Terms of service
PLEASE READ THESE TERMS OF SERVICE (“AGREEMENT” OR “TERMS OF SERVICE”) CAREFULLY BEFORE USING THE SERVICES OFFERED BY BEARLY.AI. THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE BEARLY.AI WEBSITE AND ALL RELATED SERVICES AND APPLICATIONS, INCLUDING, WITHOUT LIMITATION, ANY FEATURES, CONTENT, WEBSITES (INCLUDING WWW.BEARLY.AI) OR APPLICATIONS OFFERED FROM TIME TO TIME BY Bearly AI IN CONNECTION THEREWITH (COLLECTIVELY “SERVICE(S)”). BY USING THE SERVICES IN ANY MANNER, YOU AGREE TO BE BOUND BY THIS AGREEMENT.
Acceptance of Terms of Service
The Service is offered subject to acceptance without modification of all of these Terms of Service and all other operating rules, policies and procedures that may be published from time to time in connection with the Services by Bearly AI. In addition, some services offered through the Service may be subject to additional terms and conditions promulgated by Bearly AI from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Bearly AI may, in its sole discretion, refuse to offer the Service to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Service is revoked in such jurisdictions.
Modification of Terms of Service
At its sole discretion, Bearly AI may modify or replace any of the Terms of Service, or change, suspend, or discontinue the Service (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Bearly AI websites or Service or by sending you an email. Bearly AI may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability. It is your responsibility to check the Terms of Service periodically for changes. Your continued use of the Service following the posting of any changes to the Terms of Service constitutes acceptance of those changes.
Rules and Conduct
As a condition of use, you promise not to use the Service for any purpose that is prohibited by the Terms of Service. For purposes of the Terms of Service, the term “Content” includes, without limitation, any information, data, text, photographs, videos, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Service. By way of example, and not as a limitation, you shall not (and shall not permit any third party to) take any action (including contributing any Content) that: would constitute a violation of any applicable law, rule or regulation; infringes any intellectual property or other right of any other person or entity; is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail; contains software viruses or any other similar computer codes, files, or programs; or impersonates any person or entity. Further, you shall not (directly or indirectly): (i) take any action that imposes or may impose an unreasonable or disproportionately large load on Bearly AI’s (or its third party providers’) infrastructure; or (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) bypass any measures Bearly AI may use to prevent or restrict access to the Service (or parts thereof).
Use of Bearly AI by anyone under 13 years of age is prohibited. You represent that you are at least the age of majority in the jurisdiction where you live or, if you are not, your parent or legal guardian must consent to these Bearly AI Terms of Service and affirm that they accept these Terms on your behalf and bear responsibility for your use. AI accessed via Bearly AI may produce content that is not suitable for minors. If you are accepting these Bearly AI Terms of Service on behalf of someone else or an entity, you confirm that you have the legal authority to bind that person or entity to these Terms.
You agree NOT to use Bearly AI to:
- Violate the rights of another party or any applicable laws.
- Reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of Bearly AI, or their underlying technologies;
- Abuse, harm, interfere with, reverse engineer, or disrupt Bearly AI, or their underlying technologies, such as by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing any protective measures.
- Use Bearly AI in an automated fashion, such as by exceeding any rate limits set forth by us from time to time. To participate in Denial of service or Distributed Denial of service attacks and their variants.
- Use any method to extract data from Bearly. Represent that Bearly AI Content (defined as any data produce by the Bearly application) is human-generated.
Trademarks and Patents
All Bearly AI logos, marks and designations are trademarks or registered trademarks of Bearly AI. All other trademarks mentioned in this website are the property of their respective owners. The trademarks and logos displayed on this website may not be used without the prior written consent of Bearly AI or their respective owners. Portions, features and/or functionality of Bearly AI’s products may be protected under Bearly AI patent applications or patents.
Bearly AI may terminate your access to all or any part of the Service at any time if you fail to comply with these Terms of Service, which may result in the forfeiture and destruction of all information associated with your account. Further, either party may terminate the Services for any reason and at any time without any prior written notice. If you wish to terminate your account, you may do so by following the instructions on the Service. Any fees paid hereunder are non-refundable. Upon any termination, all rights and licenses granted to you in this Agreement shall immediately terminate, but all provisions hereof which by their nature should survive termination shall survive termination, including, without limitation, warranty disclaimers, indemnity and limitations of liability.
You shall defend, indemnify, and hold harmless Bearly AI, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, losses, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to (i) your use or misuse of, or access to, the Service, or (ii) your violation of the Terms of Service or any applicable law, contract, policy, regulation or other obligation. Bearly AI reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Bearly AI in connection therewith.
Limitation of Liability
Bearly AI is a platform (or application, term can be used interchangeably) that enables users to access various AI models, but Bearly AI does not provide and is not responsible for the content or services available from these AI models or applicable software technologies. BEARLY AI MAKES NO PROMISES WITH RESPECT TO, AND EXPRESSLY DISCLAIMS ALL LIABILITY FOR: (i) CONTENT Generated BY Bearly AI OR any THIRD PARTY MODEL PROVIDER; (ii) ANY THIRD-PARTY affiliate, THIRD-PARTY PRODUCT, OR THIRD-PARTY SERVICE ACCESSIBLE TO YOU THROUGH THE BEARLY AI PLATFORM, INCLUDING AN INTEGRATED SERVICE PROVIDER. (iii) THE QUALITY OF ANY Generated Content YOU ENCOUNTER IN CONNECTION WITH YOUR USE OF THE Bearly AI PLATFORM; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT. BEARLY AI MAKES NO WARRANTY THAT: (a) THE BEARLY AI PLATFORM WILL MEET YOUR REQUIREMENTS; (b) THE BEARLY AI PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (c) THE RESULTS OR INFORMATION THAT YOU MAY OBTAIN FROM THE USE OF THE BEARLY AI PLATFORM WILL BE ACCURATE OR RELIABLE; OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED OR PURCHASED BY YOU THROUGH THE BEARLY AI PLATFORM WILL BE SATISFACTORY.
IN NO EVENT SHALL Bearly AI OR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICE (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, OR SUBSTITUTE GOODS OR SERVICES, (II) FOR YOUR RELIANCE ON THE SERVICE OR (III) FOR ANY DIRECT DAMAGES IN EXCESS (IN THE AGGREGATE) OF THE FEES PAID BY YOU FOR THE SERVICE OR, IF GREATER, $500. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
ALL USE OF THE SERVICE AND ANY CONTENT IS UNDERTAKEN ENTIRELY AT YOUR OWN RISK. THE SERVICE (INCLUDING, WITHOUT LIMITATION, THE Bearly AI WEB APP AND ANY CONTENT) IS PROVIDED “AS IS” AND “AS AVAILABLE” AND IS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
The Terms of Service are the entire agreement between you and Bearly AI with respect to the Service, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Bearly AI with respect to the Service. If any provision of the Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Bearly AI shall not be liable for any failure to perform its obligations hereunder due to any cause beyond Bearly AI’s reasonable control. The Terms of Service are personal to you, and are not assignable or transferable by you except with Bearly AI’s prior written consent. Bearly AI may assign, transfer or delegate any of its rights and obligations hereunder without consent. No agency, partnership, joint venture, or employment relationship is created as a result of the Terms of Service and neither party has any authority of any kind to bind the other in any respect.
For questions regarding the Service, you can get in touch by emailing us at [email protected].