PLEASE READ THESE TERMS CAREFULLY. SECTION 16 INCLUDES A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER AND SECTION 18 INCLUDES A CLASS ACTION WAIVER, WHICH AFFECT HOW DISPUTES ARE RESOLVED.
1. Acceptance of Terms; Modifications
These Terms of Service (the “Terms”) are a binding legal agreement between you and We Are Persist For You, Inc., doing business as “Better Share,” a company incorporated under the laws of Delaware (“Better Share,” “we,” “us,” and “our”). The Terms govern your use of our software application, content, and related services (collectively, the “Better Share Service” or the “Service”), accessible via our website at https://www.bettershareapp.com and our mobile applications.
Our other policies applicable to your use of the Better Share Service, including our Privacy Policy, are incorporated by reference into these Terms. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR BY ACCESSING OR USING THE BETTER SHARE SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM AND YOU DO NOT HAVE THE RIGHT TO USE THE BETTER SHARE SERVICE.
We may change these Terms from time to time. Changes will be effective when we post the modified Terms on the Better Share Service, unless otherwise required by applicable law. Your continued access and use of the Service after we post modified Terms constitutes your consent to be bound by them.
2. The Better Share Service
2.1 Nature of the Service.
Better Share is a relationship and household management application that helps couples assess and communicate about shared care responsibilities. The Service provides tools for tracking, discussing, and improving how household and care labor is distributed between partners, including access to the CareLoad Assessment and related features. Better Share may also offer one-to-many educational video content featuring credentialed contributors; this content is informational in nature and is not individualized coaching or therapy.
We may introduce additional features or services over time. Any such additions will be governed by these Terms unless we notify you otherwise.
2.2 Better Share Does Not Provide Therapy or Counseling.
Better Share is a software product designed to support household communication and shared responsibility. Better Share does not provide relationship counseling, individual therapy, mental health treatment, or any clinical services. The information, assessments, and content available through the Service are intended for informational and organizational purposes only and are not a substitute for professional mental health care, couples therapy, or individual counseling. If you are experiencing a mental health crisis or relationship distress requiring professional support, we encourage you to seek qualified care from a licensed professional.
The fact that Better Share’s educational content may be produced or reviewed by individuals with professional credentials does not change the nature of the Service or create a therapeutic relationship between you and Better Share or any of its contributors.
2.3 Care Load Assessment.
The Care Load Assessment and any other assessments available through the Service are informational tools designed to help users reflect on and discuss household labor and care responsibilities. Assessment results are not clinical diagnoses, psychological evaluations, or professional recommendations. They are intended to facilitate conversation and self-reflection between partners. Better Share makes no representations that assessment results are scientifically validated diagnostic instruments, and results should not be relied upon as such.
2.4 Shared Household Features.
The Better Share Service allows two users to connect their accounts into a single shared household profile by one user inviting a partner to join. Content that is designated as shared — including comments, messages, and task data exchanged between household members — is clearly labeled within the Service and is visible to both members of the household. You acknowledge that any content you contribute to a shared household space may be seen by your partner.
Better Share facilitates communication between household members but is not responsible for the nature or content of the communications exchanged between users. Each user is solely responsible for the content they contribute to shared household spaces.
3. Certification of Compliance with Applicable Law
By accessing and using the Better Share Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Better Share Service.
You acknowledge that Better Share is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. Use of the Better Share Service; Suspension
4.1 Your Conduct on the Better Share Service.
When you use the Better Share Service, you agree:
4.2 Suspension and Termination.
We have no obligation to provide the Better Share Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Service: (1) if in our discretion your conduct is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Better Share or its users. You may suspend or terminate your use of the Service at any time and for any reason. If you wish to deactivate your account, please contact us at help@bettershareapp.com. Outstanding payment obligations survive suspension or termination of your account.
5. Registration; Account Security
To use certain aspects of the Better Share Service, you will be required to create a username, password, and user profile. You agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
6. Privacy
Our collection and use of your personal information is described in our Privacy Policy, available at www.bettershareapp.com. By accessing or using the Better Share Service, you acknowledge that you have read and understand the Privacy Policy.
7. Your Content
7.1 Your Content.
We may require or allow you to submit or upload text, photographs, images, information, and other materials to your profile or household space on the Better Share Service or in connection with promotional campaigns we conduct (collectively, “Your Content”).
7.2 License.
Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, to the maximum extent and duration permitted under applicable law, you grant Better Share an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and distribute Your Content in connection with providing and promoting the Better Share Service, and to sublicense these rights to third parties.
7.3 Release.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive and release Better Share and its users from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2.
7.4 Your Representations and Warranties.
You represent and warrant that (1) you are the owner or licensor of Your Content and have all rights necessary to grant the license in Section 7.2 and make the release in Section 7.3; (2) you have any necessary consents from individuals who appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content.
