Geschäftsbedingungen
Wir garantieren Ihren Datenschutz
Terms of Service
Effective April 23, 2024
This Agreement, which is a binding contract between you ("Customer") and Beebzi AI, Ltd. (“Beebzi.AI,”"Beebzi", "Beebzi AI" “we,” or “us”), governs your access to and use of the Services. Please read this Agreement carefully to ensure that you understand each provision. It is important to note that this Agreement contains an arbitration agreement and a class action/jury trial waiver. Unless you opt out pursuant to the instructions in Section 11(B), disputes between you and us, including any claims that arose or were asserted before you agreed to these terms, must be resolved through final and binding arbitration on an individual basis. By agreeing to these terms, you expressly waive your right to seek relief in a court of law and to have a jury trial on your claims. Additionally, you waive your right to participate as a plaintiff or class member in any class, collective, private attorney general, or representative action or proceeding.
This Agreement becomes effective when you click the “I accept” button below or when you access or use the Services (the “Effective Date”). By clicking on the “I accept” button or by accessing or using the Services, you: (a) acknowledge that you have read and understand this Agreement; (b) represent and warrant that you have the right, power, and authority to enter into this Agreement and, if entering into this Agreement for an organization, that you have the legal authority to bind that organization; and (c) accept this Agreement and agree that you are legally bound by its terms.
If you do not agree to these terms, please select the “I decline” button below or refrain from accessing or using the Services. If you do not accept these terms, you may not access or use the Services.
This Agreement becomes effective when you click the “I accept” button below or when you access or use the Services (the “Effective Date”). By clicking on the “I accept” button or by accessing or using the Services, you: (a) acknowledge that you have read and understand this Agreement; (b) represent and warrant that you have the right, power, and authority to enter into this Agreement and, if entering into this Agreement for an organization, that you have the legal authority to bind that organization; and (c) accept this Agreement and agree that you are legally bound by its terms.
If you do not agree to these terms, please select the “I decline” button below or refrain from accessing or using the Services. If you do not accept these terms, you may not access or use the Services.
1. Definitions
"Aggregated Statistics" refers to data and information concerning the use of the Services by the Customer, which will be used by Beebzi in a combined and anonymous manner. This includes compiling statistical and performance information regarding the provision and operation of the Services.
"Arbitration Agreement" refers to the mandatory individual arbitration provision found in Section 11(b).
"Authorized User" refers to the employees, consultants, contractors, and agents of the Customer who have been authorized by the Customer to access and use the Services under the rights granted in this Agreement. Additionally, these individuals have had access to the Services purchased under this Agreement.
"Class Action/Jury Trial Waiver" refers to the provision in Section 11(c) that waives the ability to participate in a class action lawsuit or jury trial.
"Confidential Information" refers to information pertaining to the business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information of either party. This information can be provided orally or in written, electronic, or other forms of media. It does not include information that is already in the public domain, known to the receiving party, obtained by the receiving party on a non-confidential basis from a third party, or independently developed by the receiving party.
"Customer," "you," or "your" refers to the Customer and their Authorized Users.
"Customer Account" refers to the account held by the Customer on the Services.
"Customer Property" refers to (i) the Input, (ii) the Output, and (iii) any other content (such as text, images, illustrations, charts, tables, and other materials), materials, or data provided by the Customer to Beebzi. This can be done directly through the Service or indirectly through the integration with a Third Party Product, for processing on behalf of the Customer.
"Documentation" refers to Beebzi's user manuals, handbooks, guides, FAQs, and instructional videos relating to the Services. These are provided electronically by Beebzi to the Customer and can be found at www.beebzi.ai
"Aggregated Statistics" refers to data and information concerning the use of the Services by the Customer, which will be used by Beebzi in a combined and anonymous manner. This includes compiling statistical and performance information regarding the provision and operation of the Services.
"Arbitration Agreement" refers to the mandatory individual arbitration provision found in Section 11(b).
"Authorized User" refers to the employees, consultants, contractors, and agents of the Customer who have been authorized by the Customer to access and use the Services under the rights granted in this Agreement. Additionally, these individuals have had access to the Services purchased under this Agreement.
"Class Action/Jury Trial Waiver" refers to the provision in Section 11(c) that waives the ability to participate in a class action lawsuit or jury trial.
"Confidential Information" refers to information pertaining to the business affairs, products, confidential intellectual property, trade secrets, third-party confidential information, and other sensitive or proprietary information of either party. This information can be provided orally or in written, electronic, or other forms of media. It does not include information that is already in the public domain, known to the receiving party, obtained by the receiving party on a non-confidential basis from a third party, or independently developed by the receiving party.
"Customer," "you," or "your" refers to the Customer and their Authorized Users.
"Customer Account" refers to the account held by the Customer on the Services.
"Customer Property" refers to (i) the Input, (ii) the Output, and (iii) any other content (such as text, images, illustrations, charts, tables, and other materials), materials, or data provided by the Customer to Beebzi. This can be done directly through the Service or indirectly through the integration with a Third Party Product, for processing on behalf of the Customer.
"Documentation" refers to Beebzi's user manuals, handbooks, guides, FAQs, and instructional videos relating to the Services. These are provided electronically by Beebzi to the Customer and can be found at www.beebzi.ai
"Feedback" refers to any communications or materials sent to us by mail, email, telephone, or any other means, suggesting or recommending changes to the Services, including new features or functionality related to the Services, or any comments, questions, suggestions, ideas, or similar content about the Services.
"Input" refers to the information you provide through prompts in the Services, for which you own or have permission to use the Intellectual Property Rights. It should be noted that Input does not include any Beebzi Property.
"Intellectual Property Rights" refers to all rights related to patents, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights, and any other intellectual property rights that currently exist or may come into existence in the future, including applications, registrations, renewals, and extensions of such rights, under the laws of any state, country, territory, or jurisdiction.
"Beebzi Property" refers to (i) the Services, (ii) the Documentation, and (iii) all content, materials, and software provided by Beebzi in connection with, or used by Beebzi to provide, any Services. It should be clarified that Beebzi Property does not include the Output. Additionally, Beebzi Property includes Aggregated Statistics and any information, data, or other content derived from Beebzi's monitoring of your access to or use of the Services, but does not include Customer Property.
"Output" refers to the results generated and returned by the Services to you based on the Input. It should be noted that the Output does not include any Beebzi Property.
