Effective Date: November 23, 2020
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND BEBBLI HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 32 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST BEBBLI TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A HOME ASSISTANT, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 33.
MATERIAL TERMS AND NOTICES
The Bebbli Platform connects you to other Users. You are neither an employee nor subcontractor of Bebbli;
The use of the Bebbli Platform may be subject to separate third-party terms of service and fees, including, without limitation, such terms of service and fees imposed by your mobile network operator (the “Carrier”), including fees charged for data usage and overage, which are your sole responsibility;
The Bebbli Platform is provided “as is” without warranties of any kind, and Bebbli’s liability to you is limited regarding the performance of Services;
Bebbli provides Users the Bebbli Guarantee (Section 6) to ensure your satisfaction with your Platform experience;
Access to certain features of the Bebbli Platform may require access to information about the location of your device, such as GPS coordinates;
We may, without further notice or warning and in our discretion, access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users (as defined in Section 2) that occur through the Bebbli Platform for our business purposes, including to provide and improve Family service and the Bebbli Platform, fraud prevention, and to identify violations of this Agreement;
You agree not to circumvent the Bebbli Platform by soliciting, scheduling and/or paying for Services and/or Additional Services outside the Platform;
You agree to and acknowledge the “Notice Regarding Apple” in Section 41 below.
2. Bebbli Platform Connects Users
For purposes of this Agreement, Bebbli provides a platform for individuals seeking household domestic services (“Family” or “Families”) as listed in Section 4c below to individuals and entities who provide care services ("Home Assistant" or “Home Assistants”). The services provided by Home Assistant to the Family that are scheduled through the Bebbli Platform shall be referred to as the "Services.” Services specifically do not comprise “Excluded Services” (particular jobs deemed ineligible for scheduling or performing through the Bebbli Platform due to applicable licensing/permitting regulations and other similar requirements). Bebbli reserves the right to alter, modify and remove Service requests.
Unless otherwise disclosed, Home Assistants are deemed to be unlicensed. Please note that in certain markets Home Assistant may be required to have a license to perform certain Services that will exceed a monetary threshold. For example, regulations applicable in certain markets require a license for work that will total more than $500.00. Accordingly, Families must determine for themselves whether a Home Assistant is qualified to perform the requested Service. Families should consult their state or local requirements to determine whether certain Services are required to be performed by a licensed professional.
Services ordered through the Bebbli platform may include delivery, installation, and/or assembly of furniture or other items obtained from a third party (“Merchandise”). Bebbli does not provide and is not responsible for Merchandise and does not itself provide the Services.
ANY DECISION BY USERS TO OFFER OR ACCEPT SERVICES THROUGH THE BEBBLI PLATFORM IS A DECISION MADE IN SUCH USER'S SOLE DISCRETION. IT IS ENTIRELY UP TO THE FAMILY TO EVALUATE THE HOME ASSISTANT AND THE HOME ASSISTANT’S QUALIFICATIONS, AND UP TO THE HOME ASSISTANT TO EVALUATE THE JOB ORDERED. EACH SERVICE PROVIDED BY A HOME ASSISTANT TO A FAMILY SHALL CONSTITUTE A SEPARATE AGREEMENT BETWEEN THAT HOME ASSISTANT AND FAMILY. HOME ASSISTANTS ARE INDEPENDENT CONTRACTORS AND NOT EMPLOYEES OR SUBCONTRACTORS OF BEBBLI. BEBBLI MAKES NO REPRESENTATION AND IS NOT RESPONSIBLE FOR THE PERFORMANCE OF USERS, NOR DOES IT HAVE CONTROL OVER OR MAKE REPRESENTATIONS REGARDING THE QUALITY, TIMING, LEGALITY, FAILURE TO PROVIDE, OR ANY OTHER ASPECT WHATSOEVER RELATING TO ANY SERVICES. BEBBLI DOES NOT HAVE CONTROL OVER THE QUALITY, TIMING OR LEGALITY OF SERVICES DELIVERED BY HOME ASSISTANTS. BEBBLI HAS NO RESPONSIBILITY OR LIABILITY FOR ANY SERVICES PROVIDED TO FAMILIES BY HOME ASSISTANTS, INCLUDING, BUT NOT LIMITED TO, A WARRANTY OR CONDITION OF GOOD AND WORKMANLIKE SERVICES, WARRANT OF FITNESS FOR A PARTICULAR PURPOSE OR COMPLIANCE WITH ANY LAW, REGULATION OR CODE. EXCEPT AS OTHERWISE SET FORTH HEREIN, BEBBLI IS NOT AFFILIATED WITH, ENDORSED OR SPONSORED BY ANY HOME ASSISTANT.
3. Home Assistant Background Check
Bebbli offers to individuals who have registered as Home Assistants on Bebbli Platform a background check services from third-party (“Background Check”), The Background Check service that includes, but is not limited to, a sex offenders registry check, county, state, federal and national criminal records check, driving records check and domestic and international terrorist watchlist check. The Background Checks are made available for purchase by Home Assistants. All background checks require payment of a fee. Bebbli also requires each Home Assistant to submit to Bebbli a government-issued photo ID and a profile picture.
