terms carefully before using the Website and App of Breeze.
Article 1. Definitions
For these Terms, the following definitions apply:
- Account: the (personal) information provided and generated by the User in relation to the provision of the Services, including but not limited to your profile, App preferences, (selection of potential) Matches, and organization of Dates.
- Agreement: these Terms and any additional arrangements regarding the provision of our Services to you.
- App: (mobile) application through which access can be obtained to (a part of) the Service, available in the Apple App Store and Google Play Store;
- Breeze (we): we are the legal entity that offers products and/or services (remotely) to consumers. This is us:
- Breeze Social Inc.
- 228 East 45th Street, Suite 9E, New York, New York 10017
- hello@breeze.social;
- Canceling/Cancellation: When, for any reason, you decide not to meet your Match through our Services without Rescheduling.
- Date: a planned offline meeting between two Users who have met each other through our Service, with the purpose of getting to know each other better. A Date can range from an informal meeting, such as a walk or coffee, to a more formal meeting, such as a dinner or visit to an event.
- Date Location: the physical location, such as a restaurant, bar, café, or other public venue, where the Date between two User Matches will take place. The Date Location is selected by Breeze based on the preferences and availability of both Users and is communicated to them through the App.
- Date Token: a digital or virtual means of payment specifically created to be exchanged for future Service(s). Each token represents a predetermined value and can only be obtained through Breeze. A User can use a Date Token to pay for (offline) Services, particularly a Date.
- Match: refers to the situation in which Users of the App show mutual interest in meeting each other after seeing each other's Profile in the App. When there is a Match, the Users will be asked to schedule a Date with each other.
- Party(ies): You and Breeze together or individually.
- Privacy Statement: Our privacy statement in which we explain how we process your personal data and which can be consulted at breeze.social/privacy, along with our Cookie Statement.
- Rescheduling/Reschedule: When you decide to change the Date, time or location of the Date for any reason.
- Match Adjustment Policy: Our Match Adjustment Policy that explains the rules and consequences for Scheduling, Rescheduling and Canceling Dates and that is an integral part of these Terms.
- Scheduling/Schedule: When you have a Match and plan and confirm to go on a Date.
- Services: the provision of our App, Website and all related services by Breeze, including but not limited to:
- access to the App and the Website and the digital information provided thereby;
- facilitating the arrangement of Dates between Users;
- making reservations at partnered Date Locations that offer a deal to Dates;
- providing Date Tokens that can be used for potential future Dates; and
- any other services that we may offer now or on the future, such as the provision of gift cards or the offering of Breeze events.
Breeze’s Services do not include the sale or provision of alcoholic beverages.
- Terms: these terms and conditions that are applicable to our Services offered in the countries where we are live in the European Economic Area (EEA). If you are located in the United States, you can find the terms and conditions that apply to your relationship with Breeze here.
- Third Party/Parties: other parties that are not part of this Agreement.
- User (you): when you use Breeze's Services;
- Vendor: Any restaurant, bar, café, or other public venue selected by Breeze as the Date Location.
- User Guidelines: The User Guidelines that apply to our Website, App and all other services that we provide and that are an integral part of these Terms. The User Guidelines describe which content and/or behavior is and is not permitted, how we handle such content and behavior, what associated measures we can take and how our notification and complaints procedures work.
- Website: the collection of web pages and related content accessible through breeze.social, breeze.dating and breeze.date.
- Written/Writing: communication via email, mail, text, WhatsApp or any other digital means of communication as deemed appropriate by Breeze.
- Self-Organised Date: a Date Location arranged by the Users themselves without a reservation by Breeze.
Article 2. Registration and use of our Services
- To use our Services, you must:
- be at least 21 years old and can enter into these Terms;
- have not committed, been convicted of, or pled no contest to a felony or indictable offense (or crime of similar severity) related to assault, violence or a threat of violence, sexual misconduct, or harassment;
- not be required to register as a sex offender with any state, federal or local sex offender registry;
- have not previously been removed from our Services, unless you have our express written permission to create a new account; and
- be legally permitted to use the App according to the laws of your country of residence.