"Privacy Policy" refers to the privacy policy available at https://beebzi.ai/terms-and-conditions
"Services" refers to the online and/or mobile services, website, and software provided on or in connection with the service provided by Beebzi under this Agreement, as detailed on Beebzi's website at www.beebzi.ai.
"Term" refers to the duration of this Agreement, which begins on the Effective Date and continues for the period of the Customer's active subscription to the Services.
"Third-Party Products" refers to any products, content, services, information, websites, or other materials owned by third parties and incorporated into or accessible through the Services.
"User" or "Users" refers to all individuals who access the Services, including visitors and users.
"User Accounts" refers to the different types of accounts available for different types of Users.
2. Access and Use
(a) Eligibility. This is a contract between you and Beebzi. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may only use the Services if you can enter into a legally binding contract with Beebzi and comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Services by individuals under 13 years old (or under 16 years old in Europe) is strictly prohibited and violates this Agreement. The Services are not available to any Users who have previously been removed from the Services by Beebzi.
(b) Provision of Access. Subject to your payment of Fees and compliance with all the terms and conditions of this Agreement, Beebzi grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. Beebzi will provide you with the necessary passwords and access credentials to allow you to access the Services.
"Input" refers to the information you provide through prompts in the Services, for which you own or have permission to use the Intellectual Property Rights. It should be noted that Input does not include any Beebzi Property.
"Intellectual Property Rights" refers to all rights related to patents, copyrights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights, and any other intellectual property rights that currently exist or may come into existence in the future, including applications, registrations, renewals, and extensions of such rights, under the laws of any state, country, territory, or jurisdiction.
"Beebzi Property" refers to (i) the Services, (ii) the Documentation, and (iii) all content, materials, and software provided by Beebzi in connection with, or used by Beebzi to provide, any Services. It should be clarified that Beebzi Property does not include the Output. Additionally, Beebzi Property includes Aggregated Statistics and any information, data, or other content derived from Beebzi's monitoring of your access to or use of the Services, but does not include Customer Property.
"Output" refers to the results generated and returned by the Services to you based on the Input. It should be noted that the Output does not include any Beebzi Property.
"Privacy Policy" refers to the privacy policy available at https://beebzi.ai/terms-and-conditions
"Services" refers to the online and/or mobile services, website, and software provided on or in connection with the service provided by Beebzi under this Agreement, as detailed on Beebzi's website at www.beebzi.ai.
"Term" refers to the duration of this Agreement, which begins on the Effective Date and continues for the period of the Customer's active subscription to the Services.
"Third-Party Products" refers to any products, content, services, information, websites, or other materials owned by third parties and incorporated into or accessible through the Services.
"User" or "Users" refers to all individuals who access the Services, including visitors and users.
"User Accounts" refers to the different types of accounts available for different types of Users.
2. Access and Use
(a) Eligibility. This is a contract between you and Beebzi. You must read and agree to this Agreement before using the Services. If you do not agree, you may not use the Services. You may only use the Services if you can enter into a legally binding contract with Beebzi and comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations. Any use or access to the Services by individuals under 13 years old (or under 16 years old in Europe) is strictly prohibited and violates this Agreement. The Services are not available to any Users who have previously been removed from the Services by Beebzi.
(b) Provision of Access. Subject to your payment of Fees and compliance with all the terms and conditions of this Agreement, Beebzi grants you a revocable, non-exclusive, non-transferable, non-sublicensable, limited right to access and use the Services during the Term solely for your internal business operations by Authorized Users in accordance with the terms and conditions herein. Beebzi will provide you with the necessary passwords and access credentials to allow you to access the Services.
(c) License: Beebzi.Ai grants you a non-exclusive, non-sublicensable, non-transferable license to use the Documentation for your internal business purposes in connection with the Services. This license is valid during the Term.
(d) Accounts: Your Customer Account provides access to the services and functionality offered by Beebzi.Ai, as determined by us. Additional User Accounts may be maintained. If you create a Customer Account on behalf of a company or organization, you are responsible for both yourself and the entity. By connecting Beebzi.Ai with a third-party service, you authorize us to access and use your information from that service, and store your log-in credentials.
You must obtain permission before using other Users' User Accounts. When creating your Customer Account, ensure that you provide accurate and up-to-date information. You are solely responsible for any activity that occurs on your Customer Account and must keep your password secure. We recommend using strong passwords. If you suspect any unauthorized use or security breach, please notify Beebzi.Ai immediately. Beebzi.Ai is not liable for any losses resulting from unauthorized use of your Customer Account.
You have control over your Customer Account profile and interactions with the Services through the settings page. By providing your email address to Beebzi.Ai, you consent to receiving Services-related notices via email, including legally required notices. We may also send you other messages, such as updates or special offers. If you prefer not to receive such emails, you can opt out or adjust your preferences in the settings page. Opting out may affect your receipt of updates, improvements, or offers.
(d) Accounts: Your Customer Account provides access to the services and functionality offered by Beebzi.Ai, as determined by us. Additional User Accounts may be maintained. If you create a Customer Account on behalf of a company or organization, you are responsible for both yourself and the entity. By connecting Beebzi.Ai with a third-party service, you authorize us to access and use your information from that service, and store your log-in credentials.
You must obtain permission before using other Users' User Accounts. When creating your Customer Account, ensure that you provide accurate and up-to-date information. You are solely responsible for any activity that occurs on your Customer Account and must keep your password secure. We recommend using strong passwords. If you suspect any unauthorized use or security breach, please notify Beebzi.Ai immediately. Beebzi.Ai is not liable for any losses resulting from unauthorized use of your Customer Account.