If you are a Home Assistant and you have ordered a background check on yourself from a third-party consumer reporting agency through Bebbli Platform, we may indicate in your profile that you have completed that check. However, we will not share the results with any other site visitor or User without your specific authorization.
By registering for and using Bebbli Platform as a Home Assistant or a Family, you hereby acknowledge and agree that Bebbli has the right, but not the obligation, to use a third-party consumer reporting agency on an ongoing basis to use your personal information to run periodic background screenings on you for the purpose of protecting the safety and integrity of our platform and its Users, which may, in the case of certain Home Assistants, be deemed to be an employment purpose under the Fair Credit Reporting Act. Subject to certain additional disclosures and authorizations, if applicable to you as a Home Assistant, Bebbli may order these screenings when you register with Bebbli Platform and thereafter in connection with your continued use of our Platform and/or interaction with our platform.
Bebbli will receive a copy of each background check you ordered or authorized through Bebbli Platform. Bebbli may review and use any background checks you have ordered or authorized about yourself for the purpose of protecting the safety and integrity of our platform and its Users, which may also be considered an employment purpose pursuant to the Fair Credit Reporting Act. Bebbli reserves the right to terminate Home Assistants’ membership based on the information contained in such report, even if such information was subsequently dismissed. As a Home Assistants you are responsible for making sure that the email address you provided to Bebbli is correct, knowing that sensitive information will be sent to it. If Bebbli terminates your membership or access to the Platform on the basis of information in a background check, we will notify you and provide you the name and contact information of the consumer reporting agency that created the report. We will also provide you a copy of the report unless the consumer reporting agency has already provided you a copy or access to it.
Although Bebbli performs background and identity checks on each Home Assistant, Bebbli cannot confirm that each Home Assistant is who they claim to be, and therefore, Bebbli cannot and does not assume any responsibility for the accuracy or reliability of the identity or Background Check information or any information provided through the Service. Bebbli cannot and does not guarantee that a Home Assistant’s profile and background check information are current and up to date.
SPECIAL NOTICE FOR MASSACHUSETTS AND NEW HAMPSHIRE: Criminal County Searches conducted in Massachusetts and New Hampshire as part of the Criminal Records Check and the Criminal+MVR Records Check (for individuals who are believed to have lived in one or both of these states during the seven years preceding the background check request) search only the Superior Court and a single District Court in the county seat or its equivalent for each county listed below. Criminal records (including misdemeanors and felonies) from other courts in these states will not be searched.
This is an illustrative, non-comprehensive, list of certain state and county limitations of the background checks offered through Bebbli platform; additional limitations may apply in certain jurisdictions, including on the federal level. For example, for many states only certain registered sex offender information is reported, and for many states, only a subset of felony convictions are reported (and not any misdemeanors, charges or arrest records).
In addition to legal and reporting system limitations of background checks, each check is performed with the authorization of the person being checked, using information he or she provides, such as home address, social security number, date of birth, and name. If a candidate provides incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the criminal check. Finally, criminal records are not always reported accurately or promptly, and human and electronic error can result in inaccurate or incomplete reporting. Consequently, even the most comprehensive background check offered may not disclose the existence of all criminal records in all jurisdictions.
If you decide to access, use, or share information provided by a background check, you agree to do so in accordance with applicable law. You also agree to release, indemnify and hold harmless Bebbli from any loss, liability, injury, death, damage, or costs that may result from your use of, reliance on, or sharing of the information contained in a background check regardless of the cause, including, without limitation, due to the inaccuracy or incompleteness of any such information.
You expressly acknowledge that Bebbli has no obligation to perform background checks on any Users. To the extent Bebbli performs such checks on certain Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive evidence of the accuracy of any information those Users have provided or of their eligibility to use the Services.
YOU ACKNOWLEDGE AND AGREE THAT BEBBLI IS NOT LIABLE FOR DAMAGE THAT MIGHT ARISE OUT OF THE SERVICES. BEBBLI IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER INCLUDING HOME ASSISTANTS, AND WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH ANY SERVICES. Each User should exercise caution and common sense to protect their personal safety and property, just as you would when interacting with any person with whom you do not know. Bebbli’s sole liability with respect to the Services performed by Home Assistants is as set forth in the Bebbli Guarantee described in Section 6.
4. Travel Fees for Services and Additional Services; Excluded Services
Job Fee. Families shall be charged pursuant to the rates quoted via the Bebbli Platform at the time the Service is booked, which shall be based on the location where such Services are to be performed (the "Job Fee”). If applicable, the Job Fee shall include a variable fee for additional mileage traveled to complete delivery, courier, drop-offs, pickups, shopping and moving-related Services. To determine such mileage fee, we use the Google Maps service to pre-calculate the distance between the Family-provided addresses for origination and destination. Bebbli has the authority and reserves the right to determine and modify pricing by posting revised applicable Job Fees to your market though the App or by applying advertised sales or promotional discounts to the posted Job Fees, which will be disclosed to you prior to your submission as a Family or acceptance as a Home Assistant of a Service request. You are responsible for reviewing the applicable Job Fee prior to the submission or acceptance of a Service. As a Family, you shall be responsible for all incurred Job Fees charged under your User account regardless of your awareness of such Job Fees or the amounts thereof. Similarly, as a Home Assistant, you agree that the Job Fees for the Services that you perform shall be the amount disclosed to you prior to your acceptance of a Service regardless of your awareness of such Job Fees or the amount thereof.