- To use our Services, you further warrant and agree that:
- Breeze is not responsible for any misuse of your login credentials;
- use of the Services is entirely at your own risk and expense;
- you are responsible for keeping your Account up to date;
- you shall not misrepresent your identity, age, or affiliations with a person or entity;
- you may establish only one (1) Account;
- you are responsible for all activities that occur under your Account and agree to notify Breeze immediately of any unauthorized use of or access to your Account or any other breach of security;
- you may not use the Services for any other purpose than for which it has been granted under these Terms; and
- you shall not share your access to the App with others.
- At Breeze, we are building a safe, respectful, and enjoyable environment. Therefore, by using our Services, you agree to adhere to our Terms, including our User Guidelines, Match Adjustment Policy and any other relevant documentation, and you further declare that you do not violate any applicable laws or regulations. Notwithstanding the foregoing, we are not responsible for the conduct of any User on or off the Service, including during Dates, and you are solely responsible for your interactions with other Users. You agree to use caution in all interactions with other Users and take appropriate safety precautions when communicating with or meeting new people. Breeze makes no guarantees as to the number of active Users at any time, Users’ ability or desire to communicate with or meet you, or the ultimate compatibility with or conduct by Users you meet through the Services.
- You understand that we do not conduct criminal background or identity verification checks on Users or otherwise inquire into the background of Users. Breeze makes no representations or warranties as to the conduct, identity, health, physical condition, intentions, legitimacy, or veracity of Users. Breeze reserves the right to conduct, and you authorize breeze to conduct, any criminal background check or other screenings (such as sex offender register searches) at any time using available public records, and you agree that any information you provide may be used for that purpose. If Breeze decides to conduct any screening through a consumer reporting agency, you hereby authorize Breeze to obtain and use a consumer report about you to determine your eligibility under these Terms. Background checks, sex offender screenings and other tools do not guarantee your safety and are not a substitute for following the User Guidelines and sensible safety precautions.
- Breeze may make adjustments to your Account, such as adding watermarks to your photos, using filters or blocking certain content and text (such as contact details). We do this to provide you and other Users with a pleasant and safe experience.
- When you have a Match and you are planning to go on a Date you agree to follow the procedures and rules set out in our Match Adjustment Policy.
Article 3. Prohibited Use of the Services
- Unless otherwise permitted under these Terms, you may not:
- use the Services for any illegal or unauthorized purpose, or engage in, encourage, or promote any activity that violates these Terms or the present Section, or is otherwise threatening, fraudulent, or harmful in any way, including to harass, bully, stalk, intimidate, assault, defame, harm or otherwise abuse or cause physical or psychological harm;
- use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services;
- use or attempt to use another User’s account or information without authorization from that User and us;
- use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other Users from fully enjoying the Services or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- reverse engineer any aspect of the Services, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Website, App or any part thereof, or bypass or circumvent (i) measures employed to prevent or limit access to or use of any part of the Services or (ii) restrictions aimed at deterring or preventing uses of the Services that violate this Section;
- develop or use any applications or software that interact with the Services without our authorization (such as through our APIs);
- use any part of the Services to research and develop products, models and services that compete with Breeze;
- use any part of the Services as input for any machine learning or artificial intelligence technology that is not provided by us;
- use any part of the Services as part of a dataset that may be used for training, fine-tuning, developing, testing or improving any machine learning or artificial intelligence technology;
- copy the Website or the App, or use any robot, spider, or other automatic device, process, or means to access the Website or the App for any purpose, including monitoring or copying any of the material on the Website or the App;
- frame, mirror, or otherwise incorporate the Website or the App or any portion of the Website or the App as part of any other mobile application or service;
- use any illustrations, photographs, video or audio sequences, or any graphics provided in the Website or the App other than for purposes of using the Services in accordance herewith;
- delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website or the App;
- modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Website or the App;
- rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Website or the App, or any features or functionality of the Website or the App, to any third party for any reason, including by making the Website or the App available on a network where it is capable of being accessed by more than one device at any time; or
- remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Website or the App.
Article 4. Termination of our Services
- We reserve the right to terminate the provision of the Services, the Agreement, delete a User's Account and/or ban a User from the Services in line with our User Guidelines and in the following cases:
- if we receive complaints about the User's Account or behavior;
- if the User acts in violation of the Terms; or
- In other cases where we reasonably deem termination of the Agreement or deletion of the Account necessary to protect the interests of Breeze, other Users, or Third Parties.