Though we are not obligated to do so, we reserve the right to monitor, screen, edit, and/or remove Your Content on the Better Share Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
8. Phone, Text and Mobile Communications
8.1 Consent to Communications.
This section applies only to users in the United States. You consent to receive from or on behalf of Better Share communications containing service information (including technical notices, updates, security alerts, and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, and other electronic means, at any phone number or email address you provide, even if your phone number is on the national or any state’s do-not-call registry. Your carrier’s normal messaging, data, and other rates and fees may apply. You are not required to provide this consent as a condition of purchasing anything or using the Better Share Service, and you may opt out of marketing messages at any time as described in our Privacy Policy.
8.2 Phone Number or Email Changes.
If you deactivate or lose access to a phone number or email address provided to us, you agree to update your Better Share account promptly, or contact help@bettershareapp.com, to ensure that messages are not sent to someone who acquires your old contact information.
9. Fees & Payment
9.1 Currency.
All fees and other payments referenced on or charged through the Better Share Service are listed and payable in local currency.
9.2 Subscription Plans.
Better Share offers paid subscription plans on a monthly or annual basis. Access to the CareLoad Assessment is available free of charge. Paid subscription features are available upon purchase of a subscription plan. Current base pricing is $14.99 per month or $149.00 per year, though actual pricing may vary based on your traffic source, applicable promotional codes, or other offers made available to you at the time of sign-up. The price presented to you at checkout is the price you will be charged. There is no free trial period.
By subscribing, you authorize Better Share to charge your payment method on a recurring basis at the applicable subscription rate until you cancel. You will be billed at the start of each billing period.
9.3 Payment Processing.
Payments for the Better Share Service are processed through Paddle, our third-party payment services provider and vendor of record. By purchasing a subscription, you agree to abide by Paddle’s terms and conditions. Better Share does not store or have direct access to your full payment card details. All payment transactions are processed and stored by Paddle. Upon successful payment, you will receive a transaction confirmation by email or through the app. We take the security of your payment information seriously; however, no method of transmission over the Internet is 100% secure.
9.4 Cancellations.
You may cancel your subscription at any time. To prevent your next billing cycle from being charged, your cancellation must be completed before your next renewal date. You can cancel your subscription directly within the app or by contacting us at help@bettershareapp.com. Upon cancellation, your access to paid features will continue until the end of your current billing period, after which it will not renew. Cancellation does not automatically entitle you to a refund for the current billing period; please see Section 9.5 regarding refunds.
9.5 Refunds.
Payments are processed by Paddle, our authorized reseller and payment processor. Paddle's Refund Policy (paddle.com/legal/refund-policy) applies to all transactions in addition to the terms below.
Better Share does not offer automatic refunds, including for partial subscription periods. However, refund requests submitted within 14 days of your transaction date will be reviewed on a case-by-base basis. We consider each situation individually, including the nature of your request, your account usage, and the circumstances you describe. We're a real team of people who will do our best to reach a fair outcome. To submit a request, contact us at help@bettershareapp.com.
Please note: if you subscribed using a promotional code, any refund issued will reflect the amount you actually paid. If you are a consumer in the EU, EEA, or UK, statutory withdrawal rights may apply. Please refer to Paddle's Refund Policy and Section 17 of these Terms.
9.6 Taxes.
Except where Better Share is required to collect taxes, you acknowledge that you are solely responsible for any applicable taxes that arise as a result of your purchase or use of the Better Share Service, including any form of sales tax or VAT. Paddle, as vendor of record, may collect and remit applicable taxes on transactions where required by law.
10. Copyright Infringement
Better Share follows the procedures of the Digital Millennium Copyright Act. It is our policy, in appropriate circumstances, to deactivate or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or intellectual property rights.
If you believe in good faith that your copyrighted work has been infringed by content on the Better Share Service, please provide our designated copyright agent with a written notice that includes:
Our agent for notice of copyright infringement can be reached at:
Better Share
Attention: Copyright Notice
help@bettershareapp.com
11. Third Party Services and Links
The Better Share Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services available from such websites or resources. Links to third-party websites do not imply any endorsement by Better Share. You assume all risk arising from your use of any such websites or resources.
12. Indemnity
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BETTER SHARE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) BREACH OF THESE TERMS; (2) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW; OR (3) YOUR CONTENT. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
13. Intellectual Property
13.1 Better Share Service.
Better Share and its licensors retain all right, title, and interest in and to the Better Share Service, the technology and software used to provide it, all electronic documentation and content available through the Service (other than Your Content), and all related intellectual property and proprietary rights. Except for your rights to access and use the Service as set forth in these Terms, nothing herein licenses or conveys any of our intellectual property rights to you. You agree that we will have a perpetual right to use and incorporate into the Service any feedback or suggestions for improvement that you provide to us, without any obligation of compensation.