Included Services. Users hereby agree that the Services listed below are offered through the Bebbli Platform (collectively, the "Included Services"):
Excluded Services. Users hereby agree not to schedule or perform any of the following as Services or Additional Services through the Bebbli Platform (collectively, the "Excluded Services"):
Users of the Bebbli Platform contract for the Services through Bebbli Platform. The Bebbli Platform facilitates these contracts by supplying a medium through which Families can connect with Home Assistants, schedule the Services, and make payments for the Services through Bebbli Platform to the Home Assistant. Notwithstanding the foregoing, Families may not circumvent the Bebbli Platform by using the Bebbli Platform to connect with Home Assistants and then engage those Home Assistants for Services outside of the Bebbli Platform.
Payment Processing Service. To facilitate payment for the Services, each Family is required to register a credit, debit or prepaid card and each Home Assistant is required to register using the Home Assistant's bank account details information. You authorize Bebbli and the payment processing service retained by us (currently, Stripe) to facilitate the transaction of the Services and the payment remittance of all applicable charges and fees between you and other Users and between you and us. All payments transacted through Stripe shall be subject to the Stripe Connected Account Agreement, located at https://stripe.com/connect/account-terms,which includes the Stripe Terms of Service, located at https://stripe.com/us/terms (collectively, the "Stripe Services Agreement"). By agreeing to this Agreement, you agree to be bound by the Stripe Services Agreement, which may be modified by Stripe from time to time. As a condition of Bebbli facilitating payment processing services through Stripe, you agree to provide Bebbli accurate and complete information about you and, if applicable, your business, and you authorize Bebbli to share it and transaction information related to your use of the payment processing services provided by Stripe.
Family Payments. As a Family, we will charge your credit, debit or prepaid card according to the amount of all Services and Additional Services, if any, you scheduled through the Bebbli Platform, which amount will include: (i) the Job Fee applicable to the Services or Additional Services that were provided to you by your Home Assistant; (ii) any out of pocket expenses that were published in connection with the Services (e.g. money approved by you to be spent on your behalf); (iii) any tip or gratuity you elect to give to your Home Assistant. You hereby authorize us to charge the payment method on file in your account for such amounts weekly for reoccurring service upon your approval of the Home Assistant’s timesheet and expenses and immediately after a Service is completed for a one-time Service, if there is no filed complaint with respect to such Service or if such complaint has been otherwise resolved as determined by Bebbli in its sole discretion. We retain the right, in our sole discretion, to seek authorization of your selected payment method to verify the payment method, ensure that all fees related to your order will be covered, and protect against unauthorized behavior. The authorization is not a charge; however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or prepaid card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank.
No refunds or credits will be provided once the Family's selected payment method has been charged. While we will use commercially reasonable efforts to protect all payment method information and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. The Job Fee quoted is exclusive of taxes. Bebbli is not responsible or liable for any taxes incurred in connection with the Service excluding taxes on Bebbli's income. Families will be liable for all transaction taxes on the Service(s) provided (other than taxes based on Bebbli's income).
Home Assistant Payments. As a Home Assistant, upon your satisfactory performance of a Service and any Additional Services for the Families as a self-employed Home Assistant through the Bebbli Platform, and upon the Family’s payment for such Services, you will receive the following: (i) the applicable Job Fee for the Service and any Additional Services (net of the applicable Use Fee, as discussed below); (ii) any out-of-pocket expenses that were published in connection with a Service; and (iii) any tip or gratuity provided to you by the Family (collectively, the "Home Assistant Payment"), which will be communicated to you through the Site. Bebbli will process all Home Assistant Payments due to you through its third-party payment processor on a weekly basis for reoccurring service and 2 days for one-time service. You acknowledge and agree the Home Assistant Payment shall not include any interest and will be net of any amounts that we are required to withhold by law. You expressly authorize Bebbli to pre-set the prices on your behalf for all fees that apply to the provision of Services that you provide through the Bebbli Platform.
Nothing set forth herein shall prohibit or otherwise restrict Home Assistants from negotiating Additional Services with a Family. Bebbli reserves the right to withhold all or a portion of Job Fees if it believes that you have attempted to defraud or abuse Bebbli or Bebbli's payment systems.
6. Bebbli Guarantee
Our Bebbli Guarantee is that the Service you order and pay for will be performed as described in the description of the Service when you ordered it. If you have ordered and paid for a Service but you believe the Service was not performed in accordance with the Bebbli Guarantee you must report the issue within twelve (12) hours of the Service appointment’s completion to our Support Center at 844-4-BEBBLI and respond to all follow up questions requested of you from the Support Center, at which point you may be eligible for the Bebbli Guarantee Remedies. The "Bebbli Guarantee Remedies" are as follows: (i) if we determine that a Service does not meet the Bebbli Guarantee we will, in our sole discretion, either refund (in part or in full) the payment you actually made for such Service, or have the applicable Service re-performed. If the Service is re-performed but we determine the re-performance still does not meet the Bebbli Guarantee, we will refund the payment actually made for such Service. The amount of the Bebbli Guarantee is limited to any payment you made for the Service. (ii) if you lost your Home Assistant to illness or death or the relationship does not work out and you have reported several instances to the Support Center and find the fault to be from the Home Assistant, we will find you a replacement Home Assistant that you can interview within a week. The Bebbli Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services. To be clear, the Bebbli Guarantee does not apply to any payments made for Services not scheduled and paid for through the Bebbli Platform. THIS SECTION 6 STATES BEBBLI'S SOLE AND EXCLUSIVE LIABILITY, AND FAMILY'S SOLE AND EXCLUSIVE REMEDY, FOR ANY DAMAGES OR CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SERVICES.
