Terms of User Participation
Thank you (“you”, “your” or “User”) for working with Bobidi, Inc. (“Bobodi”), a leading provider of solutions that support the creation, development and training of artificial intelligence (“AI”) systems. The Bobidi application (the “App”) is owned and operated by Bobidi and its affiliates (“Company”, “our”, “us”, or “we”). These Terms of User Participation (these “Terms”) govern your use of the App and your provision of information, materials and content to Bobidi. If you do not agree to be bound by these Terms and/or you are not 18 years of age or older, please cease use of the App immediately.
1. Description of How the App Works.
a. The App allows you to participate in multiple challenges (each a “Challenge”).
b. Please login and find the Challenge you want to participate in.
c. Once you have selected the Challenge: (i) carefully read the instructions; and (ii) join the Challenge.
d. For example, if it is a speech Challenge, you will: (i) record your voice and/or conversations; (ii) check the transcript generated by the AI; and (iii) edit the transcript, correcting any errors. You should also specify the error “category”. For example, was the error an individual’s name? A location? Also, you should identify how the error was.
e. Once you have completed everything properly and the Challenge expires, you will receive rewards. The reward shall be in Bobidi's virtual currency, known as "Bob". Bob can be redeemed as cash using our partner services, such as PayPal.
f. It usually takes several weeks to review all the submissions and confirm the final amount of rewards to be provided to you.
2. Use of Content.
By using the App, including uploading or recording your voice, image, photograph, video or film portrayal, text, or anything derived from any of these materials (collectively, the “Content”), you grant to Bobidi, its parents, subsidiaries and affiliates, and each of their respective employee, officers, directors, agents, representatives, partners, successors, licensees and assigns (collectively, the “Producers”), without charge or other compensation, the perpetual, irrevocable, non-exclusive right, but not the obligation, with or without your knowledge, throughout the universe, in any medium now known or hereinafter created, to perform, record, exhibit, display, edit, distribute, sell and otherwise use the Content), in connection with the development, marketing, promotion and sale of the Producer’s products and services, including, but not limited to, the creation, development and training of artificial intelligence systems. The Producers shall have the unrestricted right to edit the Content in any manner without your approval. Moreover, the Producers have the unrestricted right to license or sell the Content to third parties for any purpose. You represent that it is unnecessary for the Producers to obtain permission from, or to pay, any third party in connection with the rights granted in this paragraph. Any feedback that you provide to us regarding the App, including, without limitation, your opinions on issues such as how natural the AI voice is or your engagement with the AI and/or any Challenge that you participate in (such as error descriptions) shall be included as part of the Content. YOU WAIVE ANY CLAIM (INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON INVASION OF PRIVACY, DEFAMATION, AND RIGHT OF PUBLICITY) ARISING OUT OF ANY USE, BLURRING, ALTERATION, DISTORTION, ILLUSIONARY EFFECT, OR ANY OTHER USE OF THE CONTENT.
3. User Account.
Currently, the App may be accessed via social plugins through Google, Facebook or other platforms. In the future, you may be required to create a user account (the “Account”) to access the App. You are entirely responsible for the security and confidentiality of your username, password and Account. Furthermore, you are entirely responsible for any and all activities that occur under your Account. You shall not share your Account information, username or password with any third party or permit any third party to logon to the App using your Account information. You shall immediately notify us of any unauthorized use of your Account or any other breach of security of which you become aware. We have the right to provide Account information as appropriate, such as in response to administrative or legal process, orders, subpoenas, or warrants, or to protect our rights.
4. Security.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
5. Third Party Resources.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
6. Intellectual Property.
The App and all of its enhancements, upgrades, modifications, customizations, derivative works, selections, algorithms, compilations, aggregations, source code and/or object code, and copies thereof, and all information, methods, processes and all intellectual property contained therein (collectively, the “App IP”) are and will remain the property of Company. Company has and will retain exclusive right and title to, and has all patent, copyright, trademark, trade secret and all other intellectual property rights in and to the App IP. Nothing in this Agreement will be construed as transferring any aspects of such rights to you with the exception of your limited right to use and access the App. Company shall have the right to register patents, trademarks and copyrights related to the App with any governmental authority anywhere in the world.
7. Use of Personal Data.
“Personal Data” will be requested from you as part of your use of the App. You grant us the right and license to append your Personal Data to the Content electronically or otherwise. Typically, this Personal Data will include your name, email address, mailing address, telephone number, internet protocol address, birth date, gender, ethnicity, other biographical or demographic information, and metadata, such as location, time and device information. Personal Data will be handled and processed in accordance with our Privacy Policy, which you agree to be bound by. You grant us permission to use the Personal Data to contact you with respect to App and App-related inquiries, surveys, customer care, technical support and/or to provide you with marketing materials or information of interest from the Company, Producers or third parties.
8. Use of Anonymized Data and Anonymized Content.
For purposes of these Terms, “Anonymized Data” means your Personal Data once your name, mailing address (other than zip code), email address, telephone number and internet protocol address have been removed. You grant us the right and license to append your Anonymized Data to the Content electronically or otherwise (the “Anonymized Content”). You grant the Company and the Producers, without charge or other compensation, the perpetual, irrevocable, non-exclusive right, but not the obligation, with or without your knowledge, throughout the universe, in any medium now known or hereinafter created, to perform, record, exhibit, display, edit, distribute, sell and otherwise use the Anonymized Content, in connection with the development, marketing, promotion and sale of the Producer’s products and services, including, but not limited to, the creation, development and training of artificial intelligence systems. The Producers shall have the unrestricted right to edit the Anonymized Content in any manner without your approval. Moreover, the Producers have the unrestricted right to license or sell the Anonymized Content to third parties for any purpose.
