Effective Date: February 3, 2021
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
a. 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.
b. 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.
c. 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.
d. Important Limitations About Background Checks
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
a. Job Fee. Families shall be charged pursuant to the fee displayed on the job request summary page on Bebbli Platform at the time the Service is booked (the "Job Fee”). If applicable, the Job Fee shall include (i) any Tips given by the family via Bebbli Platform, (iv) all applicable federal, state and local taxes based on your provision of Services, (iv) any family approved Out-of-pocket expenses incurred by the home assistant during Service. The Out-of-pocket expenses may include expenses for mileage during pickups and drop-offs, errands, shopping and moving-related Services. To determine such mileage fee, we use the Google Maps service to pre-calculate the distance between the origination and destination points of the travel. Bebbli has the authority and reserves the right to determine and modify pricing by posting revised applicable suggested 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.
c. Included Services. Users hereby agree that the Services listed below are offered through the Bebbli Platform (collectively, the "Included Services"):
d. 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.
a. 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.
b. Family Payments. As a Family, we will charge your credit, debit or prepaid card according to the amount of all Job Fee, Bebbli Service fee, and Additional Services if any, you scheduled through the Bebbli Platform. You hereby authorize us to charge the amount to the payment method on file in your account.
The amount, with the exception of the Additional Services fees, Tips and Out-of-pocket expense reimbursement will be charged upfront once the Home Assistant is hired for Instant and One-time service. For reoccurring service, the amount will be charged to the payment method at the beginning of each weekly, biweekly or monthly service and the Out-of-pocket, Additional service fees and Tips will be charged upon the successful completion of the service for each period, 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.
In general, if as a Family you cancel a service, the amount refunded to is determined by the Cancellation Policy that applies to that service. If something outside your control forces you to cancel a service, you may be eligible for a partial or full refund provided that right documentation can be provided. If the Home Assistant cancels, or you experience a Service Issue (as defined in our Family Refund Policy), you may be eligible for a partial or full refund under the Family Refund Policy.
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.
c. 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 Bebbli Service Fee, as discussed below). Bebbli will process all Home Assistant Payments due to you through its third-party payment processor on a weekly basis for reoccurring service and Instant or one-time service. However, you may request instant payout for Instant and One-time service. You acknowledge and agree that the Home Assistant Payment shall not include any interest and will be the gross of the Job Fee and Additional Service fees paid by the family the services you perform. Bebbli will not withhold any taxes from you Home Assistant Payment. You will be required to file your own tax returns for the income. You expressly authorize Bebbli to recommend the Service hourly price to families in your location based on the market rate 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.
i. Bebbli Service Fee. As a Home Assistant, in exchange for permitting you to offer your services through the Bebbli Platform and utilize the ancillary services and benefits thereof, you agree to pay Bebbli (and permit Bebbli to retain) a Service Fee of 9% of the Job Fee excluding Tips and Out-of-pocket expense reimbursement on each transaction in which you provide Services and, Additional Service Fee, if any. Bebbli reserves the right to change the Service Fee at any time in Bebbli's sole and absolute discretion. Continued use of the Bebbli Platform after any such change in the Service Fee shall constitute your consent to such change.
ii. As a Family, in exchange for permitting you to post your service request and hire Home Assistant through the Bebbli Platform and utilize the ancillary services and benefits thereof, you agree to pay Bebbli (and permit Bebbli to retain) a Service Fee of 10% of your Job Fee excluding Tips and Out-of-pocket expense reimbursement on each transaction in which Services is provided to you and, Additional Service fee, if any. Bebbli reserves the right to change the Service Fee at any time in Bebbli's sole and absolute discretion. Continued use of the Bebbli Platform after any such change in the Service Fee shall constitute your consent to such change.
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 two (2) 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 and you are unable to resolve the issue with the Home Assistant, you may be eligible for a full refund under our Family Refund Policy. The amount of the Bebbli Guarantee is limited to any payment you made for the Service. (ii) if you suffer a Service Issue and you have reported the issue to the Support Center and find the fault to be from the Home Assistant, we will use our best effort to 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:
a. Cancellation by Family. As a Family, you may cancel your scheduled Service through the App at any time, subject to Bebbli’s service Cancellation Policy.
b. 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. Read mode about Cancellation by Home Assistant.
PLEASE BE ADVISED THAT YOUR CANCELLATION OF (A) ANY “INSTANT” 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. Access Fee
Bebbli has currently removed access fee and as a Home Assistant or Family, you are not required to pay a monthly access fee. You acknowledge that Bebbli reserves the right, at any time, to bring back Access Fee at any time.
9. Refund Policy
In order to utilize Bebbli platform, Home Assistants must pay Bebbli a recurring Service 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 Service Fee and Background checks made on or through the Bebbli platform are non-refundable.
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:
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.
433 Plaza Real, Suite 275
Boca Raton, FL 33432