Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
Subject to the terms, conditions and limitations set forth in the Terms, AI BUDDY, INC. grants you a nonexclusive, non-transferable and revocable license to use the App on any mobile device that you own or control for your personal, non-commercial use, except as otherwise permitted by this Agreement. AI BUDDY, INC. reserves all rights not expressly granted herein in the App or related applications or services. AI BUDDY, INC. may terminate this license at any time for any reason or no reason. The terms of the license will also govern any upgrades provided by AI BUDDY, INC. that replace and/or supplement the original AI BUDDY, INC. App, unless such upgrade is accompanied by a separate license, in which case the terms of that license will govern.
MOBILE SOFTWARE; RESTRICTIONS
We make available software to access the App via a mobile device ("Mobile Software"). To use the Mobile Software you must have a mobile device that is compatible with the Mobile Services. We do not warrant that the Mobile Software will be compatible with your mobile device. We hereby grant you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Software for one AI BUDDY, INC. account on one mobile device owned or leased solely by you, for your personal, non-commercial use, except as provided in these Terms. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Software, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Software to any third party or use the Mobile Software to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Software; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Software, features that prevent or restrict use or copying of any content accessible through the Mobile Software, or features that enforce limitations on use of the Mobile Software; or (v) delete the copyright and/or other proprietary rights notices on the Mobile Software. You acknowledge that we may from time to time issue upgraded versions of the Mobile Software, and may automatically electronically upgrade the version of the Mobile Software that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Software is covered by the applicable open source or third-party license End User License Agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Mobile Software or any copy thereof, and we or our third party partners or suppliers retain all right, title, and interest in the Mobile Software (and any copy thereof).
APPLE APP STORE SUBSCRIPTION
A subscription provides access to all content and educational curriculum in the App as long as it is active.
GOOGLE PLAY SUBSCRIPTION
A subscription provides access to all content and educational curriculum in the App as long as it is active.
You agree that you are solely responsible for your conduct (and the conduct of anyone using your account) with respect to the App, and you agree that you will not do any of the following in connection with the App:
Any use of the App in violation of the Terms may result in, among other things, termination or suspension of your rights to use the App.
Except for the license expressly stated in the Terms, you are not granted any rights in or to the App by implication, estoppel, or other legal theory, and all rights in and to the App not expressly granted in the Terms are hereby reserved and retained by AI BUDDY, INC. All information, materials and content including, but not limited to, text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, typefaces, source and object code, format, queries, algorithms, and other content (collectively "AI BUDDY, INC. Material") is owned by AI BUDDY, INC. or is used with permission. This AI BUDDY, INC. Material is protected in all forms, media and technologies now known or hereinafter developed.
SUSPENSION AND TERMINATION
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
CONSENT TO USE OF DATA AND COMMUNICATIONS
SPEECH DATA, RECORDINGS AND THIRD PARTY COMPONENTS
You acknowledge and agree that when users interact with the App, AI BUDDY, INC. may capture audio recordings. You agree that AI BUDDY, INC. and its licensors and contractors may use, transcribe and store any such Recordings and any speech data contained therein (the "Speech Data"), including your voice as may be captured therein, to provide and maintain the App, to develop, tune, test, enhance or improve speech recognition technology and artificial intelligence algorithms, to develop acoustic and language models, and for other research and development purposes.
AI BUDDY, INC. and/or its licensors will not use the information contained in any Speech Data for any purpose except as set forth above.
THIRD PARTY COMPONENTS
the App utilizes technology provided by third parties (including, but not limited to, Apple, Inc. ("Apple") and Google, LLC ("Google")). By using the App you agree to the terms and conditions set forth at https://developer.apple.com/terms/ (which may be modified by Apple from time-to-time and are incorporated into the Terms by reference), as well as https://play.google.com/about/developer-distribution-agreement.html (which may be modified by Google from time-to-time and are incorporated into the Terms by reference), as well as to the terms and conditions of any other third party technology providers utilized by the App.