13.2 Proprietary Frameworks and Content.
The Better Share Service incorporates original frameworks and methodologies developed by Dr. Morgan Cutlip, PhD, for understanding and addressing mental load in relationships, as expressed through her courses, educational content, and body of work. This along with the Care Load Assessment and related tools such as: frameworks, methodologies, assessments, and content made available through the Service are proprietary and protected by applicable intellectual property laws.
Your use of the Service does not grant you any ownership interest in or license to these frameworks, assessments, or any other content beyond the limited right to access and use the Service as set forth in these Terms. You may not copy, reproduce, distribute, reverse engineer, or create derivative works based on any content, framework, or assessment available through the Service.
13.3 Prohibition on AI Training Use.
You agree not to use any content, assessments, outputs, or materials accessed through the Better Share Service to develop, train, fine-tune, or improve any artificial intelligence system, machine learning model, or automated tool.
13.4 Better Share Trademarks and Affiliate Use.
Better Share owns all rights in and to its trademarks, service marks, brand names, and logos (the “Better Share Marks”). We may, from time to time, enter into affiliate or co-marketing relationships with third parties. Where we do so, we may provide approved assets and guidelines for how our partners may promote the Better Share Service. Any use of the Better Share Marks by an affiliate or co-marketing partner is subject to a separate written agreement with Better Share and must conform to the guidelines we provide.
Absent a separate written agreement, no third party has the right to use the Better Share Marks in any manner. You agree that: (1) you have no ownership rights in the Better Share Marks; (2) all goodwill associated with use of the Better Share Marks inures solely to the benefit of Better Share; and (3) you will not adopt, register, or apply to register the Better Share Marks or any confusingly similar term as a business name, trade name, trademark, domain name, or social media handle.
14. Warranty Disclaimer
THE INFORMATION AND MATERIALS FOUND ON THE BETTER SHARE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTER SHARE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE SERVICE; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BETTER SHARE; OR (3) WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BETTER SHARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
15. Limitation of Liability
15.1 Exclusion of Certain Damages.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BETTER SHARE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY BUSINESS LOSSES, OR LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL, OR OTHER SIMILAR LOSSES OR EXPENSES THAT ARISE OUT OF OR RELATE TO THE USE OF OR INABILITY TO USE THE BETTER SHARE SERVICE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BETTER SHARE’S AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO BETTER SHARE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID BETTER SHARE FOR USE OF ANY SERVICES, $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
16. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, PLEASE SEE SECTION 17.
16.1 Arbitration Agreement; Claims.
Unless you opt out in accordance with Section 16.9 below, you and Better Share (together, the “Parties”) agree that any and all disputes or claims arising between you and Better Share relating to the Better Share Service or these Terms (including any alleged breach) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Better Share arising out of or related to a violation of Section 4.1, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property or emergency injunctive relief based on exigent circumstances, and (4) claims that an arbitrator determines cannot be made subject to arbitration.
16.2 Agreement to Arbitrate.
Unless you opt out in accordance with Section 16.9, you and Better Share agree that all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, and your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
16.3 Prohibition of Class and Representative Actions.
YOU AND BETTER SHARE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BETTER SHARE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER BETTER SHARE USERS.
Disputes regarding the interpretation, applicability, or enforceability of this Section 16.3 may be resolved only by a court and not by an arbitrator.
16.4 Pre-Arbitration Dispute Resolution.
Our preference is always to resolve complaints amicably and efficiently, without the need for arbitration. Before commencing arbitration, you must first contact us in writing at help@bettershareapp.com, describe your complaint in detail, and give us an opportunity to resolve it. Your written complaint must include your name, the email address associated with your account, a detailed description of the dispute, and the specific relief sought. If the issue is not resolved within 30 days after receipt of your written complaint, either party may initiate arbitration as specified in Section 16.5.
16.5 Arbitration Procedures.
US Disputes. For disputes arising in the US, arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (as modified by the JAMS Consumer Arbitration Minimum Standards in consumer arbitrations) in effect at the time a claim is made, currently available at https://www.jamsadr.com/rules-streamlined-arbitration and https://www.jamsadr.com/consumer-minimum-standards/.
Non-US Disputes. For non-US disputes, arbitration will be conducted in English by a neutral arbitrator in accordance with the applicable Rules of the International Center for Dispute Resolution, currently available at https://www.icdr.org.
In all cases, the arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitration will be held in the county in which you reside or at another mutually agreed location. Decisions by the arbitrator are binding and enforceable in court.
16.6 Costs of Arbitration.
Payment of all filing, administration, case management, and arbitrator fees will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including attorney fees, except that the arbitrator may award reasonable attorney’s fees to either party upon determining that a claim or defense is frivolous or brought for an improper purpose.
