About these Terms
These Terms govern the use of the Badger mobile application and related services (“Badger”). Badger is operated by Bear-Up Ltd, a company incorporated and registered in England and Wales, with company number 15888795 (“we, our, us”).
By creating an account, downloading and/or using Badger, you agree to these Terms, which are legally binding on you. These Terms should be read in conjunction with our Privacy Policy, Community Guidelines, and any other terms and policies we notify you about from time to time.
If you receive access through an organisation, separate business terms apply between Badger and that organisation, while these Terms continue to govern your personal use of the app unless stated otherwise. Parts of these Terms, including the subscription and payment terms, do not apply where you have been granted access through an organisation. If you leave the organisation or your access is removed by the organisation in future, you may continue to access Badger as an individual, in which case those parts of the Terms will apply.
Your rights to use Badger
Subject to you accepting and complying with these Terms, we grant you a limited, personal, revocable, non-exclusive licence to access and use Badger. This is a right to use Badger and does not give you any ownership to Badger or any of its content. This right is granted to you personally and cannot be shared with, sold or sub-licensed to any other person.
We may update Badger from time to time, including by the addition, modification or removal of features and functionality. We may also alter which features and functionality are provided free of charge and/or on a paid subscription basis.
We reserve the right to refuse access to Badger to any person for any reason at any time.
What Badger is and isn’t
Badger is a wellbeing, personal-development and behavioural-navigation service. It may provide personalised tasks, journalling, check-ins, progress tracking, connected-service features and AI-supported personalisation.
Badger is not a healthcare provider, medical device, diagnostic tool, therapy service, emergency service or crisis-monitoring service. It does not guarantee an outcome and no outputs should be construed as medical or professional advice. You agree to use Badger responsibly and not to use or rely on it for any improper purpose.
Eligibility
By accessing and using Badger, you promise to us that you are at least 16 years old or, if higher, the minimum legal age necessary to download and use mobile applications in the country or territory from which you access Badger.
You must only purchase and access paid-for subscriptions and features if you have a valid payment card in your own name or, if a minor, you have permission from a parent or guardian.
You also promise that your use of Badger is lawful in your country or territory and that your access and use will comply with all local laws and regulations. You must not download or access Badger if you are located in a country that is subject to UK, EU, or US Government embargo, or is on any UK, EU or US Government list of prohibited, sanctioned or restricted parties.
Your account
You must provide accurate information, protect your login details and tell us promptly if you suspect unauthorised access. You are responsible for activity on your account except to the extent it results from our failure to use reasonable security measures.
Third-party sign-in services may also apply their own terms and you agree to comply with those. We do not accept responsibility for the security of third-party sign in services.
You agree not to create an account if your access has been suspended or terminated by us. You also agree not to create accounts through unauthorised means, including via automated devices, scripts, bots, spiders or similar technologies.
Personalisation and AI
Badger relies on AI tools, large language models and algorithms in order to generate suggestions, tasks and other outputs. You accept that AI-generated output may be inaccurate, incomplete or unsuitable. You must use your own judgement and may skip a task. You should not undertake a task that appears unsafe, unlawful, inappropriate or inconsistent with professional advice you have received.
Optional sensitive AI features require separate choices where applicable. Details are provided in the Privacy Policy and feature- specific notices.
Journals and private content
You retain ownership of content you submit. You grant Badger a limited, non-exclusive licence to host, store, process, reproduce and display that content only as reasonably necessary to provide, secure and operate the service and the features you choose to use.
Private journal content is not made available to a sponsoring organisation through the organisation portal. Journals are not routinely monitored in real time. Do not use a journal entry as a way to contact Badger or request urgent help.
Safety and crisis support
Badger does not monitor users continuously and cannot provide emergency intervention. If you believe that you or another person is in immediate danger, contact emergency services or an appropriate crisis service.
We may provide static support signposting. If you contact us directly with a credible indication of imminent serious harm, we may provide signposting or take proportionate lawful steps, but we do not promise to contact third parties or emergency services.
Subscriptions and prices
Badger may offer Free, Premium, Pro, organisation-sponsored plans, introductory offers, trials and one-off digital products such as berry bundles.
The price, billing period, key features, renewal position and any trial or introductory terms are shown before purchase. Prices may vary by platform, region, currency, taxes and app-store pricing.
