Terms and Conditions of Better Ai
Welcome to Better Ai. The Better Ai websites, together with any products, services or software we make available through or in connection with such websites, are collectively referred to herein as the “Services.” References to “Better Ai, ““we,” “us,” and “our” refer to Better Ai, Inc.
We may amend the Terms at any time by posting the modified Terms on the Services. The modifications shall be effective upon such posting (unless a later date is specified in the posting, in which case that date shall be the effective date of the modifications). You agree to review the Terms periodically so that you are aware of any modifications. Your continued use of the Services after such modifications constitutes your acknowledgment of, and agreement to be bound by, the amended Terms.
The Better Ai Services are your personal ai assistant. The Services provide you with a software solution that can connect to, integrate with, and manage other software tools in order to streamline their use. The interface for your assistant will be SMS text messages. Your assistant will learn from its interactions with you in order to customize, and improve, its effectiveness in managing your needs.
ACCESS TO THE SERVICES
License. Subject to and in accordance with the Terms and other guidelines or instructions that we include in the Services, we grant you a limited, non-exclusive license to access and use the Services solely for its intended purpose and for your own personal use. We reserve the right to terminate this license and your access to the Services, and to remove or discard content you have submitted to the Services, at any time, for any or no reason and with or without notice. We may update, upgrade or otherwise modify the Services at any time with or without notice.
Age Requirement; Responsibility. You may not access or use the Services unless you are at least 18 years old. You are responsible for maintaining the confidentiality of your password and for restricting access to your computer or other device. You are responsible for your use of the Services and for all activities that occur under your username/account. You may not assign or transfer your username or account to any third party.
Registration. You are required to maintain all information provided during your registration/sign-up process so that it remains true, accurate, up-to-date and complete at all times. You represent and warrant that any information you provide to us is truthful and accurate to the best of your knowledge. We reserve the right to revoke your particular username, or to require you to choose another username or password. The Services may permit you to register through certain third-party social networking services, such as Facebook Connect or Google (“Authentication Service”). By registering with or logging into the Services using an Authentication Service, you agree that we may access and use your information on the Authentication Service, including but not limited to your username, profile picture, age and date of birth, email address, and friends/contacts list. We are not affiliated with any Authentication Service and you are solely responsible for your interactions with the Authentication Service.
USE OF THE SERVICES; PROHIBITED CONDUCT
General. You may use the Services only for its intended purpose and in accordance with the Terms and all applicable laws and regulations.
Prohibited Conduct. All users of the Services are subject to basic rules of good conduct while using the Services. By using the Services you agree to: (a) refrain from violating applicable federal, state and international laws; (b) refrain from using the Services to send unsolicited e-mails, bulk mail, spam or other materials to other users of the Services or any other individual; (c) refrain from using the Services to harass, threaten, stalk or abuse other users of the Services; (d) refrain from using the Services to harm minors; (e) refrain from interfering with others’ use of the Services; (f) refrain from using the Services to invade the privacy of others, or to collect or use an individual’s personal and private information or to gain or attempt to gain unauthorized access to other computer systems via the Services; (g) refrain from using the Services to create a false identity or to impersonate another person; and (h) refrain from using the Services to advertise Internet sites or products of services which are competitive to those offered by Better Ai. The foregoing rules set the minimum level of conduct that we expect from users of the Services. We also ask that you use common sense and be considerate towards other users. We reserve the right, in our sole discretion, to suspend or terminate your right to use the Services, if you violate the aforementioned rules of conduct or engage in other conduct we deem offensive
Hyperlinks. You may create a hyperlink to the home page of the Services so long as the link does not portray the Services, us, or our affiliates or their services, in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark as part of the link without our written permission.
Subscriptions. When you purchase a subscription to the Services (a “Subscription”), we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date your monthly Services are provided.
Auto-renewal. Your Subscription will automatically renew for successive monthly periods. Each Subscription will renew at the subscription rate in effect at the time of renewal Cancelling your Service will cancel the auto-renewal feature of your Subscription. In order to renew your subscription, you authorize Better Ai to charge your Payment Method for the payment due. Better Ai may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Better Ai that your Payment Method account is no longer valid.
Cancellation During First Year. If you decide any time during the first three months of your Subscription term to cancel your Subscription, we will refund to you all of the subscription fees you have paid up to that point. If you decide to cancel any time after such three month period and before the first year of your Subscription term, we will refund to you three months of subscription fees that you have paid.
