WHEREAS, BITE Buddy constitutes a proprietary conversational artificial intelligence system ("the System") developed and operated by 2AM Fusion, Inc. ("the Company"). By accessing, utilizing, or otherwise engaging with the System, you ("the User") hereby acknowledge and expressly agree to be legally bound by these Terms and Conditions ("the Agreement").
For the purposes of this Agreement, the following terms shall have the meanings assigned to them hereunder:
The User is hereby granted authorization to utilize the System for business purposes in accordance with their subscription plan and service agreement with the Company, subject to the limitations and restrictions set forth herein. The User may only use the System in connection with their authorized business operations and may not resell, redistribute, or provide access to the System to any unauthorized third parties.
By utilizing the System, the User hereby expressly grants 2AM Fusion, Inc. an irrevocable right to access, process, and utilize User's POS and delivery software data, including without limitation customer information and transaction history. Such data shall be utilized for analytics and marketing services, including but not limited to customer behavioral analysis, sales trend evaluation, and marketing optimization. All data processing shall be conducted in accordance with the Company's Privacy Policy and applicable data protection legislation.
The User is expressly prohibited from utilizing the System for any unlawful or harmful purposes, including without limitation:
The Company retains exclusive ownership and all intellectual property rights in and to the System, including without limitation all software, algorithms, methodologies, and associated intellectual property.
Subject to these Terms and Conditions, the User is granted a limited, non-exclusive, non-transferable, revocable license to utilize the System for personal, non-commercial purposes.
THE SYSTEM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
The User acknowledges that the System employs artificial intelligence technologies which may be subject to errors or inaccuracies. The Company expressly disclaims any liability arising from such errors or inaccuracies.
IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE USE OF THE SYSTEM.
The User hereby agrees to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, obligations, losses, liabilities, costs, and expenses arising from or relating to User's use of the System.
The Company reserves the right, in its sole discretion, to terminate User's access to the System at any time and for any reason, with or without notice.
Upon termination, the User shall immediately cease all use of the System and destroy any related materials in User's possession.
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. Any dispute arising hereunder shall be subject to the exclusive jurisdiction of the courts of Texas.
This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, whether written or oral. If any provision of this Agreement is found to be unenforceable, the remaining provisions shall continue in full force and effect.
The Company reserves the right, at its sole discretion, to modify, amend, or update these Terms and Conditions at any time without prior notice. Continued use of the System following any such modifications shall constitute acceptance of such modifications.
BY UTILIZING THE SYSTEM, THE USER ACKNOWLEDGES HAVING READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS AND CONDITIONS SET FORTH HEREIN.
NOTICE: Telecommunications carriers shall not be held liable for delayed or undelivered communications.
Last updated on 01/12/2025