Terms of Use
These Terms of Use (“Terms”) govern your access to and use of any app published by Everything But The Name LLC (“EBTN”, “we”, “us”, or “our”), including Baud, and any associated websites (collectively, the “Service”). By downloading, installing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
This document covers the legal terms of using the Service. For information on what data we collect and how we handle it, see our Privacy Policy, which is incorporated into these Terms by reference.
1. Description of Service
Baud is a push notification app that monitors publicly available news and data sources and alerts subscribers when events they choose to follow occur. No account or sign-up is required to use the core service.
2. AI-Generated and AI-Assisted Content
Some notification content is produced with the help of AI language models that analyze candidate news and data sources and draft summary text. Many topics are reviewed by a human before a notification is sent; some time-sensitive or fully automated topics (for example, scheduled data checks against a public feed, such as earthquake magnitude thresholds or lottery jackpot amounts) may be delivered automatically without human review, using deterministic logic rather than AI judgment. Regardless of how a notification was produced, content is provided for informational purposes only and is not a substitute for official or professional sources. We make reasonable efforts to keep notification content accurate and correctly sourced, but we do not guarantee the accuracy, completeness, or timeliness of any notification, and AI-assisted analysis can occasionally misinterpret or mischaracterize a source. Always verify anything important against the original source before relying on it.
3. Eligibility
The Service is not directed at children and is not intended for use by anyone under 13 years of age (or under 16 in the EU/EEA, where applicable). By using the Service, you represent that you meet this age requirement. See our Privacy Policy for more on how we handle this.
4. Acceptable Use
You agree to use the Service only for lawful purposes. You may not:
- Reverse engineer, decompile, or disassemble any part of the Service, except to the extent applicable law expressly permits this despite the restriction;
- Circumvent, disable, or otherwise interfere with any security-related feature of the Service;
- Use the Service to violate any applicable law or the rights of any third party;
- Access the Service through any means other than the interfaces we provide (e.g. automated scraping of notification content at scale).
5. Intellectual Property
The Service, including its software, design, branding, and original written content (but excluding third-party news content we index or summarize, which remains the property of its original publishers), is owned by EBTN or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for its intended personal purpose. You may not copy, modify, distribute, sell, or lease any part of the Service, nor reverse engineer or attempt to extract its source code, except as permitted by law.
6. Purchases, Subscriptions, and Service Discontinuation
Subscriptions. Auto-renewable subscription fees, where offered, are billed through Apple and are subject to Apple’s standard refund policies. Cancelling a subscription stops future billing and removes access to subscription features at the end of the current billing period.
“Lifetime” or permanent-access purchases. If we offer any one-time purchase granting long-term or permanent access, that access is granted for the operational lifetime of the Service — meaning for as long as the app remains available and actively maintained by EBTN. It is not a guarantee of perpetual access regardless of business circumstances, and does not create an ongoing obligation to maintain or operate the Service indefinitely.
Service discontinuation. We reserve the right to discontinue, suspend, or materially modify the Service or any of its features at any time, with or without notice, for any reason including but not limited to business, technical, or legal considerations. In the event of discontinuation, no refunds will be issued for any prior purchases, subscriptions, or other payments made, to the fullest extent permitted by applicable law. By making any purchase, you expressly acknowledge and accept this risk.
No warranties on purchases. All purchases are made on an “as is, as available” basis. We make no warranty that the Service will be available uninterrupted or error-free, and we expressly disclaim any implied warranty of fitness for a particular purpose or merchantability.
7. Disclaimer of Warranties
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that notifications will be delivered promptly, at all, or free of error — delivery can be affected by network conditions, device settings (e.g. Focus modes, notification permissions), or third-party service outages (e.g. Apple’s push notification service or our notification-delivery provider) outside our control.
8. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, EBTN AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, ARISING OUT OF YOUR USE OF (OR INABILITY TO USE) THE SERVICE, INCLUDING WITHOUT LIMITATION ANY MISSED, DELAYED, OR INACCURATE NOTIFICATION. TO THE EXTENT ANY LIABILITY IS NOT VALIDLY DISCLAIMED, EBTN’S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) $20 USD. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Indemnification
You agree to indemnify and hold harmless EBTN and its officers, employees, and agents from any claim, demand, loss, or damage, including reasonable attorneys’ fees, arising out of your use of the Service or your violation of these Terms.
10. Dispute Resolution — Binding Arbitration and Class Action Waiver
Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court and to participate in a class action.
Agreement to arbitrate. You and EBTN agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”) will be resolved through binding individual arbitration, rather than in court, except that either party may bring an individual claim in small claims court if it qualifies.
Class action waiver. YOU AND EBTN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and EBTN agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a class or representative proceeding.
Arbitration procedure. Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and will be conducted by a single arbitrator. Arbitration may be conducted remotely (by phone, videoconference, or written submission) at the option of the party seeking relief, unless the arbitrator determines an in-person hearing is necessary. Each party is responsible for its own attorneys’ fees unless the arbitrator determines a claim was frivolous, or applicable law provides otherwise.
Right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing privacy@everythingbutthename.com with the subject line “Arbitration Opt-Out” and your device identifier or account email if applicable. If you opt out, neither you nor EBTN will be bound by the arbitration provisions in this section for that dispute.
Severability. If the class action waiver above is found unenforceable for a particular Dispute, then the agreement to arbitrate will not apply to that Dispute, and it must instead be brought in a court of competent jurisdiction, but the remainder of this arbitration section will still apply to all other Disputes.
11. Copyright / DMCA Notice-and-Takedown
We respect the intellectual property rights of others. If you believe content accessible through the Service infringes your copyright, you may send a notice containing:
- A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material claimed to be infringing and information reasonably sufficient to locate it within the Service;
- Your contact information (address, phone number, and email);
- A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.
Send notices to privacy@everythingbutthename.com. We will respond to properly submitted notices in accordance with the Digital Millennium Copyright Act.
12. Termination
You may stop using the Service at any time by deleting the app. We may suspend or terminate your access to the Service if we reasonably believe you have violated these Terms. Sections of these Terms that by their nature should survive termination (including intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.
13. Governing Law
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles, except to the extent superseded by the arbitration procedures described above. For any Dispute not subject to arbitration (such as a small claims action), the parties consent to the exclusive jurisdiction of the state and federal courts located in Delaware.
14. Changes to These Terms
We may update these Terms from time to time. When we do, we will revise the “Last updated” date at the top of this page. For material changes, we will notify you within the app when possible. Continued use of the Service after a change constitutes acceptance of the updated Terms.