Last updated September 7, 2024
By using the Babble website, related applications, and any other tools, content, features, and functionalities (“Website” or “App” or "Services") provided by Concept Studio LLC ("Company," "Babble," "we," or "us"), you agree to the terms of service ("Terms of Service" ,"Terms" or “The Agreement”). These Terms dictate the conditions under which you can access and use our Services. You must thoroughly read and understand these Terms as they contain significant legal information. By accessing or using our Services, you confirm your acceptance of these Terms. By using our Services on behalf of an entity, you confirm that (a) you are an authorized representative of that entity with the power to commit the entity to these Terms, and (b) you consent to these Terms on behalf of the entity.
By using the Services you confirm that you are above the age of 18. The Services are not intended for users under the age of 18. Services including third-party created and artificial intelligence (“AI”) generated content may not be appropriate for users under the age of 18. You may need to complete a registration form to access and use certain aspects of our Services. If you decide to register, you agree to supply and keep up-to-date, accurate, and complete information about yourself as required by our registration form. Our Privacy Policy governs the data you provide during registration and other information about you.
You hold the responsibility for safeguarding your account and password, assuming full responsibility for all activities that occur under your account. You agree to (a) immediately inform Babble of any unauthorized use of your account or password or any other security breach, and (b) ensure you log out from your account after each session using the Services. Babble will not be held accountable for any loss or damage resulting from your failure to adhere to this section.
Babble reserves the right to alter or terminate , temporarily or permanently, the Services (or any part thereof) with or without prior notice. By using our Services, you accept that Babble will not be liable to you or any third party for any changes, suspensions, or discontinuation of the Services.
You acknowledge that Babble may set general rules and limits regarding the use of the Services, including but not limited to the maximum duration that data or other content will be stored by the Services and the maximum storage space allocated to you on our servers. You agree that Babble bears no responsibility or liability for the removal or failure to store any data or other content you maintain or upload to the Services. Furthermore, you acknowledge that Babble reserves the right to terminate inactive accounts and to modify these general practices and limits at any time, at its sole discretion, with or without notice. In addition, you acknowledge that all chat history you generate while using our Services may be stored, analyzed, and used by Babble for various purposes. This includes, but is not limited to, the purposes of improving our Services, training and fine-tuning our AI algorithms, presenting tailored content or ads, conducting research, and any other purposes. By using our Services, you grant Babble the right to use such chat history for these purposes.
By using Services you agree to abide by this Agreement and all community guidelines provided and posted on Services. You are solely accountable for all forms of content ("Content"), including but not limited to code, video, images, data, text, software, music, sound, photographs, graphics, and messages that you upload, post, publish, display ("Upload"), email, or otherwise transmit via our Services. The following serves as a non-exclusive list of examples of the type of Content and/or usage that Babble considers to be illegal or prohibited. Babble reserves the right to scrutinize and take suitable legal action against anyone who breaches this provision at Babble's sole discretion. Actions may include, but are not limited to, removing the offending Content from the Website or Services, suspending or terminating the account of the violators, and reporting them to the relevant law enforcement authorities. You agree to not use the Website or Services to:
Regarding the content or other materials you upload or generate using our Services ("User Content"), you assure and warrant that you possess all rights, title, and interest in such User Content. This includes, but is not limited to, all copyrights and publicity rights contained within, or have permission to use them for the applicable purposes, such as through a license or legal exception or limitation. You also understand and agree that any chat text, messages, information, data, or other content you transmit or otherwise provide during your usage of the Services ("Chat History") may be used by us for any lawful purpose. By using the Services, you grant Babble a non-exclusive, worldwide, royalty-free, fully paid-up, transferable, sublicensable, perpetual, and irrevocable license to use your Chat History for the purpose of improving the Services, training and fine-tuning our AI algorithms, conducting research, displaying targeted advertisements, and for any other lawful purposes as determined by Babble in its sole discretion. When you create or upload any User Content that you own or generate using the Service, you maintain all rights to it (to the extent that you would otherwise have such rights). You also grant, and promise to grant, Babble, to the fullest extent allowed by law, a non-exclusive, global, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license. This license allows Babble to copy, display, upload, perform, distribute, store, modify, and otherwise use your User Content for any Babble-related purpose in any form, medium, or technology, whether currently known or developed in the future.
You grant Babble and any Babble user who prompts Generations using or derived from chat bots you create or content you uploaded to Babble in the broadest possible nonexclusive, global, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and use such content and any associated Generations in any form or medium; either existing now or developed in the future.