16.7 Confidentiality.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all Parties.
16.8 Severability.
If any term or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other provisions of this Section 16 will remain valid and enforceable, provided that if the class action waiver in Section 16.3 fails with respect to all claims in arbitration, then Section 16 will be unenforceable in its entirety.
16.9 Opt-Out Procedure.
You may reject your agreement to arbitration and your waiver of the right to bring or participate in class or representative actions by mailing us a written opt-out notice postmarked no later than 30 days after the date you first accept these Terms. You must mail the opt-out notice to: Better Share, Inc., Attn: Legal, 251 Little Falls Dr., Wilmington, DE 19808. The notice must state that you do not agree to the Arbitration Agreement and the class action waiver, and must include your name, address, phone number, and the email address used to register for the Better Share Service. You must sign the notice for it to be effective. This is the only way to opt out of the Arbitration Agreement.
16.10 Future Changes to This Arbitration Agreement.
If we make any change to this Arbitration Agreement (other than a change to any notice address or website link) in the future, that change will not apply to any claim that was filed in a legal proceeding against Better Share prior to the effective date of the change. If we remove the Arbitration Agreement from these Terms, such removal will not be effective until 30 days after the version of the Terms without the Arbitration Agreement is posted, and will not be effective as to any claim filed prior to the effective date of removal.
17. Governing Law and Jurisdiction
17.1 United States and Canada.
For users in the United States and Canada, these Terms and any dispute between you and Better Share will be governed by the laws of the State of New York and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 16. Unless you and we agree otherwise, any claim or dispute not subject to arbitration must be resolved exclusively by a state or federal court located in New York County, New York, and you and Better Share agree to submit to the personal jurisdiction of those courts.
17.2 European Economic Area and United Kingdom.
For users in the EEA and the United Kingdom, the laws of England shall govern these Terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection. Any dispute must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.
17.3 EU Online Dispute Resolution.
If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution options.
18. Class Action Waiver
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BETTER SHARE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER BETTER SHARE SERVICE USERS.
19. Force Majeure
Better Share shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar events.
20. Miscellaneous
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. The invalidity, illegality, or unenforceability of any term or provision of these Terms will not affect the validity, legality, or enforceability of any other term or provision. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace it with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable provision. These Terms will be binding on and inure to the benefit of the legal representatives, successors, and assigns of the parties. These Terms will continue to apply even after your relationship with Better Share ends.
Contact Us
Questions about these Terms? Please contact us at:
Better Share
Email: help@bettershareapp.com
Website: www.bettershareapp.com
1. Acceptance of Terms; Modifications
These Terms of Service (the “Terms”) are a binding legal agreement between you and We Are Persist For You, Inc., doing business as “Better Share,” a company incorporated under the laws of Delaware (“Better Share,” “we,” “us,” and “our”). The Terms govern your use of our software application, content, and related services (collectively, the “Better Share Service” or the “Service”), accessible via our website at https://www.bettershareapp.com and our mobile applications.
Our other policies applicable to your use of the Better Share Service, including our Privacy Policy, are incorporated by reference into these Terms. BY AGREEING TO THESE TERMS DURING THE ACCOUNT SIGN-UP PROCESS OR BY ACCESSING OR USING THE BETTER SHARE SERVICE, YOU ACCEPT THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM AND YOU DO NOT HAVE THE RIGHT TO USE THE BETTER SHARE SERVICE.
We may change these Terms from time to time. Changes will be effective when we post the modified Terms on the Better Share Service, unless otherwise required by applicable law. Your continued access and use of the Service after we post modified Terms constitutes your consent to be bound by them.
2. The Better Share Service
2.1 Nature of the Service.
Better Share is a relationship and household management application that helps couples assess and communicate about shared care responsibilities. The Service provides tools for tracking, discussing, and improving how household and care labor is distributed between partners, including access to the CareLoad Assessment and related features. Better Share may also offer one-to-many educational video content featuring credentialed contributors; this content is informational in nature and is not individualized coaching or therapy.
We may introduce additional features or services over time. Any such additions will be governed by these Terms unless we notify you otherwise.
2.2 Better Share Does Not Provide Therapy or Counseling.
Better Share is a software product designed to support household communication and shared responsibility. Better Share does not provide relationship counseling, individual therapy, mental health treatment, or any clinical services. The information, assessments, and content available through the Service are intended for informational and organizational purposes only and are not a substitute for professional mental health care, couples therapy, or individual counseling. If you are experiencing a mental health crisis or relationship distress requiring professional support, we encourage you to seek qualified care from a licensed professional.
The fact that Better Share’s educational content may be produced or reviewed by individuals with professional credentials does not change the nature of the Service or create a therapeutic relationship between you and Better Share or any of its contributors.
