These terms and conditions (the “Terms”) govern your access to and use of Bebot and the website Bebot.io (“Bebot Website”), collectively referred to as “Bebot Service” or “Bebot”. By accessing or using Bebot, you are agreeing to these Terms and conditions and concluding a legally binding contract with Bespoke Inc., a Japanese corporation headquartered in Minato-ku, Tokyo (“the company”). Do not access or use Bebot if you are unwilling or unable to be bound by the Terms.
Last updated on September 20, 2016. These terms and conditions are effective immediately for those using Bebot after that date.
"You" and "your" refer to you, as a user of Bebot. A "user" is someone who accesses, browses, crawls, scrapes, or in any way uses Bebot. "We," "us," and "our" refer to Bespoke Inc.
"Content" means text, images, photos, audio, video, location data, and all other forms of data or communication.
"Your Content" means content that you submit or transmit to, through, or in connection with Bebot. For example, your text messages containing your opinion about visited places or about recommendations that Bebot gives to you, as well as images or video related to those places that you submit to Bebot in the conversation.
"Your Private Information" means a part of Your Content which directly discloses your specific queries, your location, price and meal preferences, as well as places that you are going to visit.
"User Content" means content that users submit or transmit to, through, or in connection with Bebot.
"Bebot's Content" means content that we create and make available in connection with Bebot.
"Third Party Content" means content that originates from parties other than Bebot or its users, which is made available in connection with Bebot.
Changes To the Terms of Service
We may modify the Terms from time to time. The most current version of these Terms will be located here. You understand and agree that your access to or use of Bebot is governed by the Terms effective at the time of your access to or use of Bebot. If we make material changes to these Terms, we will notify you by email or by posting a notice on Bebot Website prior to the effective date of the changes. We will also indicate at the top of this page the date that revisions were last made. You should revisit these Terms on a regular basis, as revised versions will be binding on you. Any such modification will be effective upon our posting of new Terms. You understand and agree that your continued access to or use of Bebot after the effective date of modifications to the Terms indicates your acceptance of the modifications.
We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Bespoke Inc., and any inconsistencies among the different versions will be resolved in favor of the English version.
- Eligibility and Access to Bebot Service
To access or use Bebot, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use Bebot if you are a competitor of ours or if we have previously banned you from Bebot.
- Permission to Use Bebot
We grant you permission to use Bebot subject to the restrictions in these Terms. Your use of Bebot is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- Bebot’s Availability
Bebot Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
- User Accounts
- Responsibility for Your Content
You alone are responsible for Your Content, and once submitted to Bebot, it cannot be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by Bespoke Inc.. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
- Our Right to Use Your Content
We may use Your Content to enrich information about places we recommend; we may display it to other user, reformat it, incorporate it into other content, and re-distribute it. For example, a quote or a picture from your feedback message about a place that you visited can be included to Bebot’s messages to other users. Please note, however, that we do not expose to other users Your Private Information, which is transmitted to Bebot as part of Your Content. As such, you hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Also, you irrevocably waive, and cause to be waived, against Bespoke Inc. and its users any claims and assertions of moral rights or attribution with respect to Your Content. By “use” we mean use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of Your Content.
As between you and Bespoke Inc., you own Your Content. We own the Bebot’s Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation, including, but not limited to, our compilation of User Content and other Bebot’s Content, computer code, products, software, aggregate user review ratings, and all other elements and components of Bebot excluding Your Content, User Content and Third Party Content. We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world (“IP Rights”) associated with Bebot’s Content and Bebot, which are protected by copyright, trade dress, patent, trademark laws and all other applicable intellectual and proprietary rights and laws. As such, you may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of Bebot’s Content in whole or in part except as expressly authorized by us. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to Bebot and the Bebot’s Content are retained by us.
User Content (including any that may have been created by users employed or contracted by Bespoke Inc.) does not necessarily reflect the opinion of Bespoke Inc.. We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion for any reason or no reason, and without notice to you. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
We may use user personal data including Your Private Information to enhance the quality of Bebot’s recommendations, as well as to add new product features, including but not limited to exposing content from third parties in the conversation.
Suggestions & Improvements
By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against Bespoke Inc. and Bebot’s users any claims and assertions of any moral rights contained in such Feedback.
Bebot may include links to other websites or applications (each, a “Third Party Site”). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through Bebot may be subject to additional third party or open source licensing terms and disclosures.
