Terms of Service

These Terms of Service ("Terms") govern your use of the services provided by Bula Labs, Inc. ("we", "us", "our", or "Company"), including without limitation our website, web application, mobile application (the "Mobile App"), or other digital products or services that link to or reference these Terms (collectively, the "Services"). These Terms are a binding legal agreement between you or the entity you represent ("you" or "your") and Company. In these Terms, a "user" is you or anyone who accesses, browses, or in any way uses the Services. You must agree to these Terms before you can use the Services. You can agree to these Terms by: (a) actually using the Services, including, without limitation, accessing our website or web app, and/or (b) clicking to indicate that you agree to the Services. These Terms are to ensure that you will use the Services only in the ways in which we intend for it to be used. Please read these Terms carefully, as they may have changed. Though your access and use of the Services is governed by the Terms effective at the time, please note that we may revise and update these Terms from time to time in our discretion. If we make a change to the Terms, we will post the revised Terms on our website and/or web app. Without limiting the foregoing, if we make a change to the Terms that materially impacts your use of the Services, we will endeavor to notify you by email at the email address you provide to us.

By accessing or using the Services:

• (a) You acknowledge that you have read, understood, and accept these Terms and any additional documents or policies referred to in or incorporated into these Terms, whether you are a visitor to our Services or a registered user;
• (b) You represent and warrant that (i) you are at least eighteen (18) years of age and have the right, authority, and capacity to enter into these Terms, either on behalf of yourself or the entity that you represent, (ii) you are not located in a country embargoed by the United States and that you are not on the U.S. Treasury Department's list of Specially Designated Nations, and (iii) you will comply with all applicable laws and regulations in connection with your use of the Services and in accordance with the terms and conditions specified in these Terms;
• (c) If these Terms have materially changed since you last access or used the Services, you acknowledge and agree that your continued access or use of the Services constitutes your acceptance of the changed Terms; and
• (d) You consent to receive communications from us electronically, and you agree that such electronic communications, notices, and postings satisfy any legal requirements that such communications be in writing.

1. Accessing the Services

The Services are controlled or operated (or both) from the United States and are not intended to subject Company to any non-U.S. jurisdiction or law. The Service may not be appropriate or available for use in some non-U.S. jurisdictions. You must comply with all applicable laws, rules and regulations in doing so. We may limit the Services' availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

We grant you permission to access and use the Services subject to the restrictions set out in these Terms. It is a condition of your use of the Services that the information you provide is correct, current, and complete. Your use of the Services is at your own risk, including the risk that you may be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. You are responsible for making all arrangements necessary for you to have access to the Services. We may close your account, suspend your ability to use certain portions of the Services, and/or ban you altogether from the Services for any or no reason, and without notice or liability of any kind.

You understand that by using the Services you consent and agree to the collection and use of certain information about you and your use of the Services in accordance with our Privacy Policy, which is incorporated by reference into and forms a part of these Terms. If you object to your information being used in this way, please do not use the Services. For more information please read our full Privacy Policy.

2. Affiliate Disclosures

We participate in affiliate marketing programs and earn commissions from qualifying purchases. When you click links to products through the Services and make purchases, we may receive a commission at no additional cost to you. Affiliate relationships do not increase the price you pay. Our recommendations are based on our own analysis, not commission rates.

Amazon Associates: We are a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com. As an Amazon Associate we earn from qualifying purchases.

3. Account Registration and Account Security

Some or all of the Services and certain features or functionalities, may require you to register an account with us. When you do, we may ask you to provide certain registration details or other information about yourself. All such information is subject to our Privacy Policy. You are responsible for maintaining accurate account information at all times, including a valid email address and billing information and updating such information as necessary.

Once you have an account, you are responsible for all activities that occur in connection with your account. Your access privileges may not be transferred or sublicensed by you to any third party. You will treat as confidential your account access credentials and will not to disclose it to any third-party. You agree to immediately notify us if you have any reason to believe that your account credentials have been compromised or if there is any unauthorized use of your account or password, or any other breach of security. We ask that you use particular caution when accessing your profile from a public or shared computer, or when using your account in a public space, such as a park or cafe or public library, so that others are not able to view or record your access credentials or other personal information. We will not be liable and you may be liable for losses, damages, liability, expenses, and lawyers' fees incurred by us or a third party arising from someone else using your account due to your conduct regardless of whether you have notified us of such unauthorized use.

