Terms of Service

These Terms of Service ("Terms," "Agreement") constitute a legally binding and enforceable contract between you ("User," "you," or "your") and AI bloop ("Company," "we," "us," or "our") governing your access to and use of our website, platform, software, AI chatbot agents, application programming interfaces (APIs), and all related services, tools, and functionalities (collectively, the "Services"). BY ACCESSING, BROWSING, REGISTERING FOR, OR OTHERWISE USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU POSSESS THE LEGAL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT AND AGREE TO BE IRREVOCABLY BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY CEASE ALL ACCESS TO AND USE OF THE SERVICES.

1. Acceptance, Modifications, and Entire Agreement

Your access to or use of the Services constitutes your irrevocable acceptance of these Terms. We reserve the sole, absolute, and unfettered right to modify, amend, supplement, restate, or replace these Terms at any time, in our exclusive discretion, without prior notice or obligation. All modifications shall become effective immediately upon posting to the Services. Your continued use of the Services following any such modification constitutes your unconditional acceptance of and consent to the revised Terms. You bear sole responsibility for reviewing these Terms on a periodic basis. We expressly disclaim any obligation to notify you of changes beyond making the revised Terms available on our website. These Terms, together with our Privacy Policy and any applicable order forms, constitute the entire agreement between you and the Company and supersede all prior and contemporaneous understandings, negotiations, representations, and warranties, whether written or oral.

2. Description of Services; No Warranties on Performance

The Company provides AI-powered chatbot agent solutions, conversational automation tools, natural language processing platforms, and related technology services designed for integration with third-party websites and applications. The Services are provided strictly on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. We make no representation, warranty, guarantee, or assurance — express, implied, statutory, or otherwise — that the Services will be uninterrupted, timely, error-free, secure, accurate, reliable, complete, or fit for any particular purpose or intended use. Features, functionality, availability, supported platforms, capacity limits, and performance characteristics are subject to change, degradation, suspension, or permanent discontinuation at any time without notice, compensation, or liability.

3. User Accounts, Credentials, and Obligations

To access certain features of the Services, you may be required to create an account and provide registration information. You agree to: (a) provide accurate, current, complete, and truthful registration information; (b) promptly update such information to maintain its accuracy and completeness; (c) maintain the strict confidentiality of your account credentials, including passwords and API keys; (d) accept full and exclusive responsibility for all activities, transactions, and conduct occurring under or through your account, whether or not authorized by you; and (e) immediately notify us in writing of any unauthorized use, access, or security breach. We shall bear no liability whatsoever for any loss, damage, harm, cost, or expense arising from your failure to comply with these obligations or from any unauthorized access to or use of your account, regardless of cause, including but not limited to third-party actions, phishing, social engineering, or credential compromise.

4. Acceptable Use and Prohibited Conduct

You shall not use or permit the use of the Services to: (a) violate any applicable local, state, national, or international law, statute, regulation, ordinance, or third-party right; (b) transmit, upload, or distribute malicious code, viruses, trojans, worms, ransomware, or any other harmful, destructive, or deleterious content; (c) engage in unauthorized data mining, scraping, harvesting, crawling, or systematic extraction of data; (d) interfere with, disrupt, degrade, or impair the integrity, performance, availability, or security of the Services or any associated systems or networks; (e) attempt to gain unauthorized access to any systems, accounts, networks, or data; (f) use the Services for competitive analysis, benchmarking, reverse engineering, decompilation, or disassembly; (g) resell, sublicense, redistribute, or commercially exploit the Services without prior written authorization; (h) impersonate any person or entity or misrepresent your affiliation; or (i) engage in any activity that, in our sole and absolute discretion, is objectionable, harmful, or detrimental to the Company, its reputation, or its users. Violation of this section may result in immediate suspension or termination of access without prior notice, refund, or compensation.

5. Intellectual Property Rights

All content, software, source code, object code, algorithms, machine learning models, neural networks, architectures, designs, trademarks, service marks, trade dress, trade names, logos, copyrights, patents, trade secrets, and all other intellectual property rights embodied in, associated with, or underlying the Services are and shall remain the exclusive property of the Company or its licensors and are protected by applicable intellectual property laws and international treaties. No right, title, interest, or license in or to any intellectual property is transferred, assigned, or conveyed to you except as expressly provided herein. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable, and terminable license to access and use the Services solely in accordance with these Terms for your internal business purposes. Any unauthorized reproduction, distribution, modification, adaptation, public display, public performance, or creation of derivative works constitutes infringement and may subject you to civil liability and criminal penalties.

