TERMS AND CONDITIONS
Last updated June 1, 2023
AGREEMENT TO OUR LEGAL TERMS
We are BITEBACK.AI LTD ('Company', 'we', 'us', or 'our').
We operate the website https://biteback.ai (the 'Site'), the mobile
application Biteback (the 'App'), as well as any other related products and
services that refer or link to these legal terms (the 'Legal Terms')
(collectively, the 'Services').
You can contact us by email at termsofservice@biteback.ai.
These Legal Terms constitute a legally binding agreement made between you,
whether personally or on behalf of an entity ('you'), and BITEBACK.AI LTD,
concerning your access to and use of the Services. You agree that by
accessing the Services, you have read, understood, and agreed to be bound by
all of these Legal Terms. IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS,
THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SERVICES AND YOU MUST
DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the
Services from time to time are hereby expressly incorporated herein by
reference. We reserve the right, in our sole discretion, to make changes or
modifications to these Legal Terms from time to time. We will alert you
about any changes by updating the 'Last updated' date of these Legal Terms,
and you waive any right to receive specific notice of each such change. It
is your responsibility to periodically review these Legal Terms to stay
informed of updates. You will be subject to, and will be deemed to have been
made aware of and to have accepted, the changes in any revised Legal Terms
by your continued use of the Services after the date such revised Legal
Terms are posted.
The Services are intended for users who are at least 18 years old. Persons
under the age of 18 are not permitted to use or register for the Services.
We recommend that you print a copy of these Legal Terms for your records.
TABLE OF CONTENTS
1. OUR SERVICES
2. INTELLECTUAL PROPERTY RIGHTS
3. USER REPRESENTATIONS
4. USER REGISTRATION
5. PURCHASES AND PAYMENT
6. POLICY
7. PROHIBITED ACTIVITIES
8. USER GENERATED CONTRIBUTIONS
9. CONTRIBUTION LICENCE
10. GUIDELINES FOR REVIEWS
11. MOBILE APPLICATION LICENCE
12. THIRD-PARTY WEBSITES AND CONTENT
13. SERVICES MANAGEMENT
14. PRIVACY POLICY
15. TERM AND TERMINATION
16. MODIFICATIONS AND INTERRUPTIONS
17. GOVERNING LAW
18. DISPUTE RESOLUTION
19. CORRECTIONS
20. DISCLAIMER
21. LIMITATIONS OF LIABILITY
22. INDEMNIFICATION
23. USER DATA
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
25. CALIFORNIA USERS AND RESIDENTS
26. MISCELLANEOUS
27. CONTACT US
1. OUR SERVICES
The information provided when using the Services is not intended for
distribution to or use by any person or entity in any jurisdiction or
country where such distribution or use would be contrary to law or
regulation or which would subject us to any registration requirement within
such jurisdiction or country. Accordingly, those persons who choose to
access the Services from other locations do so on their own initiative and
are solely responsible for compliance with local laws, if and to the extent
local laws are applicable.
The Services are not tailored to comply with industry-specific regulations
(Health Insurance Portability and Accountability Act (HIPAA), Federal
Information Security Management Act (FISMA), etc.), so if your interactions
would be subjected to such laws, you may not use the Services. You may not
use the Services in a way that would violate the Gramm-Leach-Bliley Act
(GLBA).
2. INTELLECTUAL PROPERTY RIGHTS
Our intellectual property
We are the owner or the licensee of all intellectual property rights in our
Services, including all source code, databases, functionality, software,
website designs, audio, video, text, photographs, and graphics in the
Services (collectively, the 'Content'), as well as the trademarks, service
marks, and logos contained therein (the 'Marks').
Our Content and Marks are protected by copyright and trademark laws (and
various other intellectual property rights and unfair competition laws) and
treaties in the United States and around the world.
The Content and Marks are provided in or through the Services 'AS IS' for
your internal business purpose only.
