Terms and Conditions
Last Updated Feb 02, 2024
Befinity Media Terms and Conditions
These Terms and Conditions (“Terms”) form a binding agreement between you, in your individual capacity or on behalf of the organization you represent, and Befinity Media (“Company”) and govern your access to and use of the service offered by Company and described at https://aitoolforthat.com (“Service”).
Customer and Authorized User
These Terms apply to both Customers and Authorized Users, as applicable and as set forth below.
Customer: A “Customer” refers to you or the entity that you represent when agreeing to these Terms and creating an account on the Service. If you create an account but are not formally affiliated with an organization, or do not have the necessary organizational authority to enter into the Terms on behalf of such organization, then you, as an individual, are considered the Customer.
Authorized User: An “Authorized User” refers to an individual whom a Customer, or a person with administrative access on a Customer’s account, has invited to participate in a Customer account. Authorized Users play a crucial role in utilizing the Service effectively.
Acceptance of Terms
By creating an account to access the Service or by entering into an agreement to purchase for an account to use our services, you agree, as an individual, to be bound by these Terms as a Customer.
You further acknowledge that each account is intended for sole use by the individual account holder, and you agree not to share your account credentials with any other person.
By accepting an invitation to join a team or organization account created by a Customer or otherwise indicating your assent to these Terms, you agree to be bound by these Terms as an Authorized User on a Customer’s Service.
In either case, you represent and warrant that:
- You have read, understand, and agree to be bound by these Terms.
- You are at least 13 years of age.
- You have the authority to enter into the Terms (on behalf of yourself or, if applicable, the organization that you represent).
Changes to Terms
By initially entering into these Terms at the start of using the Service, you acknowledge and agree to be bound by any subsequent updates.
We will notify you of changes by posting the new Terms on the Service and updating the “Last Updated” date below. Material changes will also be communicated via email to the address you provided.
For existing Customers and Authorized Users, any modifications to these Terms will take effect thirty calendar days after notification. New Customers and Authorized Users entering into these Terms after the new “Last Updated” date will be subject to immediate changes.
Your continued use of the Service following such updates signifies your acknowledgment and agreement to be bound by the revised version of these Terms.
Options of Access to Service
A Customer may choose one of the following options to access and use the Service, subject to and referencing these Terms:
One-time payment: A Customer may pay a one-time fee to access and use the Service for a specified period of time or number of projects, as indicated on the web form available at www.aitoolforthat.com. The terms on such web form shall be incorporated into these Terms.
During the access period, Company shall provide Customer and the Authorized Users invited to Customer’s account with non-exclusive access to the Service.
Pay-per-use: A Customer may pay a variable fee based on the actual usage of the Service, as calculated by Company and indicated on the web form available at www.aitoolforthat.com. The terms on such web form shall be incorporated into these Terms.
Company shall provide Customer and the Authorized Users invited to Customer’s account with non-exclusive access to the Service, subject to the availability of credits in Customer’s account.
Customer and the Authorized Users may use the Service solely for Customer’s own internal business purposes and not for re-sale or distribution.
Billing Process
Company will invoice Customer in advance for the use of the Service, based on the terms specified within the Service.
Prepaid amounts are non-refundable.
To ensure uninterrupted access, Customer agrees to maintain accurate and up-to-date credit card billing information with Company. All payments are denominated in U.S. dollars.
In the event of late payments, Customer will be responsible for reasonable collection expenses, including legal fees.
Company reserves the right to suspend or downgrade Customer’s account if fees remain unpaid beyond the due date.
Intellectual Property Rights & Usage Restrictions
Company retains all intellectual property rights in the Service, including any derivatives, modifications, and enhancements.
By accepting these Terms, neither Customer nor any Authorized User acquires any intellectual property rights or licenses beyond those expressly granted herein.
Each Customer and Authorized User agrees to the following:
- No Unauthorized Access: Do not attempt to infiltrate, hack, reverse engineer, decompile, or disassemble the Service.