You may not impersonate someone else to create an account, create or use an account for anyone other than yourself, permit anyone else to use your account, or provide personal information for purposes of account registration other than your own. In order to ensure we can protect and properly administer the Services and our community of users, we have the right to disable or close any user account at any time and for any reason or for no reason. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account. If your account canceled, terminated or suspended, you will lose the ability to access and use such account(s) and any of Your Content (defined below) that you have uploaded or stored using the Services. We may immediately delete Your Content at the time of cancellation, termination or suspension of such account(s), and we will not be liable to you or any third party in connection with such deletion of Your Content or your loss of access and use of such account(s).

4. Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. We are under no obligation to enforce the Terms on your behalf against another user. We encourage you to let us know if you believe another user has violated the Terms or otherwise engaged in prohibited or illegal conduct.

You agree not to, and will not assist, encourage, or enable others to use the Services:

• To violate any applicable national, regional, federal, state, local, or international law or regulation.
• To create, send, knowingly receive, display, transmit, upload, download, use, or reuse any material which:
  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person;
  • Promotes suicide or self-harm, incites hate or violence against others, or doxes another individual;
  • Contain any unsolicited or unauthorized advertisements, promotional material, "junk mail," "spam," "chain letter," "pyramid scheme" or investment opportunity, or any other form of solicitation that is not expressly approved in writing by Company in advance;
  • Violate or assists in the violation of legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations, or that otherwise may be in conflict with these Terms and/or our Privacy Policy; or
  • Be likely to deceive or confuse any person.

Additionally, you agree not to, and will not assist, encourage, or enable others to:

• Violate these Terms or any other rules or policies posted by us.
• Reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the any portion of the Services or any third party's use of the Services.
• Use the Services (or any output generated by the Services) for the development of any software program, including, but not limited to, training a machine learning or artificial intelligence (AI) system.
• Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Services, except as expressly authorized by Company.
• Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Services or on any materials printed or copied from the Services.
• Take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure.
• To stalk, send unwanted gifts to, troll, bully, harass, or offend any gift recipient.
• Record, process, harvest, collect, or mine information about other users.
• Access, retrieve, or index any portion of the Services for purposes of constructing or populating a searchable database.
• Use any robot, spider, or other automatic device, process, or means to access the Services for any purpose.
• Use the Services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature (collectively, "Viruses").
• Use the Services to violate the security of any computer network, crack passwords or security encryption codes.
• Remove, circumvent, disable, damage, or otherwise interfere with any security-related features or other restrictions of the Services.
• Bypass or ignore instructions that control access to the Service, including attempting to circumvent any rate limiting systems by using multiple API keys, directing traffic through multiple IP addresses, or otherwise obfuscating the source of traffic you send to the Services.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
• Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Services.
• Permit direct or indirect access to or use of the Services in a way that circumvents any contractual usage limit.
• Copy the Services or any part, feature, function, graphics or user interface thereof.
• Frame or mirror any part of any Services, other than framing on your own internal intranets.
• Access or use the Services for benchmarking or similar competitive analysis purposes or in order to build a competitive product or service.
• Impersonate another person, misrepresenting your affiliation with a person or entity, conducting fraud, or hiding or attempting to hide your identity.
• Any other activities we may notify you of from time to time.

The restrictions above only apply to the extent permissible under applicable law. Nevertheless, you agree not to act contrary to them (even if permissible under applicable law) without providing thirty (30) days' prior written notice to us support@joy.bot, together with any information that we may reasonably require to give us an opportunity to provide alternative remedies or otherwise accommodate you at our sole discretion.

5. Content

We are not responsible or liable to any third-party for the content or accuracy of any materials posted by you or any other user of the Services. You understand that when using the Services, you will be exposed to text, images, photos, audio, video, location data, and all other forms of data or communication ("Content") from a variety of sources, and that Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. We do not endorse any Content made available through the Services by any user or other licensor, or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with such Content.

You understand and acknowledge that you alone are responsible for Content that you submit or transmit to, through, or in connection with the Services or that you publicly display or displayed in your account profile (collectively, "Your Content"), and you, not Company, assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, reliability, appropriateness, or any disclosure by you of information in Your Content that makes you or anyone else personally identifiable. You represent that you own or have the necessary rights, consents, and permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Company. You represent and warrant that Your Content does not violate these Terms. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. By "use" we mean use, make, have made, sell, offer for sale, import, practice, copy, publicly perform and display, reproduce, perform, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content. Pursuant to this grant, you agree that we may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. Without limiting the foregoing, we may use Your Content to train, improve and fine-tune our models. Please note that you also irrevocably grant the users of the Services the right to access Your Content in connection with their use of the Services. Finally, you irrevocably waive, and cause to be waived, against Company and its users any claims and assertions of moral right or attribution with respect to Your Content. We are not and shall not be under any obligation, except as otherwise expressly set forth in these Terms or our other policies, (1) to maintain Your Content in confidence; (2) to pay you any compensation for Your Content; (3) to credit or acknowledge you for Your Content; (4) to respond to Your Content; or (5) to exercise any of the rights granted herein with respect to Your Content.

