General

The following terms and conditions (the “Terms & Conditions”), govern your (hereinafter referred to as “You” “Your” or the “User”) use of Apiary Life LLC’s, a New York limited liability corporation, with an address of c/o Mathey and Stern, 155 Water Street #3-22, Brooklyn, NY 11201 and its subsidiaries (hereinafter referred to as “ApiaryLife”, the “Provider”, “We”, “Us” or “Our”) technology platform (“Platform” and/or “App”) and personalized expert support (“Expert Support”).  Please read these Terms & Conditions carefully before using the ApiaryLife Platform and any other services that are provided by Us.  

Subject to Your acceptance of these Terms & Conditions, You are permitted to access and make use of Our Platform, App and Expert Support (together, the “Services”).  These Terms & Conditions apply to all users wishing to access the Services.  If You do not agree to being bound by Our Terms & Conditions, then please immediately stop using the Services in any manner.  By entering, accessing or continuing to use the Services You are entering into a binding commitment between You and Us confirming that (a) You have read, understand and agree to these Terms & Conditions; (b) You are of legal age to be bound by these Terms & Conditions; and (c) You have the authority and capacity to enter into these Terms & Conditions.  Your continuing instructions and use of the Platform, App and the Services will amount to Your acceptance of these Terms & Conditions.  

These Terms & Conditions are issued and should be read in conjunction with our Privacy Policy  

These Terms & Conditions create a binding legal agreement between You and ApiaryLife (“the Agreement”) and include an arbitration clause under which certain claims may not be brought in court or decided by a jury.  Please read these Terms & Conditions carefully.

Please note that We are not acting in the capacity of lawyers, financial advisors or accountants, medical advisors or mental health specialists.  You should not place any reliance on the use of our Services in replacement of the appropriate legal, financial, medical, or therapeutic services.  This includes emergency services and any safeguarding emergency services.  If You need urgent help, then please contact Your local emergency services.

If You have questions, comments or concerns regarding these Terms & Conditions or the Services, then please contact Us at contactus@apiary.life.  ‍

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Modification to Terms and Services

‍We reserve the absolute right to modify these Terms & Conditions from time to time without notice to You, so please revisit this page frequently.  In the event of such a change, We will post the updated Terms & Conditions on this page and will update the date of the Terms & Conditions.  The change(s) will take place immediately (unless otherwise stated) and You retain full responsibility for familiarizing yourself with the revised Terms & Conditions.  Your continued use of the Services following any amendments or modifications will signify Your consent to be bound by them.  If You no longer wish to be bound by the Terms & Conditions, please cease using the Services and notify our team at support@apiary.life.

We are constantly working to improve our Services so, from time to time, We may automatically update Our Platform and change the Services to release new features, improve performance, enhance functionality, reflect changes, update resources, or address security issues.  In such circumstances, We may ask You to update the Platform/App on Your device(s).  If You choose not to install such updates, then You may not be able to continue using the Services.

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The Services

ApiaryLife is a life event support service, offering practical, logistical, and administrative support and guidance through significant life events.  We offer an online Platform/App through which You can access interactive checklists and resources, navigate decisions, complete tasks, connect with an expert and receive education and guidance on the process for dealing with a range of life events.  We also offer Expert Support to provide consultation, information, education, recommendations, guidance, and to complete tasks and carry out research on Your behalf. Experts may provide support, through a variety of platforms and sources including articles, webinars, resources, messaging services, telephone calls and online video calls, dependent on the Scope of Services agreed.

Your employer or another organization may enter into an associated agreement with Us to allow Your access to the Services.  Where appropriate, We will provide You with information as to the cost, scope, and duration (as relevant) of the Services available to You as a result of Our agreement with Your employer or another organization.  The support available to You will depend on the agreement reached with You, Your employer or another organization.  If You are unsure which service is applicable to You then please contact Your employer or contact Us at contactus@apiary.life.