Your use of our Services
Subject to your compliance with these Legal Terms, including the 'PROHIBITED
ACTIVITIES' section below, we grant you a non-exclusive, non-transferable,
revocable licence to:
access the Services; and
download or print a copy of any portion of the Content to which you have
properly gained access.
solely for your internal business purpose.
Except as set out in this section or elsewhere in our Legal Terms, no part
of the Services and no Content or Marks may be copied, reproduced,
aggregated, republished, uploaded, posted, publicly displayed, encoded,
translated, transmitted, distributed, sold, licensed, or otherwise exploited
for any commercial purpose whatsoever, without our express prior written
permission.
If you wish to make any use of the Services, Content, or Marks other than as
set out in this section or elsewhere in our Legal Terms, please address your
request to: termsofservice@biteback.ai. If we ever grant you the permission
to post, reproduce, or publicly display any part of our Services or Content,
you must identify us as the owners or licensors of the Services, Content, or
Marks and ensure that any copyright or proprietary notice appears or is
visible on posting, reproducing, or displaying our Content.
We reserve all rights not expressly granted to you in and to the Services,
Content, and Marks.
Any breach of these Intellectual Property Rights will constitute a material
breach of our Legal Terms and your right to use our Services will terminate
immediately.
Your submissions and contributions
Please review this section and the 'PROHIBITED ACTIVITIES' section carefully
prior to using our Services to understand the (a) rights you give us and (b)
obligations you have when you post or upload any content through the
Services.
Submissions: By directly sending us any question, comment, suggestion, idea,
feedback, or other information about the Services ('Submissions'), you agree
to assign to us all intellectual property rights in such Submission. You
agree that we shall own this Submission and be entitled to its unrestricted
use and dissemination for any lawful purpose, commercial or otherwise,
without acknowledgment or compensation to you.
Contributions: The Services may invite you to chat, contribute to, or
participate in blogs, message boards, online forums, and other functionality
during which you may create, submit, post, display, transmit, publish,
distribute, or broadcast content and materials to us or through the
Services, including but not limited to text, writings, video, audio,
photographs, music, graphics, comments, reviews, rating suggestions,
personal information, or other material ('Contributions'). Any Submission
that is publicly posted shall also be treated as a Contribution.
You understand that Contributions may be viewable by other users of the
Services and possibly through third-party websites.
When you post Contributions, you grant us a licence (including use of your
name, trademarks, and logos): By posting any Contributions, you grant us an
unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to:
use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle,
store, publicly perform, publicly display, reformat, translate, excerpt (in
whole or in part), and exploit your Contributions (including, without
limitation, your image, name, and voice) for any purpose, commercial,
advertising, or otherwise, to prepare derivative works of, or incorporate
into other works, your Contributions, and to sublicence the licences granted
in this section. Our use and distribution may occur in any media formats and
through any media channels.
This licence includes our use of your name, company name, and franchise
name, as applicable, and any of the trademarks, service marks, trade names,
logos, and personal and commercial images you provide.
You are responsible for what you post or upload: By sending us Submissions
and/or posting Contributions through any part of the Services or making
Contributions accessible through the Services by linking your account
through the Services to any of your social networking accounts, you:
confirm that you have read and agree with our 'PROHIBITED ACTIVITIES' and
will not post, send, publish, upload, or transmit through the Services any
Submission nor post any Contribution that is illegal, harassing, hateful,
harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening
to any person or group, sexually explicit, false, inaccurate, deceitful, or
misleading;
to the extent permissible by applicable law, waive any and all moral rights
to any such Submission and/or Contribution;
warrant that any such Submission and/or Contributions are original to you or
that you have the necessary rights and licences to submit such Submissions
and/or Contributions and that you have full authority to grant us the
above-mentioned rights in relation to your Submissions and/or Contributions;
and
warrant and represent that your Submissions and/or Contributions do not
constitute confidential information.
You are solely responsible for your Submissions and/or Contributions and you
expressly agree to reimburse us for any and all losses that we may suffer
because of your breach of (a) this section, (b) any third party’s
intellectual property rights, or (c) applicable law.