You acknowledge and agree that the Website or Services may have features or content (“Site Content”) that are protected by various rights and laws such as copyright, patent, trademark, trade secret, or other proprietary rights. You agree not to use any data mining, robots, scraping, or similar automated data gathering or extraction methods in connection with your use of the Website or Services. If Babble blocks your access to the Website or Services (including by blocking your IP address), you agree not to circumvent this block (e.g., by masking your IP address or using a proxy IP address). Unauthorized use of the Website, Services, or Site Content is strictly prohibited. Any rights not expressly granted here are reserved by Babble. The Babble name and logos are trademarks of Babble (collectively the “Babble Trademarks”). Other trademarks displayed on the Website or Services may belong to their respective owners, who may or may not be affiliated with or endorsed by Babble. These Terms or the Website or Services should not be construed as granting any rights to use Babble Trademarks without our prior written permission. All goodwill generated from the use of Babble Trademarks will benefit us exclusively.
Babble will not be held liable for any third-party content or materials, including AI entities created by third parties and any generations they produce. This includes, but isn't limited to, any issues of intellectual property rights infringement, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of such content. You acknowledge that Babble does not pre-screen content, but reserves the right to refuse or remove any content available via the Website or Services. This includes any content that violates these Terms, Privacy Policy or is considered objectionable by Babble. You agree that you are responsible for evaluating and assuming all risks associated with the use of any content. Any questions, comments, suggestions, ideas, feedback, or other information about the Website or Services (“Submissions”) provided by you to Babble are non-confidential. Babble has the right to use and distribute these Submissions freely, without acknowledgment or compensation to you. Without limiting the foregoing, you acknowledge and agree that Babble may preserve content and may also disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Babble, its users, and the public. You understand that the technical processing and transmission of the Website and Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Babble respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify Babble of your infringement claim in accordance with the procedure set forth below. Babble will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be mailed to: Concept Studio LLC 210 E 73rd, New York, NY 10021 Attn: Legal babbleaiapp@gmail.com For your notification to be valid, it needs to be in writing and include: your electronic or physical signature as the person qualified to represent the copyright or other intellectual property owner; a detailed description of the copyrighted work or other intellectual property you believe has been violated; a clear guide to where this material is located on our site; your contact details, including address, phone number, and email; a statement by you asserting your honest belief that the use in question isn't sanctioned by the copyright or intellectual property owner, its agent, or the law; and a statement by you, under penalty of perjury, affirming the accuracy of your notice's information and your authorization to act on behalf of the copyright or intellectual property owner.
Babble adheres to the DMCA and other relevant laws and will, when deemed necessary and at its sole discretion, terminate the accounts of users who repeatedly infringe. Babble can also limit access to the Services and/or terminate the accounts of any users who violate others' intellectual property rights, regardless of whether repeat infringement is involved.
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet or to third-party applications. Babble has no control over such sites, resources, or applications and Babble is not responsible for and does not endorse such sites, resources, or applications. You further acknowledge and agree that Babble will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such sites, resources, or applications. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Babble is not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold Babble and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind, and injury (including death) arising out of or relating to your use of the Services or any related information, any User Content, your application(s) to Babble or the results thereof, your violation of these Terms of Use or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.
Your utilization of the Service is entirely at your own risk. The site is offered on an "AS IS" and "AS AVAILABLE" basis. Babble categorically renounces all forms of warranties, be they explicit, implicit, or statutory, including but not limited to the implied warranties of saleability, suitability for a specific purpose, title, and freedom from infringement. Babble provides no guarantee that (i) the Services will meet your needs, (ii) the Services will be continuous, on time, secure, or free from errors, or (iii) the outcomes derived from the use of the Services will be precise or dependable.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER BABBLE NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BABBLE OR ITS SERVICE PROVIDERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
These Terms and any action related thereto will be governed solely by the laws of the State of Delaware without regard to its conflict of laws provisions. The exclusive jurisdiction for all Disputes that you are not required to arbitrate will be the state and federal courts located in Delaware, and you waive any objection to jurisdiction and venue in such courts.
If you have any concerns or disputes about our Services, you agree to first try to resolve the dispute informally by contacting us at babbleaiapp@gmail.com. If a dispute is not resolved within 30 days of submission, you or Babble may bring a formal proceeding. These Terms include an arbitration clause and a class action waiver. By agreeing to these Terms, you consent (a) to settle all disputes through binding individual arbitration and relinquish any right to have any disputes resolved by a judge or jury, and (b) to forego your right to participate in class actions, class arbitrations, or representative actions.
We may update the Terms at any time, at our sole discretion. If we do so, we'll let you know either by posting the updated Terms on the Site or through other communications. It's important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms, you are agreeing to be bound by the updated Terms. If you don't agree to be bound by the updated Terms, then you may not use the Services anymore.
These Terms constitute the entire and exclusive understanding and agreement between Babble and you regarding the Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Babble and you regarding the Services.
You may not assign or transfer these Terms, by operation of law or otherwise, without Babble's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null. Babble may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications provided by Babble under these Terms will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Babble's failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Babble. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
If you have any questions about these Terms or the Services, please contact us at babbleaiapp@gmail.com