Platform/App Support: Our Platform/App provides You with access to written guidance, resources, articles, interactive checklists, support and information and other material made available via the Platform/App.  You may also have access to the facility to message our experts.  When using our Platform/App Support, please be aware that the guidance, information and content made available to You has been prepared for a general audience and has not been assessed based on Your specific needs or concerns. Please check with the relevant medical, legal, financial, tax, mental health or other appropriate professionals and do not place any isolated reliance on these resources.

Expert Support: Our Expert Support provides You with 1:1 bespoke guidance and support from one of Our experts, employees, contractors or agents who will provide consulting and administrative support services to You. If Your circumstances deem it appropriate, You may receive Expert Support from more than one expert during Your engagement with Us. Expert Support may include (but is not limited to) (i) consulting and coaching;  (ii) facilitating connections with required third parties; (iii) preparing for legal, financial or other advisers; (iv) assisting with completion of complex paperwork, including for insurance purposes; (v) collating and organizing relevant financial or other documentation; (vi) assisting with budgets; (vii) assisting with communications; (viii) organizing moves, arranging valuations, facilitating house clearances and searching for properties; (ix) providing administrative support/ personal assistance services as directed, to include, for example: hiring household help, childcare or tutors or organizing medical treatment; and (x) any additional services agreed upon between You and Us.

When using Our Expert Support, Our experts may make different recommendations or suggest options based on the information and background that You have provided to them.  If You decide to go ahead with their recommendations then You do so at Your own risk and, where any such recommendation is based on a third party or associated provider, then any complaint or concern should be directed to that third party or associated provider. We always recommend that You seek appropriate medical, mental health, legal or financial (as and where appropriate) guidance as to Your specific circumstances without placing any reliance on the information or guidance you may have received from our experts.  If You have any queries about the information or guidance that You have received, then please seek independent advice.  

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Registration and User Account

To utilize the Services, You must first register and create a password protected account on Our Platform / App.  You will need to register using the log in details provided to You or Your work email address.  When registering, You will need to provide Your first name, last name, and work email address.  You can change Your work email address to a personal email address immediately after registration in the “My Profile” section of the Platform/ App.  We may also request further information from You in order to provide You with the Services.  

By signing these Terms & Conditions You are agreeing to provide Us with accurate, current, and complete registration information and information in relation to Your account and circumstances at all times.

You are the sole authorized User of Your account and You are responsible for keeping Your account safe and secure from unauthorized access.  You accept responsibility for all activities and actions under Your account whether by you or any collaborator you invite to join your account and for maintaining the confidentiality of Your account and password.  You should use particular caution when accessing the Services from a public or shared computer.  You must notify Us immediately of any unauthorized access of Your account or other breach of security.  We do not accept liability for any losses or harm incurred by You or any third party as a result of unauthorized use of Your account or Your failure to comply with these Terms & Conditions.

Our Services are available only to individuals who are at least 18 years’ old and reside in a jurisdiction in which the Services are available.  Some jurisdictions prohibit the use of the Services because of legal, religious or moral views.  You must not utilize the Services if prohibited from doing so because of Your age or geographical location.  Unless otherwise specified in writing, the Services are for Your personal and non-commercial use only (or that of your spouse or partner in certain circumstances as agreed) and must not be sold, assigned or transferred to any other person, organization or other third party

In order to access the Expert Support element of the Services, You acknowledge and agree that You will be required to provide Us with certain information and details, including personal data and, potentially, sensitive personal data.  By accepting these Terms & Conditions You expressly acknowledge and agree that in order to benefit from the Expert Support, We will need to have access to and use the information that You provide to Us.

If You wish to cancel Your account and terminate Your access to the Services, then please notify Us in writing at contactus@apiary.life. Your request will be addressed within a timely manner and, following the termination of Your account, You will no longer be able to access the Services.  You agree that no liability will attach to Us as a result of the cancellation or termination of Your account.  We reserve the right to cancel or terminate Your account if you violate any provision of these Terms & Conditions.

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Compensation and Expenses

We charge a fee (“Fee”) for our Services.  Payment of the Fee for use of the Platform/App Support and Expert Support may be covered by Your employer or by another third party, or You may pay the Fee Yourself.  The Fee and Fee structure will be outlined by Us at the time of Our engagement should you pay the Fee Yourself.  Services completed outside of normal working hours (8am to 7pm in Your time zone) Monday through Friday will be charged at x1.5.  By way of example, a one hour call out of normal working hours will be “charged” at 1.5 hours.  

