14th October 2023

Terms and Conditions

Introduction

These General Terms of Service ("Terms") are a legal and binding agreement between Freebby AI (referred to as "Freebby AI," "We," "Us," or "Service Provider") and you, or if you represent an employer or client, then the employer or client ("You" or "Client"), governing your use of Freebby AI's website (https://freebby.ai) and our AI integration services, smart chat bots, and co-pilots for businesses (collectively the "Services").

Freebby AI reserves the right to change or update these Terms at any time at its sole discretion by posting the updated Terms on its website or by providing other notice if possible, at least 14 days before its entry into effect. Your rights under these Terms will be subject to the most current version posted on the website.

1. Definitions

"Assistance Services"

Any consulting services, development, configuration, and settings assistance provided by Service Provider to enable Client to access and use the Service, including integration of an API into its own website.

"Data"

Client's electronic data, whether or not personal data, collected, managed, processed, and/or shared by Client and Service Provider through the Service.

"Service"

The Freebby AI application solution hosted on designated servers and/or cloud, which Client may access remotely. The Service offers various features, including but not limited to AI integration services, smart chat bots, and co-pilots for businesses.

"Intellectual Property Right"

All industrial property and copyrights including patents, trademarks, designs and models, copyrights, software and source code, specifications, and ancillary documentation.

"Operating Policies"

The operational rules, guidelines, and processes followed by Service Provider in the operation of the Service, with which Client's compliance is also required. These Operating Policies include the Privacy Policy and other applicable policies, as updated from time to time.

"Website"

The web pages associated with the technological features of the Service described in the Service Documentation that can be accessed by and configured for and/or by Client.

2. Support and Service Levels

2.1 Reasonable Efforts

We shall use reasonable efforts to ensure that our Services operate effectively and that any issues are resolved promptly. You may subscribe to additional recommended services to enhance the Service, which shall be invoiced separately and provided after your acceptance of a quotation and terms referenced in the Specific Terms.

2.2 Support and Service Levels

You shall appoint an administrator ("Administrator") to collect information and assistance requests from your users. We shall provide second-level support to the Administrator, consisting of responding to requests for information and support, and resolving issues not fixed by the Administrator. Support requests should be sent to: [email protected].

3. Use of the Services

3.1 Use of the Services

You shall comply with the terms and use restrictions set out in these Terms and Operating Policies. You shall ensure your users comply with these Terms and shall not interfere with or disrupt the operation of the Service.

3.2 Credentials

When creating your account, you must provide accurate information including your name, company name, address, phone number, and email. You are responsible for keeping credentials secure and notifying us of any unauthorized use of your account.

3.3 Content

You are solely responsible for any Data or content you submit or transmit through the Service. You warrant that your content will not infringe on third-party rights, contain harmful code, or violate any laws.

3.4 Sending Policy

Freebby AI prohibits the transmission of unlawful, libelous, or objectionable content. We reserve the right to terminate your subscription or limit your use of the Service for breaches of our Sending Policy.

3.5 Fair Usage Policy

Freebby AI operates under a Fair Use Policy to prevent abuse. We reserve the right to take necessary action to address improper use and protect the quality and efficiency of our Services.

4. Compliance with the Law

You shall comply with all applicable laws and regulations and indemnify us against any claims arising from your non-compliance. You agree to notify us of any violations or security breaches.

5. Subscription Plan

5.1 Plan Term

Subscription plans are available on a monthly or yearly basis.

5.2 Plan Renewal

Your subscription plan will automatically renew for an additional term unless canceled at least 7 days before the end of the current term.

5.3 Plan Changes

You may upgrade or downgrade your subscription plan. Changes to a lower-paid plan will take effect after the current plan ends, while changes to a higher-paid plan will take effect immediately.

5.4 VAT and Taxes

Prices exclude VAT or other sales taxes. Appropriate taxes will be added based on your location.

5.5 Changes in Fees

Freebby AI may change fees with 30 days' notice. Fee changes will apply to the next billing cycle. You may cancel your subscription if you disagree with the new fees.

5.6 Rights

We reserve the right to deactivate your access to the Services for failure to pay applicable fees.

6. Termination

6.1 Right of Withdrawal

The Services are exclusively for professional use, and consumer protection regulations do not apply.

6.2 Termination by Freebby AI

Freebby AI may terminate your account for any legitimate reason with reasonable notice or immediately for breaches of laws, regulations, or these Terms.

6.3 Consequences of Termination

Upon termination, all amounts owed become due immediately. You will lose access to your account and stored Data.

7. Intellectual Property – Access and Use Rights

7.1 Trademarks

Freebby AI and related trademarks are our property. You may not use these without our written consent.

7.2 Copyrights

All website content is protected by copyright laws. You may not use, copy, or modify any content without our permission.

7.3 Right of Access and Use

Subject to payment of fees, Freebby AI grants you a limited, non-exclusive, non-transferable right to access and use the Service.

7.4 Exclusive Rights

Freebby AI retains all intellectual property rights in the Services and related documentation.

8. Warranties

Freebby AI makes reasonable efforts to deliver a functional Service but does not guarantee an error-free service. You must notify us of non-compliance issues, and we will make efforts to remedy them. Freebby AI is only bound by an obligation of means.

9. Limitation of Liability

Freebby AI is not liable for indirect or consequential damages. Our total liability is limited to the amount paid by you for the Services in the preceding 12 months. This limitation does not apply to bodily injury or willful misconduct.

10. Confidentiality

Both parties agree to treat exchanged information as confidential and not disclose it except for performing the Agreement. This obligation remains in effect after termination.

11. Miscellaneous

11.1 Transfer of the Agreement – Change of Control

You may not transfer the Agreement or your rights to use the Service without our written consent.

11.2 Subcontracting

Freebby AI may use subcontractors to provide services and remains liable for their performance.

11.3 Entire Agreement

These Terms, along with any purchase orders and special conditions, constitute the entire agreement between you and us.

11.4 Severability

If any provision is deemed void, the remaining provisions remain in effect.

11.5 Force Majeure

Freebby AI is not responsible for delays or non-performance due to events beyond its control. If such events continue for more than 60 days, either party may terminate the Agreement.

12. Your Data

You retain ownership of your Data. By using our Services, you grant us the necessary rights to transmit, store, and copy your Data for providing the Service. You are responsible for your Data and communications. Freebby AI is not obligated to monitor your Data but may remove Content to prevent unlawful activity.