You have control over your Customer Account profile and interactions with the Services through the settings page. By providing your email address to Beebzi.Ai, you consent to receiving Services-related notices via email, including legally required notices. We may also send you other messages, such as updates or special offers. If you prefer not to receive such emails, you can opt out or adjust your preferences in the settings page. Opting out may affect your receipt of updates, improvements, or offers.
e) Usage Restrictions. You are prohibited from engaging in any of the following activities, and you shall not permit any Authorized Users to do so: (i) copying, distributing, selling, reselling, or disclosing any part of the Services in any medium, including by any automated or non-automated "scraping"; (ii) using any automated system, such as "robots," "spiders," "offline readers," etc., to access the Services in a manner that generates more request messages to the Beebzi servers than a human can reasonably produce in the same time period using a conventional online web browser (except that Beebzi grants public search engine operators revocable permission to use spiders to copy publicly available materials from the Services solely for the purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email; (iv) attempting to interfere with or compromise the system integrity or security, or decipher any transmissions to or from the servers running the Services; (v) violating Beebzi's Fair Use Policy, which can be accessed at www.beebzi.ai/usage-policies; (vi) uploading invalid data, viruses, worms, or other software agents through the Services; (vii) collecting or harvesting any personally identifiable information or other personal information, including account names, from the Services; (viii) using the Services for any unlawful commercial solicitation purposes; (ix) impersonating another person or misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper functioning of the Services; (xi) accessing any content on the Services through any technology or means not provided or authorized by the Services; or (xii) circumventing any measures we may implement to prevent or restrict access to the Services, including features that prevent or restrict the use or copying of any content, or enforce limitations on the use of the Services or its content.
(f) Aggregated Statistics. Despite any provisions to the contrary in this Agreement, Beebzi.AI may monitor the Customer's use of the Services and gather and compile Aggregated Statistics. The ownership of Aggregated Statistics, including all intellectual property rights, belongs solely to Beebzi.AI. The Customer acknowledges that Beebzi.AI may compile Aggregated Statistics based on the input of Customer Property into the Services. The Customer agrees that Beebzi.AI may (i) publicly disclose Aggregated Statistics in compliance with applicable laws, and (ii) utilize Aggregated Statistics to the extent permitted by applicable laws, provided that such Aggregated Statistics do not identify the Customer or the Customer's Confidential Information.
(g) Reservation of Rights. Beebzi.AI reserves all rights not expressly granted to the Customer in this Agreement. Except for the limited rights and licenses explicitly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other rights, titles, or interests in the Beebzi.AI Property to the Customer or any third party.
(h) Suspension. Despite any provisions to the contrary in this Agreement, Beebzi.AI may, at its sole discretion and without notice, temporarily suspend or permanently terminate the Customer's and any other Authorized User's access to any portion or all of the Services for any reason or no reason, including but not limited to if: (i) Beebzi.AI reasonably determines that (A) there is a threat or attack on any of the Beebzi.AI Property; (B) the Customer's or any other Authorized User's use of the Beebzi.AI Property disrupts or poses a security risk to the Beebzi.AI Property or to any other customer or vendor of Beebzi.AI; (C) the Customer or any other Authorized User is using the Beebzi.AI Property for fraudulent or illegal activities; (D) subject to applicable law, the Customer has ceased its business operations, made an assignment for the benefit of creditors or a similar disposition of its assets, or become involved in any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Beebzi.AI's provision of the Services to the Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of Beebzi.AI has suspended or terminated Beebzi.AI's access to or use of any third-party services or products required to enable the Customer to access the Services; or (iii) in accordance with Section 5.
(i) Changes to the Services. We may, without prior notice, modify the Services; discontinue providing the Services or certain features of the Services to you or to Users in general; or establish usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and without liability for any reason, including if we determine in our sole discretion that you have violated any provision of this Agreement or for no reason. Upon termination for any reason or no reason, you are still bound by this Agreement.
(j) Processing of Personal Data. The Parties acknowledge that the use of the Service does not require Beebzi.AI to process any information that pertains to an identified or identifiable individual, which relates to, describes, can reasonably be associated with, or can reasonably be linked to a specific person ("Personal Data") on behalf of the Customer. In other words, the Customer acknowledges that it is not necessary to provide Input containing Personal Data in order to effectively use the Services. However, if the Customer wishes to submit Personal Data to Beebzi.AI for processing on its behalf, it must first execute a Data Processing Addendum ("DPA") with Beebzi.AI, which can be accessed at: www.beebzi.ai/dpa. Upon the Customer's execution of the DPA, the DPA will be fully incorporated by reference into, and will become a part of, this Agreement. To the extent that Beebzi.AI processes Personal Data as a data controller, such processing will be in accordance with Beebzi.AI's Privacy Policy.
(g) Reservation of Rights. Beebzi.AI reserves all rights not expressly granted to the Customer in this Agreement. Except for the limited rights and licenses explicitly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, any intellectual property rights or other rights, titles, or interests in the Beebzi.AI Property to the Customer or any third party.
(h) Suspension. Despite any provisions to the contrary in this Agreement, Beebzi.AI may, at its sole discretion and without notice, temporarily suspend or permanently terminate the Customer's and any other Authorized User's access to any portion or all of the Services for any reason or no reason, including but not limited to if: (i) Beebzi.AI reasonably determines that (A) there is a threat or attack on any of the Beebzi.AI Property; (B) the Customer's or any other Authorized User's use of the Beebzi.AI Property disrupts or poses a security risk to the Beebzi.AI Property or to any other customer or vendor of Beebzi.AI; (C) the Customer or any other Authorized User is using the Beebzi.AI Property for fraudulent or illegal activities; (D) subject to applicable law, the Customer has ceased its business operations, made an assignment for the benefit of creditors or a similar disposition of its assets, or become involved in any bankruptcy, reorganization, liquidation, dissolution, or similar proceeding; or (E) Beebzi.AI's provision of the Services to the Customer or any other Authorized User is prohibited by applicable law; (ii) any vendor of Beebzi.AI has suspended or terminated Beebzi.AI's access to or use of any third-party services or products required to enable the Customer to access the Services; or (iii) in accordance with Section 5.
(i) Changes to the Services. We may, without prior notice, modify the Services; discontinue providing the Services or certain features of the Services to you or to Users in general; or establish usage limits for the Services. We may permanently or temporarily terminate or suspend your access to the Services without notice and without liability for any reason, including if we determine in our sole discretion that you have violated any provision of this Agreement or for no reason. Upon termination for any reason or no reason, you are still bound by this Agreement.
(j) Processing of Personal Data. The Parties acknowledge that the use of the Service does not require Beebzi.AI to process any information that pertains to an identified or identifiable individual, which relates to, describes, can reasonably be associated with, or can reasonably be linked to a specific person ("Personal Data") on behalf of the Customer. In other words, the Customer acknowledges that it is not necessary to provide Input containing Personal Data in order to effectively use the Services. However, if the Customer wishes to submit Personal Data to Beebzi.AI for processing on its behalf, it must first execute a Data Processing Addendum ("DPA") with Beebzi.AI, which can be accessed at: www.beebzi.ai/dpa. Upon the Customer's execution of the DPA, the DPA will be fully incorporated by reference into, and will become a part of, this Agreement. To the extent that Beebzi.AI processes Personal Data as a data controller, such processing will be in accordance with Beebzi.AI's Privacy Policy.