- We will notify the User of the termination of the Services, Agreement, deletion of the Account and/or banning from the Services, providing reasons and a possibility to object to our decision. We may retain your Account information to prevent banned Users from creating a new account and/or to cooperate with authorities in the event of a serious offense.
- At any time, you may terminate the use of our Services yourself by deleting your Account or by notifying us via email that you would like to terminate your Account. Please note that deleting the App from your phone does not mean that your Account will be deleted.
- Following the termination of your Account, we will delete all your personal data in accordance with our Privacy Statement.
- If we have taken action against you based on art. 3 (1), we reserve the right to block your phone number and App access. You can still contact us via e-mail.
- Upon termination of the Agreement or deletion of your Account, you will no longer be entitled to any refund of payments already made or Date Tokens that are non-refundable under art 5. Any refund requests must be submitted while your Account is still active and within the applicable refund period.
Article 5. User Content
You may upload images, videos, text, comments, graphics, enhancement requests, feedback, recommendations etc. (collectively, the “Content”) as part of your use of the Website or the App. IF YOU CHOOSE TO MAKE ANY OF YOUR INFORMATION OR THE CONTENT PUBLICLY AVAILABLE THROUGH THE SERVICES OR OTHERWISE, YOU DO SO AT YOUR OWN RISK. You are solely responsible for the development, content, operation, maintenance, and use of your Content. You shall ensure that all Content, and the use of it by you, complies with these Terms and any applicable laws, rules or regulations.
You hereby grant to Breeze a fully paid, nonrevocable, perpetual, nonexclusive, royalty-free, worldwide, transferable, assignable, and sublicensable right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly or otherwise perform and display, and use your Content to provide the Services (including the trust and safety features therein), to improve the Services, and to develop new services and products. Notwithstanding the foregoing, we will not commercialize your Content on a standalone basis without your permission to do so.
You may not provide Content for which you do not have all the rights necessary to grant us the license described above. You represent and warrant that you have all necessary rights and appropriate consents related to Content to allow Breeze to provide the Services and enforce its rights. You agree not to submit any Content that: (a) infringes the copyright, trademark, patent or any other intellectual property or other proprietary rights of any party; (b) you do not have a right to submit; (c) contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (d) poses a privacy or security risk to any person; (e) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, such as “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” solicitation for services, sex work, or any other form of solicitation; (f) is threatening, abusive, harassing, tortious, bullying, or excessively violent; (g) is defamatory, libelous, or verifiably false with the purpose of harming others; (h) constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, national origin, gender, gender identity, sexual orientation, religion, age, or other social, physical or mental characteristics; (i) is obscene or pornographic; (j) constitutes sexual harassment; (k) constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion; (l) glorifies self-harm, including self-injury, suicide, or eating disorders; (m) promotes terrorism or violent extremism; (n) interferes with or disrupts the Services or servers or networks connected to the Services; (o) in the sole judgment of Breeze, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or may expose Breeze or its Users to any harm or liability; (p) relates to or impersonates any other person; (q) contains any content, personally identifiable information or other information, or materials of any kind that relate or refer to any other person or entity; or (r) if submitted on the Website or the App, would constitute a breach of an agreement between you and any third party or a violation of a governmental order or any applicable law.
We do not undertake to review all Content, and we expressly disclaim any duty or obligation to undertake any monitoring or review of any Content. You agree to defend, indemnify and hold Breeze, its affiliates and subsidiaries, and their respective employees, contractors, consultants, agents, representatives, successors and assigns harmless from any damages, losses, costs, or expenses, including attorneys’ fees, which Breeze may incur as a result of the upload of Content. We take no responsibility and assume no liability for any Content posted by Users or any third party, and Breeze does not endorse any statement, idea or representation contained in the Content, nor does it not guarantee the Content’s accuracy, integrity or quality. Although we have no obligation to screen, edit, or monitor Content, we may: (a) delete or remove Content or refuse to post any Content at any time and for any reason with or without notice, including for any violations of applicable law or these Terms; (b) terminate or suspend your access to all or part of the Services, temporarily or permanently, if the Content is reasonably likely, in our sole determination, to violate applicable law or these Terms; (c) take any action with respect to the Content that is necessary or appropriate, in Breeze’s sole discretion, to ensure compliance with applicable law and these Terms, or to protect Breeze’s rights, or to protect any third-party rights, including third-party intellectual property and privacy rights; and (d) as permitted by law, cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Content on or through the Services.