You agree to indemnify, defend, and hold Bespoke Inc., its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the “Bespoke Inc. Entities”) harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of Bebot, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with Bebot, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Bespoke Inc. reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Bespoke Inc.. Bespoke Inc. will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Disclaimers & Limitations of Liability
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF THE BESPOKE INC. ENTITIES TO YOU. EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED. IF YOU ARE UNSURE ABOUT THIS OR ANY OTHER SECTION OF THESE TERMS, PLEASE CONSULT WITH A LEGAL PROFESSIONAL PRIOR TO ACCESSING OR USING BEBOT. BY ACCESSING OR USING BEBOT, YOU REPRESENT THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO THESE TERMS, INCLUDING THIS SECTION. YOU ARE GIVING UP SUBSTANTIAL LEGAL RIGHTS BY AGREEING TO THESE TERMS.
- BEBOT IS MADE AVAILABLE TO YOU ON AN “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE” BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE BESPOKE INC. ENTITIES MAY NOT MONITOR, CONTROL, OR VET CONTENT PROCESSED AND EXPOSED IN BEBOT. AS SUCH, YOUR USE OF BEBOT IS AT YOUR OWN DISCRETION AND RISK. THE Bespoke Inc. ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF BEBOT, ITS SAFETY OR SECURITY, OR ITS CONTENT. ACCORDINGLY, THE BESPOKE INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM BEBOT’S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES OR FROM YOUR RELIANCE ON THE QUALITY, ACCURACY, OR RELIABILITY OF RECOMMENDATIONS, PROVIDED BUSINESS INFORMATION, OPINIONS, QUOTES, REVIEWS AND OTHER, OR METRICS FOUND ON, USED ON, OR MADE AVAILABLE THROUGH BEBOT.
- THE BESPOKE INC. ENTITIES MAKE NO CLAIMS OR PROMISES WITH RESPECT TO ANY THIRD PARTY OR BEBOT’S USERS. ACCORDINGLY, THE BESPOKE INC. ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS OR OMISSIONS, INCLUDING, FOR EXAMPLE, IF ANOTHER USER OR BUSINESS MISUSES YOUR CONTENT, IDENTITY OR PERSONAL INFORMATION, OR IF YOU HAVE A NEGATIVE EXPERIENCE WITH ONE OF THE BUSINESSES FEATURED ON BEBOT. YOUR PURCHASE AND USE OF PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH BEBOT IS AT YOUR OWN DISCRETION AND RISK.
- THE BESPOKE INC. ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES RECOMMENDED IN BEBOT, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED TO YOU BY A REPRESENTATIVE OF ONE OF THE BESPOKE INC. ENTITIES SHALL CREATE A REPRESENTATION OR WARRANTY.
- YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH BEBOT, RELATED SERVICES, OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF BEBOT.
- THE BESPOKE INC. ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH BEBOT OR THESE TERMS IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE BESPOKE INC. ENTITIES IN CONNECTION WITH BEBOT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
- THE BESPOKE INC. ENTITIES DISCLAIM LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, OR (v) LOSS OF INFORMATION OR DATA.
Choice of Law & Venue
Japanese law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Bespoke Inc. (a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN TOKYO, Japan.
- You may terminate the Terms at any time by discontinuing your use of Bebot, and providing us with a notice of termination by e-mail Bebot@Bebot.io.
- We may close your account, suspend your ability to use certain portions of Bebot, and/or ban you altogether from Bebot for any or no reason, and without notice or liability of any kind. Any such action could prevent you from accessing your account, Bebot, Your Content, Bebot’s Content, or any other related information.
- In the event of any termination of these Terms, whether by you or us, Sections 1, 5, 6, 9 – 13 will continue in full force and effect, including our right to use Your Content as detailed in Section 5.
- We reserve the right to modify, update, or discontinue Bebot at our sole discretion, at any time, for any or no reason, and without notice or liability.
- We may provide you with notices, including those regarding changes to the Terms by email or communications through Bebot.
- Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- The Terms contain the entire agreement between you and us regarding the use of Bebot, and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
- Any failure on Bespoke Inc.’ part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with Bespoke Inc.’ prior written consent, but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
Copyright © Bespoke Inc. 2022, 2-7-5 Azabujuban Minatoku, Tokyo 106-0045 Japan.