Thank you for using BB9!
These Terms of Use apply when you use the integrations, lead management functionality, data collection, tools, application programming interface and websites (“Services”) of the chatbot integration (“Bot”). BB9 also refers to the members of the development team.
(a) Agreement. By using the Bot, you acknowledge that you have read, understood, and agree to be bound by these Terms, including any additional guidelines, rules, or policies referenced herein.
(b) If you do not agree with any provision of these Terms, you may not use the Bot.
(a) Use of Services. We give you the right to access and use the Services, in accordance with these Terms. You will comply with these Terms and all applicable laws when using the Services. We retain full ownership of the Services and the Bot.
(b) Feedback. We may ask for feedback, comments, ideas, proposals and suggestions for improvements to the Bot. If you provide any of these, we may use them without restriction or compensation to you.
(c) Changes. We reserve the right to make changes to the Bot’s underlying software at any time and for any reason, without notice, in order to continue to provide the Services.
(d) Restrictions. You may not use the Services in any way that violates the Terms of Service of OpenAI. Those can be found here: https://openai.com/policies/terms-of-use
(a) Your Content. You, your clients or business leads may provide input to the Bot (“Input”), and receive output created and sent to your client by the Services based on the Input (“Output”). Input and Output are together called “Content.” All input is yours and owned by you, subject to law. Subject to your compliance with these Terms, BB9 hereby assigns to you all its right, title and interest in and to Output. You are solely responsible for Content that violates any laws or these Terms.
(b) Use of Content to Improve Services. We may, from time to time, use your Content to improve the Bot. You retain ownership, but you grant us the right to review your Content for improving Services and the Bot.
(c) Use of Content to Market the Services. We may, from time to time, use your Content, which is stored by us on the Platform, for marketing purposes. We may create marketing content which references, in part or in whole, your Content. This could include case studies, social media content, videos, graphics, website content or other marketing content. We will anonymize your Content before usage. If you wish to remove consent for this, please let us know in writing.
(c) Accuracy. Due to the nature of AI, and it’s current stage of development, it can at times Output inaccurate or wrong information. We are not responsible for any harm or damages caused by inaccurate Output.
(a) Confidentiality of Contacts. We will not distribute, sell, or otherwise disclose contact information you own to third parties. We do not use identifiable client conversations in marketing materials unless you give us explicit permission. Upon request, we will take additional steps to prevent the use of anonymized conversation insights in marketing materials. We will never contact your leads, clients, or contacts for our own business purposes.
(b) Processing of Personal Data. If you use the Services to discuss personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law.
(c) Link Tracking. As a feature, we track link clicks and record when a lead books a call. If you want this feature disabled, you may request us to do so for your account. We use this data to improve the quality and effectiveness of our Services, and to track the overall effectiveness of the Bot. We may publish compiled data in marketing, such as the overall close rate of the Bot.
(a) Termination; Suspension. These Terms take effect when you first use the Services and remain in effect until terminated. You may terminate these Terms at any time for any reason by discontinuing the use of the Services and Content. We may suspend your access to the Services if you do not comply with these Terms, if your use poses a security risk to us, or if we suspect that your use is fraudulent or could subject us to liability.
(b) Effect on Termination. Upon termination, you will stop using the Services and you will promptly return or, if instructed by us, destroy any Confidential Information. Any relevant Terms will survive termination.
(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services.
(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE.
(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
(a) Relationship of the Parties. These Terms do not create a partnership, joint venture or agency relationship between you and BB9. BB9 and you are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.
(b) Modifications. We may amend these Terms from time to time by posting a revised version on the website, or if an update materially adversely affects your rights or obligations under these Terms we will provide notice to you either by emailing the email associated with your account or providing an in-product notification. Those changes will become effective no sooner than 30 days after we notify you. All other changes will be effective immediately. Your continued use of the Services after any change means you agree to such change.
(c) Waiver and Severability. If you do not comply with these Terms, and BB9 does not take action right away, this does not mean BB9 is giving up any of our rights. If any part of these Terms is determined to be invalid or unenforceable by a court of competent jurisdiction, that term will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
(d) Equitable Remedies. You acknowledge that if you violate or breach these Terms, it may cause irreparable harm to BB9 and its company members or affiliates, and BB9 shall have the right to seek injunctive relief against you in addition to any other legal remedies.
(e) Entire Agreement. These Terms and any policies incorporated in these Terms contain the entire agreement between you and BB9 regarding the use of the Services and, other than any Service specific terms of use or any applicable enterprise agreements, supersedes any prior or contemporaneous agreements, communications, or understandings between you and BB9 on that subject.
(f) Jurisdiction, Venue and Choice of Law. These Terms will be governed by the laws of the Province of Ontario, Canada. Except as provided in the “Dispute Resolution” section, all claims arising out of or relating to these Terms will be brought exclusively in the courts of Kitchener Ontario, Canada.