6. User Content and Data License

By submitting, uploading, transmitting, inputting, or otherwise providing any content, data, text, images, or materials through the Services ("User Content"), you hereby grant the Company a worldwide, perpetual, irrevocable, royalty-free, fully paid-up, sublicensable (through multiple tiers), and transferable license to use, reproduce, modify, adapt, translate, publish, distribute, publicly display, publicly perform, create derivative works from, and otherwise exploit such User Content for any purpose whatsoever, including but not limited to improving, training, developing, optimizing, and commercializing AI models, algorithms, and Services. You represent and warrant that you own or possess all necessary rights, licenses, consents, and permissions to grant the foregoing license and that User Content does not infringe or violate any third-party rights. We bear no obligation to maintain, store, backup, preserve, or return any User Content and expressly disclaim all liability for any loss, corruption, destruction, or unavailability thereof, howsoever caused.

7. Payment, Billing, and Refund Policy

Certain Services require payment of subscription fees, usage-based charges, or one-time fees as specified on our pricing page, in a separate order form, or as otherwise communicated to you. All fees are denominated in United States dollars unless otherwise expressly stated. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE EXCEPT WHERE EXPRESSLY REQUIRED BY MANDATORY, NON-WAIVABLE APPLICABLE LAW IN YOUR JURISDICTION OF RESIDENCE. We reserve the right to modify, increase, or restructure pricing at any time; changes shall take effect at the commencement of the next billing cycle following notice. Failure to remit payment when due may result in suspension, restriction, or termination of access to the Services. You are solely responsible for all applicable taxes, duties, levies, and governmental charges associated with your use of the Services.

8. Comprehensive Disclaimer of Warranties

TO THE FULLEST AND MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY, UNCONDITIONALLY, AND IRREVOCABLY DISCLAIMS ALL WARRANTIES OF EVERY KIND AND NATURE, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, COMPATIBILITY, INTEGRATION, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. THE COMPANY DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, ACHIEVE ANY INTENDED RESULTS OR OUTCOMES, BE COMPATIBLE WITH ANY OTHER SOFTWARE, SYSTEMS, OR PLATFORMS, OPERATE WITHOUT INTERRUPTION OR DOWNTIME, OR BE FREE FROM ERRORS, BUGS, VULNERABILITIES, OR DEFECTS. NO ORAL OR WRITTEN INFORMATION, ADVICE, OR REPRESENTATION GIVEN BY THE COMPANY OR ITS REPRESENTATIVES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, PARENT ENTITIES, SUCCESSORS, ASSIGNS, OR LICENSORS (COLLECTIVELY, "COMPANY PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, OR MULTIPLIED DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITIES, ANTICIPATED SAVINGS, USE, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR ANY RELATED MATTER, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE) AND EVEN IF THE COMPANY PARTIES HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.

THE TOTAL AGGREGATE LIABILITY OF THE COMPANY PARTIES FOR ALL CLAIMS OF EVERY KIND ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) FIFTY UNITED STATES DOLLARS (USD $50.00); OR (B) THE TOTAL AMOUNTS ACTUALLY PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO THE APPLICABLE CLAIM. THIS LIMITATION IS CUMULATIVE AND NOT PER-INCIDENT, APPLIES REGARDLESS OF THE NUMBER OF CLAIMS ASSERTED, AND CONSTITUTES YOUR SOLE AND EXCLUSIVE REMEDY.

10. Indemnification and Hold Harmless

You agree to indemnify, defend, and hold harmless the Company Parties from and against any and all claims, demands, actions, suits, proceedings, investigations, losses, damages, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of, relating to, or in connection with: (a) your access to or use of the Services; (b) your violation or alleged violation of these Terms or any applicable law; (c) your infringement or alleged infringement of any intellectual property, privacy, publicity, or other right of any third party; (d) any User Content you submit, transmit, or make available; or (e) any dispute, controversy, or claim between you and any third party. This indemnification obligation shall survive the termination, expiration, or rescission of these Terms and your cessation of use of the Services.