Bebbli reserves the right in its sole discretion to eliminate the Bebbli Guarantee altogether or to modify its terms at any time, effective with or without notice and without any liability to Bebbli, although Bebbli will endeavor to post notification of any material changes.
7. Service Cancellation
Bebbli's cancellation policy for Services is as follows:
Cancellation by Family. As a Family, you may cancel your scheduled Service through the App at any time, subject to the following:
Services Booked 24 Hours in Advance
Services Booked Less 24 Hours in Advance
Cancellation by Home Assistant. As a Home Assistant, although you may cancel your scheduled Service through the App if necessary, please understand that your cancellations are serious matters and may result in the suspension or deactivation of your Home Assistant Account. If you are more than fifteen (15) minutes late for a scheduled Service (note: the scheduled time for a “Now” appointment is one (1) hour from the time you are selected by your Family) or fail to complete a scheduled Service, you shall be deemed to have cancelled such appointment. When you cancel a scheduled Service appointment, the Bebbli Platform generally notifies your Family to resubmit the request for Service. Bebbli cannot guarantee that a cancelled Service appointment will be selected by another Home Assistant and rescheduled or that the Service request will be completed. Thus, your cancellation or failure to timely show up to perform a scheduled Service could negatively impact your Family and the Bebbli Platform. As a result, such conduct may adversely impact your Home Assistant rating. PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “NOW” APPOINTMENTS, (B) ANY SCHEDULED SERVICE WITH LESS THAN TWENTY-FOUR (24) HOURS NOTICE, OR (C) TWO OR MORE SCHEDULED SERVICES WITHIN A THIRTY (30)-DAY PERIOD IS A VIOLATION OF THE TERMS OF THIS AGREEMENT, WHICH MAY RESULT IN THE SUSPENSION OR DEACTIVATION OF YOUR HOME ASSISTANT ACCOUNT.
8. Home Assistant Access Fee
As a Home Assistant, you are required to pay a monthly access fee during any calendar month in which you are actively engaged in a Service. The access fee shall be $1.99 per month (the "Access Fee"). You instruct and authorize Bebbli to deduct the Access Fee from the Job Fee of the first job(s) you complete in a calendar month. You acknowledge that Bebbli reserves the right, at any time, to modify its Access Fees and billing methods.
9. Refund Policy
In order to utilize Bebbli platform, Home Assistants must pay Bebbli a recurring Use Fee and Access Fee whenever working for family through Bebbli platform, Home Assistants must also pay fee for Background Checks ordered or authorized through Bebbli platform. All payments for Use Fee, Access Fee and Background checks made on or through the Bebbli platform are non-refundable, and there are no refunds or credits for unused or partially used access to the platform, even if you cancel your membership in the middle of a month.
To help maintain the quality of the Bebbli Platform, Families will have the opportunity to rate the Home Assistants after or during the Services. If you rate your Home Assistant with less than 3 stars, such Home Assistant will be excluded from your future Service requests. Families will see Home Assistant ratings before selecting a Home Assistant for a job so each rating a Family gives can have an impact on that Home Assistant's future on the Bebbli Platform.
As a Home Assistant, you will also have the opportunity to rate the Families after or during the Service, If you rate a Family with less than 3 stars, you will not receive any future Service request from such Family.
We may, without further notice or warning and in our discretion, monitor or record telephone conversations that we have with you or anyone acting on your behalf for quality control and training purposes or to protect our rights. You agree to Bebbli’s use of a Home Assistant to mask your telephone number with a number provided by Bebbli when you call or exchange text (SMS) messages with another User. Bebbli and its Home Assistant reserve the right to access, store, use, and disclose the messages, call transcripts, and data about the calls/messages between and among Users that occur through the Bebbli Platform for our business purposes, including to provide and improve Family service and the Bebbli Platform, fraud prevention, and to identify violations of this Agreement. You agree to the use of masked numbers described above as well as Bebbli’s use and disclosure of the related data for legitimate business purposes.
By using Bebbli Platform, you expressly consent to being contacted by us or by our third parties via phone, fax, email, mail, text (SMS) messaging, push notifications, or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the Services set forth on Bebbli Platform, to service your account and or service request, to reasonably address matters pertaining to your account and or service request, including but not limited to notifying you of, or confirming, appointments that you have scheduled, or for other purposes reasonably related to your account and or service request and our business, including marketing related emails. You also authorize Bebbli to send you an automated prerecorded call confirming your account and or service request that can help you with your account and or service request to the land-line or mobile phone number you provided, and you understand that Bebbli may use automated phone technology (including autodialed and prerecorded messages) to provide you with operational communications concerning your account or use of the Services, updates concerning new and existing features on the Bebbli Platform, communications concerning promotions run by us, and news concerning Bebbli and industry developments, and that your consent is not required to purchase products or services.