All content included in the Services and originating with us, including but not limited to website and application design, text, photographs, graphics, sound, software and the arrangement of all content on the Services, is the property of us or our licensors, and is protected by United States and international copyright and other applicable law. All rights to such content are reserved to their respective copyright owners. Except as expressly authorized by the Terms or any guidelines or instructions that we include in the Services, you may not reproduce, modify, copy, create derivative works of, sell or distribute any portion of the Services, use of the Services or access to the Services. You may not reverse engineer, reverse assemble, decompile or otherwise attempt to determine or derive the source code of the Services or any portion thereof. “Better Ai” and all related logos, graphics and icons are our Services marks or trademarks. All other trademarks, Services marks, product names and company names or logos that appear on the Services are the property of their respective owners, and their presence on the Services does not represent an endorsement of the Services. Some of the software or services made available through the Services may be subject to additional third party or open source licensing terms and disclosures, including those linked to or set forth in the Services.
THIRD-PARTY SERVICES AND INFORMATION
The Services may provide links and other connections to third-party websites, applications and services (“Third-Party Sites”), and may allow Third-Party Sites to provide information or Services s through the Services. We may also make certain portions of the Services available through Third-Party Sites. The content, features and business practices of Third-Party Sites are not under our control, and we will not be responsible or liable for any damage or loss caused by or in connection with the use of Third-Party Sites or any information, product or Services available on or through such Third-Party Sites. Our provision of a link to, or services through, any Third-Party Site does not imply any endorsement by us or any affiliation between us and the Third-Party Site. Your use of any Third-Party Site or other services of any third party is between you and such third party.
CONTENT PROVIDED BY YOU AND OTHER USERS
You are responsible for all content you submit to the Services, whether directly or indirectly through an Authentication Service or other Third-Party Site. You represent and warrant that such content will be true and complete and that you have all rights necessary to submit such content to the Services, and that the display and other use of such content by us will not violate the rights of any third party. You hereby grant us the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licensable, transferable license to use, reproduce, modify, create derivative works of and distribute the content you submit to the Services in connection with the operation of the Services. We may store and process such content within or outside of the United States of America. We reserve the right, in our sole discretion, to remove, move or otherwise restrict any content submitted to the Services, at any time and for any or no reason, with or without notice. In using the Services, you may access content submitted or otherwise made available by other users. We do not pre-screen, edit or review content submitted to the Services. By using the Services, you agree to bear all risks associated with the use of any content on the Services and any reliance on the accuracy, completeness, or usefulness of such content.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OR DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM OR INCURRED IN CONNECTION WITH: (i) THE USE OR THE INABILITY TO USE THE SERVICES OR TERMINATION OF THE SERVICES; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ACCESSED THROUGH THE SERVICES; OR (iv) ANY OTHER MATTER RELATING TO THE SERVICES. WITHOUT LIMITING THE FOREGOING, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES AND THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU TO US IN CONNECTION WITH THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE DATE OF THE INITIAL EVENT CAUSING OR RESULTING IN SUCH LIABILITY. THE FOREGOING PROVISIONS RELATED TO LIMITATIONS ON DAMAGES AND LIABILITY APPLY: (i) TO ALL TYPES OF DAMAGES AND LIABILITY INCLUDING WITHOUT LIMITATION FOR NEGLIGENCE; (ii) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE; (iii) EVEN IF WE ARE ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LIABILITY AND EVEN IF SUCH DAMAGES OR LIABILITY IS FORESEEABLE; AND (iv) EVEN IF ANY REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE.
EXCLUSIONS AND LIMITATIONS
THE LAWS OF SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
DISPUTE RESOLUTION / CLASS ACTION WAIVER.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
To the fullest extent permitted by applicable law, you and we agree that any controversy, allegation, or claim arising out of or relating to the Terms or the Services, including but not limited to claims for indemnification, contribution, or cross-claims in a pending action involving one or more third parties (collectively, a “Dispute”), other than Disputes in which you or we seek to bring an individual action in small claims court or seek injunctive or other equitable relief for the alleged unlawful use of intellectual property, shall be finally and exclusively resolved individually by final and binding arbitration before a sole arbitrator under the Consumer Arbitration Rules of the American Arbitration Association, as amended and in effect at the time arbitration is initiated (the “AAA Rules”). The AAA Rules are available online at www.adr.org, or by calling (800) 778-7879, and are hereby incorporated by reference.