(k) In-Product Cookies. When Customers or Users interact with the Services, Beebzi.AI uses First Party Cookies to collect information in order to ensure secure, efficient, and reliable use of the Services. Our In-Product Cookie Policy, accessible at www.beebzi.ai/cookies, applies to the use of these cookies. The information collected by Beebzi.AI is solely used for (i) providing the Services, or (ii) in an aggregated form that does not personally identify the Customers or Users.
3. Intellectual Property Rights
(a) Customer Property. We do not claim ownership rights over Customer Property. The Customer Property remains the property of the Customer.
Beebzi.AI reserves the right (but not the obligation) to remove any Customer Property that is processed through the Services at its sole discretion. By submitting, posting, displaying, providing, or making available any Customer Property on or through the Services, you grant Beebzi.AI a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works of all such Customer Property, as well as your name, voice, and/or likeness as contained in your Customer Property, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Beebzi.AI's (and its successors' and affiliates') business. This includes modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) through any media formats and channels. Additionally, during the Term, you grant Beebzi.AI a non-exclusive, irrevocable license to use Customer's name, trademarks, and logos to identify Customer as a subscriber of the Services.
In relation to your Customer Property, you affirm, represent, warrant, and covenant the following: (i) You have obtained the written consent of each identifiable natural person in the Customer Property, if any, to use their name or likeness as contemplated by the Services and this Agreement, and each person has released you from any liability arising from such use; (ii) You have obtained and are solely responsible for obtaining all necessary consents required by law to submit any Customer Property relating to third parties; (iii) Your Customer Property and Beebzi.AI's use of it as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including Intellectual Property Rights and privacy rights; and (iv) Beebzi.AI may exercise the rights to your Customer Property granted under this Agreement without any liability for payment of guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Beebzi.AI takes no responsibility and assumes no liability for any Customer Property posted, sent, or made available by you, other Users, or third parties over the Services. You are solely responsible for your Customer Property and the consequences of posting, publishing, sharing, or making it available on the Services. We act as a passive conduit for your online distribution and publication of your Customer Property. You understand and agree that you may be exposed to Customer Property that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Beebzi.AI shall not be liable for any damages alleged to be incurred as a result of or relating to any Customer Property.
3. Intellectual Property Rights
(a) Customer Property. We do not claim ownership rights over Customer Property. The Customer Property remains the property of the Customer.
Beebzi.AI reserves the right (but not the obligation) to remove any Customer Property that is processed through the Services at its sole discretion. By submitting, posting, displaying, providing, or making available any Customer Property on or through the Services, you grant Beebzi.AI a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and create derivative works of all such Customer Property, as well as your name, voice, and/or likeness as contained in your Customer Property, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and Beebzi.AI's (and its successors' and affiliates') business. This includes modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) through any media formats and channels. Additionally, during the Term, you grant Beebzi.AI a non-exclusive, irrevocable license to use Customer's name, trademarks, and logos to identify Customer as a subscriber of the Services.
In relation to your Customer Property, you affirm, represent, warrant, and covenant the following: (i) You have obtained the written consent of each identifiable natural person in the Customer Property, if any, to use their name or likeness as contemplated by the Services and this Agreement, and each person has released you from any liability arising from such use; (ii) You have obtained and are solely responsible for obtaining all necessary consents required by law to submit any Customer Property relating to third parties; (iii) Your Customer Property and Beebzi.AI's use of it as contemplated by this Agreement and the Services will not violate any law or infringe any rights of any third party, including Intellectual Property Rights and privacy rights; and (iv) Beebzi.AI may exercise the rights to your Customer Property granted under this Agreement without any liability for payment of guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
Beebzi.AI takes no responsibility and assumes no liability for any Customer Property posted, sent, or made available by you, other Users, or third parties over the Services. You are solely responsible for your Customer Property and the consequences of posting, publishing, sharing, or making it available on the Services. We act as a passive conduit for your online distribution and publication of your Customer Property. You understand and agree that you may be exposed to Customer Property that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Beebzi.AI shall not be liable for any damages alleged to be incurred as a result of or relating to any Customer Property.
(b) Beebzi.AI Property. Beebzi.AI Property and all Intellectual Property Rights related thereto are the exclusive property of Beebzi.AI and its licensors (including other Users who post content to the Services). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Beebzi.AI Property. Use of the Beebzi.AI Property for any purpose not expressly permitted by this Agreement is strictly prohibited. For the avoidance of doubt, Beebzi.AI Property, Aggregated Statistics and any other information, data, or other content derived from Beebzi.AI's monitoring of your access to or use of the Services, but does not include Customer Property. In furtherance of the foregoing, you hereby unconditionally and irrevocably grant to Beebzi.AI an assignment of all right, title, and interest in and to the Aggregated Statistics, including all Intellectual Property Rights relating thereto.
You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Beebzi.AI under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Beebzi.AI does not waive any rights to use similar or related ideas previously known to Beebzi.AI, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
(c) DMCA Notice. Since we respect artist and content owner rights, it is Beebzi.AI's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Beebzi.AI's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit Beebzi.AI to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: Legal Department, Beebzi.AI, Ltd. Email: info@beebzi.ai
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Beebzi.AI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Beebzi.AI's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Beebzi.AI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Beebzi.AI may also, at its sole discretion, limit access to the Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
You may choose to or we may invite you to submit Feedback. By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Beebzi.AI under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Beebzi.AI does not waive any rights to use similar or related ideas previously known to Beebzi.AI, or developed by its employees, or obtained from sources other than you. If you or any of your employees, contractors, or agents sends or transmits Feedback, we are free to use such Feedback irrespective of any other obligation or limitation between you and us governing such Feedback. All Feedback is and will be treated as non-confidential. You hereby assign to us on your behalf, and shall cause your Authorized Users to assign, all right, title, and interest in, and we are free to use, without any attribution or compensation to you or any third party, any ideas, know-how, concepts, techniques, or other Intellectual Property Rights contained in the Feedback, for any purpose whatsoever, although we are not required to use any Feedback.
(c) DMCA Notice. Since we respect artist and content owner rights, it is Beebzi.AI's policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 (“DMCA”).