Article 6. Payment and prices
- Unless otherwise agreed, all fees stated by us include value-added tax or any other government-imposed taxes.
- Discounts and quoted amounts do not apply to our future Agreements or offers.
- When we provide our Services, payments for Dates are made by using Date Tokens. For other paid Service(s), direct payment is the default payment method.
- Additionally, Services may be paid for using a voucher or giftcard. These Terms apply to any such voucher or giftcard, and additional terms may be agreed upon by Breeze and you.
- Refunds of any purchase shall only be credited to the bank account used for the purchase.
- Due to the personalized nature of our service, we ask you upon payment for a Date Token to waive your right of withdrawal. For other payments, you can access our electronic model withdrawal form at the top of these Terms on our website.
Article 7. Date Tokens
- Date Tokens are prepaid. Users can purchase Date Token through our App. Upon payment, you will receive the Date Token that can directly be used to pay for a Date. Any unused Date Tokens will become visible in your wallet, which is recorded within the App.
- The sale and provision of any alcoholic beverages to Users while on a Date is done solely by the Vendor under the Vendor’s alcoholic beverage licenses. Breeze does not provide or sell alcoholic beverages in any capacity. All funds provided to Breeze by Users are for Breeze’s Services, which do not include the sale or provision of alcoholic beverages.
- Unless stated otherwise, the cost of organizing a Date is usually 1 (one) Date Token, or 0.5 (half) Date Token for a Self-Organised Date. The latest exchange rates can be found in the App in the “Date Activities” section. Breeze can update these exchange rates at its own discretion.
- Date Tokens are refundable within 14 (fourteen) days from the date of purchase, provided they remain in your wallet (as defined in art. 5(1)). Date Tokens are non-refundable in the following cases:
- the Date Token has been used for a Date that is still scheduled to take place;
- the Date Token was not transferred back to your wallet in accordance with the conditions in our Match Adjustment Policy;
- the Date Token was not purchased by the User, but was obtained through other means, such as a gift, promotional activity, or voucher; or
- the Date includes elements provided as part of a bundled offer and you choose not to utilize certain elements (e.g., a token from a multi-token package, a deal on the first drink at the proposed Date location). In such cases, no partial refunds will be provided for unused elements of the offer.
In other instances, Breeze reserves the right, at our sole discretion, to refund your Date Token within a maximum period of 180 (one hundred eighty) days from the receival of your Date Token. Refunds will not be issued after the expiry of this 180-day period.
- Non-refundable Date Tokens cannot be refunded under any circumstances (even if Breeze no longer exists and therefore is no longer able to provide the associated Services).
- You may request from us that we transfer your Date Tokens to another User. It is our sole discretion to decide whether we will honor such a request.
Article 8. Intellectual Property
- All intellectual property rights relating to and/or resulting from the performance of any Agreement by us are owned by us. These Terms do not transfer any right, title or interest in any intellectual property right to you, except as expressly set forth in these Terms. Breeze or its licensors shall own and retain all rights, title and interest in and to (a) any text, graphics, images, music, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services; (b) the Website, the App and the Services; and (c) any and all modifications, enhancements and updates to the items listed in clause (a) and (b). There are no implied rights. Breeze reserves all rights not expressly granted herein. You acknowledge that any ideas, inventions, suggestions for improvement or discussions submitted by you regarding any aspect of the Services, including, without limitation, the functioning, features, and other characteristics thereof (or any component thereof) (all of the foregoing, collectively, “Feedback”) may be used by Breeze without compensation or attribution to you, and you hereby grant to Breeze, its subsidiaries, affiliates and partners a worldwide, irrevocable, royalty free, non-exclusive, sublicensable and transferable license under all intellectual property rights in and to the Feedback for Breeze to use for any purpose.