2.3 Care Load Assessment.
The Care Load Assessment and any other assessments available through the Service are informational tools designed to help users reflect on and discuss household labor and care responsibilities. Assessment results are not clinical diagnoses, psychological evaluations, or professional recommendations. They are intended to facilitate conversation and self-reflection between partners. Better Share makes no representations that assessment results are scientifically validated diagnostic instruments, and results should not be relied upon as such.
2.4 Shared Household Features.
The Better Share Service allows two users to connect their accounts into a single shared household profile by one user inviting a partner to join. Content that is designated as shared — including comments, messages, and task data exchanged between household members — is clearly labeled within the Service and is visible to both members of the household. You acknowledge that any content you contribute to a shared household space may be seen by your partner.
Better Share facilitates communication between household members but is not responsible for the nature or content of the communications exchanged between users. Each user is solely responsible for the content they contribute to shared household spaces.
3. Certification of Compliance with Applicable Law
By accessing and using the Better Share Service, you certify that you: (1) are at least 18 years of age or the age of majority in your jurisdiction, whichever is higher, and (2) will comply with all laws and regulations applicable to your activities conducted through, or related to, the Better Share Service.
You acknowledge that Better Share is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
4. Use of the Better Share Service; Suspension
4.1 Your Conduct on the Better Share Service.
When you use the Better Share Service, you agree:
- To use the Service only in a lawful manner and only for its intended purposes.
- Not to submit viruses or other malicious code to or through the Service.
- Not to use the Service for purposes that violate the law.
- Not to use the Service for purposes of competing with Better Share or to promote other products or services.
- Not to post content or materials that are pornographic, threatening, harassing, abusive, or defamatory, or that contain nudity or graphic violence, incite violence, violate intellectual property rights, or violate the law or the legal rights of others.
- Not to post “spam” or other unauthorized commercial communications.
- To use the Service only for your own purposes, and not to impersonate any other person.
- Not to transfer or authorize the use of your account by any other person, or to engage in fraudulent transactions.
- Not to provide false information in your profile or registration, or to create multiple or duplicate accounts.
- Not to interfere with our provision of, or any other user’s use of, the Service.
- Not to solicit another user’s username, password, or other sensitive personal information.
4.2 Suspension and Termination.
We have no obligation to provide the Better Share Service in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to suspend or terminate your access to the Service: (1) if in our discretion your conduct is inappropriate, unsafe, dishonest, or in breach of these Terms; or (2) if necessary in our discretion to protect Better Share or its users. You may suspend or terminate your use of the Service at any time and for any reason. If you wish to deactivate your account, please contact us at help@bettershareapp.com. Outstanding payment obligations survive suspension or termination of your account.
5. Registration; Account Security
To use certain aspects of the Better Share Service, you will be required to create a username, password, and user profile. You agree to provide accurate information about yourself and keep this information up-to-date. You agree not to impersonate anyone else and not to maintain more than one account. You are responsible for maintaining the confidentiality of your login credentials and for all activity under your account. You agree to notify us promptly of any unauthorized use of your account.
6. Privacy
Our collection and use of your personal information is described in our Privacy Policy, available at www.bettershareapp.com. By accessing or using the Better Share Service, you acknowledge that you have read and understand the Privacy Policy.
7. Your Content
7.1 Your Content.
We may require or allow you to submit or upload text, photographs, images, information, and other materials to your profile or household space on the Better Share Service or in connection with promotional campaigns we conduct (collectively, “Your Content”).
7.2 License.
Except for the limitations on our use and disclosure of personal information described in our Privacy Policy, to the maximum extent and duration permitted under applicable law, you grant Better Share an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and distribute Your Content in connection with providing and promoting the Better Share Service, and to sublicense these rights to third parties.
7.3 Release.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive and release Better Share and its users from any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2.
7.4 Your Representations and Warranties.
You represent and warrant that (1) you are the owner or licensor of Your Content and have all rights necessary to grant the license in Section 7.2 and make the release in Section 7.3; (2) you have any necessary consents from individuals who appear in Your Content; and (3) Your Content does not violate the law or these Terms.
7.5 Right to Remove or Screen Your Content.
Though we are not obligated to do so, we reserve the right to monitor, screen, edit, and/or remove Your Content on the Better Share Service. Our enforcement of these Terms with respect to Your Content is at our discretion, and failure to enforce the Terms in one instance does not create a waiver of our right to enforce them in another. We have no obligation to retain or provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
8. Phone, Text and Mobile Communications
8.1 Consent to Communications.
This section applies only to users in the United States. You consent to receive from or on behalf of Better Share communications containing service information (including technical notices, updates, security alerts, and support and administrative messages), and/or sales, marketing, or advertising messages, by autodialed, prerecorded, or artificial voice calls or SMS, text messages, email, and other electronic means, at any phone number or email address you provide, even if your phone number is on the national or any state’s do-not-call registry. Your carrier’s normal messaging, data, and other rates and fees may apply. You are not required to provide this consent as a condition of purchasing anything or using the Better Share Service, and you may opt out of marketing messages at any time as described in our Privacy Policy.