We may remove or edit your Content: Although we have no obligation to
monitor any Contributions, we shall have the right to remove or edit any
Contributions at any time without notice if in our reasonable opinion we
consider such Contributions harmful or in breach of these Legal Terms. If we
remove or edit any such Contributions, we may also suspend or disable your
account and report you to the authorities.
3. USER REPRESENTATIONS
By using the Services, you represent and warrant that: (1) all registration
information you submit will be true, accurate, current, and complete; (2)
you will maintain the accuracy of such information and promptly update such
registration information as necessary; (3) you have the legal capacity and
you agree to comply with these Legal Terms; (4) you are not a minor in the
jurisdiction in which you reside; (5) you will not access the Services
through automated or non-human means, whether through a bot, script or
otherwise; (6) you will not use the Services for any illegal or unauthorised
purpose; and (7) your use of the Services will not violate any applicable
law or regulation.
If you provide any information that is untrue, inaccurate, not current, or
incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Services (or any portion
thereof).
4. USER REGISTRATION
You may be required to register to use the Services. You agree to keep your
password confidential and will be responsible for all use of your account
and password. We reserve the right to remove, reclaim, or change a username
you select if we determine, in our sole discretion, that such username is
inappropriate, obscene, or otherwise objectionable.
5. PURCHASES AND PAYMENT
We accept the following forms of payment:
- Visa
- Mastercard
- American Express
- Discover
- PayPal
You agree to provide current, complete, and accurate purchase and account
information for all purchases made via the Services. You further agree to
promptly update account and payment information, including email address,
payment method, and payment card expiration date, so that we can complete
your transactions and contact you as needed. Sales tax will be added to the
price of purchases as deemed required by us. We may change prices at any
time. All payments shall be in GBP.
You agree to pay all charges at the prices then in effect for your purchases
and any applicable shipping fees, and you authorise us to charge your chosen
payment provider for any such amounts upon placing your order. If your order
is subject to recurring charges, then you consent to our charging your
payment method on a recurring basis without requiring your prior approval
for each recurring charge, until such time as you cancel the applicable
order. We reserve the right to correct any errors or mistakes in pricing,
even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Services. We
may, in our sole discretion, limit or cancel quantities purchased per
person, per household, or per order. These restrictions may include orders
placed by or under the same customer account, the same payment method,
and/or orders that use the same billing or shipping address. We reserve the
right to limit or prohibit orders that, in our sole judgement, appear to be
placed by dealers, resellers, or distributors.
6. POLICY
All sales are final and no refund will be issued.
7. PROHIBITED ACTIVITIES
You may not access or use the Services for any purpose other than that for
which we make the Services available. The Services may not be used in
connection with any commercial endeavours except those that are specifically
endorsed or approved by us.
As a user of the Services, you agree not to:
Systematically retrieve data or other content from the Services to create or
compile, directly or indirectly, a collection, compilation, database, or
directory without written permission from us.
Trick, defraud, or mislead us and other users, especially in any attempt to
learn sensitive account information such as user passwords.
Circumvent, disable, or otherwise interfere with security-related features
of the Services, including features that prevent or restrict the use or
copying of any Content or enforce limitations on the use of the Services
and/or the Content contained therein.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the
Services.
Use any information obtained from the Services in order to harass, abuse, or
harm another person.
Make improper use of our support services or submit false reports of abuse
or misconduct.
Use the Services in a manner inconsistent with any applicable laws or
regulations.
Engage in unauthorised framing of or linking to the Services.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan
horses, or other material, including excessive use of capital letters and
spamming (continuous posting of repetitive text), that interferes with any
party’s uninterrupted use and enjoyment of the Services or modifies,
impairs, disrupts, alters, or interferes with the use, features, functions,
operation, or maintenance of the Services.
Engage in any automated use of the system, such as using scripts to send
comments or messages, or using any data mining, robots, or similar data
gathering and extraction tools.
Delete the copyright or other proprietary rights notice from any Content.
Attempt to impersonate another user or person or use the username of another
user.
