These Terms of Service ("Terms") constitute a legally binding agreement between you and SipSavvy AI, a joint venture between Brian Botch and Michael D'Asaro ("SipSavvy," "we," "us," or "our"), governing your access to and use of the SipSavvy AI chatbot ("Chatbot") available at sipsavvy.ai and its related subdomains.
BY ACCESSING OR USING THE CHATBOT, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE CHATBOT.
Your use of the Chatbot constitutes your acceptance of and agreement to all of the terms and conditions in these Terms, effective as of the date of your first use of the Chatbot. No additional action, signature, or express acknowledgment is required to make these Terms binding upon you.
We reserve the right to modify these Terms at any time in our sole discretion. Any changes will be effective immediately upon posting the revised Terms on sipsavvy.ai. Your continued use of the Chatbot after any such changes constitutes your acceptance of the new Terms. It is your responsibility to regularly check these Terms for changes.
You must be at least 18 years of age to use the Chatbot. By using the Chatbot, you represent and warrant that you are at least 18 years old and that your use of the Chatbot does not violate any applicable law or regulation.
You agree not to use the Chatbot:
The Chatbot and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, and the design, selection, and arrangement thereof) are owned by SipSavvy, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Subject to these Terms, SipSavvy grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Chatbot for your personal, non-commercial use.
You are solely responsible for all data, text, information, and other materials that you upload, post, or otherwise transmit via the Chatbot ("User Content").
By submitting User Content to the Chatbot, you grant SipSavvy a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in any media or distribution methods now known or later developed.
THE CHATBOT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SIPSAVVY SPECIFICALLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
SIPSAVVY DOES NOT WARRANT THAT THE CHATBOT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. SIPSAVVY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE CONTENT PROVIDED THROUGH THE CHATBOT OR THE CONTENT OF ANY SITES LINKED TO THE CHATBOT.
SIPSAVVY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (B) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOUR ACCESS TO AND USE OF THE CHATBOT, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CHATBOT, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE CHATBOT BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE CHATBOT.
IN NO EVENT SHALL SIPSAVVY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE CHATBOT; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE CHATBOT; (C) ANY CONTENT OBTAINED FROM THE CHATBOT; AND (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You agree to defend, indemnify, and hold harmless SipSavvy, its directors, officers, employees, agents, partners, and suppliers 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 these Terms or your use of the Chatbot, including, but not limited to, your User Content, any use of the Chatbot's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Chatbot.
YOU SPECIFICALLY AGREE TO PAY ALL ATTORNEYS' FEES AND COURT COSTS INCURRED BY SIPSAVVY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND SUPPLIERS IN CONNECTION WITH ANY CLAIM, LAWSUIT, OR OTHER LEGAL PROCEEDING INITIATED BY A THIRD PARTY AGAINST SIPSAVVY AS A RESULT OF YOUR USE OF THE CHATBOT.
Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to mediate, shall be first submitted to mediation in Tarrant County, Texas. The mediation shall be conducted on a confidential basis pursuant to the Commercial Mediation Rules of the American Arbitration Association. Any mediation shall take place in Tarrant County, Texas, unless otherwise mutually agreed. The parties shall cooperate in selecting a mediator and scheduling a mediation within 60 days of a written request for mediation. The cost of mediation shall be shared equally between the parties.
If the dispute is not resolved within 90 days after the commencement of mediation, or if either party fails to participate in the mediation, then either party may initiate legal proceedings. Both parties agree that any legal action, suit, or proceeding arising out of or relating to these Terms shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in Tarrant County, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action, suit, or proceeding.
EACH PARTY HEREBY WAIVES ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice or conflict of law provision or rule.
These Terms constitute the entire agreement between you and SipSavvy regarding the Chatbot and supersede all prior and contemporaneous written or oral agreements between you and SipSavvy.
No waiver by SipSavvy of any term or condition set forth in these Terms 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 SipSavvy to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court 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 the Terms will continue in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise, without SipSavvy's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. SipSavvy may freely assign or transfer these Terms without restriction.
All notices to SipSavvy must be in writing and addressed to [insert contact email or address]. Notices will be deemed given when received.
Questions or comments about the Chatbot or these Terms may be directed to SipSavvy at [insert contact email].