The service and its original content, functionality and features are and will remain the exclusive property of AI BUDDY INC. The service is protected by trademark, copyright, and other laws of the US and foreign countries. Budd.ai name, logos and any other AI Buddy, Inc. product, service name or slogan included in the App are trademarks of AI Buddy, Inc. and may not be copied, imitated or used, in whole or in part, without the prior written permission of AI Buddy, Inc. In addition, the look and feel of the App, including all custom graphics, button icons and scripts are the service marks, trademarks and/or trade dress of AI Buddy, Inc. and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the App ("Third Party Trademarks") are the property of their respective owners, and the use of such Third Party Trademarks will inure to the benefit of each trademark owner. The use of such Third Party Trademarks is intended to denote interoperability and does not constitute: (i) an affiliation by AI Buddy, Inc. and its licensors with such company; or (ii) an endorsement or approval by such company of AI Buddy, Inc. and its licensors and its products or services.
THIRD PARTY HYPERLINKS
Our Service may contain links to third-party web sites or services that are not owned or controlled by AI BUDDY, INC. AI BUDDY, INC. has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. You further acknowledge and agree that AI BUDDY, INC. shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. We highly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
LIMITATION OF LIABILITY
In no event shall AI BUDDY, INC. or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special or incidental damage (including, without limitation, damage for loss of business, contract, revenue, data, information or business interruption), under any theory of liability
In no event shall AI BUDDY, INC. or any of its affiliates be liable for any direct, indirect, consequential, exemplary, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption), under any theory of liability, resulting from, arising out of or in connection with the use of, or inability to use the App,its material, or any AI BUDDY, INC. products or services, the statements or actions of any third party on or through any products or services provided by AI BUDDY, INC. or its subsidiaries, any unauthorized access to or alteration of your transmission or data, any information that is sent or received, or not sent or received, any failure to store data, any loss of data, loss or damage to files, loss or damage to the App, any services available through the the App or any other product provided by AI BUDDY, INC., that are delayed or interrupted, even if AI BUDDY, INC. has been advised of the possibility of such damages. Any action brought against AI BUDDY, INC. pertaining to or in connection with the App must be commenced and notified to AI BUDDY, INC. in writing within one (1) year after the date the cause for action arose.
You expressly acknowledge and agree that your use of the App is at your sole risk. the App is provided on an "as is" and "as available" basis. AI BUDDY, INC. disclaims any and all warranties and representations (express or implied, oral or written) with respect to the terms, the App, its material, any AI BUDDY, INC. products and services, the recordings, third party sites and third party trademarks whether alleged to arise by operation of law, by reason of custom or usage in the trade, by course of dealing or otherwise, including any and all: (i) warranties of merchantability; (ii) warranties of fitness or suitability for any purpose (whether or not AI BUDDY, INC. knows, has reason to know, has been advised or is otherwise aware of any such purpose); and (iii) warranties of non-infringement or condition of title. AI BUDDY, INC. does not warrant that: (a) the functions contained in the App will be accurate or meet your requirements; (b) the operation of the App will be uninterrupted or error-free; or (c) any defects in the App will be corrected. No oral or written information, guidelines or advice given by AI BUDDY, INC. or its authorized representative will create a warranty.
You agree, at your sole expense, to defend, indemnify and hold us and our licensors, harmless from and against any and all actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs and expenses, including the assessment, claim or demand by a governmental agency or entity (including, but not limited to, reasonable attorney fees, costs, penalties, interest and disbursements) caused by, arising out of, resulting from, attributable to or in any way incidental to: (i) your conduct; or (ii) your violation (or alleged violation) of the Terms or the rights of any third party.
GOVERNING LAW; ARBITRATION
PLEASE READ THE FOLLOWING PARAGRAPH CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH AI BUDDY, INC. AND IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM AI BUDDY, INC.
You and AI BUDDY, INC. agree to arbitrate any dispute arising from the Terms or relating to the App, except that you and AI BUDDY, INC. are not required to arbitrate any dispute in which either party seeks equitable or other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL.