Upload or transmit (or attempt to upload or to transmit) any material that
acts as a passive or active information collection or transmission
mechanism, including without limitation, clear graphics interchange formats
('gifs'), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes
referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').
Interfere with, disrupt, or create an undue burden on the Services or the
networks or services connected to the Services.
Harass, annoy, intimidate, or threaten any of our employees or agents
engaged in providing any portion of the Services to you.
Attempt to bypass any measures of the Services designed to prevent or
restrict access to the Services, or any portion of the Services.
Copy or adapt the Services' software, including but not limited to Flash,
PHP, HTML, JavaScript, or other code.
Except as permitted by applicable law, decipher, decompile, disassemble, or
reverse engineer any of the software comprising or in any way making up a
part of the Services.
Except as may be the result of standard search engine or Internet browser
usage, use, launch, develop, or distribute any automated system, including
without limitation, any spider, robot, cheat utility, scraper, or offline
reader that accesses the Services, or use or launch any unauthorised script
or other software.
Use a buying agent or purchasing agent to make purchases on the Services.
Make any unauthorised use of the Services, including collecting usernames
and/or email addresses of users by electronic or other means for the purpose
of sending unsolicited email, or creating user accounts by automated means
or under false pretences.
Use the Services as part of any effort to compete with us or otherwise use
the Services and/or the Content for any revenue-generating endeavour or
commercial enterprise.
8. USER GENERATED CONTRIBUTIONS
The Services may invite you to chat, contribute to, or participate in blogs,
message boards, online forums, and other functionality, and may provide you
with the opportunity to create, submit, post, display, transmit, perform,
publish, distribute, or broadcast content and materials to us or on the
Services, including but not limited to text, writings, video, audio,
photographs, graphics, comments, suggestions, or personal information or
other material (collectively, 'Contributions'). Contributions may be
viewable by other users of the Services and through third-party websites. As
such, any Contributions you transmit may be treated as non-confidential and
non-proprietary. When you create or make available any Contributions, you
thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance,
and the accessing, downloading, or copying of your Contributions do not and
will not infringe the proprietary rights, including but not limited to the
copyright, patent, trademark, trade secret, or moral rights of any third
party.
You are the creator and owner of or have the necessary licences, rights,
consents, releases, and permissions to use and to authorise us, the
Services, and other users of the Services to use your Contributions in any
manner contemplated by the Services and these Legal Terms.
You have the written consent, release, and/or permission of each and every
identifiable individual person in your Contributions to use the name or
likeness of each and every such identifiable individual person to enable
inclusion and use of your Contributions in any manner contemplated by the
Services and these Legal Terms.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorised advertising,
promotional materials, pyramid schemes, chain letters, spam, mass mailings,
or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent,
harassing, libellous, slanderous, or otherwise objectionable (as determined
by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse
anyone.
Your Contributions are not used to harass or threaten (in the legal sense of
those terms) any other person and to promote violence against a specific
person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any
third party.
Your Contributions do not violate any applicable law concerning child
pornography, or otherwise intended to protect the health or well-being of
minors.
Your Contributions do not include any offensive comments that are connected
to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that
violates, any provision of these Legal Terms, or any applicable law or
regulation.
Any use of the Services in violation of the foregoing violates these Legal
Terms and may result in, among other things, termination or suspension of
your rights to use the Services.
