support@babblebot.ai
This Terms of Service (this “Agreement”) is a contract between you and Origin Labs US LLC, a New York limited liability company (“Company”). You must read, agree to, and accept all the terms contained in this Agreement in order to access or use any of the following services and associated intellectual property (all collectively the “Services”):
a) The downloadable software in the nature of a mobile application, developed, owned and/or licensed by Company, entitled “BabbleBot” and related content (the “Mobile Application”); or
b) Any related software, websites and other services provided, directly or indirectly, by Company on which a link to this Agreement is displayed.
1.1 The terms “us”, “we”, and “our” refer to Company.
1.2 The terms “you” and “your” refer to both you and any natural or legal person on whose behalf you have entered this Agreement.
1.3 The term “Apple” refers to any and all legal persons included within the definitions of both “Apple” and “Apple-Affiliated Company” in the Apple privacy policy available on www.apple.com, as amended from time to time.
1.4 The term “Apple App Store” refers to the digital distribution platforms developed and maintained by Apple, including without limitation, the iTunes Store and the iOS Store.
1.5 The term “OpenAI” refers to OpenAI, L.L.C., a Delaware limited liability company with file number 3692745 and its affiliates.
1.6 The term “Personal Data” refers to any information relating to an identified or identifia-ble natural person (‘data subject’); an identifiable natural person is one who can be iden-tified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physi-cal, physiological, genetic, mental, economic, cultural or social identity of that natural person. Personal Data is in many ways the same as Personally Identifiable Information (PII). However, Personal Data is broader in scope and covers more data.
1.7 The term “Third-Party Services” refers to all websites, apps, widgets or other services that are not owned or operated by Company and are accessible or utilized, directly or in-directly, via the Services.
1.8 The term "User" refers to someone who has downloaded the Mobile App or who other-wise uses the Services.
2.1 You understand and accept that we process information about you in accordance with our Privacy Policy. By using our Services, you consent to such processing and you warrant that all data provided by you is accurate.
2.2 By using or accessing the Services, you permit Company to allow certain third-party ser-vice providers to access your information, including but not limited to, Personal Data, for the purposes outlined in the Privacy Policy, as amended from time to time.
2.3 Subject to any terms to the contrary in the Privacy Policy, you understand and accept that: (1) Company is not responsible for keeping or maintaining a copy or details of any Per-sonal Data; and (2) If for any reason the Services are withdrawn or shutdown, Company is under no obligation to provide you with a copy of Your Personal Data, or the Personal Da-ta of any other User.
2.4 By using the Services, you consent to the storage of your Personal Data on servers that may, for a period, be outside your country of residence.
3.1 You must be at least 13 years old to use the Services. If you are under 18 you must have your parent or legal guardian’s permission to use the Services. If you use the Services on behalf of another person or entity, you must have the authority to accept this Agreement on their behalf.
3.2 To the maximum extent permitted by applicable law, Company reserves the right to re-fuse to offer, in its sole discretion, the Services to any person or entity that Company has reasonable grounds to believe is ineligible to use the Services in accordance with this Agreement.
3.3 Company reserves the right to change its eligibility criteria at any time.
4.1 You accept that Company owns all rights, title, and interest in and to the Services.
4.2 Company grants you a personal, worldwide, revocable, non-sublicensable, non-assignable and non-exclusive license to access and use the Services (the “License” ), subject to this Agreement. This License is for the sole purpose of enabling you to use and enjoy the ben-efit of the Services as provided by Company, in the manner: (1) reasonably contemplated and intended by Company; and (2) permitted by the terms of this Agreement.
4.3 The License is freely revocable and terminable by Company at any time, without cause and in the sole discretion of Company. Upon revocation or termination of the License, you shall, and hereby agree to, if requested by Company, delete or destroy any materials (electronic or otherwise) owned by Company that are related to the Services and remain in your possession or control, and acknowledge that after such revocation or termination Company may deny your access to the Services in its sole discretion.
4.4 You must comply with all the terms of this Agreement and all applicable laws when using the Services.
5.1 You may provide input to the Services ( “Input”), and receive output generated and re-turned by the Services based on the Input ( “Output” ). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with this Agreement, to the extent Company owns any Output, Company hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with this Agreement. You are responsible for Content, including for ensuring that it does not violate any applicable law or this Agree-ment.
5.2 Due to the nature of machine learning, Output may not be unique across Users and the Services may generate the same or similar output for Company or a third party. Other Users may also ask similar questions and receive the same response. Responses that are requested by and generated for other Users are not considered your Content.