Where the Fee is covered by Your employer or another third party, such Fee will be governed by a separate confidential agreement entered into between Us and Your employer or other third party.  

Where the Fee is payable by You, You will pay all Fees in accordance with the billing terms that are in effect at that time.  If You cancel the Services, then You will not receive any refund of the Fee paid and You will remain liable for any Fee outstanding prior to the cancellation of Your account.  

Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments or withholdings that may become due.  You shall be solely responsible for all taxes, duties and charges arising as a result of your engagement of ApiaryLife from time to time, save for those which are assessable against ApiaryLife based on Our revenue.  We reserve the right to modify the fees and prices for certain features or services available at any time, at Our discretion.  

Our compensation does not include any out-of-pocket expenses incurred, including but not limited to, costs of long-distance telephone calls, travel, parking, obtaining copy documents, application fees, postage, printing and photocopies not normally made by Us or as requested by You. All out-of-pocket expenses are to be paid by You, Your Employer or other associated third party (as the case may be) promptly when billed or as requested.

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Expert Support

Expert Support consultation sessions will be held using our ApiaryLife Platform/App, or via video conferencing facilities.  Alternative communication platforms and mediums can be provided based on User need, and as agreed with You.  Consultation sessions can be booked via our ApiaryLife Platform/App and will take place at a time agreed upon between You and the expert. Part completed hours will be charged on a pro rata basis. Consultation sessions cancelled less than 24 hours in advance of the scheduled time will be forfeited and charged except where (a) such cancellation is due to illness or relates to the life event(s) with respect to which You are using the Services; and/or (b) the consultation session is rescheduled within 7 days of the cancellation.

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Proprietary Rights

A. ApiaryLife has created and continues to develop proprietary methodology and techniques. You acknowledge that You have no right to or interest in Our design, content, features, graphics, data, software, functionality, processes, methods, techniques, lists, documents, templates, contact databases, research reports, notes and other similar materials (“Property”).  All rights not expressly granted within these Terms & Conditions are automatically reserved by ApiaryLife.

B. ApiaryLife shall retain all rights, title and interest in and to the Property, and all derivative works thereto, including, without limitation, any rights under any laws relating to copyrights, patents, inventions, trademarks, trade secrets and other proprietary rights, whether or not capable of being registered. Our Property shall not be copied, reproduced, used, sold, published, displayed, modified or distributed for any purpose by You, other than as expressly authorized in these Terms & Conditions. No license to sell or distribute Our Property is granted or implied. You agree that any materials provided by Us to You are solely for Your own personal use. Any disclosure of such materials to any third party by You is strictly prohibited.  Our Property is protected by copyright, trademark and other laws of the United States, United Kingdom and other countries globally.  Our Property may not be used in connection with any product or service without Our prior written consent.

C. Subject to Your compliance with the Terms & Conditions contained herein, ApiaryLife grants to You, and You accept, a personal, non-exclusive, non-commercial, non- transferable, limited and fully revocable license to use the Services and the content provided on this Platform / App, solely for Your non-commercial use and strictly in accordance with the Terms & Conditions. All rights not expressly granted to You under the Agreement are reserved by ApiaryLife and nothing within these terms constitutes a waiver of ApiaryLife’s Property rights under any law.

D. We may from time to time utilize User feedback, comments or suggestions to ApiaryLife regarding the Platform/App or the Services.  ApiaryLife shall retain an exclusive, worldwide, perpetual license to incorporate this feedback into any of Our current or future products, technologies or services and use this feedback for any purposes without Your approval and without compensation to You.