9. CONTRIBUTION LICENCE
By posting your Contributions to any part of the Services, you automatically
grant, and you represent and warrant that you have the right to grant, to us
an unrestricted, unlimited, irrevocable, perpetual, non-exclusive,
transferable, royalty-free, fully-paid, worldwide right, and licence to
host, use, copy, reproduce, disclose, sell, resell, publish, broadcast,
retitle, archive, store, cache, publicly perform, publicly display,
reformat, translate, transmit, excerpt (in whole or in part), and distribute
such Contributions (including, without limitation, your image and voice) for
any purpose, commercial, advertising, or otherwise, and to prepare
derivative works of, or incorporate into other works, such Contributions,
and grant and authorise sublicences of the foregoing. The use and
distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or
hereafter developed, and includes our use of your name, company name, and
franchise name, as applicable, and any of the trademarks, service marks,
trade names, logos, and personal and commercial images you provide. You
waive all moral rights in your Contributions, and you warrant that moral
rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full
ownership of all of your Contributions and any intellectual property rights
or other proprietary rights associated with your Contributions. We are not
liable for any statements or representations in your Contributions provided
by you in any area on the Services. You are solely responsible for your
Contributions to the Services and you expressly agree to exonerate us from
any and all responsibility and to refrain from any legal action against us
regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact,
or otherwise change any Contributions; (2) to re-categorise any
Contributions to place them in more appropriate locations on the Services;
and (3) to pre-screen or delete any Contributions at any time and for any
reason, without notice. We have no obligation to monitor your Contributions.
10. GUIDELINES FOR REVIEWS
We may provide you areas on the Services to leave reviews or ratings. When
posting a review, you must comply with the following criteria: (1) you
should have firsthand experience with the person/entity being reviewed; (2)
your reviews should not contain offensive profanity, or abusive, racist,
offensive, or hateful language; (3) your reviews should not contain
discriminatory references based on religion, race, gender, national origin,
age, marital status, sexual orientation, or disability; (4) your reviews
should not contain references to illegal activity; (5) you should not be
affiliated with competitors if posting negative reviews; (6) you should not
make any conclusions as to the legality of conduct; (7) you may not post any
false or misleading statements; and (8) you may not organise a campaign
encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have
absolutely no obligation to screen reviews or to delete reviews, even if
anyone considers reviews objectionable or inaccurate. Reviews are not
endorsed by us, and do not necessarily represent our opinions or the views
of any of our affiliates or partners. We do not assume liability for any
review or for any claims, liabilities, or losses resulting from any review.
By posting a review, you hereby grant to us a perpetual, non-exclusive,
worldwide, royalty-free, fully paid, assignable, and sublicensable right and
licence to reproduce, modify, translate, transmit by any means, display,
perform, and/or distribute all content relating to review.
11. MOBILE APPLICATION LICENCE
Use Licence
If you access the Services via the App, then we grant you a revocable,
non-exclusive, non-transferable, limited right to install and use the App on
wireless electronic devices owned or controlled by you, and to access and
use the App on such devices strictly in accordance with the terms and
conditions of this mobile application licence contained in these Legal
Terms. You shall not: (1) except as permitted by applicable law, decompile,
reverse engineer, disassemble, attempt to derive the source code of, or
decrypt the App; (2) make any modification, adaptation, improvement,
enhancement, translation, or derivative work from the App; (3) violate any
applicable laws, rules, or regulations in connection with your access or use
of the App; (4) remove, alter, or obscure any proprietary notice (including
any notice of copyright or trademark) posted by us or the licensors of the
App; (5) use the App for any revenue-generating endeavour, commercial
enterprise, or other purpose for which it is not designed or intended; (6)
make the App available over a network or other environment permitting access
or use by multiple devices or users at the same time; (7) use the App for
creating a product, service, or software that is, directly or indirectly,
competitive with or in any way a substitute for the App; (8) use the App to
send automated queries to any website or to send any unsolicited commercial
email; or (9) use any proprietary information or any of our interfaces or
our other intellectual property in the design, development, manufacture,
licensing, or distribution of any applications, accessories, or devices for
use with the App.