- Breeze grants the User a personal, limited, worldwide, royalty-free, non-exclusive, non-sublicensable, non-transferable, and revocable license for the duration of the Agreement to access and use the Services for the intended purposes of the Services solely for your internal personal, non-commercial purposes and in compliance with these Terms and applicable laws.
- By creating an Account, you:
- warrant to be the rightful owner and/or have obtained all necessary permission(s) from the rightful owner(s) for the Content, expressions, materials and other information provided by you to Breeze and that no rights of third parties and/or licenses applicable to such Content, expression, materials and other information preclude or impose any conditions to reproduce, modify, transmit, make available to the public and/or otherwise use them;
- grant Breeze a worldwide, perpetual, transferable, sublicensable and revocable license to reproduce, modify, transmit, make available to the public and/or otherwise use the expressions, materials and other information provided by you to Breeze; and
- warrant to respect any content, expressions, materials and other information protected by intellectual property rights of other Users, and/or Third Parties, i.e., you shall not reproduce, (sub-)license, modify, transmit, make available to the public and/or otherwise use such content, expressions, materials and other information.
- With your permission, we may use your name and/or photo as a reference or for promotional purposes.
- If you believe that your intellectual property rights have been violated in any manner by the Website or the App, please provide written notice of the same to hello@breeze.social. If notified of an allegation that the Website or the App contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Website and/or the App.
- Notwithstanding anything to the contrary contained herein, if you are a copyright owner or an agent thereof and believe that any content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Breeze’s Copyright Agent designated below with the following information in writing:
- 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 at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be 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 email address;
- 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 the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Breeze’s designated Copyright Agent to receive DMCA notices is: TABS Inc., Attn. Kirke Marsh. If notified of an allegation that the Website or the App contains infringing information, materials or other content, we may investigate the allegation and determine in our sole discretion whether to remove or request the removal of such material from the Website and/or the App, consistent with applicable law. For any information or notification send notice:
- By mail to:
Breeze DMCA Notice
Attn. Kirke Marsh
228 E. 45th St. Ste. 9E
New York, NY 10017 - By e-email to:
BreezeDMCA@tabsinc.com
Subject: Breeze Copyright Agent; or - By phone to: 374-694-5321\
Article 9. Privacy and Data Protection
- Breeze will process personal data as laid down in accordance with our Privacy Statement.
- By using our Services, you acknowledge to have read and understood the contents of our Privacy Statement.
Article 10. Limitation of liability and indemnity
- Breeze excludes liability, to the extent permitted by law, for any damages suffered by a User as a result of:
- actions by the User that violate these Terms and/or applicable laws and regulations;
- the introduction facilitated by Breeze. Breeze does not guarantee the suitability or conduct of Matches that are introduced to each other;
- Dates, including any interactions, communications or events undertaken that take place after the Date. As Breeze has no control over such interactions, communications or events, they are undertaken at your own risk and responsibility;
- the unavailability or insecure availability of our Services or parts thereof;
- incorrect or incomplete information on the App;
- complaints by other Users or Third Parties against the User that claims to have suffered damages; or
- any measures taken by Breeze against the User that claims to have suffered damages and/or damages related to content, materials and other information provided by that User to Breeze, all unless the damage is a direct result from intentional or grossly negligent acts by Breeze.
- As a User, you indemnify and hold Breeze harmless against any claims, damages, costs, and expenses (including reasonable legal fees) arising out or resulting from claims by Third Parties connected to (i) a violation of our Terms and/or applicable laws or regulations; (ii) your use of or conduct in connection with the Services; (iii) disputes between you and Third Parties in connection with the App or the Services; (iv) negligence or willful misconduct; (v) the Content or Feedback; or (vi) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights).
- Your acceptance of the Date Location selected by Breeze and your visit to the same for the Date shall be at your sole risk, and to the fullest extent permissible by law, Breeze disclaims all liability and responsibility arising from your decision to accept the Date Location and your visit to the same for the Date. The information provided by Breeze about the Date Location (“Date Location Information”) may contain inaccuracies and typographical errors (including, without limitation, addresses, opening times, prices, etc.), and Breeze does not guarantee that the Date Location Information will be accurate, current or error-free and disclaims any liability arising from any such errors and inaccuracies. Breeze shall not be responsible and disclaims all liability arising in connection with the services and products provided, including the ones purchased by you using Data Tokens, or failure to supply any such services and products, by any restaurant, bar, café, or other public venue selected by Breeze as the Date Location. Vendors are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (“Vendor Claims”) suffered by you as a result of your interaction with or visit to any Vendor or from any promotion, offer, product or service of any Vendor, and Users must resolve all disputes directly with Vendors. To the maximum extent permitted by applicable law, you hereby release Breeze from any and all such Vendor Claims.