You and we further agree to the following with respect to the arbitration of any Dispute hereunder: (a) any claim must be brought in your individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding; (b) the arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding and may not award class-wide relief; (c) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (d) each party will pay the administrative and arbitrator’s fees and other costs in accordance with the applicable arbitration rules, but we reserve the right, in our sole discretion, to assume responsibility for any or all of the fees and costs of the arbitration; (e) the arbitrator will honor claims of privilege and privacy recognized at law; (f) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (g) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (h) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. Any arbitration hearing will take place at an agreed upon location in San Francisco, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (i) solely on the basis of documents submitted to the arbitrator; (ii) through a telephone hearing or (iii) by an in-person hearing as established by the AAA Rules in the county of your residence.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) 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.
To the fullest extent permitted by law, you agree to indemnify and hold harmless us and our affiliates, officers, employees, agents, partners and licensors from and against any loss, damage, liability and costs, including reasonable attorneys’ fees, incurred in connection with any claim by any third party due to or arising out of your use of the Services, your violation of the Terms or the rights of another party, or content you submit to the Services.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
We may, in appropriate circumstances and in our discretion, disable or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- identification of the copyrighted work or other intellectual property that you claim has been infringed;
- identification of the material that you claim is infringing and its location on the Services;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you that the above information in your Notice is accurate and, under penalty of perjury, that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Our Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
Better Ai Copyright Agent
1860 Lucille Lane
Pleasant Hill, CA 94523
Disclosures and Notices; Electronic Signature Consent.
- By registering for the Services, you agree that such registration constitutes your electronic signature, and you consent to electronic provision of all disclosures and notices from us (“Notices”), including those required by applicable law. You also agree that your electronic consent will have the same legal effect as a physical signature.
- You agree that we can provide Notices regarding the Services to you through the Services, or by mailing Notices to the email or physical addresses identified in your account. Notices may include notifications about your account, changes to the Services, or other information we are required to provide to you. You also agree that electronic delivery of a Notice has the same legal effect as if we provided you with a physical copy. We will consider a Notice to have been received by you within 24 hours of the time a Notice is either posted to the Services or emailed to you.
- You authorize us to provide Notices to you via text message to allow us to verify your control over your account (such as through two-step verification), and to provide you with other critical information about your account. Standard text or data charges may apply to such Notices.
Entire Agreement. The Terms represent the entire agreement between you and us with regard to their subject matter, they supersede all prior agreements and representations, and they may not be modified except by us in writing (including modifications by us to this page). In the event of any conflict between the Terms and any instructions or guidelines included in the Services, the Terms shall control.
Choice of Law and Forum. The Terms, your use of the Services and the relationship between you and us, and any disputes, claims or causes of action related to the foregoing, shall be governed by the law of the State of California, United States, without regard to its conflict of laws principles, and any such dispute, claim or cause of action shall be brought only in federal or state court in San Francisco, California, United States, and you and we hereby generally and unconditionally submit to and accept the jurisdiction of such courts.
Assignment. The Terms, including without limitation any rights or obligations provided for herein, may not be assigned, delegated or otherwise transferred by you. Any assignment, delegation or transfer attempted to be made in violation of the Terms shall be null and void.
Waiver and Severability. Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision by us. Any provision of the Terms which is held invalid or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective only to the extent of such invalidity or unenforceability and without rendering invalid or unenforceable the remaining provisions of the Terms or affecting the validity or enforceability of any of the provisions of the Terms in any other jurisdiction, and the court or tribunal so holding will be empowered to substitute, to the extent enforceable, provisions similar to said provision, or other provisions, so as to provide to the parties the benefits intended by said provision to the fullest extent permitted by applicable law. If any provision of the Terms is so broad as to be unenforceable, the provision will be interpreted to be only so broad as is enforceable.
Statute of Limitations. Regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to the Terms or the use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Export Compliance. You represent that you are not named on any United States government denied-party list, and that you are not a resident of a country embargoed by the United States. You agree not to export, reexport, or transfer, directly or indirectly, any products, software or technology acquired from us (including products derived from or based on such technology) in violation of United States export laws or regulations.
Headings. The section headings in the Terms are for convenience only and have no legal or contractual effect.