Terms and Conditions.

1. Use of Service

Eligibility

You must be at least 18 years of age or older to use the Service. By using the Service, you represent and warrant that you have the legal capacity to enter into this Agreement.

License

Subject to the terms and conditions of this Agreement, we grant you a limited, non-exclusive, non-transferable, and revocable license to use the Service for your internal business purposes.

Prohibited Uses

You agree not to use the Service to: (a) upload, post, email, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (e) upload, post, email, or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (f) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party; (g) upload, post, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation; (h) upload, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; (j) intentionally or unintentionally violate any applicable local, state, national, or international law or regulation; or (k) collect or store personal data about other users without their consent.

User Account

To use the Service, you will need to create an account ("User Account"). You are solely responsible for maintaining the confidentiality of your User Account login credentials and for all activities that occur under your User Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your User Account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

2. Fees and Payment

Subscription Fees

To access and use the Service, you must pay the subscription fees ("Fees") set forth on our website. Fees may be subject to change at any time, in our sole discretion. Your continued use of the Service following any fee changes constitutes your agreement to pay the new Fees.

Payment

You agree to pay all Fees in advance and in full. Payment must be made through our payment processing partner, and you agree to provide accurate and complete payment information, including a valid credit card or other payment method accepted by us. We reserve the right to suspend or terminate your access to the Service if payment is not received or if payment information is not valid or up to date.

Taxes

You are responsible for paying all applicable taxes and fees, including sales, use, excise, value-added, or other taxes, levies, or duties, imposed by any jurisdiction as a result of this Agreement or your use of the Service. You agree to indemnify and hold us harmless from any and all claims, liabilities, and expenses (including reasonable attorneys' fees) related to such taxes or fees.

3. Proprietary Rights

Ownership

You acknowledge that the Service and all intellectual property rights therein are and shall remain the property of the Company or its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly authorized by this Agreement, you may not use, reproduce, modify, adapt, translate, distribute, transmit, display, perform, or create derivative works of the Service.

Feedback

If you provide any feedback, suggestions, or comments to us regarding the Service ("Feedback"), you hereby grant us a worldwide, perpetual, irrevocable, royalty-free, sub-licensable, and transferable license to use, reproduce, modify, adapt, translate, distribute, transmit, display, perform, and create derivative works of the Feedback for any purpose and in any medium, whether now known or hereafter developed.

4. Confidentiality

Confidential Information

You acknowledge that during the course of using the Service, you may have access to certain confidential and proprietary information of the Company, including the Service and any related materials, and any information that we designate in writing as confidential or that, under the circumstances, would reasonably be understood to be confidential ("Confidential Information").

Non-Disclosure

You agree to maintain the confidentiality of all Confidential Information and not to disclose, copy, distribute, or otherwise use such information except as expressly permitted under this Agreement or with our prior written consent. You agree to take all reasonable measures to protect the Confidential Information from unauthorized use or disclosure.

Exceptions

The foregoing obligations shall not apply to any information that: (a) is or becomes generally known to the public without breach of this Agreement by you; (b) was rightfully in your possession prior to your receipt of the Confidential Information; (c) is rightfully obtained by you from a third party without restriction on disclosure; or (d) is independently developed by you without use of the Confidential Information.

5. Disclaimer of Warranties

The service is provided "as is" and "as available" without warranty of any kind, either express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the service will meet your requirements or be uninterrupted, timely, secure, or error-free. We make no warranty that any information obtained through the use of the service will be accurate or reliable. You are solely responsible for any damage to your computer system or loss of data that results from your use of the service.

6. Limitation of Liability

In no event shall we be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or in connection with this agreement or the use or inability to use the service, whether based on contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages. In no event shall our total liability to you for all damages, losses, and causes of action arising out of or in connection with this agreement or the use or inability to use the service, whether based on contract, tort, negligence, strict liability, or otherwise, exceed the amount paid by you to us for the service during the twelve (12) months preceding the event giving rise to the liability.

7. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Service or any breach of this Agreement by you.