8.2 Phone Number or Email Changes.
If you deactivate or lose access to a phone number or email address provided to us, you agree to update your Better Share account promptly, or contact help@bettershareapp.com, to ensure that messages are not sent to someone who acquires your old contact information.
9. Fees & Payment
9.1 Currency.
All fees and other payments referenced on or charged through the Better Share Service are listed and payable in local currency.
9.2 Subscription Plans.
Better Share offers paid subscription plans on a monthly or annual basis. Access to the CareLoad Assessment is available free of charge. Paid subscription features are available upon purchase of a subscription plan. Current base pricing is $14.99 per month or $149.00 per year, though actual pricing may vary based on your traffic source, applicable promotional codes, or other offers made available to you at the time of sign-up. The price presented to you at checkout is the price you will be charged. There is no free trial period.
By subscribing, you authorize Better Share to charge your payment method on a recurring basis at the applicable subscription rate until you cancel. You will be billed at the start of each billing period.
9.3 Payment Processing.
Payments for the Better Share Service are processed through Paddle, our third-party payment services provider and vendor of record. By purchasing a subscription, you agree to abide by Paddle’s terms and conditions. Better Share does not store or have direct access to your full payment card details. All payment transactions are processed and stored by Paddle. Upon successful payment, you will receive a transaction confirmation by email or through the app. We take the security of your payment information seriously; however, no method of transmission over the Internet is 100% secure.
9.4 Cancellations.
You may cancel your subscription at any time. To prevent your next billing cycle from being charged, your cancellation must be completed before your next renewal date. You can cancel your subscription directly within the app or by contacting us at help@bettershareapp.com. Upon cancellation, your access to paid features will continue until the end of your current billing period, after which it will not renew. Cancellation does not automatically entitle you to a refund for the current billing period; please see Section 9.5 regarding refunds.
9.5 Refunds.
Payments are processed by Paddle, our authorized reseller and payment processor. Paddle's Refund Policy (paddle.com/legal/refund-policy) applies to all transactions in addition to the terms below.
Better Share does not offer automatic refunds, including for partial subscription periods. However, refund requests submitted within 14 days of your transaction date will be reviewed on a case-by-base basis. We consider each situation individually, including the nature of your request, your account usage, and the circumstances you describe. We're a real team of people who will do our best to reach a fair outcome. To submit a request, contact us at help@bettershareapp.com.
Please note: if you subscribed using a promotional code, any refund issued will reflect the amount you actually paid. If you are a consumer in the EU, EEA, or UK, statutory withdrawal rights may apply. Please refer to Paddle's Refund Policy and Section 17 of these Terms.
9.6 Taxes.
Except where Better Share is required to collect taxes, you acknowledge that you are solely responsible for any applicable taxes that arise as a result of your purchase or use of the Better Share Service, including any form of sales tax or VAT. Paddle, as vendor of record, may collect and remit applicable taxes on transactions where required by law.
10. Copyright Infringement
Better Share follows the procedures of the Digital Millennium Copyright Act. It is our policy, in appropriate circumstances, to deactivate or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing others’ copyrights or intellectual property rights.
If you believe in good faith that your copyrighted work has been infringed by content on the Better Share Service, please provide our designated copyright agent with a written notice that includes:
- A description of the copyrighted work you believe to have been infringed;
- A description of the URL or location on the Service of the allegedly infringing material;
- Your name, mailing address, telephone number, and email address;
- A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on their behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the copyright owner.
Our agent for notice of copyright infringement can be reached at:
Better Share
Attention: Copyright Notice
help@bettershareapp.com
11. Third Party Services and Links
The Better Share Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services available from such websites or resources. Links to third-party websites do not imply any endorsement by Better Share. You assume all risk arising from your use of any such websites or resources.
12. Indemnity
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD BETTER SHARE HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, LOSSES, EXPENSES, DAMAGES, AND/OR LIABILITIES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COURT COSTS, THAT ARE IN ANY WAY RELATED TO YOUR: (1) BREACH OF THESE TERMS; (2) YOUR MISSTATEMENTS, MISREPRESENTATIONS, OR VIOLATION OF APPLICABLE LAW; OR (3) YOUR CONTENT. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
13. Intellectual Property
13.1 Better Share Service.
Better Share and its licensors retain all right, title, and interest in and to the Better Share Service, the technology and software used to provide it, all electronic documentation and content available through the Service (other than Your Content), and all related intellectual property and proprietary rights. Except for your rights to access and use the Service as set forth in these Terms, nothing herein licenses or conveys any of our intellectual property rights to you. You agree that we will have a perpetual right to use and incorporate into the Service any feedback or suggestions for improvement that you provide to us, without any obligation of compensation.