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Services, please notify Beebzi.AI's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: 1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner; 2. Identification of the copyrighted work that you claim has been infringed; 3. Identification of the material that is claimed to be infringing and where it is located on the Services; 4. Information reasonably sufficient to permit Beebzi.AI to contact you, such as your address, telephone number, and e-mail address; 5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and 6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted to the following DMCA Agent: Attn: Legal Department, Beebzi.AI, Ltd. Email: info@beebzi.ai
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.
Please note that this procedure is exclusively for notifying Beebzi.AI and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Beebzi.AI's rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable law, Beebzi.AI has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Beebzi.AI may also, at its sole discretion, limit access to the Services and/or terminate the User Accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
4. Customer Responsibilities
(a) Acceptable Use Policy. You must comply with Beebzi.AI's Acceptable Use Policy available at www.beebzi.ai/usage-policies and all applicable laws, rules, and regulations.
(b) Account Use. You are responsible and liable for all uses of the Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You should make all Authorized Users aware of this Agreement’s provisions as applicable to their use of the Services and ensure their compliance with such provisions.
(c) Passwords and Access Credentials. You are responsible for maintaining the confidentiality of your passwords and access credentials associated with the Services. You must not sell or transfer them to any other person or entity. You must promptly notify us of any unauthorized access to your passwords or access credentials.
(d) Third-Party Products. The Services may allow access to Third-Party Products. For the purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. Beebzi.AI does not endorse or assume any responsibility for any such Third-Party Products. If you access a Third-Party Product from the Services or share your Customer Property on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Beebzi.AI's Privacy Policy do not apply to your use of such sites. You expressly relieve Beebzi.AI from any and all liability arising from your use of any Third-Party Products, including without limitation Customer Property submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Beebzi.AI shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
5. Fees and Payment
(a) Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. If you choose to use paid aspects of the Services, you agree to our Pricing and Payment Terms available at www.beebzi.ai/pricing, as we may update them from time to time. Beebzi.AI may introduce new services for additional fees and charges, add or modify fees and charges for existing services, at any time in its sole discretion. Any changes to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such changes to you as provided in this Agreement.
(b) No Refunds. You may cancel your Customer Account at any time; however, there will be no refunds for cancellation. In the event that Beebzi.AI suspends or terminates your Customer Account or this Agreement, you understand and agree that you will not receive a refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for any other reason.
(a) Acceptable Use Policy. You must comply with Beebzi.AI's Acceptable Use Policy available at www.beebzi.ai/usage-policies and all applicable laws, rules, and regulations.
(b) Account Use. You are responsible and liable for all uses of the Services and Documentation resulting from access provided by you, directly or indirectly, whether such access or use is permitted by or in violation of this Agreement. Without limiting the generality of the foregoing, you are responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by you will be deemed a breach of this Agreement by you. You should make all Authorized Users aware of this Agreement’s provisions as applicable to their use of the Services and ensure their compliance with such provisions.
(c) Passwords and Access Credentials. You are responsible for maintaining the confidentiality of your passwords and access credentials associated with the Services. You must not sell or transfer them to any other person or entity. You must promptly notify us of any unauthorized access to your passwords or access credentials.
(d) Third-Party Products. The Services may allow access to Third-Party Products. For the purposes of this Agreement, such Third-Party Products are subject to their own terms and conditions presented to you for acceptance within the Services by website link or otherwise. If you do not agree to abide by the applicable terms for any such Third-Party Products, then you should not install, access, or use such Third-Party Products. Beebzi.AI does not endorse or assume any responsibility for any such Third-Party Products. If you access a Third-Party Product from the Services or share your Customer Property on or through any third-party website or service, you do so at your own risk, and you understand that this Agreement and Beebzi.AI's Privacy Policy do not apply to your use of such sites. You expressly relieve Beebzi.AI from any and all liability arising from your use of any Third-Party Products, including without limitation Customer Property submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Services, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Beebzi.AI shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
5. Fees and Payment
(a) Billing Policies. Certain aspects of the Services may be provided for a fee or other charge. If you choose to use paid aspects of the Services, you agree to our Pricing and Payment Terms available at www.beebzi.ai/pricing, as we may update them from time to time. Beebzi.AI may introduce new services for additional fees and charges, add or modify fees and charges for existing services, at any time in its sole discretion. Any changes to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such changes to you as provided in this Agreement.
(b) No Refunds. You may cancel your Customer Account at any time; however, there will be no refunds for cancellation. In the event that Beebzi.AI suspends or terminates your Customer Account or this Agreement, you understand and agree that you will not receive a refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your Customer Account, or for any other reason.
(c) Free Trials. We or our third-party service providers may offer free trials to a particular Service. We or our third-party service provider will automatically bill your payment method on the later of the day your free trial ends or the day you start your paid subscription, and on each recurring billing date thereafter, subject to Section 5(d). You will not receive a notice that your free trial has ended and that payment for your subscription is due. If you wish to avoid charges to your payment method, you must cancel your subscription prior to midnight Eastern Standard Time on the last day of your free trial period. If you cancel your subscription during a free trial, cancellation may be effective immediately.
(d) Automatic Renewal of Subscription Fees. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO INFO@BEEBZI.AI AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(e) Risk of Loss. All products that may be purchased from or via the Services are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Beebzi.AI. Title to products purchased on the Services, as well as the risk of loss for such products, passes to you when Beebzi.AI or our supplier delivers these items to the carrier.
(f) Payment Information; Toronto. We accept various payment methods through Paypal and Stripe, including, without limitation, Mastercard, Visa and American Express . By using the Services, you agree to be bound by Stripe’s and Paypal's Services Agreement available at https://stripe.com/en-ca/legal/ssa and https://www.paypal.com/ca/legalhub/useragreement-full . All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
6. Confidential Information
From time to time, Beebzi.AI and Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
Beebzi.AI cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
(d) Automatic Renewal of Subscription Fees. IF YOU SIGN UP FOR A SUBSCRIPTION, THE CORRESPONDING FEES AT THE RATE AS SET FORTH IN YOUR USER ACCOUNT AND/OR ON THE CHECKOUT PAGE WILL AUTOMATICALLY RENEW EVERY MONTH ON A CONTINUOUS BASIS UNLESS AND UNTIL YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR SUBSCRIPTION. ANY NOTICE OF CANCELLATION MUST BE SUBMITTED ON YOUR SETTINGS PAGE OR IN WRITING AND SENT TO INFO@BEEBZI.AI AND WILL BE EFFECTIVE IN THE MONTH FOLLOWING THE MONTH YOU PROVIDE US NOTICE. YOU UNDERSTAND THAT UNLESS AND UNTIL YOU NOTIFY US OF YOUR CANCELLATION, YOUR SUBSCRIPTION AND ALL CORRESPONDING FEES WILL AUTOMATICALLY RENEW, AND YOU AUTHORIZE US OR OUR AUTHORIZED THIRD-PARTY PAYMENT PROVIDER (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO CHARGE YOU THE APPLICABLE SUBSCRIPTION FEES AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.