Article 11. Force Majeure
- Sometimes events occur that are beyond our control. In legal terms, this is referred to as a situation of 'force majeure', including, without limitation, acts of God, war, acts of terrorism, acts of civil or military authorities, floods, accidents, insurrections, riots, embargoes, fires, strikes, delays in transportation, epidemic, pandemic or other public health issue, shortages, failure of any party to perform any contract with Breeze related to the provision of the Services, delay, interruption or suspension of sporting events, blackouts or governmental laws, regulations, orders or actions
- If a force majeure situation arises that prevents us from fulfilling our obligations, we may suspend these obligations until we are able to fulfill them again. If this force majeure situation lasts for a period of 30 (thirty) subsequent calendar days, both Parties have the right to terminate the Agreement, in whole or in part, by providing written notice. Unfortunately, in the case of force majeure, it is not possible to claim compensation for any damages you may have suffered, even if we have derived a certain benefit from the force majeure situation.
Article 12. Disclaimer of Warranty
- Breeze delivers it Services to the best of its abilities, but cannot guarantee that the Services will meet all expectations of the User. THE SERVICES ARE PROVIDED “AS IS”, “WHERE IS” AND “AS AVAILABLE,” AND BREEZE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICES, INCLUDING ANY THIRD-PARTY PRODUCTS INTEGRATED THEREIN, AND, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, BREEZE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT, AND THERE ARE NO WARRANTIES, EXPRESS OR IMPLIED.
- NEITHER BREEZE NOR ANY OF ITS AFFILIATES, NOR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES ARE LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND ANY RISK OF INJURY RELATED TO THE FOREGOING RESTS ENTIRELY WITH THE USER. WITHOUT LIMITING THE FOREGOING, BREEZE OR ANY THIRD PARTY CONTENT PROVIDERS OR LICENSORS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, CONSULTANTS, AFFILIATES, AGENTS OR OTHER REPRESENTATIVES DO NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERS THROUGH THE WEBSITE, THE APP, THE SERVER SUPPORTING THE WEBSITE OR APP, OR E-MAILS SENT FROM BREEZE WILL BE SECURE, FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT, FULLY COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS, OR THAT THE WEBSITE OR APP WILL OPERATE WITHOUT INTERRUPTION OR ERROR. USER ACKNOWLEDGES THAT BREEZE DOES NOT GUARANTEE THE ACCURACY OF DATA CAPTURED THROUGH ITS WEBSITE OR APP. BREEZE IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM THE CAPTURE, ANALYSIS, OR INTEGRITY OF SUCH DATA UNDER ANY CIRCUMSTANCES. USER ACKNOWLEDGES THAT BREEZE IS NOT RESPONSIBLE IN ANY WAY FOR MAINTAINING, SECURING, UPDATING, CHARGING OR REPLACING HARDWARE, OR COMPONENTS OF HARDWARE. USER ACKNOWLEDGES THAT BREEZE IS NOT RESPONSIBLE IN ANY WAY FOR FIRE, THEFT, LOSS, DAMAGE OR ANY LIABILITIES ARISING FROM THE HARDWARE USED BY USER TO ACCESS OR USE THE WEBSITE OR APP.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL BREEZE OR ITS AFFILIATES (INCLUDING, BUT NOT LIMITED TO, THEIR LICENSORS, SERVICE PROVIDERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, REPRESENTATIVES AND EMPLOYEES) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE OR CLAIM FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, LOSS OF PROFITS, REVENUE, OPPORTUNITY OR DATA, OR DELAY, EVEN IF FORESEEABLE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY. ADDITIONALLY, IN NO EVENT SHALL BREEZE BE LIABLE FOR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE WEBSITE, APP, THE SERVICES, OR THE ORDERING, RECEIPT, OR USE OF ANY DATE TOKENS, OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM BREEZE, OR FROM EVENTS BEYOND BREEZE REASONABLE CONTROL, SUCH AS INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS OR OMISSIONS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE).
