Unless otherwise indicated, the service and its underlying technology are our proprietary property. All source code, databases, algorithms, functionality, app designs, audio, video, text, photographs, and graphics in the App (collectively, the “Content”) and the associated trademarks, service marks, and logos (the “Marks”) are owned or controlled by us or licensed to us. They are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in the App “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the App and no Content or Marks may be copied, reproduced, aggregated, reverse-engineered, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the App, you are granted a limited license to access and use the App and to use any portion of the Content to which you have properly gained access, solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the App, the Content, and the Marks.

Upon accessing our Service via a mobile application, we bestow upon you a revocable, non-exclusive, non-transferable, limited right to both install and use the application, which is strictly on personal electronic devices you either own or control, all in adherence to the conditions presented in these Terms of Use.

Your utilization of our app is bound by several conditions. You're explicitly forbidden from undertaking actions to decompile, reverse engineer, or decrypt the application unless explicitly allowed by prevailing law. You must refrain from introducing modifications, translations, or any derivative works based on our application. It's paramount that you don't engage in any activities that contravene existing laws, rules, or regulations in your use or access of the application. Additionally, you are not to erase, modify, or conceal any proprietary notices from us or the application's licensors.

The application's primary design isn't for commercial gains or enterprise purposes that diverge from its intended function. Making the application available over shared networks, enabling multiple users' access, is strictly prohibited. Directly or indirectly, the application shouldn’t be employed to create rivaling products, services, or software. Engaging the application to automate web queries or disseminate unsolicited communications is outside its intended use. Lastly, our proprietary data, interfaces, and other intellectual assets should never be incorporated into any secondary apps, tools, or devices you may use or develop.

If you've acquired our mobile application through the Apple Store or Google Play, there are unique provisions to consider. Your license for our mobile application restricts its use to devices operating under the Apple iOS or Android OS, and you must abide by the guidelines of the respective App Distributor’s service terms. Although we are responsible for any mandated maintenance and support services concerning our application, the App Distributor is not obligated to offer support or maintenance. If the mobile application experiences a lapse in any stated warranty, you have the option to contact the relevant App Distributor. They may, at their discretion, refund the application's purchase cost. Beyond this, the App Distributor is exempt from further warranty responsibilities related to the application.

Furthermore, it's essential to emphasize that your use should not insinuate that you're situated in a country presently under a U.S. government embargo or identified as "terrorist-supporting." Additionally, your name shouldn’t be found on any U.S. government list of prohibited entities. As you use our application, ensure you remain compliant with any third-party agreement terms that might apply. It's crucial to recognize that App Distributors are deemed third-party beneficiaries of these Terms of Use, granting them the capacity to exercise the rights enclosed within, relative to you.

We offer a range of subscription packages tailored to cater to the diverse preferences of our users. These subscriptions provide you continuous access to our services for the duration of the chosen billing period. Each subscription is set to be charged on a recurring basis, commonly known as "Subscription(s)". The duration of a billing cycle is determined based on your selection — be it monthly or annually.

To facilitate seamless access, subscriptions automatically renew at the end of each billing cycle, maintaining the same terms and conditions you initially agreed upon. This automatic renewal ensures that your access to our services remains uninterrupted. However, if you ever wish to opt out of this automatic renewal, you have two avenues to do so. You can either access your online account management page and modify the settings therein or seek assistance from our dedicated BShape customer support team.

Financial transactions associated with your Subscription are managed and processed through Stripe, a renowned and trusted payment gateway. For a successful transaction, a valid payment method is essential. We accept a spectrum of payment options, including but not limited to credit cards and PayPal. It's crucial for you to provide accurate and comprehensive billing information to ensure hassle-free processing through Stripe. By furnishing your payment details, you are implicitly authorizing BShape, via Stripe, to charge all pertinent Subscription fees from your account.

It's also pivotal to highlight that any changes or adjustments in the Subscription fee rates will be intimated to you well in advance. We uphold a strict policy of transparency, ensuring that our users are always in the loop regarding any financial intricacies.

At BShape, we prioritize the security and efficiency of our payment processes. To this end, we have partnered with Stripe, a globally recognized third-party payment provider renowned for its stringent security measures and reliable payment infrastructure.

When you opt to utilize our Service and proceed with any form of transaction, you are inherently interacting with Stripe’s system. Thus, in addition to our own terms and conditions, you are also subject to Stripe’s Terms of Service and Privacy Policy. It's essential to be aware that Stripe maintains its own set of protocols and guidelines pertaining to payment processing, data collection, and user interactions. By choosing to avail our services, you acknowledge, agree, and consent to be bound by both our terms and those set by Stripe.

It's paramount to understand that BShape is not liable for any issues, discrepancies, or disputes that arise exclusively from Stripe's end. While we are always available to assist and support in any way we can, certain payment-related queries or concerns may need to be addressed directly with Stripe. We strongly encourage our users to familiarize themselves with Stripe’s policies to ensure seamless and informed transactions.

Any financial details or sensitive payment information you provide is directly processed by Stripe and is never stored or retained by us. This is in line with our commitment to upholding the highest standards of data protection and user privacy.

At BShape, we pride ourselves on delivering a high-quality service underlined by diligence, integrity, and a consistent commitment to our users. However, it's imperative to understand the inherent complexities and potential challenges that come with digital platforms, even when they're constructed with the utmost care. Given these complexities, there exist certain circumstances under which our liability must be defined and limited.

Despite our endeavors to maintain optimal service standards, under no legal theory, whether in tort, contract, or otherwise, shall BShape, its parent companies, subsidiaries, affiliates, partners, or licensors, or any of their respective officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages. This encompasses losses or damages related to loss of business profits, revenue, goodwill, data, or business interruptions.

Your ability or inability to access, use, or navigate our Service may pose challenges or result in situations beyond our immediate control. Similarly, the digital nature of our platform means there may be unforeseen breaches, leading to unauthorized access, usage, or alterations of your personal data, despite our robust protective measures.

Moreover, despite our best efforts, there's the potential risk of harmful components, such as viruses or other malicious software, being transmitted to or through our Service. Users must be vigilant, understanding that while we take every measure to safeguard against such threats, complete immunity in the digital realm is challenging to guarantee. Equally, the Service's content is meant to guide and inform; any decisions made based on this information remain the user's responsibility.

In sum, while BShape remains dedicated to providing unparalleled service, it's essential for users to acknowledge and accept these inherent risks and the associated liability limitations as part of their decision to use our platform.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms.

Please review our Privacy Policy, which also governs your use of our Service, to understand our practices.

These Terms of Use, along with any disputes arising out of or related to them, whether founded in contract, tort, statute, fraud, misrepresentation, or any other legal theory, will be governed by the laws of the State of California, USA, excluding its conflict of laws principles which might refer such a dispute to the laws of another jurisdiction.

By using our services, you expressly agree that exclusive jurisdiction for any claim or action arising out of or related to these Terms of Use or your use of the service shall be in the state or federal courts located within the State of California, USA. You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any jurisdiction in order to protect our intellectual property rights or confidential information.

If you have any questions about these Terms, please contact us at hello@bshape.ai