13.2 Proprietary Frameworks and Content.
The Better Share Service incorporates original frameworks and methodologies developed by Dr. Morgan Cutlip, PhD, for understanding and addressing mental load in relationships, as expressed through her courses, educational content, and body of work. This along with the Care Load Assessment and related tools such as: frameworks, methodologies, assessments, and content made available through the Service are proprietary and protected by applicable intellectual property laws.
Your use of the Service does not grant you any ownership interest in or license to these frameworks, assessments, or any other content beyond the limited right to access and use the Service as set forth in these Terms. You may not copy, reproduce, distribute, reverse engineer, or create derivative works based on any content, framework, or assessment available through the Service.
13.3 Prohibition on AI Training Use.
You agree not to use any content, assessments, outputs, or materials accessed through the Better Share Service to develop, train, fine-tune, or improve any artificial intelligence system, machine learning model, or automated tool.
13.4 Better Share Trademarks and Affiliate Use.
Better Share owns all rights in and to its trademarks, service marks, brand names, and logos (the “Better Share Marks”). We may, from time to time, enter into affiliate or co-marketing relationships with third parties. Where we do so, we may provide approved assets and guidelines for how our partners may promote the Better Share Service. Any use of the Better Share Marks by an affiliate or co-marketing partner is subject to a separate written agreement with Better Share and must conform to the guidelines we provide.
Absent a separate written agreement, no third party has the right to use the Better Share Marks in any manner. You agree that: (1) you have no ownership rights in the Better Share Marks; (2) all goodwill associated with use of the Better Share Marks inures solely to the benefit of Better Share; and (3) you will not adopt, register, or apply to register the Better Share Marks or any confusingly similar term as a business name, trade name, trademark, domain name, or social media handle.
14. Warranty Disclaimer
THE INFORMATION AND MATERIALS FOUND ON THE BETTER SHARE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BETTER SHARE DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF INFORMATION AND MATERIALS ON THE SERVICE; (2) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN BETTER SHARE; OR (3) WARRANT THAT YOUR USE OF THE SERVICE WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE, OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BETTER SHARE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY.
15. Limitation of Liability
15.1 Exclusion of Certain Damages.
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL BETTER SHARE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY BUSINESS LOSSES, OR LOSS OF PROFIT, REVENUE, CONTRACTS, DATA, GOODWILL, OR OTHER SIMILAR LOSSES OR EXPENSES THAT ARISE OUT OF OR RELATE TO THE USE OF OR INABILITY TO USE THE BETTER SHARE SERVICE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF ANY SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
15.2 Limit on Our Liability.
EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL BETTER SHARE’S AGGREGATE LIABILITY TO YOU IN ANY MATTER ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS EXCEED THE AMOUNTS PAID BY YOU TO BETTER SHARE DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT THAT GAVE RISE TO LIABILITY OR, IF YOU HAVE NOT PAID BETTER SHARE FOR USE OF ANY SERVICES, $100.00 USD (OR EQUIVALENT IN LOCAL CURRENCY).
16. Arbitration Agreement and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY, AS IT PRESCRIBES HOW DISPUTES BETWEEN US WILL BE RESOLVED. IF YOU RESIDE WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, THIS SECTION APPLIES ONLY TO BUSINESS CUSTOMERS (NOT “CONSUMERS”). IF YOU ARE A CONSUMER RESIDING WITHIN THE EUROPEAN ECONOMIC AREA OR THE UNITED KINGDOM, PLEASE SEE SECTION 17.
16.1 Arbitration Agreement; Claims.
Unless you opt out in accordance with Section 16.9 below, you and Better Share (together, the “Parties”) agree that any and all disputes or claims arising between you and Better Share relating to the Better Share Service or these Terms (including any alleged breach) (collectively, “Claims”), except for Excluded Claims, will be resolved as set forth in this Arbitration Agreement. “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims brought by Better Share arising out of or related to a violation of Section 4.1, (3) claims in which either party seeks injunctive or other equitable relief for alleged unlawful use of intellectual property or emergency injunctive relief based on exigent circumstances, and (4) claims that an arbitrator determines cannot be made subject to arbitration.
16.2 Agreement to Arbitrate.
Unless you opt out in accordance with Section 16.9, you and Better Share agree that all Claims (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, and your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
16.3 Prohibition of Class and Representative Actions.
YOU AND BETTER SHARE AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BETTER SHARE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER BETTER SHARE USERS.
Disputes regarding the interpretation, applicability, or enforceability of this Section 16.3 may be resolved only by a court and not by an arbitrator.