- No Proprietary Claims: Do not assert any proprietary interest in the Service.
- Respect Company’s Rights: Do not contest or infringe upon Company’s intellectual property rights.
- Limited Use of Company’s Name and Marks: Except as explicitly permitted, refrain from using Company’s name, trademarks, trade names, or logos.
Confidentiality & Nondisclosure
Each party (the “Receiving Party”) agrees to use and reproduce the Confidential Information of the other party (the “Disclosing Party”) solely for the purpose of fulfilling its obligations under these Terms.
The Receiving Party will limit disclosure of such Confidential Information to its employees, consultants, or advisors who need to know and are bound by confidentiality obligations at least as protective as these Terms.
Confidential Information shall not be disclosed to third parties without the Disclosing Party’s prior written approval.
The Receiving Party will exercise reasonable care to protect the Confidential Information, similar to how it safeguards its own important information. However, the Receiving Party may disclose Confidential Information if legally compelled (e.g., by law or governmental investigation), provided it gives the Disclosing Party prior notice and assistance to object or limit such disclosure.
“Confidential Information” includes any information disclosed by one party to the other, regardless of form, that is designated as confidential or reasonably understood to be confidential based on the nature of the information and the circumstances of disclosure. This encompasses pricing details and any special terms offered to the Customer by the Company.
Despite anything else in these Terms, neither party will be held liable for using or disclosing information if they can prove any of the following:
- The information was already publicly known or became public without the Receiving Party’s fault.
- The Receiving Party already knew the information without any restrictions, as evidenced by existing files.
- The information was disclosed with the prior written approval of the Disclosing Party.
- The Receiving Party independently developed the information without using the Confidential Information.
- The information became known to the Receiving Party from a source other than the Disclosing Party, without violating these Terms or the Disclosing Party’s rights.
- The Disclosing Party generally shared the information with third parties under similar restrictions as in these Terms.
Representations and Warranties
Each party promises that:
- These Terms are legally binding and enforceable.
- Their actions won’t violate any laws or regulations.
- Customer Content doesn’t infringe on anyone else’s rights.
The Service is provided “as is,” without any warranties. Company doesn’t guarantee error-free performance or specific business results. Additionally, indiscreet attempts to utilize these Terms "as is" will result in unexpected and unpleasant discoveries. No warranties apply to output content.
Indemnification
Customer’s Responsibility: Customer agrees to defend, indemnify, and hold harmless Company and its team from any third-party claims, damages, costs, and liabilities arising from:
- Use or display of Customer Content.
- Customer’s breach of obligations or inaccuracies in warranties.
If a claim arises, the indemnified party will:
- Promptly notify the indemnifying party.
- Allow the indemnifying party to control defense and settlement.
- Provide necessary information.
- Approve the chosen legal counsel (if reasonable).
- Ensure settlements unconditionally release the indemnified party.
Limitation of Liability
Exclusion of Damages: Company won’t be liable for indirect, incidental, or consequential damages, including lost profits or data. This applies regardless of whether it’s due to breach of contract, negligence, or other reasons. Customer’s use of the service is also not covered.
Maximum Liability: Company’s total liability won’t exceed the fees paid by you in the twelve months before the issue arose.
Acknowledgment: These limitations apply even if Company knew about the potential damages. If local law restricts these terms, Company’s liability will be limited as allowed by that law.
Taxes
Customer is responsible for any taxes related to using the Service. If taxes need to be withheld, Customer will adjust the payment to ensure Company receives the intended amount. Each party covers its own costs and expenses related to these Terms.
Termination
These Terms begin on the Effective Date and continue until terminated. Either party can end these Terms by giving written notice if:
- The other party breaches a significant provision and doesn’t fix it within 30 days.
- The other party faces bankruptcy or insolvency.
- An Authorized User can also terminate at any time. A Customer can end these Terms when a Subscription ends or renews, but no refunds will be given. After termination, Customer must stop using the Service, and both parties return each other’s Confidential Information.