12. Location Coordinates
To schedule and accept Services, you must possess an iOS or Android smartphone capable of accessing the Bebbli Platform (the "Mobile Device"). As a Home Assistant, you hereby acknowledge and consent to Bebbli's collection of the latitude and longitude location ("Location Coordinates") of your Mobile Device so that we can provide our services to you and the Families. For example, we may collect Location Coordinates only when you are on the job and clocked in" or equivalent on the App for the purpose of providing Families with your whereabout when you are running errands for them. The moment you complete the work for the day and clock out, we stop collecting your location information. The information is also made available to you to share your location with your family for safety reason, this is purely optional. In addition, while in Home Assistant mode, Bebbli collects the Location Coordinates of the Mobile Device on which the Bebbli Platform is installed for other purposes, including for the purpose of protecting the safety of Families and Home Assistants, and for legal purposes (such as to enforce our agreements). Bebbli does not collect or use Location Coordinates data for the purpose of controlling or monitoring the manner and means by which you provide the Services contemplated by this Agreement, or the frequency with which you use the Bebbli Platform to book Services. By executing this Agreement, you agree to the use and disclosure of Location Coordinates information as described above.
13. Accessing the Bebbli Platform and Account Security
We reserve the right to withdraw or amend the Bebbli Platform, and any service we provide on the Bebbli Platform in our sole discretion without notice. We will not be liable if for any reason that all or any part of the Bebbli Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Bebbli Platform, or the entire Bebbli Platform, to Users for any reason or no reason.
You are responsible for:
If you choose, or are provided with, a User name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Bebbli Platform or portions of it using your User name, password or other security information, including Third-Party Site Password(s). You agree to notify us immediately of any suspected unauthorized access to or use of your User name or password or any other breach of security. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any User name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement. Bebbli may, from time to time, access your account to make certain changes that you request or remove prohibited information from the Platform.
THE SERVICE IS ONLY A VENUE FOR CONNECTING USERS. EXCEPT AS OTHERWISE SET FORTH HEREIN, BEBBLI IS NOT AFFILIATED WITH ANY CARRIER, HOME ASSISTANT, OR THIRD-PARTY SERVICE. ANY DISPUTE YOU HAVE WITH ANY CARRIER, HOME ASSISTANT, OR THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE BEBBLI (AND OUR OFFICERS, DIRECTORS, AGENTS, INVESTORS, SUBSIDIARIES, AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.
15. Limited License; Intellectual Property Rights
You may not modify, alter, reproduce, or distribute the Bebbli Platform in part or entirety. You may not directly rent, lease, lend, sell, redistribute, or sublicense the Bebbli Platform. You must not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of any portion of the Bebbli Platform, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or the terms of any Third-Party Service), nor attempt to disable or circumvent any security or other technological measure designed to protect the Bebbli Platform or any content available through the Bebbli Platform.
The Bebbli Platform and its entire 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 Bebbli, its licensors or other Home Assistants of such material, and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Except as permitted herein, you must not access or use for any commercial purposes any part of the Bebbli Platform or any services or materials available through the Bebbli Platform.
16. Prohibited Uses
You may use the Bebbli Platform only for lawful purposes and in accordance with this Agreement. You agree not to use the Bebbli Platform:
Additionally, you agree not to:
17. Digital Millennium Copyright Act
We comply with the provisions of the Digital Millennium Copyright Act applicable to Internet service providers (17 U.S.C. §512, as amended). If you have an intellectual property rights-related complaint about material posted on the Bebbli Platform, you may contact our Designated Agent at Bebbli, Inc., Attn: Copyright Compliance Team, 2255 Glades Rd, Boca Raton FL 33431 or [email protected]
Any notice alleging that materials hosted by or distributed through the Bebbli Platform infringe intellectual property rights must include the following information:
Repeat Infringers. Bebbli will promptly terminate without notice the accounts of Users that are determined by Bebbli to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 18 below) removed from the Bebbli Platform at least twice.
18. User Contributions
The Bebbli Platform may contain profiles and other interactive features (collectively, "Interactive Services") that allow Users to post, submit, publish, display or transmit to other Users (hereinafter, "Post") content, photographs, images, or other related materials (collectively, "User Contributions") on or through the Bebbli Platform, including User-supplied profile pictures, bio lines, and job/service-related photos.
You represent and warrant that:
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Bebbli, are fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other User of the Bebbli Platform.
In exchange for the right to use the Bebbli Platform, Users who post their User Contributions hereby irrevocably grant to Bebbli the following rights in connection with the display, distribution, transmission, or broadcasting on any media, including the Internet, of their User Contributions in connection with the Bebbli Platform:
Such right applies in any media now known or not currently known, and such right is hereby deemed to be perpetual, non-exclusive, unrestricted, royalty-free, worldwide, irrevocable, transferable, and sub-licensable (through multiple tiers). User hereby releases Bebbli from (and shall not bring any) proceeding, whether now known or unknown, for defamation, invasion of right to privacy, publicity or personality or any similar matter, or based upon the use of your User Contributions.