5.3 The Services rely on artificial intelligence and machine learning, which are rapidly evolv-ing fields of study. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
6.1 Nothing in this Agreement shall be deemed to constitute or create a partnership, joint venture, agency or employment relationship, as a matter of fact, between you, and/or any other User or third-party, and Company and/or Our Affiliates.
6.2 Neither party shall have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
6.3 Any third party software, services, or other products you use in connection with the Ser-vices are subject to their own terms, and we are not responsible for third party products.
7.1 You must ensure that all persons who access the Services through a device that you own or control, or on whose behalf you have entered this Agreement, comply with these Terms of Service, and that you shall use best efforts to ensure that all such persons com-ply with these Terms of Service.
7.2 You may only use the Services in geographies currently supported by OpenAI, a list of which is available at https://platform.openai.com/docs/supported-countries.
7.3 You must not use any names, logos or trademarks, owned by, or used in commerce by, Company and/or Our Affiliates, including, without limitation, the term “Babblebot” (Col-lectively, “Brands” ), or use terms or logos that are so similar to the Brands as to cause a likelihood of confusion with the Brands, without the prior written consent of Company.
7.4 You must not:
8.1 You agree that we may use your feedback, suggestions, enhancement requests, feature requests, recommendations, corrections and/or ideas (hereinafter referred to as "Feed-back" ) in any way, including, but not limited to, in future modifications of the Services, in other products or services, in advertising and in marketing materials. You agree to grant Company a nonexclusive, irrevocable, royalty-free, worldwide license to use, incorporate, edit, modify, publicly display, advertise, reproduce and distribute such Feedback for any purpose, including producing derivative works, or incorporating it into other works. Com-pany will hold this license indefinitely.
8.2 You also agree that you do not have any claim to any intellectual property or derivative work produced by Company that is based in any part or in any way on any Feedback you may give or offer to us at any time. You further acknowledge that, by accepting your Feedback, Company does not waive any rights to use similar or related Feedback previ-ously known to us, or developed by our employees, or obtained from sources other than you.
8.3 Company shall hold all irrevocable licenses described in this Agreement indefinitely.
9.1 We reserve the right to investigate complaints or reported violations of this Agreement and take any action we deem appropriate, including but not limited to reporting any sus-pected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relat-ing to your Personal Data.
9.2 You accept and understand that Company, to the maximum extent permitted by applica-ble law, is not under an obligation to investigate complaints or reported violations of this Agreement.
10.1 You agree that all disputes between you and any other User or third party shall be re-solved or settled between you and such other User or third party directly, and not with Company.
11.1 You shall be responsible for all fees charged by third parties to access and use the Ser-vices (e.g., charges by Carriers). Without limiting the foregoing, you are solely responsi-ble for payment of all applicable fees related to any Carrier service plan you use in con-nection with your use of the Services (such as voice, data, SMS, MMS, roaming, and other applicable fees charged by the Carrier).
12.1 If you download or access any part of the Services via the Apple App Store you agree to the following:
12.2 If you download or access any part of the Services via the Apple App Store you hereby represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
12.3 We reserve the right to remove the Mobile Application from the Apple App Store at any time, for any reason, and without explanation.
13.1 This Agreement takes effect when you first use the Services and remain in effect until terminated.
13.2 You may terminate this Agreement at any time for any reason by discontinuing the use of the Services and Content.
13.3 We may terminate this Agreement immediately upon notice to you if you materially breach Sections 3 (Eligibility), 7 (User Conduct), 9 (Unlawful Activity) or 16 (Dispute Reso-lution, Choice of Law and Jurisdiction), if there are changes in relationships with third par-ty technology providers outside of our control, or to comply with law or government re-quests.
13.4 We may terminate this Agreement for any reason other than those outlined in Section 13.3 above by providing you at least 14 calendar days’ advance notice.
13.5 We may suspend your access to the Services if you do not comply with this Agreement, if your use poses a security risk to us or any third party, or if we suspect that your use is fraudulent or could subject us or any third party to liability.
13.6 The sections of this Agreement which by their nature should survive termination or expi-ration should survive, including but not limited to, Section 5 (Content), Section 7 (User Conduct), Section 13 (Term and Termination of Use), Section 14 (Disclaimers), Section 15 (Limitation of Liability), Section 16 (Dispute Resolution, Choice of Law and Jurisdiction), Section 17 (Indemnification) and Section 18 (Severability and Survival).
16.1 This Agreement will be treated as if it were executed and performed in Queens County, New York State, and will be governed by and construed in accordance with the laws of the state of New York without regard to conflict of law provisions.
16.2 You further agree to submit to the personal jurisdiction and venue of courts in Queens County, New York State.
16.3 Company reserves the right to limit the availability of the Services to any person, geo-graphical area or jurisdiction, in any manner and at any time in its sole discretion.