Apple and Android Devices
The following terms apply when you use the App obtained from either the
Apple Store or Google Play (each an 'App Distributor') to access the
Services: (1) the licence granted to you for our App is limited to a
non-transferable licence to use the application on a device that utilises
the Apple iOS or Android operating systems, as applicable, and in accordance
with the usage rules set forth in the applicable App Distributor’s terms of
service; (2) we are responsible for providing any maintenance and support
services with respect to the App as specified in the terms and conditions of
this mobile application licence contained in these Legal Terms or as
otherwise required under applicable law, and you acknowledge that each App
Distributor has no obligation whatsoever to furnish any maintenance and
support services with respect to the App; (3) in the event of any failure of
the App to conform to any applicable warranty, you may notify the applicable
App Distributor, and the App Distributor, in accordance with its terms and
policies, may refund the purchase price, if any, paid for the App, and to
the maximum extent permitted by applicable law, the App Distributor will
have no other warranty obligation whatsoever with respect to the App; (4)
you represent and warrant that (i) you are not located in a country that is
subject to a US government embargo, or that has been designated by the US
government as a 'terrorist supporting' country and (ii) you are not listed
on any US government list of prohibited or restricted parties; (5) you must
comply with applicable third-party terms of agreement when using the App,
e.g. if you have a VoIP application, then you must not be in violation of
their wireless data service agreement when using the App; and (6) you
acknowledge and agree that the App Distributors are third-party
beneficiaries of the terms and conditions in this mobile application licence
contained in these Legal Terms, and that each App Distributor will have the
right (and will be deemed to have accepted the right) to enforce the terms
and conditions in this mobile application licence contained in these Legal
Terms against you as a third-party beneficiary thereof.
12. THIRD-PARTY WEBSITES AND CONTENT
The Services may contain (or you may be sent via the Site or App) links to
other websites ('Third-Party Websites') as well as articles, photographs,
text, graphics, pictures, designs, music, sound, video, information,
applications, software, and other content or items belonging to or
originating from third parties ('Third-Party Content'). Such Third-Party
Websites and Third-Party Content are not investigated, monitored, or checked
for accuracy, appropriateness, or completeness by us, and we are not
responsible for any Third-Party Websites accessed through the Services or
any Third-Party Content posted on, available through, or installed from the
Services, including the content, accuracy, offensiveness, opinions,
reliability, privacy practices, or other policies of or contained in the
Third-Party Websites or the Third-Party Content. Inclusion of, linking to,
or permitting the use or installation of any Third-Party Websites or any
Third-Party Content does not imply approval or endorsement thereof by us. If
you decide to leave the Services and access the Third-Party Websites or to
use or install any Third-Party Content, you do so at your own risk, and you
should be aware these Legal Terms no longer govern. You should review the
applicable terms and policies, including privacy and data gathering
practices, of any website to which you navigate from the Services or
relating to any applications you use or install from the Services. Any
purchases you make through Third-Party Websites will be through other
websites and from other companies, and we take no responsibility whatsoever
in relation to such purchases which are exclusively between you and the
applicable third party. You agree and acknowledge that we do not endorse the
products or services offered on Third-Party Websites and you shall hold us
blameless from any harm caused by your purchase of such products or
services. Additionally, you shall hold us blameless from any losses
sustained by you or harm caused to you relating to or resulting in any way
from any Third-Party Content or any contact with Third-Party Websites.
13. SERVICES MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Services
for violations of these Legal Terms; (2) take appropriate legal action
against anyone who, in our sole discretion, violates the law or these Legal
Terms, including without limitation, reporting such user to law enforcement
authorities; (3) in our sole discretion and without limitation, refuse,
restrict access to, limit the availability of, or disable (to the extent
technologically feasible) any of your Contributions or any portion thereof;
(4) in our sole discretion and without limitation, notice, or liability, to
remove from the Services or otherwise disable all files and content that are
excessive in size or are in any way burdensome to our systems; and (5)
otherwise manage the Services in a manner designed to protect our rights and
property and to facilitate the proper functioning of the Services.
14. PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:
https://biteback.ai/privacy.html. By using the Services, you agree to be
bound by our Privacy Policy, which is incorporated into these Legal Terms.
Please be advised the Services are hosted in the United Kingdom. If you
access the Services from any other region of the world with laws or other
requirements governing personal data collection, use, or disclosure that
differ from applicable laws in the United Kingdom, then through your
continued use of the Services, you are transferring your data to the United
Kingdom, and you expressly consent to have your data transferred to and
processed in the United Kingdom.