a. Copyright Infringement and Digital Millennium Copyright Act

We respect the intellectual property rights of others, and we ask our users to do the same. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, in appropriate circumstances and in our sole discretion, we may terminate the rights of any user to use the Services (or any part thereof) who infringes the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or if you are aware of someone so infringing on your rights, please provide the following information in writing to the "Copyright Agent":

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
• A description of the copyrighted work that you claim has been infringed upon.
• A description of where the material that you claim is infringing is located on the Services.
• Your address, telephone number, and email address.
• A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, and/or the law.
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf.

All notices of copyright infringement claims should go to our Copyright Agent at:

You acknowledge and agree that if you fail to substantially comply with all of the requirements above, your DMCA takedown notice may not be valid. If we receive a valid DMCA takedown notice, we may send a copy, including any contact information you provide, to the user responsible for the challenged content.

We will review your submission and take whatever action we deem appropriate under the DMCA, including removal of or disabling of access to the challenged content if appropriate. In appropriate circumstances, under our repeat infringer policy, we will also suspend or terminate the accounts of users who repeatedly or egregiously infringe the copyrights of third parties.

6. Feedback; Aggregate Data

You agree that any submission of any ideas, suggestions, and/or proposals to us through our suggestion, feedback, or similar pages ("Feedback") is at your own risk and that we have no obligations (including obligations of confidentiality) with respect to such Feedback. If you choose to submit such Feedback, you agree that we are free to use it without any restriction or compensation to you. Feedback is the exclusive property of Company and you hereby assign us all right, title, and interest in and to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback.

You further agree that we have the right to collect and analyze data and other information relating to the provision, use and performance of various aspects of the Services, and related systems (for example, anonymous and aggregated information concerning user behavior and use of the Services) ("Aggregate Data"), and we will be free (during and after the term hereof) to (i) use such information and data to improve and enhance the Services and for other development, diagnostic and corrective purposes in connection with the Services and other of our offerings, and (ii) disclose such data solely in aggregate or other de-identified form in connection with our business.

7. AI Features

You are solely responsible for evaluating the accuracy, completeness, and suitability of the Output for your use cases, and subjecting the Output to appropriate quality control procedures, including human review and verification. You acknowledge that other users of the Services or similar services may provide similar or identical input thereto and may receive Output that is similar or identical to that received by you. We do not claim ownership of any Output. You acknowledge and agree that the use of AI Features, including the transmission of Your Content to any third-party providers thereof, is an integral and necessary part of our delivery of the Services.

8. Ownership

As between the parties, we own the Services, the App, any Feedback, Aggregate Data, and all of our trademarks, logos, and branding, and any materials, inventions, work product, analysis or other deliverables that we create in connection with the Services, including proprietary rights of every kind and nature however denominated throughout the world, registered or unregistered, associated with the foregoing, including all improvements, enhancements, and derivatives thereto (collectively, "Company IP"). Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Company IP are retained by us. Use of the Company IP for any purpose not expressly permitted by this Agreement is strictly prohibited.

9. Products and Third-Party Interactions

In describing and portraying any services or products on the Services ("Products"), we attempt to be as accurate as possible; however, we do not warrant that the descriptions, instructions or information regarding the Products or any other content on the Services is accurate, reliable, current, or error-free. We reserve the right to correct typographical errors, inaccuracies, or omissions that may relate to Products from time to time without prior notice.

The Services (including the Mobile App) may contain links to third-party websites and advertisements (collectively, "Third-Party Websites & Advertisements"). When you click on a link to a Third-Party Website or Advertisement, we will not warn you that you have left our Websites and Applications and will not warn you that you are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites & Advertisements are not under our control. We provide access only as a convenience and are not responsible for any Third-Party Websites or any Third-Party Advertisements.

We do not review, approve, monitor, endorse, warrant, or make any representations with respect to such Third-Party Websites & Advertisements, or their content, products or services. You use all links in Third-Party Websites & Advertisements at your own risk. You should review applicable terms and policies, including privacy and data gathering practices of any Third-Party Websites, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

You understand and agree that any Products that you purchase as a result of recommendations from the Services shall be fulfilled by the applicable supplier through a Third Party Website ("Third Party Supplier"). If there are any issues with the Products, you must contact the Third Party Supplier. You hereby release, waive, and hold harmless Company from and against any liability associated with any Products, including without limitation the fulfillment, delivery, performance, quality, and suitability of such Products.