11. Termination and Suspension

We may suspend, restrict, or terminate your access to the Services, in whole or in part, at any time, for any reason or for no reason, with or without cause, and with or without prior notice, in our sole and absolute discretion. Upon termination: (a) all rights, licenses, and authorizations granted to you under these Terms shall immediately and automatically cease and terminate; (b) you must promptly discontinue all access to and use of the Services; (c) we may, at our discretion, delete, remove, or destroy your account and all associated data, content, and configurations without any obligation to preserve, backup, migrate, or provide copies thereof; and (d) all accrued obligations, including payment obligations and indemnification duties, shall survive termination. We shall not be liable to you or to any third party for any suspension, restriction, or termination of your access to the Services, regardless of reason or timing.

12. Mandatory Binding Arbitration and Class Action Waiver

ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THESE TERMS, THE SERVICES, OR THE RELATIONSHIP BETWEEN YOU AND THE COMPANY SHALL BE RESOLVED EXCLUSIVELY AND FINALLY THROUGH BINDING INDIVIDUAL ARBITRATION administered in accordance with the then-current rules of the American Arbitration Association ("AAA"). YOU EXPRESSLY AND IRREVOCABLY WAIVE ANY RIGHT TO PARTICIPATE IN, INITIATE, OR BE A MEMBER OF ANY CLASS ACTION, COLLECTIVE ACTION, CLASS ARBITRATION, REPRESENTATIVE PROCEEDING, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitration shall be conducted in the English language. The seat and venue of arbitration shall be Wilmington, Delaware, United States. The arbitrator's decision and award shall be final, binding, non-appealable (except as provided by applicable federal arbitration law), and enforceable in any court of competent jurisdiction worldwide. Each party shall bear its own costs and expenses; provided, however, that the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the non-prevailing party.

13. Governing Law and Jurisdiction

These Terms shall be governed by, construed, and enforced in accordance with the internal laws of the State of Delaware, United States, without giving effect to any choice of law, conflict of law, or similar principles that would result in the application of the laws of any other jurisdiction. To the extent that any dispute is not subject to binding arbitration as set forth above, you irrevocably and unconditionally consent and submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Wilmington, New Castle County, Delaware, and waive any objection based on inconvenient forum, improper venue, or lack of jurisdiction.

14. Severability and Reformation

If any provision, clause, or part thereof of these Terms is held to be invalid, illegal, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified, reformed, and construed to the minimum extent necessary to render it valid and enforceable while preserving the original intent of the parties to the maximum extent possible. If modification is not feasible, the offending provision shall be severed, and all remaining provisions shall continue in full force and effect, unimpaired and unaffected.

15. Force Majeure

The Company shall not be liable, responsible, or deemed in default or breach for any failure, delay, or interruption in performing any obligation under these Terms to the extent such failure, delay, or interruption arises from or is attributable to circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, fire, flood, earthquake, pandemic, epidemic, public health emergency, war, armed conflict, terrorism, cyberattack, distributed denial of service (DDoS) attack, ransomware, government action or regulation, embargo, sanction, civil unrest, labor dispute, power failure, telecommunications failure, internet service disruption, or any act or omission of third-party service providers, hosting providers, cloud infrastructure vendors, or other third parties.

16. Assignment and Transfer

You may not assign, delegate, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. We may freely assign, transfer, or delegate these Terms and any rights or obligations hereunder, in whole or in part, without notice or restriction, including in connection with a merger, acquisition, reorganization, or sale of assets. Any purported assignment in violation of this section shall be null, void, and of no force or effect.

17. Waiver

The failure of the Company to exercise or enforce any right, remedy, or provision of these Terms shall not constitute or be construed as a waiver of such right, remedy, or provision or of any other right, remedy, or provision. No waiver shall be effective unless made in writing and signed by an authorized representative of the Company. A waiver of any right or provision on one occasion shall not be deemed a continuing waiver or a waiver of any other right or provision.

18. Contact Information

For inquiries, notices, or communications regarding these Terms, please contact us at: legal@aibloop.com