Last Updated March 31, 2024
Terms of Service
Babs Technologies ("Babs AI," "we," "us," "our") is a Delaware-incorporated entity that provides its services (described below) to you through its website located at www.babs.ai (the "Site") and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the "Service(s)"), subject to the following Terms of Service (as amended from time to time, the "Terms of Service"). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification, or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Service after the date any such changes become effective constitutes your acceptance of the new Terms of Service.
PLEASE READ THESE TERMS OF SERVICE CAREFULLY, AS THEY CONTAIN AN AGREEMENT TO ARBITRATE AND OTHER IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. THE AGREEMENT TO ARBITRATE REQUIRES (WITH LIMITED EXCEPTION) THAT YOU SUBMIT CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION, AND FURTHER (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST BABS AI ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) YOU WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Service from time to time, including, without limitation, the Privacy Policy located at https://babs.ai/privacy-policy. All such terms are hereby incorporated by reference into these Terms of Service.
1. Access and Use of the Service
2. Confidentiality of Your Audio Files
3. Your Registration Obligations
4. Member Account, Password, and Security
5. Modifications to Service
6. General Practices Regarding Use and Storage
7. Mobile Services
8. Conditions of Use
You are solely responsible for all content (such as code, images, text, etc.) that you upload, post, or otherwise utilize via the Service. You agree not to utilize the Service for any illegal or prohibited activities, including but not limited to:
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Fees
To access the Services, you must select a payment plan and furnish Babs AI with accurate payment information. By doing so, you represent that you are authorized to use the provided payment instrument. You agree to promptly update your account details for any changes. Babs AI will bill your payment instrument in advance according to your selected payment plan and this Terms of Service. Any payment disputes must be reported to Babs AI within sixty (60) days of the charge date. Babs AI reserves the right to modify prices, with notice provided at least 30 days before the changes take effect. You are responsible for any taxes related to the Services.
9. Special Notice for International Use; Export Controls
10. Commercial Use
11. Service Content, Software, and Trademarks
12. Third-Party Material
13. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Service ("Submissions"), provided by you to Babs AI are non-confidential, and Babs AI will have the right to use and distribute these Submissions without acknowledgment or compensation to you, for any purpose, commercial or otherwise.
You acknowledge and agree that Babs AI may retain content and disclose it if required by law or in good faith belief that such retention or disclosure is reasonably necessary to: (a) comply with legal obligations, applicable laws, or governmental requests; (b) enforce these Terms of Service; © respond to claims of third-party rights infringement; or (d) protect the rights, property, or safety of Babs AI, its users, and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and adaptation to technical requirements.
14. Copyright Complaints
Babs AI will investigate and process notices of alleged infringement under any applicable laws. A notification of claimed copyright infringement should be emailed to Babs AI's Copyright Agent at support@babs.ai (Subject line: "Takedown Request").
For the notification to be effective, it must be in writing and contain the following information:
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15. Counter-Notice
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Upon receiving a counter-notice, Babs AI will notify the original complainant and may replace the removed content or cease disabling it within 10 business days, unless the copyright owner seeks a court order.
16. Contests, Sweepstakes and Promotions
17. Repeat Infringer Policy
18. Third-Party Websites
19. Indemnity and Release
20. Disclaimer of Warranties
21. Limitation of Liability
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU OR MAY NOT BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
Dispute Resolution By Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.
22. Agreement to Arbitrate
Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. By entering into these Terms of Service, you and Babs AI are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
23. Prohibition of Class and Representative Actions and Non-Individualized Relief
24. Pre-Arbitration Dispute Resolution
25. Arbitration Procedures
Unless Babs AI and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.