15. TERM AND TERMINATION
These Legal Terms shall remain in full force and effect while you use the
Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE LEGAL TERMS, WE
RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR
LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING
CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON,
INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR
COVENANT CONTAINED IN THESE LEGAL TERMS OR OF ANY APPLICABLE LAW OR
REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICES OR
DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY
TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited
from registering and creating a new account under your name, a fake or
borrowed name, or the name of any third party, even if you may be acting on
behalf of the third party. In addition to terminating or suspending your
account, we reserve the right to take appropriate legal action, including
without limitation pursuing civil, criminal, and injunctive redress.
16. MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the
Services at any time or for any reason at our sole discretion without
notice. However, we have no obligation to update any information on our
Services. We will not be liable to you or any third party for any
modification, price change, suspension, or discontinuance of the Services.
We cannot guarantee the Services will be available at all times. We may
experience hardware, software, or other problems or need to perform
maintenance related to the Services, resulting in interruptions, delays, or
errors. We reserve the right to change, revise, update, suspend,
discontinue, or otherwise modify the Services at any time or for any reason
without notice to you. You agree that we have no liability whatsoever for
any loss, damage, or inconvenience caused by your inability to access or use
the Services during any downtime or discontinuance of the Services. Nothing
in these Legal Terms will be construed to obligate us to maintain and
support the Services or to supply any corrections, updates, or releases in
connection therewith.
17. GOVERNING LAW
These Legal Terms are governed by and interpreted following the laws of the
United Kingdom, and the use of the United Nations Convention of Contracts
for the International Sales of Goods is expressly excluded. If your habitual
residence is in the EU, and you are a consumer, you additionally possess the
protection provided to you by obligatory provisions of the law in your
country to residence. BITEBACK.AI LTD and yourself both agree to submit to
the non-exclusive jurisdiction of the courts of London, which means that you
may make a claim to defend your consumer protection rights in regards to
these Legal Terms in the United Kingdom, or in the EU country in which you
reside.
18. DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or
claim related to these Legal Terms (each a 'Dispute' and collectively, the
'Disputes') brought by either you or us (individually, a 'Party' and
collectively, the 'Parties'), the Parties agree to first attempt to
negotiate any Dispute (except those Disputes expressly provided below)
informally for at least thirty (30) days before initiating arbitration. Such
informal negotiations commence upon written notice from one Party to the
other Party.
Binding Arbitration
Any dispute arising from the relationships between the Parties to these
Legal Terms shall be determined by one arbitrator who will be chosen in
accordance with the Arbitration and Internal Rules of the European Court of
Arbitration being part of the European Centre of Arbitration having its seat
in Strasbourg, and which are in force at the time the application for
arbitration is filed, and of which adoption of this clause constitutes
acceptance. The seat of arbitration shall be London, United Kingdom. The
language of the proceedings shall be English. Applicable rules of
substantive law shall be the law of the United Kingdom.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute
between the Parties individually. To the full extent permitted by law, (a)
no arbitration shall be joined with any other proceeding; (b) there is no
right or authority for any Dispute to be arbitrated on a class-action basis
or to utilise class action procedures; and (c) there is no right or
authority for any Dispute to be brought in a purported representative
capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above
provisions concerning informal negotiations binding arbitration: (a) any
Disputes seeking to enforce or protect, or concerning the validity of, any
of the intellectual property rights of a Party; (b) any Dispute related to,
or arising from, allegations of theft, piracy, invasion of privacy, or
unauthorised use; and (c) any claim for injunctive relief. If this provision
is found to be illegal or unenforceable, then neither Party will elect to
arbitrate any Dispute falling within that portion of this provision found to
be illegal or unenforceable and such Dispute shall be decided by a court of
competent jurisdiction within the courts listed for jurisdiction above, and
the Parties agree to submit to the personal jurisdiction of that court.