(e) Risk of Loss. All products that may be purchased from or via the Services are transported and delivered to you by an independent carrier not affiliated with, or controlled by, Beebzi.AI. Title to products purchased on the Services, as well as the risk of loss for such products, passes to you when Beebzi.AI or our supplier delivers these items to the carrier.
(f) Payment Information; Toronto. We accept various payment methods through Paypal and Stripe, including, without limitation, Mastercard, Visa and American Express . By using the Services, you agree to be bound by Stripe’s and Paypal's Services Agreement available at https://stripe.com/en-ca/legal/ssa and https://www.paypal.com/ca/legalhub/useragreement-full . All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Services must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Services at the prices in effect when such charges are incurred. You will pay any applicable taxes, if any, relating to any such purchases, transactions or other monetary transaction interactions.
6. Confidential Information
From time to time, Beebzi.AI and Customer may disclose or make available to the other party Confidential Information. The receiving party shall not disclose the disclosing party’s Confidential Information to any person or entity, except to the receiving party’s employees who have a need to know the Confidential Information for the receiving party to exercise its rights or perform its obligations hereunder and who are required to protect the Confidential Information in a manner no less stringent than required under this Agreement. Notwithstanding the foregoing, each party may disclose Confidential Information to the limited extent required (i) to comply with the order of a court or other governmental body, or as otherwise necessary to comply with applicable law, provided that the party making the disclosure pursuant to the order shall first have given written notice to the other party and made a reasonable effort to obtain a protective order; or (ii) to establish a party’s rights under this Agreement, including to make required court filings. Each party’s obligations of non-disclosure with regard to Confidential Information are effective as of the date such Confidential Information is first disclosed to the receiving party and will expire five years thereafter; provided, however, with respect to any Confidential Information that constitutes a trade secret (as determined under applicable law), such obligations of non-disclosure will survive the termination or expiration of this Agreement for as long as such Confidential Information remains subject to trade secret protection under applicable law.
Beebzi.AI cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
7. Privacy Policy
Beebzi.AI complies with its Privacy Policy in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
8. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEEBZI.AI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BEEBZI.AI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FURTHER, BEEBZI.AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BEEBZI.AI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Beebzi.AI complies with its Privacy Policy in providing the Services. The Privacy Policy is subject to change as described therein. By accessing, using, and providing information to or through the Services, you acknowledge that you have reviewed and accepted our Privacy Policy, and you consent to all actions taken by us with respect to your information in compliance with the then-current version of our Privacy Policy.
8. Warranty Disclaimer
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BEEBZI.AI OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, BEEBZI.AI, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT RESULTING FROM, OR DOWNLOADED OR OTHERWISE OBTAINED THROUGH, THE USE OF THE SERVICES IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY LIABILITY ARISING THEREFROM TO THE EXTENT NOT EXPRESSLY SET FORTH OTHERWISE HEREIN, INCLUDING ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICES.
FURTHER, BEEBZI.AI DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, AND BEEBZI.AI WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
PLEASE NOTE THAT IN SOME JURISDICTIONS, FEDERAL LAW, CERTAIN STATES, PROVINCES, AND OTHER JURISDICTIONS MAY NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES. THEREFORE, THE EXCLUSIONS MENTIONED ABOVE MAY NOT APPLY TO YOU. THIS AGREEMENT GRANTS YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS STATED IN THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
9. Indemnification
Customer is responsible for defending, indemnifying, and holding harmless Beebzi.AI and its subsidiaries, agents, licensors, managers, and other affiliated companies, as well as their employees, contractors, agents, officers, and directors, from any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, arising from the following: (i) the use of the Services by Customer or Customer's Authorized Users, including any data or content transmitted or received by them; (ii) the violation of any term of this Agreement by Customer or Customer's Authorized Users, including breach of any representations and warranties mentioned above; (iii) the violation of any third-party rights, including privacy rights or intellectual property rights, by Customer or Customer's Authorized Users; (iv) the violation of any applicable law, rule, or regulation by Customer or Customer's Authorized Users; (v) the submission of any misleading, false, or inaccurate information via Customer or Customer's Authorized Users' User Account, including Customer Property or any content; (vi) any willful misconduct by Customer or Customer's Authorized Users; or (vii) any other party's access and use of the Services using Customer or Customer's Authorized Users' unique username, password, or other security code.
9. Indemnification
Customer is responsible for defending, indemnifying, and holding harmless Beebzi.AI and its subsidiaries, agents, licensors, managers, and other affiliated companies, as well as their employees, contractors, agents, officers, and directors, from any and all claims, damages, obligations, losses, liabilities, costs, or debt, including attorney's fees, arising from the following: (i) the use of the Services by Customer or Customer's Authorized Users, including any data or content transmitted or received by them; (ii) the violation of any term of this Agreement by Customer or Customer's Authorized Users, including breach of any representations and warranties mentioned above; (iii) the violation of any third-party rights, including privacy rights or intellectual property rights, by Customer or Customer's Authorized Users; (iv) the violation of any applicable law, rule, or regulation by Customer or Customer's Authorized Users; (v) the submission of any misleading, false, or inaccurate information via Customer or Customer's Authorized Users' User Account, including Customer Property or any content; (vi) any willful misconduct by Customer or Customer's Authorized Users; or (vii) any other party's access and use of the Services using Customer or Customer's Authorized Users' unique username, password, or other security code.