19. Monitoring and Enforcement
We have the right to:
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Bebbli Platform. YOU WAIVE AND HOLD HARMLESS BEBBLI AND ITS AFFILIATES, LICENSEES AND HOME ASSISTANTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
20. User Disputes.
We understand that occasionally disputes may arise between or among our Users. In the event a dispute initiated by either a Home Assistant or a Family cannot be resolved independently, you hereby agree, at Bebbli’s request, to participate with good faith, to the extent you are reasonably able to do so, in a neutral resolution, mediation, or arbitration process conducted by Bebbli or a neutral third-party mediator or arbitrator selected by Bebbli. Notwithstanding the foregoing, you acknowledge and agree that Bebbli is under no obligation to become involved in or impose resolution in any dispute between or among Users or any third party.
21. Home Assistant Provisions
As a Home Assistant, you acknowledge and agree that it is your responsibility to maintain in full force and effect adequate workers' compensation (or, if permitted by law, occupational accident insurance), unemployment, liability, and other forms of insurance with policy limits sufficient to protect and indemnify Bebbli and its affiliates, and each of their officers, directors, agents, employees, subsidiaries, partners, members, controlling persons, and successors and assigns, from any losses resulting from the conduct, acts, or omissions of you or your assistants, agents, contractors, servants, or employees.
As a Home Assistant, you are required to wear Bebbli uniform at all times that you are carrying out your assignment with the Family. This uniform will be purchased by the Home Assistants from the Bebbli Platform. The purchasing of the uniform is your sole responsibility. You can buy as many uniforms as you like.
By providing Services as a Home Assistant on the Bebbli Platform, you represent, warrant, and agree that: (i) you are solely responsible for obtaining the necessary licenses and/or certifications for performance of the Services or Additional Services; (ii) you will not transfer or sell your User account, password and/or identification to any other party; (iii) you will be solely responsible for any and all liability that results from or is alleged as a result of your provision of Services, including, but not limited to personal injuries, death and property damages; (iv) you will comply with all applicable laws, rules and regulations while providing Services, and you will be solely responsible for any violations of such provisions; (v) you will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you; (vi) you will not attempt to defraud Bebbli or a Family in connection with your provision of Services or Additional Services; and (vii) you will not demand that a Family pay in cash, or use a credit card reader or other off-platform payment service, to accept payment for Services or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
Reimbursement of Resolution Costs. Notwithstanding anything set forth herein to the contrary, you further represent, warrant, and agree (i) to pay all reasonable out-of-pocket expenses incurred by Bebbli in connection with the resolution of any property damage or other claims resulting from a Service you performed for a Family, and (ii) that Bebbli shall have the right to suspend your Home Assistant account until it has received payment in full for all such reimbursable amounts.
Non-Circumvention. Within twelve (12) months after the last time Home Assistant provides Services to a Family as arranged though the Bebbli Platform, Home Assistant agrees not to solicit or provide any Services to the same Family other than as arranged through the Bebbli Platform. Home Assistant shall be liable for the fees set forth in Section 4 for all services provided to Families in breach of the previous sentence, in addition to all other remedies provided by this Agreement and applicable law, including injunctive relief. Home Assistant agrees to indemnify Bebbli from any attorneys’ fees and costs it incurs in collecting its fees from a Home Assistant that breaches this non-circumvention provision.
22. Third-Party Services, Third-Party Fees, and Linked Websites
Access to Third Party Services. The Bebbli Platform may provide you with access to third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products or services, or charitable donation programs (collectively, "Third-Party Services"), and may enable you to export information or content, including your or other Users’ User Contributions, to Third-Party Services such as Twitter or Facebook, through a feature of the Bebbli Platform. By using one of these features, you agree that Bebbli may transfer that information or User Contribution to the applicable Third-Party Service. Bebbli does not have or maintain any control over Third-Party Services and is not and cannot be responsible for their content, operation or use. By linking or otherwise displaying information from or providing access to any Third-Party Services, Bebbli does not give any representation, warranty or endorsement, express or implied, with respect to the legality, accuracy, quality or authenticity of content, information or services provided by those Third-Party Services.
Charitable Donation Programs. From time to time, Bebbli may authorize one or more charitable organizations (each a “Charity”) to post a fundraising campaign ("Campaign") to the Bebbli Platform to accept monetary donations ("Donations") from Users wishing to contribute funds to the Campaign ("Donors"). For purposes hereof, the term "Charity" shall also be deemed to include any individual(s) designated as a beneficiary of a Campaign. You understand and acknowledge, however, that Bebbli is not a charity or a party to any agreement between a Charity and a Donor, or between any User and a Charity. We are not a broker, agent, financial institution, creditor or insurer for any User or Charity. Furthermore, we do not personally endorse any Campaign or Charity.
You agree that a certain minimum Donation amount may apply, and that all Donation payments are final and will not be refunded unless the Charity, in its sole discretion, agrees to issue a refund. You acknowledge that contributions to Campaigns may not be deductible under your jurisdiction’s applicable tax laws and regulations.