10. No Guarantee of Service

Although we hope to make the Services available at all times in the future, there may be times when we need to disable the Services either temporarily or permanently. The Services may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability. Keep this in mind as we will not be liable if all or any part of the Services is unavailable at any time, for any period of time. Also, from time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. We cannot and do not make any representations or warranties with respect to the devices you use to access or use the Services, including with respect to device compatibility.

11. Disclaimer of Warranties

12. Limit of Liability

13. Indemnification

You shall indemnify and hold harmless Company, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, licensors and suppliers (each, an "Indemnified Party") from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) resulting from (a) your violation of these Terms, (b) your use of the Services, (c) any of Your Content, (d) your violation of any third party right, (e) your breach of applicable law, or (f) your negligence or willful misconduct. In the event of any claim, allegation, suit or proceeding alleging any matter potentially covered by the agreements in this Section, you agree to pay for the defense of the Indemnified Party, including reasonable costs and attorneys' fees incurred by the Indemnified Party. We reserve the right, at our own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses. You agree that the provisions in this Section will survive any termination of your Account, these Terms, or your access to the Services.

14. Governing Law

This Agreement shall be governed by the laws of the State of Delaware, without respect to its conflict of laws principles. You agree to submit to the personal jurisdiction of the federal and state courts located in the State of Delaware.

15. Dispute Resolution

a. Agreement to Arbitrate

You agree that any and all disputes or claims that have arisen or may arise between you and Company, whether arising out of or relating to this Terms of Service (including any alleged breach thereof), the Services, any advertising, any aspect of the relationship or transactions between us, shall be resolved exclusively through final and binding arbitration, rather than a court, in accordance with the terms of this Arbitration Agreement, except that you may assert individual claims in small claims court, if your claims qualify. Further, this Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and such agencies can, if the law allows, seek relief against us on your behalf. You agree that, by entering into this Terms of Service, you and Company are each waiving the right to a trial by jury or to participate in a class action. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

b. Pre-Arbitration Dispute Resolution

Company is always interested in resolving disputes amicably and efficiently, and most customer concerns can be resolved quickly and to the customer's satisfaction by emailing customer support at support@joy.bot. If such efforts prove unsuccessful, a party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to Company should be sent to the 2093 Philadelphia Pike #2125, Claymont, DE 19703 ("Notice Address"). The Notice must (i) describe the nature and basis of the claim or dispute and (ii) set forth the specific relief sought. If Company and you do not resolve the claim within sixty (60) calendar days after the Notice is received, you or Company may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by Company or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or Company is entitled.

c. Prohibition of Class and Representative Actions and Non-Individualized Relief

d. Waiver of Jury Trial

YOU AND COMPANY HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Company are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 14(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

e. Arbitration Procedures

Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Consumer Arbitration Rules (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, https://www.adr.org. Information about the AAA Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, https://www.adr.org/consumer_arbitration. If there is any inconsistency between any term of the AAA Rules and any term of this Arbitration Agreement, the applicable terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms of Service as a court would. All issues are for the arbitrator to decide, including, but not limited to, issues relating to the scope, enforceability, and arbitrability of this Arbitration Agreement. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms of Service and applicable law. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. Unless Company and you agree otherwise, any arbitration hearings will take place in a reasonably convenient location for both parties with due consideration of their ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination shall be made by AAA. If your claim is for $10,000 or less, Company agrees that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based.

f. Costs of Arbitration

Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA Rules, unless otherwise provided in this Arbitration Agreement. If the value of the relief sought is $75,000 or less, at your request, Company may, in its sole discretion, pay all Arbitration Fees. If the value of relief sought is more than $75,000 and you are able to demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Company may pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Company may pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Any payment of attorneys' fees will be governed by the AAA Rules.

g. Confidentiality

All aspects of the arbitration proceeding, and any ruling, decision, or award by the arbitrator, will be strictly confidential for the benefit of all parties.

h. Severability

If a court or the arbitrator decides that any term or provision of this Arbitration Agreement (other than the subsection (b) titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" above) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court or the arbitrator decides that any of the provisions of subsection (b) above titled "Prohibition of Class and Representative Actions and Non-Individualized Relief" are invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void, unless such provisions are deemed to be invalid or unenforceable solely with respect to claims for public injunctive relief. The remainder of the Terms of Service will continue to apply.

i. One Year Limitations Period

You agree that any claim against Company must be brought within one year of the date on which you first become aware, or reasonably should have become aware, of facts giving rise to such claim. You agree that this one-year limitations period is reasonable and that if you fail to provide notice of intent to initiate an informal dispute resolution conference within such time, your claim will be forever barred and may not be pursued against Company, either in arbitration or a court.

j. Opt Out

k. Court Proceedings

Subject to and without waiver of the Arbitration Agreement, you and we each submit to exclusive personal jurisdiction and agree that any judicial proceedings (other than small claims actions) will be brought in the state or federal courts of the State of Delaware.