E. When using Our ApiaryLife Platform/App You agree that all information and content which You enter or upload (“Inputs”) shall be owned by You and any information and content You receive from the Platform/App or from the Expert Support (“Outputs”) is owned by Us to the fullest extent possible under the law.  You also grant Us a global, non-exclusive, irrevocable, perpetual, royalty free, license to use, store, reproduce, use, modify, create and publish works derived from the Inputs for the purposes of operating, providing, improving, troubleshooting, and developing, protecting and customizing our Services and for developing new services or features. ApiaryLife does not control, verify, or endorse Inputs or Outputs. You are responsible for all of Your Inputs, and for checking the accuracy and relevance of any Outputs received.

Term, Termination, Suspension and Cancelling Services

A. These Terms & Conditions will commence on the date that You initially set up your User account.

B. The Agreement is effective until termination by You or by Us.  If Your access to the Services is governed by a separate agreement between Us and Your Employer or other associated third party, then Your access may also be terminated by the cancellation or termination of the master agreement governing Your access to the Services.

C. The Provider/User relationship may otherwise be terminated by You at any time and at Your election. In the event of a termination by You, Your package of time will be forfeited. All provisions of the Terms & Conditions that by their nature should survive closure of Your account or termination of the Agreement shall do so including, but not limited to, ownership provisions, property, indemnity, feedback and limitations on liability.  If you wish to cancel Your account, please email contactus@apiary.life.  Your account will be terminated within a reasonable period following Your request.  You understand that termination of the Services may involve the deletion of Your information and content in your account and that You will no longer be able to access the Services from the date that Your account is terminated.  Cancelling Your account may cause the loss of certain information that You have provided to Us.  You agree that ApiaryLife is not liable for any loss of data due to the termination or cancellation of Your account.

D. We may suspend or terminate Your account and restrict or bar access to the Services at any time and without prior notice or liability, for any reason including but not limited to a breach of these Terms & Conditions, if We are required to do so by law, or if a separate agreement between Your employer and Us ends or is materially amended.  You agree that all terminations shall be at Our sole discretion and that we shall not be liable to You or any third party for compensation, reimbursement or damages in connection with Your use of the Services or for any termination of Your User account.

E. The Provider will retain personal data belonging to You in physical and electronic form for a maximum period of six months or as otherwise agreed in correspondence.  Thereafter, it will be destroyed / deleted save for some basic information, which will usually include Your name and address and a brief description of the matter We were contacted about.  Please refer to the Privacy Notice on Our website for further information.

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Privacy and Confidentiality

A. We operate the Services under Our Privacy Policy.  Please review Our Privacy Policy which is hereby incorporated into this Agreement and forms part of the Agreement.  The Privacy Policy may be updated from time to time and the most recent version will be published on Our website.

B. In order to use the Services, You acknowledge and agree that You may be required to provide ApiaryLife with certain information, including Your personal and financial information, records and specifications. You expressly acknowledge and agree that in order for Us to provide the Services, We may need to have access to and utilize this information. The Provider agrees to keep secret and not to disclose and not to convey any of the aforesaid, directly or indirectly, or use any of it in any manner, either during the term of this engagement or at any time thereafter, except as directed by You. All files, records, documents, blueprints, specifications, information, letters, and similar items relating to You, whether prepared by the Provider or otherwise coming into its possession, shall remain Your exclusive property. The Provider shall not retain any copies of the foregoing without Your prior written permission, including deleting all such copies from Your electronic files, electronic storage and/or emails. Upon request, upon the termination of Our engagement with You, or whenever requested by You, the Provider shall immediately deliver to You all such files, records, documents, specifications, information and other items in Our possession or under Our control.  The Provider may retain non identifiable information gathered within the course of the term of the engagement for training, monitoring and development purposes.

C. The information exchanged between You and the Provider is confidential except where You are knowingly committing a crime or endangering Your life or the safety and life of another individual or child, or except as otherwise required by law.

D. If the Provider believes there is clear and imminent danger to Your life and physical safety, or that of another, the Provider may need to disclose selected information in order to make appropriate and potentially life-saving interventions.

E. In highly unusual circumstances, legal requirements may demand that confidential material be revealed.

F. If You publicly make false and slanderous claims about the Provider’s work with You, the Services, or Our experts and employees with the intent to harm the Provider, personally and professionally, the Provider shall be at liberty to respond publicly to those false charges in order to protect Our personal and professional reputation.

