Last Updated: 2024-08-29
This BlogBrain Terms of Service ("Terms") is a legal agreement between you ("you," "your," or "User") and BlogBrain Inc. ("BlogBrain," "we," "us," or "our"). The following Terms govern your use of the BlogBrain website (the "Site") and all products and services offered by BlogBrain Inc. (collectively, the "Service").
If you do not agree to these Terms, you are not authorized to access or use the Site or the Service. By using the Site or the Service, you agree to be bound by these Terms, as well as any additional terms specific to particular services for which you register. These Terms may be updated from time to time, and your continued use of the Site or Service after any such update signifies your acceptance of the modified Terms.
BlogBrain provides an AI-powered chatbot platform for blog posts, designed to enhance user engagement with blog content while helping blog owners improve SEO and lead generation. The Service allows website owners to monitor and chat with visitors on their website.
2.1 To access certain features of the Service, you must register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
2.2 You are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. If you believe that your account is no longer secure, you must immediately notify us at support@blogbrain.ai.
3.1 You agree to use the Service only for lawful purposes and in accordance with these Terms. Any use of the Service in violation of these Terms is strictly prohibited.
3.2 You are solely responsible for all data, information, and other content ("Content") that you upload, post, or transmit via the Service. You agree not to use the Service to:
a) Upload, post, or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
b) Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload, post, or transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships;
d) Upload, post, or transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
e) Interfere with or disrupt the Service or servers or networks connected to the Service;
f) Violate any applicable local, state, national, or international law.
4.1 The Service, including all of its contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by BlogBrain, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
4.2 These Terms permit you to use the Service for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
a) Your computer may temporarily store copies of such materials incidental to your accessing and viewing those materials.
b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
c) You may print or download one copy of a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5.1 The Service may allow you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material ("User Content"). You retain any copyright and other proprietary rights that you may hold in the User Content that you post to the Service.
5.2 By providing User Content to the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and BlogBrain's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels.
6.1 Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy, which is incorporated by reference into these Terms.
6.2 If you are established in the European Economic Area (EEA), you provide goods or services to customers in the EEA, or you are otherwise subject to the requirements of the EU General Data Protection Regulation, BlogBrain's collection and use of personal information of any European residents is also subject to our Data Processing Addendum.
7.1 BlogBrain offers various subscription plans for the Service. You agree to pay all fees associated with the plan you choose.
7.2 Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Service in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees using other collection mechanisms.
7.3 All fees are non-refundable except as expressly set forth in these Terms or when required by law.
8.1 We may terminate or suspend your access to all or any part of the Service at any time, with or without cause, with or without notice, effective immediately.
8.2 If you wish to terminate your account, you may simply discontinue using the Service.
8.3 All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
9.1 THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
9.2 IN NO EVENT SHALL BLOGBRAIN, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
9.3 IN NO EVENT SHALL BLOGBRAIN'S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT PAID BY YOU TO BLOGBRAIN FOR THE SERVICE IN THE LAST TWELVE MONTHS.
You agree to defend, indemnify, and hold harmless BlogBrain, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Service.
These Terms and any dispute or claim arising out of or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms in your country of residence or any other relevant country.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at support@blogbrain.ai.
By using the BlogBrain Service, you acknowledge that you have read and understood these Terms and agree to be bound by them.