23. Third Party Software
24. Terms and Termination
This Agreement is effective upon your creation of a User account, as amended by any modifications made pursuant to Section 1. You may discontinue your use of the Bebbli Platform or participation in the Services at any time, for any reason. We may suspend or deactivate your User account (either as a Home Assistant and/or Family), or revoke your permission to access the Bebbli Platform, at any time, for any reason, upon notice to you. We reserve the right to refuse access to the Bebbli Platform to any User for any reason not prohibited by law. Either party may terminate the Agreement for any reason upon written notice to the other party. The terms of this Agreement, and any subsequent modifications of this Agreement, shall remain in effect at all times after you or Bebbli terminate your participation or access to the Bebbli Platform or Services.
If Bebbli terminates or suspends a User account for any reason, the User is prohibited from registering a new account under their name or an alias.
25. Repeat Infringers
Bebbli will promptly terminate without notice the accounts of Users that are determined by Bebbli to be "Repeat Infringers" to the fullest extent permitted under applicable law. A Repeat Infringer is a User who has been notified of infringing activity or has had User Contributions (as defined in Section 18 above) removed from the Bebbli Platform at least twice.
26. Changes to the Bebbli Platform
We may update the content on this Bebbli Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Bebbli Platform may be out of date at any given time, and we are under no obligation to update such material.
27. Information About You and Your Visits to the Bebbli Platform
28. Confidential Information
Bebbli's Confidential Information. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Bebbli and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorized employees and agents who are bound to maintain the confidentiality of Confidential Information. You shall promptly notify Bebbli in writing of any circumstances which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Bebbli upon termination of this Agreement for any reason whatsoever. The term "Confidential Information" shall mean any and all of Bebbli's trade secrets, confidential and proprietary information and all other information and data of Bebbli that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, Families, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
Family's Confidential Information. As a Home Assistant, you understand that in performing the Services, you will receive certain private and/or confidential information regarding the Family and will have access to their homes and personal belongings. Except upon order of government authority (e.g., court, administrative agency) having jurisdiction, or upon express written consent by the Family, you agree that you shall not publish, disseminate or disclose, for your own benefit or the benefit of any third party, any confidential information regarding the Family, including addresses, telephone numbers and/or financial information. You further agree not to engage in any activity which violates the privacy of any Families, including, but not limited to, taking unauthorized photographs or making unauthorized audio or video recordings of Families or their homes or their personal belongings; or publishing, disseminating or disclosing any such photographs or recordings. You acknowledge that your failure to comply with the foregoing shall constitute a material breach of this Agreement.
29. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or the Bebbli Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT (INCLUDING MOBILE DEVICES), COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE BEBBLI PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY BEBBLI PLATFORM LINKED TO IT.
YOUR USE OF THE BEBBLI PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM IS AT YOUR OWN RISK. THE BEBBLI PLATFORM, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BEBBLI NOR ANY PERSON ASSOCIATED WITH BEBBLI MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE BEBBLI PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER BEBBLI NOR ANYONE ASSOCIATED WITH BEBBLI REPRESENTS OR WARRANTS THAT THE BEBBLI PLATFORM, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE BEBBLI PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
BEBBLI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
30. No Liability
IN NO EVENT WILL BEBBLI, ITS AFFILIATES OR THEIR LICENSORS, HOME ASSISTANTS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, OR CORPORATE PARTNERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE BEBBLI PLATFORM, ANY BEBBLI PLATFORMS LINKED TO IT, ANY CONTENT ON THE BEBBLI PLATFORM OR SUCH OTHER BEBBLI PLATFORMS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE BEBBLI PLATFORM OR SUCH OTHER BEBBLI PLATFORMS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
You agree to defend, indemnify and hold harmless Bebbli, its affiliates, licensors and service Home Assistants, 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 this Agreement or your use of the Bebbli Platform, including, but not limited to, any use of the Bebbli Platform's content, Services and products other than as expressly authorized in this Agreement or your use of any information obtained from the Bebbli Platform.
32. Dispute Resolution; Arbitration of Claims
Generally, in the interest of resolving disputes between you and Bebbli in the most expedient and cost-effective manner, YOU AND BEBBLI MUTUALLY AGREE THAT EVERY DISPUTE ARISING IN CONNECTION WITH THIS AGREEMENT WILL BE RESOLVED BY BINDING ARBITRATION. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of this Agreement, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of this Agreement. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND BEBBLI ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW.
Exceptions. Nothing in this Agreement will be deemed to waive, preclude, or otherwise limit the right of either party to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in a court of law; or (iv) to file suit in a court of law to address an intellectual property infringement claim.
Artbitrator. Any arbitration between you and Bebbli will be settled under the Federal Arbitration Act, and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting [email protected].
Notice; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail ("Notice"). Bebbli's address for Notice is: Bebbli, Inc., 2255 Glades Rd, Boca Raton FL 33431 , Attn: Legal Department. The Notice must: (i) describe the nature and basis of the claim or dispute; and (ii) set forth the specific relief sought ("Demand"). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within thirty (30) days after the Notice is received, you or Bebbli may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by you or Bebbli must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the dispute is finally resolved through arbitration in your favor, Bebbli will pay you the highest of the following: (i) the amount awarded by the arbitrator, if any; (ii) the last written settlement amount offered by Bebbli in settlement of the dispute prior to the arbitrator's award; or (iii) one thousand US dollars ($1,000).