19. CORRECTIONS
There may be information on the Services that contains typographical errors,
inaccuracies, or omissions, including descriptions, pricing, availability,
and various other information. We reserve the right to correct any errors,
inaccuracies, or omissions and to change or update the information on the
Services at any time, without prior notice.
20. DISCLAIMER
THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT
YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT
PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN
CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR
REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT
OR THE CONTENT OF ANY WEBSITES OR MOBILE APPLICATIONS LINKED TO THE SERVICES
AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS,
MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR
PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF THE SERVICES, (3) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SECURE
SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION
STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM
THE SERVICES, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE
TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (6) ANY
ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE
OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED,
TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR
SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES, ANY
HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY
BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY
PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR
SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST
JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
21. LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST
REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE
SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO
YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL
AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE
six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE
LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES
OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO
YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO
YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
22. INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our
subsidiaries, affiliates, and all of our respective officers, agents,
partners, and employees, from and against any loss, damage, liability,
claim, or demand, including reasonable attorneys’ fees and expenses, made by
any third party due to or arising out of: (1) your Contributions; (2) use of
the Services; (3) breach of these Legal Terms; (4) any breach of your
representations and warranties set forth in these Legal Terms; (5) your
violation of the rights of a third party, including but not limited to
intellectual property rights; or (6) any overt harmful act toward any other
user of the Services with whom you connected via the Services.
Notwithstanding the foregoing, we reserve the right, at your expense, to
assume the exclusive defence and control of any matter for which you are
required to indemnify us, and you agree to cooperate, at your expense, with
our defence of such claims. We will use reasonable efforts to notify you of
any such claim, action, or proceeding which is subject to this
indemnification upon becoming aware of it.
23. USER DATA
We will maintain certain data that you transmit to the Services for the
purpose of managing the performance of the Services, as well as data
relating to your use of the Services. Although we perform regular routine
backups of data, you are solely responsible for all data that you transmit
or that relates to any activity you have undertaken using the Services. You
agree that we shall have no liability to you for any loss or corruption of
any such data, and you hereby waive any right of action against us arising
from any such loss or corruption of such data.
24. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Services, sending us emails, and completing online forms
constitute electronic communications. You consent to receive electronic
communications, and you agree that all agreements, notices, disclosures, and
other communications we provide to you electronically, via email and on the
Services, satisfy any legal requirement that such communication be in
writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS,
ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES,
AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE
SERVICES. You hereby waive any rights or requirements under any statutes,
regulations, rules, ordinances, or other laws in any jurisdiction which
require an original signature or delivery or retention of non-electronic
records, or to payments or the granting of credits by any means other than
electronic means.
25. CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the
Complaint Assistance Unit of the Division of Consumer Services of the
California Department of Consumer Affairs in writing at 1625 North Market
Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800)
952-5210 or (916) 445-1254.
26. MISCELLANEOUS
These Legal Terms and any policies or operating rules posted by us on the
Services or in respect to the Services constitute the entire agreement and
understanding between you and us. Our failure to exercise or enforce any
right or provision of these Legal Terms shall not operate as a waiver of
such right or provision. These Legal Terms operate to the fullest extent
permissible by law. We may assign any or all of our rights and obligations
to others at any time. We shall not be responsible or liable for any loss,
damage, delay, or failure to act caused by any cause beyond our reasonable
control. If any provision or part of a provision of these Legal Terms is
determined to be unlawful, void, or unenforceable, that provision or part of
the provision is deemed severable from these Legal Terms and does not affect
the validity and enforceability of any remaining provisions. There is no
joint venture, partnership, employment or agency relationship created
between you and us as a result of these Legal Terms or use of the Services.
You agree that these Legal Terms will not be construed against us by virtue
of having drafted them. You hereby waive any and all defences you may have
based on the electronic form of these Legal Terms and the lack of signing by
the parties hereto to execute these Legal Terms.
27. CONTACT US
In order to resolve a complaint regarding the Services or to receive further
information regarding use of the Services, please e-mail us at
terms-of-service@biteback.ai.