Auto-renewal, reminders and cancellation
Paid subscriptions may renew automatically until cancelled. Before purchase we will provide information you can save about the price, frequency, renewal and cancellation method.
Where Badger controls the subscription journey directly, we aim to provide appropriate renewal or trial-ending reminders and a straightforward online cancellation method. App-store subscriptions must normally be managed through the relevant Apple or Google account settings. Deleting the app does not cancel a subscription.
Any mandatory cooling-off, cancellation or refund rights apply regardless of these Terms.
App-store purchases and downloads
For purchases made through Apple or Google:
the store processes payment and may manage receipts and refunds;
cancellation is handled in the store account;
store terms and refund rules also apply;
subscription administration may be supported by RevenueCat.
These Terms apply between you and us. App store providers such as Apple and Google are not party to the agreement and have no responsibility for Badger or the associated content or services. The app store providers have no responsibility for Badger or any support or customer service in connection with it. If you experience an issue, please contact us.
In connection with app store downloads and purchases, you are responsible for complying with the app store rules and policies, in addition to these Terms. If there is any conflict between these Terms and the app store rules, you should follow the app store rules. If you have downloaded the app through Apple’s app store, you may be referred to as an ‘iOS User’ in these Terms and references to the ‘app store’ and ‘app store rules’ means those provided by Apple, including the Apple Media Services Terms and Conditions.
In order to use Badger, your device, operating system and/or browser may need to meet certain minimum compatibility requirements as shown in the app store listing or on our website from time to time. Failure to meet these requirements may result in limited functionality or prevent you from using Badger.
If you are an iOS User, Apple and Apple’s subsidiary companies are third party beneficiaries of these Terms and may enforce the Terms and take action against you directly, with or without our involvement.
Direct purchases
If Badger offers direct consumer purchases, checkout information will explain the service, price, duration, renewal, cancellation and any right to request immediate supply. Where the law requires an express request or acknowledgement before immediate digital supply affects cancellation rights, this will be obtained at checkout.
If any payment of the subscription price fails or is cancelled, we will notify you and give you an opportunity to provide an alternative payment method. If you fail to do so promptly, we reserve the right to suspend or terminate your access, without affecting any other rights or remedies we may have.
Any request by you to cancel a subscription will take effect at the next applicable renewal date, at which point the associated subscription access and benefits shall automatically expire. Unless you have closed your account, you may continue to have access to free features, subject to these Terms.
Berry bundles and digital items
Unless stated otherwise, berries, XP, badges, streaks and other in-app items:
have no cash value;
are non-transferable;
cannot be resold;
may be adjusted to correct errors or abuse; and
are not refundable except where required by law or platform rules.
Promotions and trials
Promotions may have eligibility, duration and availability conditions. The specific offer terms shown at sign-up form part of the agreement. We will not silently convert a trial or discount into a paid subscription without clear pre-contract information.
Organisation-sponsored access
If an employer, university, charity or another organisation sponsors your plan, it may manage your membership and eligibility. It does not receive private journal content, raw wellbeing entries, personal goals, AI memory or specific personalised task content through the organisation portal. It may receive aggregated reporting regarding the use of Badger.
Sponsorship may end if the organisation removes your membership or its contract ends. In this case, we may offer you a personal plan to continue using Badger. We cannot guarantee that all user settings and data will be transferrable if you opt to create a separate, individual subscription in this situation.
Acceptable use
You must not:
use Badger unlawfully or to harm another person;
attempt to access another account or restricted information;
probe, disrupt, overload or bypass security;
scrape or automate the service without permission;
upload malware or unlawful content;
impersonate another person or falsely claim professional qualifications;
use organisation analytics to attempt to identify individuals;
resell or commercially exploit consumer access without written permission.
Photos, audio and third-party information
You must have the right to upload content. Do not upload another person’s personal, confidential or medical information unless you have a lawful reason and appropriate permission.
We do not accept responsibility for any third party content uploaded to or accessible via Badger. We may, but are not obliged to, review content from time to time and reserve the right to suspend, remove and/or permanently delete any content that does not comply with these Terms or any other policies and guidelines issued by us.