Fees. If you commence arbitration in accordance with this Agreement, Bebbli will reimburse you for your payment of the filing fee, unless your claim is for more than ten thousand US dollars ($10,000), in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Palm Beach County Florida, but if the claim is for ten thousand US dollars ($10,000) or less, you may choose whether the arbitration will be conducted: (i) solely based on documents submitted to the arbitrator; (ii) through a non-appearance based telephone hearing; or (iii) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Bebbli for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.
No Class Actions. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AND BEBBLI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Bebbli agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permitted under applicable law.
Modifications to this Arbitration Provision. If Bebbli makes any future change to this arbitration provision, other than a change to Bebbli's address for Notice, you may reject the change by sending us written notice within thirty (30) days of the change to Bebbli's address for Notice, in which case your account with Bebbli will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected, will survive.
If any part of this section is found to be unenforceable, then the entirety of this section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in this Agreement will govern any action arising out of or related to this Agreement. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
Home Assistant Opt-Out of Arbitration. For Home Assistants, arbitration is not a mandatory condition of this Agreement with respect to any dispute or claims brought by Bebbli against a Home Assistant, or for disputes or claims brought by a Home Assistant against Bebbli that: (i) are based on an alleged employment relationship between Bebbli and a Home Assistant; (ii) arise out of, or relate to, Bebbli’s actual deactivation or suspension of a Home Assistant account or a threat by Bebbli to deactivate or suspend a Home Assistant account; (iii) arise out of, or relate to, Bebbli’s actual termination of a Home Assistant’s Agreement with Bebbli, or a threat by Bebbli to terminate a Home Assistant’s Agreement; or (iv) arise out of, or relate to, Job Fees (as defined in this Agreement, including Bebbli’s Use Fee or tips, other than disputes relating to referral bonuses, other Bebbli promotions, or consumer-type disputes (the subset of Claims in subsections (i)-(iv) shall be collectively referred to as “Home Assistant Claims”).
If you do not want to be subject to this Dispute Resolution provision with respect to Home Assistant Claims, you may opt out by notifying the Company in writing of your decision, either by sending, within thirty (30) days of the date you receive this Agreement, (i) an electronic mail to [email protected], stating clearly your name and intent to opt out of this Dispute Resolution provision or (ii) by sending a letter by U.S. Mail, or by any nationally recognized delivery service (e.g., UPS, Federal Express, etc.), or by hand delivery to: Legal Department, Bebbli, Inc., 2255 Glades Rd, Boca Raton FL 33431. To be effective, the letter under option (ii) must clearly indicate your intent to opt out of this Dispute Resolution Provision and must be dated and signed. If hand-delivered, the signed letter must be received within thirty (30) days of your receipt of this Agreement. If sent by mail, the letter must be post-marked with a date less than thirty (30) days from the date you receive this Agreement. Should you choose not to opt out of this Dispute Resolution Provision within the thirty (30)-day period, you and Bebbli will be bound by the terms of this Dispute Resolution Provision. You have the right to consult with counsel of your choice concerning this Dispute Resolution Provision. You understand that you will not be subject to retaliation if you exercise your right to opt out of coverage under this Dispute Resolution Provision.
33. Governing Law; Jurisdiction
Except as set forth in Section 32 entitled "Dispute Resolution; Arbitration of Claims,” this Agreement is governed and interpreted pursuant to the laws of the State of Florida, United States of America, notwithstanding any principles of conflict of law. For all disputes, not subject to arbitration under Section 32 hereof, you agree to submit to the personal jurisdiction and venue of the courts located within Palm Beach County, Florida, and waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
34. Waiver and Severability
No waiver by Bebbli of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Bebbli to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect.
35. Development and Testing
For purposes of developing and testing the Bebbli Platform, on occasion a Bebbli representative may schedule or perform Services on the Bebbli Platform within the Florida market. On such occasions, the contract for such Service shall be between Bebbli and such User and shall be governed by the applicable terms of this Agreement, including, but not limited to Section 32 above.
36. Entire Agreement
This Agreement may not be assigned or transferred by you without Bebbli's prior written consent. You agree that this Agreement and all incorporated agreements may be automatically assigned by Bebbli, in our sole discretion, in accordance with the "Notice" section of this Agreement.
38. No Agency
You and Bebbli are independent contractors, and no agency, partnership, joint venture, employer-employee, contractor-subcontractor, or franchisor-franchisee relationship is intended or created by this Agreement.
39. Comments and Concerns
All other feedback, comments, requests for technical support and other communications relating to the Bebbli Platform should be directed to: [email protected]
40. Notice Regarding Apple
Except as explicitly stated otherwise, any notice to Bebbli shall be given by certified mail, postage prepaid and return receipt requested to:
2255 Glades Rd
Boca Raton, FL 33431
Such notices shall be deemed given three (3) business days after the date of mailing. Any notices to you shall be provided to you through the Bebbli Platform or given to you via the email address you provided to Bebbli during the registration process or as otherwise listed in your User or Home Assistant account, and such notice shall be deemed given immediately upon sending. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Bebbli during the registration process. In such case, notice shall be deemed given three (3) days after the date of mailing.