8. Term and Termination

This Agreement shall remain in effect until terminated by either party. You may terminate this Agreement by ceasing to use the Service and deleting all copies of the Service from your devices. We may terminate this Agreement at any time, with or without cause, immediately upon notice to you. Upon termination of this Agreement, all rights granted to you under this Agreement will immediately cease, and you must immediately cease all use of the Service and delete all copies of the Service from your devices.

9. General

Entire Agreement

This Agreement, including all documents incorporated by reference, constitutes the entire agreement between you and the Company with respect to the Service and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between you and the Company with respect to the Service.

Governing Law

This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the State of California without regard to its conflict of law provisions.

Dispute Resolution

Any dispute arising out of or relating to this Agreement or the Service will be resolved through binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall take place in Montreal, Canada and shall be conducted in English.

Assignment

You may not assign or transfer this Agreement or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer this Agreement or any of our rights or obligations hereunder without restriction.

Waiver

Our failure to enforce any right or provision of this Agreement will not be deemed a waiver of such right or provision.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.

Notices

Any notices or other communications required or permitted hereunder, including those regarding modifications to this Agreement, will be in writing and given: (a) by us via email (in each case to the address that you provide), or (b) by posting to the Service.

Force Majeure

We will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

Amendments

We reserve the right, in our sole discretion, to modify or replace any part of this Agreement at any time by posting a revised version on our website or by notifying you by email. Your continued use of the Service following the posting of any changes to this Agreement constitutes acceptance of those changes.

Headings

The headings in this Agreement are for convenience only and do not affect the interpretation of this Agreement.

Contact Us

If you have any questions about this Agreement, please contact us at mail@bibit.ai.

Plan Policy

At Bibit, we offer different plans for our services. Example: The Essential plan comes with 40,000 character credits per month. When you subscribe to the Essential plan, you will receive 40,000 character credits immediately. Every month, when your plan is renewed, any remaining character credits from the previous month will expire, and you will receive another 40,000 character credits.

It is your responsibility to monitor your character credit usage and to ensure that you do not exceed the monthly limit. If you exceed your monthly limit, you will need to upgrade to a higher plan or purchase additional character credits.

Please note that character credits are non-transferable and cannot be carried over to the following month. We reserve the right to modify or update our plan policy at any time without notice. It is your responsibility to regularly review this policy to stay informed of any changes.

Cancellation Policy

To cancel your account with us, you will need to send an email to mail@bibit.ai. Once we receive your cancellation request, we will process it within 3 business days and send you a confirmation email. Please note that if you cancel your account before the end of your current billing cycle, we will not issue a refund for any remaining days.

Intellectual Property Rights

You acknowledge and agree that the Service, including all software, algorithms, designs, user interfaces, text, images, and other content, as well as any enhancements, modifications, or derivative works thereof, are the exclusive property of the Company or its licensors, and are protected by applicable copyright, trademark, and other intellectual property laws. You agree not to copy, reproduce, distribute, transmit, display, perform, publish, license, modify, create derivative works from, or use the Service or any portion thereof for any purpose, except as expressly authorized by this Agreement or with our prior written consent.

Patent Policy

The Company and its licensors retain all rights, title, and interest in and to any patents, patent applications, and other intellectual property rights covering the Service, including any inventions, discoveries, improvements, or other developments made or conceived in the course of creating, developing, or providing the Service. Any unauthorized copying, reproduction, distribution, transmission, display, performance, or use of the Service or any portion thereof, which infringes upon the Company's or its licensors' patent rights, may result in legal action, including but not limited to claims for damages, injunctive relief, and other remedies available under applicable patent laws.

Reporting Violations

If you become aware of any unauthorized copying, reproduction, distribution, transmission, display, performance, or use of the Service or any portion thereof, which infringes upon the Company's or its licensors' intellectual property rights, you agree to promptly report such violations to us by email at mail@bibit.ai.

Legal Action

The Company reserves the right to take legal action against any individual or entity that violates the intellectual property rights or patent policy of the Company, as set forth in this Agreement. This may include, but is not limited to, seeking injunctive relief, monetary damages, and any other remedies available under applicable laws.

By using the Service, you agree to be bound by the terms and conditions of this Agreement, including the Intellectual Property Rights and Patent Policy. If you do not agree to the terms and conditions of this Agreement, you may not use the Service.