Intellectual property
Badger’s software, design, brand, text and service content, excluding user content, are owned by or licensed to Bear-Up Ltd. No rights are granted to these other than as set out in these Terms. You agree not to use your access to Badger in order to:
discover the source code, reverse-engineer, adapt, create derivatives of or otherwise commercially exploit Badger or any of its associated software, documents or materials;
copy, reproduce, sell, resell or otherwise commercially exploit any part of Badger or its content;
create any competing product, service or solution; or
frame or mirror any part of Badger or its content without our prior written consent.
Our name, logos, trade marks and other branding materials may not be copied, imitated or used except with our prior written consent in each case.
Third-party services
Badger relies on providers such as Microsoft Azure, OpenAI, Apple, Google, RevenueCat, Stripe, Postmark, Sentry, Expo and connected-service providers. Third-party outages or changes may affect features. Their own terms may apply to your direct relationship with them.
Availability and changes
We aim to provide a reliable service but do not guarantee uninterrupted or error-free availability. We may change, suspend or retire features for security, legal, operational or product reasons. Where a paid feature is materially reduced during a paid term, your mandatory rights and any applicable remedy remain unaffected.
Suspension and termination
You may stop using Badger and request account deletion. You must separately cancel any active subscription through the applicable billing channel.
We may restrict or terminate access where reasonably necessary because of breach, fraud, security risk, harm, non-payment, legal requirement or service closure. Where reasonable, we will provide notice and an opportunity to address the issue.
Consumer rights
Nothing in these Terms excludes rights that cannot lawfully be excluded. Digital content and services must meet applicable legal standards, including being supplied with reasonable care and skill and matching their description where required.
Liability
Nothing excludes liability for death or personal injury caused by negligence, fraud, fraudulent misrepresentation or any liability that cannot legally be excluded.
If you are a consumer, we are responsible for foreseeable loss caused by our breach or failure to use reasonable care and skill. We are not responsible for loss that is not foreseeable, business losses suffered by a consumer acting outside the ordinary consumer purpose, or losses caused by circumstances outside our reasonable control, subject always to mandatory law.
Badger does not guarantee that a task, AI output, progress measure or wellbeing feature will achieve a particular outcome.
To the fullest extent permitted by law, Badger’s total liability to you for any claim arising out of or in connection with the service will not exceed the greater of:
(a) the amount you paid to Badger for the service in the 12 months before the claim arose; or
(b) £100.
Except as set out above, and to the extent permitted by law, we do not accept liability for any losses arising from or related to (i) user-based or originating content; (ii) your inability to use some or all of Badger’s features and services; (iii) any damage to devices, including any computer, mobile device, or other equipment, including any damage caused by any virus, bug, malware or fraud not caused by us; and/or (iv) any loss of or damage to your content or data. Badger is not intended to be used as a data storage or back-up solution, and we encourage you to maintain your own back-up of your content and data.
Privacy
Our Privacy Policy explains how we use personal information. Feature-specific notices provide additional information at the point of optional processing.
Complaints and support
Contact hello@badgerapp.io for support, consumer complaints or data-protection complaints. We will use reasonable efforts to respond. You may also have rights to contact the ICO, Citizens Advice or an applicable consumer dispute-resolution body.
Changes to these Terms
We may update these Terms. We will provide reasonable notice of material changes. Where a change requires fresh agreement or consent, we will ask for it.
Governing law and other general terms
These Terms are governed by the laws of England and Wales, subject to mandatory protections in your country of residence. Any dispute will be subject to the jurisdiction of the English courts, except that if you are resident in Scotland, Wales or Northern Ireland, you may bring a claim in your local court. Consumers in other territories may bring proceedings in the courts available to them subject to any mandatory law not capable of exclusion by agreement between you and us.
These Terms and the documents referenced in them constitute the entire agreement between you and us and govern your use of Badger, superseding any previous agreements between you and us.
We will not be liable to you or responsible for any failure to perform, or delay in the performance of, any obligation if the failure or delay is caused by any act or event beyond our reasonable control, including failure of public or private telecommunication networks.
Contact
Bear-Up Ltd, trading as Badger Company number: 15888795 Registered office: Unit A452 4 - 6 Greatorex Street, London, E1 5NF, United Kingdom Email: hello@badgerapp.io