16.4 We would like to understand and try to address your concerns prior to formal legal ac-tion. Before filing a claim against Company, you agree to try to resolve the dispute infor-mally by sending us notice at support@babblebot.ai of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days of receipt of the notice, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process. Company reserves the right to determine at its sole discretion the means, methods and processes by which issues will be resolved, with the goal of a satisfactory resolution for all parties.
17.1 You shall defend, indemnify, and hold harmless us, and Our Affiliates, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of this Agreement or violation of appli-cable law.
17.2 No party to this Agreement shall be entitled to any form of implied or equitable indemni-fication at any time, whether based on a theory of contract, torts (including negligence), strict liability or otherwise, and any right thereto is hereby irrevocably waived and dis-claimed by each of the parties.
18.1 You agree that if any clauses in this Agreement are found by a proper authority to be un-enforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and in such event, such provision shall be changed and/or interpreted so as to best accomplish the objectives of such unenforceable or inva-lid provision within the limits of applicable law or applicable court decisions.
18.2 Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision, nor of the right to enforce such provision.
18.3 To the maximum extent permitted by applicable law, our rights under this section will survive any termination of this Agreement.
19.1 If you believe that your intellectual property rights have been infringed, please send no-tice to the address below. We may delete or disable content alleged to be infringing and may terminate access of repeat infringers.
19.2 Written claims concerning copyright infringement must include the following infor-mation:
20.1 The prices charged for premium services, in-app purchases or other subscription fees re-lated to your use of the Services (“Fees” ), if any, shall be determined by Company in its sole discretion.
20.2 Company reserves the right to change the Fees at any time.
20.3 Unless specified otherwise in writing, all Fees shall be deemed to be in U.S. Dollars.
20.4 We may send you a notice of non-payment if we do not receive payment towards any Fees by the due date for your account. We must receive payments due within a maximum of 15 days from the date we send you a notice of non-payment. If We do not receive payment within the foregoing time period, in addition to our right to other remedies available under law, we may (i) charge a compound interest for late payment at a rate of 1.2% per month or the maximum rate permitted by applicable law, whichever is lower, from the date such payment was due until the date paid and/or; (ii) suspend your access to and use of the Services until we receive such unpaid Fees and/or; (iii) terminate your account in accordance with this Agreement.
20.5 To the maximum extent permitted by applicable law (and unless specified otherwise in writing), all Fees are exclusive of all taxes, levies or duties imposed by tax authorities (“Taxes”).
20.6 You accept and understand that you shall be responsible for the payment of all applicable Taxes relating to the use of the Services, or to any payments or purchases made by you in relation to the Services.
20.7 If, at any point, it is determined that Company is obligated to collect or pay Taxes for the Fees payable by you, Company may add such Taxes to the payment of any outstanding Fees, regardless of whether such Taxes were previously added to earlier transactions or collected from you for earlier transactions.
20.8 If, at any time, we record a decline, chargeback or other rejection of a charge of any Fees payable by you, you agree and understand that this shall be considered a breach of your payment obligations hereunder, and we reserve the right to automatically terminate or disable your use of the Services.
20.9 To the maximum extent permitted by applicable law, all Fees and Taxes payable under this Agreement are non-refundable.
21.1 Assignment and Delegation. You may not assign or delegate any rights or obligations under this Agreement, including in connection with a change of control. Any purported assignment and delegation shall be null and void. We may assign this Agreement in con-nection with a merger, acquisition or sale of all or substantially all of our assets, or to any affiliate or as part of a corporate reorganization.
21.2 Modifications. We may amend this Agreement from time to time by posting a link to the revised version on the Mobile Application or other affected Services, or if an update ma-terially adversely affects your rights or obligations under this Agreement (“Material Changes”) we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Material Changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediate-ly. Your continued use of the Services after any change means you agree to such change.
21.3 Notices. All notices must be in writing. We may notify you using the email address asso-ciated with your use of the Services. Service will be deemed given on the date of receipt if delivered by email or on the date sent via courier if delivered by post. Company accepts notices via email at support@babblebot.ai.
21.4 Export Controls. The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Coun-tries” ) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Na-tionals, any other restricted party lists (existing now or in the future) identified by the Of-fice of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Em-bargoed Countries or Restricted Party Lists.
21.5 Equitable Remedies. You acknowledge that if you violate or breach this Agreement, it may cause irreparable harm to Company and Our Affiliates, and Company shall have the right to seek injunctive relief against you in addition to any other legal remedies
21.6 Entire Agreement. This Agreement and any policies incorporated in this Agreement con-tain the entire agreement between you and Company regarding the use of the Services and supersedes any prior or contemporaneous agreements, communications, or under-standings between you and Company on that subject.