G. In certain circumstances and if required by local tax legislation, You consent to Your name being provided to Your employer for the purposes of complying with such legislation, as referenced further below.

H. Subject to our Privacy Policy, You hereby grant ApiaryLife a perpetual, worldwide, irrevocable, royalty-free right to use Your information, in order to perform and improve upon the Services.

I.  You acknowledge and agree that You are responsible for maintaining the confidentiality of Your account and password including but not limited to the restriction of access to Your account, computer and mobile device. You agree to accept responsibility for any and all activities or actions that occur under Your account, including in relation to your invitation to any collaborators that You invite to join Your account. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information and be sure to exit or log out from the platform at the end of each session. You may not assign or transfer your rights under Your account without Our prior written consent. You must notify Us immediately of any unauthorized use of Your account or any other breach of security, and in such event You must change your password immediately via the settings on the Platform/ in the App.  We cannot and will not be liable for any loss or damage arising from any failure of Yours to comply with these Terms & Conditions. 

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Client Representations

A. You hereby confirm and guarantee not to instruct the Provider to carry out any Services which are contrary to any order of the court, or any other binding agreement whatsoever entered into by You. In the event that such an instruction is given by You to Us, You accept that no liability whatsoever will attach to the Provider or its officers, shareholders, employees, contractors, agents or representatives.

B. Dependent on the tax treatment of the Services in your location, our services may be considered to be a Benefit in Kind for tax purposes.  In such circumstances, we may be required to provide your name and the cost of the package of support allocated to you to your employer to allow the tax obligation to be accurately allocated.  You hereby acknowledge and consent to this information being provided to your employer.  The reason for your use of the Services will remain confidential.  

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General Disclaimers

You understand, agree and accept that the Services are provided “as is” and “as available” and ApiaryLife specifically disclaims any representations or warranties expressed or implied, including, without limitation, any representations or warranties of merchantability, fitness for any particular purpose and non-infringement.   ApiaryLife does not make any representations regarding (a) the uninterrupted access, security, reliability, quality or availability of the Platform, App or Services at any particular time or location; (b) that the Services will be error free or that any errors or defects will be corrected; (c) the use or the results of use of the content, and materials made available through the Platform, App and the Services, including without limitation the availability, use, or results of the Services provided through Expert Support.

Our Platform is intended for informational purposes only.  Whilst We endeavor to provide accurate and reliable results, We cannot guarantee the accuracy or completeness of the information available on Our Platform or whether it reflects current advice. You understand, agree and accept that the information on Our Platform is not intended and should not be construed to be a replacement for legal, financial, tax, medical or therapeutic advice and is intended to be a helpful guide and starting point only.  You should always seek advice from the appropriately qualified professional.  

Certain articles and other resources and content on Our Platform/App offer links to permit the User to leave the Platform/App and enter sites or services which are not provided by ApiaryLife. These linked sites and services are not under the control of ApiaryLife, and You agree that ApiaryLife is not responsible for the availability of such external sites or services. You acknowledge, agree and confirm that ApiaryLife is not responsible or liable for, any content on or available from such linked sites and services. Your access to, use of and reliance upon any such sites, services and content and Your dealings with such third parties are at Your sole risk and expense.  You further acknowledge and agree that ApiaryLife shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any services, content, products or other materials available on or through such linked sites or resources. Most of these linked sites and services provide their own legal documents, including terms of use and privacy policies, governing the use thereof. It is always advisable, and We encourage You, to read such documents carefully before using those sites and services.

ApiaryLife may make improvements or changes to the Services and the content of the Platform at any time without prior notice.  We may pause or interrupt the Services at any time and periodic downtime for necessary updates to the Platform or the Services should be expected.  We are not responsible for consequences to You or others that may result from technical problems (including in relation to connection problems associated with the internet).

ApiaryLife is not responsible and has no liability for any item or service provided by any person or entity other than ApiaryLife.  

You agree that the use of the Platform/App and the Services is entirely at Your own risk.