10. Limitations of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEEBZI.AI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BEEBZI.AI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL BEEBZI.AI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEEBZI.AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CUSTOMER PROPERTY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL BEEBZI.AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO BEEBZI.AI UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEEBZI.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BEEBZI.AI BE LIABLE UNDER OR IN CONNECTION WITH THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, FOR ANY: (a) CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES; (b) INCREASED COSTS, DIMINUTION IN VALUE OR LOST BUSINESS, PRODUCTION, REVENUES, OR PROFITS; (c) LOSS OF GOODWILL OR REPUTATION; (d) USE, INABILITY TO USE, LOSS, INTERRUPTION, DELAY OR RECOVERY OF ANY DATA, OR BREACH OF DATA OR SYSTEM SECURITY; OR (e) COST OF REPLACEMENT GOODS OR SERVICES, IN EACH CASE REGARDLESS OF WHETHER BEEBZI.AI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES OR SUCH LOSSES OR DAMAGES WERE OTHERWISE FORESEEABLE. UNDER NO CIRCUMSTANCES WILL BEEBZI.AI BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BEEBZI.AI ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICES; AND/OR (VII) CUSTOMER PROPERTY OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
IN NO EVENT WILL BEEBZI.AI, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE EXCEED THE TOTAL AMOUNTS PAID TO BEEBZI.AI UNDER THIS AGREEMENT IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $50.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF BEEBZI.AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE OR PROVINCE TO PROVINCE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
(a) Governing Law. You agree that: (i) the Services shall be deemed solely based in Toronto; and (ii) the Services shall be deemed a passive
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
(a) Governing Law. You acknowledge that the Services provided by Beebzi.Ai shall be deemed to be solely based in Toronto and shall be considered as passive services that do not establish personal jurisdiction over us, either specifically or generally, in any jurisdiction other than Toronto. This Agreement shall be governed by the internal laws of the Province of Ontario, without regard to its conflict of laws principles. The parties recognize that this Agreement involves interstate commerce. Despite the preceding statements regarding the substantive law, the interpretation and enforcement of the Arbitration Agreement in Section 11(b) shall be governed by the Commercial Arbitration Act 2 (CAA), which preempts all provinces laws to the fullest extent permitted by law. If the CAA is found to be inapplicable to any issue arising from or relating to the Arbitration Agreement, then that issue shall be resolved and governed by the law of your Provinceof residence. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Toronto for any actions in which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, to prevent actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as stated in the Arbitration provision below, including any provisional relief necessary to prevent irreparable harm. You agree that Toronto is the appropriate and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is deemed unenforceable.
(b) Arbitration. Please read this Section carefully as it requires the parties to resolve their disputes through arbitration and imposes limitations on how you can seek relief from Beebzi.Ai. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Beebzi.Ai that arises directly or indirectly from: (a) this Agreement, including its formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability; (b) your access to or use of the Services, including the receipt of any advertising or marketing communications; (c) any transactions conducted through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Beebzi.Ai as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
(a) Governing Law. You agree that: (i) the Services shall be deemed solely based in Toronto; and (ii) the Services shall be deemed a passive
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
(a) Governing Law. You acknowledge that the Services provided by Beebzi.Ai shall be deemed to be solely based in Toronto and shall be considered as passive services that do not establish personal jurisdiction over us, either specifically or generally, in any jurisdiction other than Toronto. This Agreement shall be governed by the internal laws of the Province of Ontario, without regard to its conflict of laws principles. The parties recognize that this Agreement involves interstate commerce. Despite the preceding statements regarding the substantive law, the interpretation and enforcement of the Arbitration Agreement in Section 11(b) shall be governed by the Commercial Arbitration Act 2 (CAA), which preempts all provinces laws to the fullest extent permitted by law. If the CAA is found to be inapplicable to any issue arising from or relating to the Arbitration Agreement, then that issue shall be resolved and governed by the law of your Provinceof residence. The United Nations Convention on Contracts for the International Sale of Goods is explicitly excluded. You agree to submit to the exclusive personal jurisdiction of the federal and state courts located in Toronto for any actions in which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction, to prevent actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as stated in the Arbitration provision below, including any provisional relief necessary to prevent irreparable harm. You agree that Toronto is the appropriate and exclusive forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is deemed unenforceable.
(b) Arbitration. Please read this Section carefully as it requires the parties to resolve their disputes through arbitration and imposes limitations on how you can seek relief from Beebzi.Ai. This Arbitration Agreement applies to and governs any dispute, controversy, or claim between you and Beebzi.Ai that arises directly or indirectly from: (a) this Agreement, including its formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability; (b) your access to or use of the Services, including the receipt of any advertising or marketing communications; (c) any transactions conducted through, by, or using the Services; or (d) any other aspect of your relationship or transactions with Beebzi.Ai as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement shall apply, without limitation, to all Claims that arose or were asserted before or after your agreement to this Agreement.
If you are a new Beebzi.AI user, you have the option to reject and opt-out of this Arbitration Agreement within 30 days of accepting this Agreement. To opt-out, please email Beebzi.AI at info@beebzi.ai with your first and last name, stating your intent to opt-out of the Arbitration Agreement. Please note that opting out of this Agreement does not affect any other provisions, including those regarding controlling law or the jurisdiction for disputes.
For any claims, both parties agree to first attempt to resolve the dispute informally by contacting us at info@beebzi.ai. In the unlikely event that Beebzi.AI is unable to resolve the claim after sixty (60) days, both parties agree to resolve the claim exclusively through binding arbitration by ICDR Canada before a single arbitrator (the "Arbitrator"), under the Expedited Procedures in effect for ICDR (the "Rules"), except as provided in this Agreement. In case of any conflict between the Rules and this Arbitration Agreement, this Agreement shall prevail. The Rules can be found at www.adr.org. The arbitration will take place in Canada where you reside or Toronto, unless both parties agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any ICDR filing, administrative, and arbitrator fees in accordance with ICDR rules. The arbitrator's award will include the costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert witnesses and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) ICDR may require you to pay a fee to initiate your case, unless you successfully obtain a fee waiver from ICDR; (ii) the arbitrator's award may include your arbitration costs, reasonable attorney's fees, and reasonable costs for expert witnesses and other witnesses; and (iii) you may file a claim in a small claims court of competent jurisdiction without engaging in arbitration first, but this does not release you from your commitment to the informal dispute resolution process. Any judgment on the arbitrator's award may be entered in any court with competent jurisdiction. Both parties agree that the Arbitrator, and not any federal, Province, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that any part of this Agreement is void or voidable. The Arbitrator is also responsible for determining all threshold arbitrability issues, including issues related to the unconscionability or illusory nature of the Agreement and any defenses to arbitration, such as waiver, delay, laches, unconscionability, or estoppel.