16. General Terms

These Terms constitute the sole and entire agreement between you and us with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Services. No waiver of these Terms by us shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure by us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified to reflect the parties' intention or eliminated to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. The Terms, and any rights or obligations hereunder, are not assignable, transferable, or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void. The section titles in the Terms are for convenience only and have no legal or contractual effect.

17. Contact

All feedback, comments, and other questions relating to the Services should be directed to: support@joy.bot.

18. Additional Terms for Mobile Applications

a. General

To use the Mobile App, you must have a mobile device that is compatible with such Mobile App. We do not warrant that any Mobile App will be compatible with your mobile device. You may use mobile data in connection with a Mobile App and may incur additional charges from your wireless service provider in connection with such Mobile App. You understand and acknowledge that you are solely responsible for any such charges. We hereby grant you a non-exclusive, limited, non-transferable, and freely revocable license to use a compiled code copy of the Mobile App(s) under your user account on one (1) or more mobile devices owned or controlled solely by you (except to the extent Apple or Google (as each of those terms is defined below) permits any shared access and/or use of the iOS App or Android App (as each of those terms is defined below), respectively), solely in accordance with these Terms. The foregoing license grant is not a sale of any Mobile App or of any copy thereof. You may not: (a) modify, disassemble, decompile, or reverse engineer any Mobile App, except to the extent that such restriction is expressly prohibited by applicable law; (b) rent, lease, loan, resell, sublicense, distribute, or otherwise transfer any Mobile App to any third party, or use any Mobile App to provide time sharing or similar services for any third party; (c) make any copies of any Mobile App; (d) remove, circumvent, disable, damage, or otherwise interfere with security-related features of any Mobile App, features that prevent or restrict use or copying of any content accessible through any Mobile App, or features that enforce limitations on use of the Mobile App; or (e) delete the copyright or other proprietary rights notices on any Mobile App. You agree that we may, from time to time, issue upgraded versions of Mobile Apps and may automatically electronically upgrade the version of the Mobile App that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and you understand and agree that the terms and conditions of these Terms will apply to all such upgrades. Any third-party code that may be incorporated into a Mobile App is covered by the applicable open source or third-party license, if any, authorizing use of such code. We or our third-party partners or suppliers retain all right, title, and interest in and to any Mobile Apps (and any copies thereof). Any attempt by you to transfer or delegate any of the rights, duties, or obligations hereunder, except as expressly provided for in these Terms, is void. We reserve all rights not expressly granted under these Terms.

b. iOS App

This Section 18(b) applies to any Mobile App you acquire from the Apple App Store (such Mobile App, the "iOS App"). These Terms are solely between you and Company, not Apple, Inc. ("Apple"), and Apple has no responsibility for the iOS App or content thereof. Your access to and use of the iOS App must comply with the usage rules set forth in Apple's then-current Apple Media Services Terms and Conditions. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iOS App. In the event of any failure of the iOS App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the iOS App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iOS App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed solely by these Terms and any law applicable to Company as the provider of the iOS App. Apple is not responsible for addressing any claims of you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (a) product liability claims; (b) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. In the event of any third-party claim that the iOS App, or your possession and use of the iOS App, infringes that third party's intellectual property rights, Company, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim, to the extent required by these Terms. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms as they relate to the iOS App, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as they relate to the iOS App against you as a third-party beneficiary thereof.

c. Android App

This Section 18(c) applies to any Mobile App you acquire from the Google Play Store (such Mobile App, the "Android App"): (a) these Terms are between you and Company only, and not Google LLC or any affiliate thereof (collectively, "Google"); (b) your access to and use of the Android App must comply with Google's then-current Google Play Terms of Service; (c) Google is only a provider of the Google Play Store where you obtained the Android App; (d) Company, and not Google, is solely responsible for the Android App; (e) Google has no obligation or liability to you with respect to the Android App or these Terms; and (f) Google is a third-party beneficiary to these Terms as they relate to the Android App.