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Artificial Intelligence

We utilize Artificial Intelligence (“AI”) technologies to enhance and improve our Services. This clause outlines how AI is used within our Services and the implications for You. We employ AI technologies for various purposes, including but not limited to personalizing user experiences, improving service efficiency and effectiveness, analyzing user interactions to enhance service quality, streamlining and automating routine tasks and providing smart recommendations and detecting and preventing fraudulent activities. You can contact us to obtain more information about how AI is used to enhance our Services.

The AI technologies we use may collect and process your personal data. This data is used to train and improve our AI models, to provide you with personalized content and recommendations and to monitor and analyze usage patterns to enhance service delivery.  

By using our Services, you consent to the collection, processing, and use of your data by our AI technologies as described in this clause and our Privacy Policy.  You acknowledge and agree that the AI technologies may make automated decisions based on your data to provide you with tailored services.

We are committed to ensuring the security and privacy of your data. All data processed by our AI technologies is handled in accordance with applicable data protection laws and our Privacy Policy. We implement robust security measures to protect your data from unauthorized access, disclosure, alteration, or destruction. We are accountable for the performance and outcomes of our AI technologies and will address any concerns or issues that may arise from their use.

You have the right to request access to the data processed by our AI technologies, request corrections to any inaccuracies in your data or withdraw your consent to the use of AI technologies, subject to the limitations and conditions outlined in our Privacy Policy.

We reserve the right to amend this clause to reflect changes in technology, law, or our business operations. Any changes will be communicated to you through updates to our Terms & Conditions.  If you have any questions or concerns regarding the use of AI in our Services, please contact us at contactus@apiary.life.

By the continued use of our Services, you acknowledge that you have read, understood, and agreed to this clause on the use of AI.

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Specific Disclaimers

A. You understand that the Provider is not acting in the capacity of a counsellor, therapist, psychologist, mental health specialist or provider, or social worker. All consultation sessions are designed to focus on taking the actions to help You accomplish the goals You define. You accept responsibility regarding Your mental wellbeing throughout the engagement.

B. You understand that the Provider is not acting in the capacity of an attorney, solicitor or lawyer and cannot provide formal advice on legal rights or issues. You accept responsibility regarding any legal matters throughout Your engagement with Us.

C. You understand that the Provider is not acting in the capacity of a Certified Public Accountant or licensed financial advisor and cannot advise on financial issues and/or tax matters. You accept responsibility regarding any financial/tax matters throughout Your engagement with Us.

D. You understand that the Provider does not provide medical or safeguarding emergency services.  Always consult with the appropriate professional if You have any questions or concerns about Your health and safety.  If You have any immediate concerns relating to Your safety or wellbeing, then contact Your local emergency services without delay.

E. You acknowledge and agree that the use of the Services is at Your own risk. You understand that because of the nature and extent of the Services, the results experienced by each user may significantly vary and there is no guarantee of any results through participation in the Services.

F. You accept that the Provider, by carrying out the Services on Your behalf, is not accepting any liability to comply with the terms of any court order. You accept that the obligations placed upon You by any court order or otherwise, remain Your responsibility at all times. The Provider and its principals, employees, agents, contractors and suppliers will not be responsible for any failure by You to comply with any order of the court, or of any other binding agreement whatsoever entered into by You.

G. ApiaryLife and the ApiaryLife experts may give information or guidance to You in relation to professionals that You may wish to consult in relation to Your life event (including, but not limited to, lawyers, accountants, therapists and medical professionals). ApiaryLife accepts no responsibility for the advice provided by these associated professionals.

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Limitation of Liability

You acknowledge, accept and agree that We are only willing to provide the Services to You if You agree to certain limitations of Our liability to You and third parties.  

In no event shall ApiaryLife, including our experts, be liable for any damages whatsoever, including but not limited to: direct, indirect, special, punitive, exemplary, incidental or consequential damages of any kind resulting from or arising out of (i) the use or inability to use the Services, (ii) the failure of the Services to perform as described or expected, (iii) any unauthorized access to, use of or other security intrusions regarding the data processed by us as part of providing the Services, (iv) the performance or Our failure to perform Our duties under these Terms; and (v) any other act or omission of ApiaryLife or Our experts by any other cause whatsoever.