You and AI BUDDY, INC. agree that you will notify each other of any dispute within 30 days of when it arises, that you will attempt informal resolution prior to any demand for arbitration, that any arbitration will occur in San Francisco, California and that arbitration will be conducted confidentially by a single arbitrator in accordance with the Rules of the American Arbitration Association. You and AI BUDDY, INC. also agree that the state or federal courts in San Francisco County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. WHETHER THE DISPUTE IS HEARD IN ARBITRATION OR IN COURT, YOU AND AI BUDDY, INC. WILL NOT COMMENCE AGAINST THE OTHER A CLASS ACTION, CLASS ARBITRATION OR OTHER REPRESENTATIVE ACTION OR PROCEEDING.
These Terms of Service shall be governed by and construed in accordance with the laws of the State of California without regard to its principles of conflict of laws. Please note that some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer's country. This paragraph doesn't override those laws.
The parties hereto further agree that the UN Convention on Contracts for the International Sale of Goods (Vienna, 1980) shall not apply to this Agreement or to any dispute or transaction arising out of this Agreement.
MODIFICATIONS TO THE APP
AI BUDDY, INC. reserves the right in its sole discretion to review, improve, modify or discontinue, temporarily or permanently, the App and/or any features, information, materials or content on the App with or without notice to you. You agree that AI BUDDY, INC. will not be liable to you or any third party for any modification or discontinuance of the App or any portion thereof.
NO THIRD PARTY BENEFICIARIES
Except as otherwise expressly elsewhere in the Terms, there will be no third party beneficiaries to the Terms.
AI BUDDY, INC. respects the intellectual property rights of others and expects its users to do the same.
In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf, and other applicable law, AI BUDDY, INC. has adopted a policy of terminating, in appropriate circumstances and at AI BUDDY, INC.'s sole discretion, account holders who are deemed to be repeat infringers. AI BUDDY, INC. may also, at its sole discretion, limit access to the App and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. AI BUDDY, INC. will respond to claims of copyright infringement committed using the App that are reported to AI BUDDY, INC.'s Designated Copyright Agent, identified in the sample notice below.
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the App by completing the following DMCA Notice of Alleged Infringement and delivering it to AI BUDDY, INC.'s Designated Copyright Agent. Upon receipt of the Notice as described below, AI Buddy, Inc. will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the App.
DMCA Notice of Alleged Infringement ("Notice"):
Identify the copyrighted work that you claim has been infringed, or if multiple copyrighted works are covered by this Notice you may provide a representative list of the copyrighted works that you claim have been infringed.
Identify the material that you claim is infringing (or the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the App where such material may be found.
Provide your mailing address, telephone number, and, if available, email address.
Include both of the following statements in the body of the Notice: (i) "I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)"; and (ii) "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
Provide your full legal name and your electronic or physical signature.
Deliver this Notice, with all items completed, to AI BUDDY, INC.'s Designated Copyright Agent:
AI BUDDY, INC.
490 Post Street, Suite 526
San Francisco, CA 94102, US
You may not use or otherwise export or re-export the App except as authorized by United States law and the laws of the jurisdiction in which the App was obtained. In particular, but without limitation, the Application may not be exported or re-exported (i) into any U.S. embargoed countries or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List. By using the App, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use the App for any purposes prohibited by United States law, including, but not limited to, the development, design, manufacture or production of nuclear, missiles, or chemical or biological weapons.
US GOVERNMENT RIGHTS
The App and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (i) only as Commercial Items and (ii) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
MAINTENANCE AND SUPPORT
AI BUDDY, INC. is solely responsible for providing maintenance and support services with respect to the App. You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App.
Any suggestions, comments or other feedback provided by you or your children to us with respect to the App and/or our products and services will constitute our confidential information. We will be free to use, disclose, reproduce, license and otherwise distribute, and exploit this feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
You 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.
DEVELOPER NAME AND ADDRESS
Any end-user questions, complaints or claims with respect to the App should be directed to:
AI BUDDY, INC.