This section does not prevent Beebzi.AI from seeking injunctive or other equitable relief from the courts to prevent actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights. It also does not prevent you from asserting claims in a small claims court, if your claims qualify and the matter remains in such court on an individual (non-class, non-representative) basis.
For any claims, both parties agree to first attempt to resolve the dispute informally by contacting us at info@beebzi.ai. In the unlikely event that Beebzi.AI is unable to resolve the claim after sixty (60) days, both parties agree to resolve the claim exclusively through binding arbitration by ICDR Canada before a single arbitrator (the "Arbitrator"), under the Expedited Procedures in effect for ICDR (the "Rules"), except as provided in this Agreement. In case of any conflict between the Rules and this Arbitration Agreement, this Agreement shall prevail. The Rules can be found at www.adr.org. The arbitration will take place in Canada where you reside or Toronto, unless both parties agree otherwise. If you are using the Services for commercial purposes, each party will be responsible for paying any ICDR filing, administrative, and arbitrator fees in accordance with ICDR rules. The arbitrator's award will include the costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert witnesses and other witnesses. If you are an individual using the Services for non-commercial purposes: (i) ICDR may require you to pay a fee to initiate your case, unless you successfully obtain a fee waiver from ICDR; (ii) the arbitrator's award may include your arbitration costs, reasonable attorney's fees, and reasonable costs for expert witnesses and other witnesses; and (iii) you may file a claim in a small claims court of competent jurisdiction without engaging in arbitration first, but this does not release you from your commitment to the informal dispute resolution process. Any judgment on the arbitrator's award may be entered in any court with competent jurisdiction. Both parties agree that the Arbitrator, and not any federal, Province, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement, including any claim that any part of this Agreement is void or voidable. The Arbitrator is also responsible for determining all threshold arbitrability issues, including issues related to the unconscionability or illusory nature of the Agreement and any defenses to arbitration, such as waiver, delay, laches, unconscionability, or estoppel.
This section does not prevent Beebzi.AI from seeking injunctive or other equitable relief from the courts to prevent actual or threatened infringement, misappropriation, or violation of our data security, intellectual property rights, or other proprietary rights. It also does not prevent you from asserting claims in a small claims court, if your claims qualify and the matter remains in such court on an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, shall be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, shall have no impact on the remaining provisions of the Arbitration Agreement, which shall remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other claims for relief subject to arbitration under this Arbitration Agreement shall be arbitrated under its terms, and the parties agree that litigation of any dispute regarding the entitlement to public injunctive relief shall be stayed pending the outcome of any individual claims in arbitration.
(c) Class Action/Jury Trial Waiver. REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICES FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL PERSONS AND ENTITIES MUST BRING ALL CLAIMS IN THEIR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY ALLEGED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER ALSO APPLIES TO CLASS ARBITRATION, AND, UNLESS OTHERWISE AGREED, THE ARBITRATOR MAY NOT CONSOLIDATE CLAIMS FROM MULTIPLE INDIVIDUALS. YOU AND BEEBZI.AI AGREE THAT THE ARBITRATOR MAY ONLY GRANT RELIEF TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY FOR THEIR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED WILL NOT IMPACT OTHER BEEBZI.AI USERS. BY ACCEPTING THIS AGREEMENT, YOU AND BEEBZI.AI FURTHER WAIVE YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING.
12. Miscellaneous
(a) Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Beebzi.AI in connection with the Services, shall constitute the entire agreement between you and Beebzi.AI concerning the Services. Except as otherwise stated in Section 11(b), if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
(b) Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. We will notify you of material modifications through direct email or visible banner in the Services. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. Beebzi.AI will provide at least 30 days’ advance notice of changes to any service level that Beebzi.AI reasonably anticipates may result in a material reduction in quality or services.
(c) Export Regulation. The Services utilize software and technology that may be subject to CANADA export control laws, including the Canada Export Development Act (EDC0 and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside the Canada.
(a) Entire Agreement/Severability. This Agreement, together with any amendments and any additional agreements you may enter into with Beebzi.AI in connection with the Services, shall constitute the entire agreement between you and Beebzi.AI concerning the Services. Except as otherwise stated in Section 11(b), if any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. The invalidity, illegality, or unenforceability of any provision herein does not affect any other provision herein or the validity, legality, or enforceability of such provision in any other jurisdiction.
(b) Modifications. You acknowledge and agree that we have the right, in our sole discretion, to modify this Agreement from time to time, and that modified terms become effective on posting. We will notify you of material modifications through direct email or visible banner in the Services. You are responsible for reviewing and becoming familiar with any such modifications. Your continued use of the Services after the effective date of the modifications will be deemed acceptance of the modified terms. Beebzi.AI will provide at least 30 days’ advance notice of changes to any service level that Beebzi.AI reasonably anticipates may result in a material reduction in quality or services.
(c) Export Regulation. The Services utilize software and technology that may be subject to CANADA export control laws, including the Canada Export Development Act (EDC0 and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Services or the software or technology included in the Services to, or make the Services or the software or technology included in the Services accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, regulation, or rule. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Services or the software or technology included in the Services available outside the Canada.
(d) US Government use. Each of the software components that constitute the Services and the Documentation is a “commercial product” as defined at 48 C.F.R. § 2.101, consisting of “commercial computer software” and “commercial computer software documentation” as used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor thereof, you receive only those rights with respect to the Services and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other US Government customers and their contractors.
(e) No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Beebzi.AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
(f) Notices. Unless otherwise provided for in this Agreement, any notices to us must be sent to our email at Info@beebzi.ai with a recieved receipt requested from us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. Beebzi.AI may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Beebzi.AI in our sole discretion. Beebzi.AI reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Beebzi.AI is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You shall also send an electronic copy of any notice to info@beebzi.ai.
(e) No Waiver. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Beebzi.AI's failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any failure to act by us with respect to a breach of this Agreement by you or others does not constitute a waiver and will not limit our rights with respect to such breach or any subsequent breaches.
(f) Notices. Unless otherwise provided for in this Agreement, any notices to us must be sent to our email at Info@beebzi.ai with a recieved receipt requested from us. Notwithstanding the foregoing, you hereby consent to receiving electronic communications from us. Beebzi.AI may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Beebzi.AI in our sole discretion. Beebzi.AI reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Beebzi.AI is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You shall also send an electronic copy of any notice to info@beebzi.ai.