We are not responsible for events outside Our control. If Our provision of the Services or support for the Platform/App or the Services is delayed by an event outside Our control then We will take steps to minimize the effect of the delay. Provided We do this, We will not be liable for delays caused by the event but if there is a risk of substantial delay You may contact Us to end Your engagement with Us.

ApiaryLife will not otherwise be liable for any damages or loss incurred by You or any other person as a result of or in connection with your use of the Services.  For the avoidance of doubt, You hereby agree that ApiaryLife is not liable for any recommendations its Experts provide to You.

Our Services are provided without any express or implied warranties of any kind, including, but not limited to, title, merchantability, fitness for a particular purpose, non-infringement or course of performance. We do not guarantee the accuracy, completeness, or usefulness of the information provided through the Services. We do not represent or warrant that we will maintain backups of any data processed by us as part of providing the Services, and as such, you are solely responsible for backing up such data.  

All content prepared on the basis of information that You provide to ApiaryLife is not verified by Us and does not bind Us in any form.

We reserve our right to refuse provision of the Services to anyone, for any reason or for no reason, all subject to applicable law.

In any case, without limiting the generality of the foregoing and to the maximum extent legally permissible, in the event that ApiaryLife is found liable for damages arising out of Your use of the Services; in calculating Our maximum aggregate liability for any threat, claim, suit, damage, injury, loss, cost and expense claimed by You, Your recovery is limited to the amount You actually paid to ApiaryLife.  If Your access to the Services is funded by Your employer or associated third party, then Your recovery is limited to the amount that Your employer or associated third party paid for the provision of Your use of the Services, including any pro-rated element of the Platform fee.  The liability of the Provider’s principals, employees, agents, contractors and suppliers as well as Your employer or any other third party responsible for paying Our Fees is also limited to the Fee paid by You.   You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from us or from Our experts and representatives.

Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

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Disclaimer of Warranties

To the fullest extent legally permissible, the Services are provided on an “as-is” and “as available” basis, and We disclaim all warranties of any kind, express, implied or statutory, relating to the Services.  

The Services are provided for informational purposes only and should never be construed or be used as a substitute for legal, tax, financial, health or other professional advice. Laws differ dependent on your location, and we cannot guarantee the accuracy of this information for your particular situation. You should consult an experienced lawyer, tax professional, financial advisor or health professional concerning your specific situation. We do not assume any responsibility for any loss or damages incurred because of, or in connection with, the use of the Services or any decision made, or action taken or not taken in reliance on the Services. We do not guarantee that any of Your needs will be fulfilled.

We do not warrant that (i) the use and operation of the Platform and/or the App will be secure, timely, accurate, complete, uninterrupted, without errors, or free of viruses, defects, harmful components or other program limitations, (ii) We will correct any errors or defects on the Platform and/or the App, (iii) the Platform and/or the App will be interoperable or compatible with your device, other software, hardware, or any equipment. We do not make any representation regarding the use, inability to use or operate, or the results of the use of the Platform and/or the App (including that the results will meet your requirements).

We disclaim all warranties and conditions regarding the use of the Platform and/or the App, including but not limited to the availability, reliability or quality of the Platform and/or the App, and are not and shall not be responsible for any error, fault or mistake related to any information displayed therein.

We are not responsible for any consequences to you or others that may result from technical problems (including without limitation in connection with the internet, such as slow connections, traffic congestion, overload of servers, delays or interruptions) or any telecommunications or internet providers.

You agree that the use of the Services is entirely at your own risk.

You may have additional consumer rights under your local laws that this agreement cannot change. Inasmuch as some jurisdictions do not allow the exclusions or limitations as set forth herein, the full extent of the above exclusions and limitations may not apply.

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Effect of Headings

The subject headings of the paragraphs and subparagraphs of these Terms & Conditions are included for convenience only and shall not affect the construction or interpretation of any of the Agreement’s provisions.

