Last Updated: Dec. 14th, 2023
These terms of service (“Terms”)apply to your access and use of Observant AI (the “Service”). Please read themcarefully.
Accepting these Terms
If you access or use the Service,it means you agree to be bound by all of the terms below. So, before you usethe Service, please read all of the terms. If you don't agree to all of theterms below, please do not use the Service. Also, if a term does not make senseto you, please let us know by emailing support@observantai.com.
Changes to these Terms
We reserve the right to modifythese Terms at any time. For instance, we may need to change these Terms if wecome out with a new feature or for some other reason.
Third-Party Services
From time to time, we may provideyou with links to third party websites or services that we do not own orcontrol. Your use of the Service may also include the use of applications thatare developed or owned by a third party.
Creating Accounts
When you create an account or useanother service to log in to the Service, you agree to maintain the security ofyour password and accept all risks of unauthorized access to any data or otherinformation you provide to the Service.
Observant AI Materials
We put a lot of effort intocreating the Service including the logo and all designs, text, graphics,pictures, information, and other content. This property is owned by us or ourlicensors and it is protected by U.S. and international copyright laws.
Unavoidable Legal Stuff
THE SERVICE AND ANY OTHER SERVICEAND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICEARE PROVIDED TO YOU ON AN AS IS OR AS AVAILABLE BASIS WITHOUT ANYREPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL WARRANTIESAND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THESERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THESERVICE WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM ORUSAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
IN NO EVENT WILL OBSERVANT AI BELIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL,EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTIONWITH THE SERVICE OR ANY OTHER SERVICE AND/OR CONTENT INCLUDED ON OR OTHERWISEMADE AVAILABLE TO YOU THROUGH THE SERVICE, REGARDLESS OF THE FORM OF ACTION,WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEENADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR ARE AWARE OF THE POSSIBILITY OFSUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CAUSES OF ACTION AND UNDER ALLTHEORIES OF LIABILITY WILL BE LIMITED TO THE AMOUNT YOU PAID TO OBSERVANT AI.THIS SECTION WILL BE GIVEN FULL EFFECT EVEN IF ANY REMEDY SPECIFIED IN THISAGREEMENT IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnifyand hold us harmless from and against any and all costs, damages, liabilities,and expenses (including attorneys' fees, costs, penalties, interest anddisbursements) we incur in relation to, arising from, or for the purpose ofavoiding, any claim or demand from a third party relating to your use of theService or the use of the Service by any person using your account, includingany claim that your use of the Service violates any applicable law orregulation, or the rights of any third party, and/or your violation of theseTerms.
Termination
If you breach any of these Terms,we have the right to suspend or disable your access to or use of the Service.
Age Restriction
The Service is not intended forindividuals under the age of 18. By using the Service, you represent andwarrant that you are at least 18 years old.
Cancellation and Refund Policy
You may request to cancel youraccount with Observant AI at any time by contacting our support team atsupport@observantai.com. However, please be aware that Observant AI does notissue refunds upon cancellation. You remain responsible for all monies owed forthe entire duration of your service contract. No refunds will be provided forcancellations, and all financial commitments as per your service agreement mustbe honored.
Force Majeure
We shall not be liable for anyfailure to perform our obligations hereunder where such failure results fromany cause beyond our reasonable control.
Ethical Use Policy
You agree to use the Serviceethically and responsibly. You shall not use the Service for any unlawful,unethical or discriminatory activities.
Prohibited Activities
In using our Service, you mustnot engage in any activity that violates any law or governmental regulation,use the Service for any fraudulent or inappropriate purposes, or disseminateviruses or other malicious code through the Service.
Dispute Resolution
Any disputes arising out of or inconnection with these Terms, or your use of the Service, shall be exclusivelyresolved through binding arbitration. Observant AI reserves the right to selectthe arbitrator for such proceedings. The arbitration will be conducted in theState of California, in accordance with the rules of the American ArbitrationAssociation. By using the Service, you agree to be bound by the decision of thearbitrator chosen by Observant AI.
Governing Law
These Terms shall be governed byand construed in accordance with the laws of the State of California, withoutregard to its conflict of law principles.
Feedback
Please let us know what you thinkof the Service, these Terms and, in general, Observant AI. When you provide uswith any feedback, comments or suggestions about the Service, these Terms and,in general, Observant AI, you irrevocably assign to us all of your right, titleand interest in and to your feedback, comments and suggestions.
Entire Agreement
These Terms constitute the entireagreement between you and Observant AI regarding the use of the Service,superseding any prior agreements between you and Observant AI relating to youruse of the Service.
Questions & Contact Information
Questions or comments about theService may be directed to us at support@observantai.com or at our mailingaddress: Buglife, Inc., D/B/A Observant AI, 440 N Barranca Ave #8340, Covina,CA 91723, United States.