- NOTWITHSTANDING THE FOREGOING, IN THE EVENT THAT BREEZE IS FOUND LIABLE IN RESPECT OF ANY LOSS, DAMAGE OR CAUSE OF ACTION (WHETHER CONTRACTUAL, EXTRA-CONTRACTUAL OR OTHERWISE) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES (OR ANY PORTION THEREOF), THE WEBSITE OR THE APP, BREEZE’S LIABILITY SHALL BE STRICTLY LIMITED TO THE GREATER OF: (I) ONE HUNDRED U.S. DOLLARS ($100); OR (II) THE TOTAL AMOUNT YOU PAID FOR THE SERVICES (IF ANY) DURING THE MONTH PRECEDING THE ACT, OMISSION, OR OCCURRENCE GIVING RISE TO SUCH LIABILITY.
Article 13. Miscellaneous
- By accessing or using our Services, you agree to be bound by the Terms.
- Unless we have expressly agreed otherwise in Writing in our Agreement, no other terms apply to the Agreement. Any other general terms and conditions are therefore not applicable.
- Only if we have expressly and mutually agreed in Writing, deviations or additions to these Terms may apply.
- We may unilaterally amend these Terms. If this occurs, we will inform you of the changes and/or additions. These changes will take effect immediately. If the amendment allows us to perform our Agreement significantly different than what we agreed upon when your Account was created, you have the right to refuse the amended Terms and terminate our Agreement. This will however result in your inability to use our Services.
- These Terms constitute the entire agreement between you and Breeze regarding the use of our Services and supersede and replace any prior agreements, understandings, representations, or communications, whether written or oral, related to the subject matter hereof. Any changes or additions to these Terms must be made in writing and agreed to by Breeze to be valid.
- Any dispute arising out of or relating to these Terms or your use of the App shall be resolved by binding arbitration pursuant to the Federal Arbitration Act, which shall govern the interpretation and enforcement of this arbitration agreement. The arbitration is to be held before a single arbitrator pursuant to the then-current Consumer Arbitration rules of the American Arbitration Association (the “AAA”) and conducted in the County and City of New York, State of New York. The arbitrator shall be jointly selected by the parties. If the parties are unable to agree upon the arbitrator, either party may request the AAA to select the arbitrator. Before beginning the proceedings, the appointed arbitrator must provide an oath or undertaking of impartiality. All arbitration proceedings shall be conducted on a confidential basis. Any award, order or judgment pursuant to such arbitration shall be deemed final and binding upon the parties and may be enforced in any court of competent jurisdiction. Prior to any arbitration hereunder, the parties mutually agree to mediate any disputes in accordance with the then-current AAA’s Mediation Procedures. The costs for such non-binding mediation shall be shared equally between the parties. Each party shall bear the cost of their own attorneys. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Further, the parties agree that the arbitration of any dispute shall be conducted on an individual basis, not a class-wide basis, and that no arbitration proceedings may be consolidated with any other arbitration or other legal proceeding involving Breeze or any other person. You further agree not to be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against Breeze for any dispute. The parties agree that the arbitrator of any dispute between the parties shall not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
- YOU UNDERSTAND THAT BY AGREEING TO SUCH BINDING ARBITRATION YOU ARE HEREBY WAIVING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF THE APP CONTEMPLATED HEREBY (WHETHER BASED ON CONTRACT, TORT OR ANY OTHER THEORY). EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
- You may opt out of this arbitration agreement by sending us written notice, within 30 days of the time you consent to these Terms, to the following email address: hello@breeze.social.
- These Terms are governed by the laws of the State of New York without regard to its conflict of laws principles. Except as provided above as to those disputes submitted to arbitration pursuant to the Federal Arbitration Act, any other dispute must be brought in state or federal court in New York, New York, and you expressly submit to the jurisdiction of such courts and waive any claims that such courts are an inconvenient forum.
- The provisions of these Terms that are intended to remain in effect after termination of the Agreement will continue to apply.
- These Terms were last updated on Aug 20, 2025.