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Modification and Waiver

We are constantly trying to improve Our Services, so We reserve the right to modify the Services at any time, without notice to You.  We may also from time to time amend these Terms & Conditions.  If We do so, we will notify You by posting on our Platform/App without prior notice to You.  You agree that Your continued use of the Services constitutes Your acceptance of the amended Agreement.  If You do not agree to any amended Agreement that we publish then You must cease using the Services.  If You continue using the Services or any aspect of them after the change to the Terms & Conditions is effective, then You will be deemed to have accepted the amended Terms & Conditions.

From time to time, We may automatically update Our Platform/App and change the Services to improve performance, address security issues, enhance functionality, improve service or to reflect changes to Our operating system.  We may also ask You to update the Platform / App on Your device for these purposes.  If You choose not to install such updates or if You opt out of automatic updates then You may not be able to continue using the Platform / App and the Services.

These Terms & Conditions and the documents referred to in them constitutes the entire Agreement between Us and You with respect to the subject matter contained in these Terms & Conditions and supersede all previous and contemporaneous agreements, proposals, and communications, written or oral, related to that subject matter.  No amendments, modifications or waivers to these Terms & Conditions shall be valid unless in writing and accepted or signed by Us.

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Assignment

‍This Agreement is not assignable, transferable or sublicensable by You without Our prior written consent. We may assign or transfer this Agreement to a third party without Your consent and the Agreement will inure to the benefit of ApiaryLife, Our successors and assigns.

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Governing Law and Jurisdiction

This Agreement and all terms referred to within shall be construed in accordance with, and governed by, the laws of the State of New York, USA. The exclusive venue for any action, arbitration or other proceeding based on or arising out of this Agreement shall be New York County, New York, USA.

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Severability

If any term, provision, covenant or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, illegal or unenforceable, such provision shall be severed and shall be inoperative, and the remainder of this Agreement shall remain operative and binding, in full force and effect and shall in no way be affected, impaired or invalidated.

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Marketing Communications

By creating an account with ApiaryLife, providing your contact information to Us and signing these Terms & Conditions, You consent to receive marketing communications from Us. These communications may include newsletters, promotional offers, and updates about Our products and the Services.  Our marketing communications will include information about our latest products, services, offers, and other promotional content that we believe may be of interest to You.  

You have the right to withdraw your consent at any time by following the unsubscribe instructions included in each marketing email or by contacting us directly at contactus@apiary.life.  Please note that even if you opt out of marketing emails, you may still receive non-promotional emails related to your account or transactions with us.

We are committed to protecting your privacy and ensuring that your personal data is handled in accordance with applicable data protection laws. For more information on how we collect, use, and protect your personal information, please refer to our Privacy Policy.

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Complaints

You can give Us feedback on Our services by completing Our anonymous user feedback forms or by emailing Us at contactus@apiary.life.  If You need to complain about Our Services, We would like to resolve Your concerns as soon as possible.  Please tell Us about Your complaint as soon as You can, providing Us with as much details as possible, so that We can respond promptly. We ask for Your prompt cooperation in seeking to resolve Our differences quickly.  We will tell You the outcome of Our investigation into Your complaint and give You the chance to discuss it with Us.  If We have done something wrong, We will apologize to You and seek an amicable resolution.

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Arbitration

In the event of a dispute, claim, question or disagreement between Us and You, the Provider and the User will seek to resolve the dispute through negotiation in good faith. Having sought to resolve the dispute through negotiation and no resolution having been reached after 60 days, the dispute shall be referred to and finally resolved by arbitration.

Any notice to ApiaryLife should be addressed to Apiary Life LLC c/o Mathey and Stern, 155 Water Street #3-22, Brooklyn, NY 11201.

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Contact

If You have any questions about these Terms & Conditions, please contact Us at contactus@apiary.life.  

ACCEPTANCE

BY ACCEPTING THESE TERMS AND CONDITIONS YOU EXPRESSLY AGREE AND AFFIRM THAT YOU HAVE READ AND UNDERSTOOD THE FOREGOING TERMS OF SERVICE AND PRIVACY POLICY AND AGREE THAT YOUR USE OF THE SERVICE IS AN ACKNOWLEDGMENT OF YOUR AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT.

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