9.Contacting You.
By using the App, you expressly authorize the Company and our affiliates, agents, representatives, assigns and service providers (collectively, the "Messaging Parties") to contact you using automated telephone dialing systems, artificial or prerecorded voice messaging, text messaging, and automated email systems in order to provide any and all relevant information as well as to market products and services to you. You authorize the Messaging Parties to make such contacts using any telephone numbers (including wireless, landline, VOIP numbers and hereinafter developed technology and regardless of whether such number is on the Do Not Call Registry) or email addresses you supply to us.
10. Restrictions.
Except as expressly permitted by these Terms, you shall not, and you agree not to authorize, encourage, or permit any third party to: (a) modify, adapt, alter, translate, or create derivative works from the App; (b) assign, lease, rent, loan, or otherwise transfer the App; (c) use any analytics, data, content, or other output created by or from the App on behalf of, or to perform any services for, any third party or include such analytics, data, content or other output in any services or products provided by you to any third party; (d) reverse engineer, decompile, disassemble or otherwise attempt (i) to defeat, avoid, bypass, remove, deactivate or otherwise circumvent any protection mechanisms in the App, including without limitation, any such mechanism used to restrict or control the functionality of the App or its authorized users or (ii) to derive the source code or the underlying ideas, algorithms, structure or organization from the App; (e) remove, modify or obscure any proprietary notices within the App; (f) use any robot, spider, scraper or other automated means to access the App; or (g) provide access to the App to any person or entity that engages in illegal or deceptive trade practices or any other practices proscribed under applicable law.
11. Export.
You will not export or re-export, directly or indirectly, the App, and/or any technology included as part of the App, in whole or in part, to any countries outside the USA except as permitted under the law. We operate the App from the USA. We make no representation that the App or its content are appropriate or available for use outside of the USA. Users who access the App from outside the USA do so at their own risk and must bear all responsibility for compliance with local laws.
12. Release and Covenant Not To Sue.
YOU FULLY AND FOREVER RELEASE AND DISCHARGE COMPANY AND PRODUCERS (EACH, A "RELEASED PARTY", AND COLLECTIVELY, "RELEASED PARTIES") FROM ANY AND ALL LOSSES, DAMAGES, CLAIMS (INCLUDING BUT NOT LIMITED TO NEGLIGENCE CLAIMS), DEMANDS, LAWSUITS, EXPENSES, AND ANY OTHER LIABILITY OF ANY KIND, OF OR TO YOU OR ANY OTHER PERSON, DIRECTLY OR INDIRECTLY ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE APP, EVEN IF IT IS DUE TO THE NEGLIGENCE, INJUDICIOUS ACT, OMISSION, OR OTHER FAULT OF A RELEASED PARTY. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE COMPANY OR ANY OTHER RELEASED PARTY, AND FOREVER RELEASE AND DISCHARGE THE COMPANY AND ALL OTHER RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.
13. Disclaimer Of Warranties.
We do not guarantee, represent or warrant that your use of the App will be uninterrupted, timely, secure or error-free. You expressly agree that your use of, or inability to use, the App is at your sole risk. THE APP IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.
14. Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY, PRODUCERS, THEIR PARENTS, SUBSIDIARIES, SUCCESSORS AND ASSIGNS, AND EACH OF OURS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, LICENSORS SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOSS OF DATA OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING FROM YOUR USE OF THE APP. OUR MAXIMUM LIABILITY FOR YOUR USE OF THE APP SHALL BE FIVE HUNDRED DOLLARS ($500).
15. Indemnity.
You agree to defend, indemnify and hold Company and the Producers, their parents, subsidiaries, affiliates and each of their respective officers, directors, employees, agents, representatives, successors and assigns, harmless from any claim, loss or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of our App and/or your violation of these Terms.
16. Dispute Resolution; Waiver of Jury Trial; Class Action Waiver.
These Terms and your use of the App shall be governed by and construed in accordance with the laws of the State of Delaware, without reference to otherwise applicable principles of conflicts of law. Any dispute related to these Terms or your use of the App shall be submitted solely to the state or federal courts located in New Castle County Delaware. You and us submit exclusively to such jurisdiction and venue. Judgments may be enforced in any court in the world having jurisdiction over such matters. YOU AND US WAIVE ANY RIGHT TO A TRIAL BY JURY FOR A DISPUTE RELATED TO THESE TERMS OR YOUR USE OF THE APP. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND US AGREE THAT NEITHER PARTY SHALL BRING ANY LAWSUIT, ACTION, PROCEEDING OR CLAIM OF ANY NATURE PERTAINING TO THESE TERMS OR YOUR USE OF THE APP AGAINST THE OTHER PARTY AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.
17. Entire Agreement.
These Terms are complete and reflect the entire agreement between us and you with respect to its subject matter, and supersedes all previous written or oral negotiations, commitments and writings. No promises, representations, understandings, warranties and agreements have been made by us except as expressly referred to herein. These Terms may be revised at any time and from time to time by updating this page. You should visit this page from time to time to review the then current Terms because they are binding on you.
Last Updated: February 5, 2023.