16.4 Pre-Arbitration Dispute Resolution.
Our preference is always to resolve complaints amicably and efficiently, without the need for arbitration. Before commencing arbitration, you must first contact us in writing at help@bettershareapp.com, describe your complaint in detail, and give us an opportunity to resolve it. Your written complaint must include your name, the email address associated with your account, a detailed description of the dispute, and the specific relief sought. If the issue is not resolved within 30 days after receipt of your written complaint, either party may initiate arbitration as specified in Section 16.5.
16.5 Arbitration Procedures.
US Disputes. For disputes arising in the US, arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (as modified by the JAMS Consumer Arbitration Minimum Standards in consumer arbitrations) in effect at the time a claim is made, currently available at https://www.jamsadr.com/rules-streamlined-arbitration and https://www.jamsadr.com/consumer-minimum-standards/.
Non-US Disputes. For non-US disputes, arbitration will be conducted in English by a neutral arbitrator in accordance with the applicable Rules of the International Center for Dispute Resolution, currently available at https://www.icdr.org.
In all cases, the arbitrator will decide the substance of all claims in accordance with applicable law and will honor all claims of privilege recognized by law. The arbitration will be held in the county in which you reside or at another mutually agreed location. Decisions by the arbitrator are binding and enforceable in court.
16.6 Costs of Arbitration.
Payment of all filing, administration, case management, and arbitrator fees will be governed by the applicable Rules. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including attorney fees, except that the arbitrator may award reasonable attorney’s fees to either party upon determining that a claim or defense is frivolous or brought for an improper purpose.
16.7 Confidentiality.
All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all Parties.
16.8 Severability.
If any term or provision of this Section 16 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other provisions of this Section 16 will remain valid and enforceable, provided that if the class action waiver in Section 16.3 fails with respect to all claims in arbitration, then Section 16 will be unenforceable in its entirety.
16.9 Opt-Out Procedure.
You may reject your agreement to arbitration and your waiver of the right to bring or participate in class or representative actions by mailing us a written opt-out notice postmarked no later than 30 days after the date you first accept these Terms. You must mail the opt-out notice to: Better Share, Inc., Attn: Legal, 251 Little Falls Dr., Wilmington, DE 19808. The notice must state that you do not agree to the Arbitration Agreement and the class action waiver, and must include your name, address, phone number, and the email address used to register for the Better Share Service. You must sign the notice for it to be effective. This is the only way to opt out of the Arbitration Agreement.
16.10 Future Changes to This Arbitration Agreement.
If we make any change to this Arbitration Agreement (other than a change to any notice address or website link) in the future, that change will not apply to any claim that was filed in a legal proceeding against Better Share prior to the effective date of the change. If we remove the Arbitration Agreement from these Terms, such removal will not be effective until 30 days after the version of the Terms without the Arbitration Agreement is posted, and will not be effective as to any claim filed prior to the effective date of removal.
17. Governing Law and Jurisdiction
17.1 United States and Canada.
For users in the United States and Canada, these Terms and any dispute between you and Better Share will be governed by the laws of the State of New York and applicable U.S. federal law, without regard to principles of conflicts of law, except that the Federal Arbitration Act will govern the interpretation and enforcement of Section 16. Unless you and we agree otherwise, any claim or dispute not subject to arbitration must be resolved exclusively by a state or federal court located in New York County, New York, and you and Better Share agree to submit to the personal jurisdiction of those courts.
17.2 European Economic Area and United Kingdom.
For users in the EEA and the United Kingdom, the laws of England shall govern these Terms, except that if you live in a country outside of England but within the EEA, certain mandatory applicable laws of your country will apply for your benefit and protection. Any dispute must be resolved by the English courts or the courts in your country if you live in the EEA outside of England.
17.3 EU Online Dispute Resolution.
If you are a consumer in the European Economic Area, the European Online Dispute Resolution platform at http://ec.europa.eu/consumers/odr provides information about alternative dispute resolution options.
18. Class Action Waiver
YOU AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND BETTER SHARE AGREE OTHERWISE, THE COURT MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ANY RELIEF AWARDED CANNOT AFFECT OTHER BETTER SHARE SERVICE USERS.
19. Force Majeure
Better Share shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, earthquakes, hurricanes, wildfires, floods, war, terrorism, riots, embargoes, fires, accidents, pandemics, disease, strikes, or other similar events.
20. Miscellaneous
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, or employee of the other. The invalidity, illegality, or unenforceability of any term or provision of these Terms will not affect the validity, legality, or enforceability of any other term or provision. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace it with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable provision. These Terms will be binding on and inure to the benefit of the legal representatives, successors, and assigns of the parties. These Terms will continue to apply even after your relationship with Better Share ends.
Contact Us
Questions about these Terms? Please contact us at:
Better Share
Email: help@bettershareapp.com
Website: www.bettershareapp.com