Colibri.ai - Terms of service

Colibri.ai
Terms of Service
Last updated February 14, 2020

Here's what you're agreeing to by accessing or using Colibri’s website, mobile apps and messenger bots (collectively, the "Colibri Service"):

The Colibri Service is owned and operated by Alterra.ai, Inc. (d.b.a. Colibri.ai) ("Colibri," "we"). These Terms of Service are a binding legal agreement between you and Colibri regarding your use of the Colibri Service (together with the Privacy Policy where applicable, the "Agreement"). If you do not accept these terms, do not use the Colibri Service. We reserve the right to modify or replace these Terms of Service at any time and in our sole discretion. When we do, we will update the last revised date at the top of this Agreement. Any changes will be effective immediately upon posting the revised version (or such later effective date as may be indicated at the top of the revised Terms of Service). It is your responsibility to regularly check the Colibri website to determine if there have been changes. Your continued use of the Colibri Service following the posting of any changes to the Terms of Service will constitute your acceptance of any such changes. If you do not agree to the changes, you must stop using the Colibri Service.

Your Responsibilities

Colibri grants you a limited and revocable right to use the Service. Without separate, written permission from Colibri in advance, you may not: (i) reuse or "scrape" Colibri's data for use in another service or website, (ii) attempt to circumvent any controls or limitations Colibri places on your ability to access Colibri or information on the Colibri Service, including by means of robot exclusion headers, (iii) use any bots, scrapers, brute-force tools, or other automated methods for accessing, slowing down, or disabling the Colibri Service or otherwise interfering with the proper function of the website, (iv) "frame," "mirror," or otherwise incorporate any part of the Colibri Service into any other website or service, or (v) take any action that imposes, or may impose (as determined at our discretion), an unreasonable or disproportionately large load on the Colibri Service.

Intellectual Property

The Colibri Service, and all information, data and other content and materials available on the Colibri Service, including, but not limited to, the Colibri logo and all designs, text, documents, graphics, software, sounds files, other files and the selection and arrangement thereof are the proprietary property of Colibri and its suppliers and licensors and are protected by U.S. and international intellectual property laws. Colibri and its suppliers and licensors reserve all right, title, and interest, including all intellectual property rights, in and to all such information, data, and other content and materials.

COLIBRI and the Colibri logo are trademarks of Colibri, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Colibri. All other trademarks, product names and company names or logos mentioned on the Colibri website are property of their respective owners. You understand that reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship, or recommendation thereof by us, or vice versa.

Pre-Release Services

Subject to these Terms of Service, Colibri may make beta and other pre- release services, and related documentation, materials, and information (collectively, the "Pre-Release Services") available to you from time to time for the purpose of providing Colibri with feedback on the quality and usability of the Pre-Release Services. You understand and agree that your use of the Pre-Release Services is solely for testing and evaluation purposes in connection with the Colibri Service and will not be used for any commercial purposes. During your participation in the Pre- Release Services, Colibri is not obligated to provide you with any maintenance, technical or other support for the Pre-Release Services. You acknowledge that Colibri has no express or implied obligation to announce or make available a commercial version of the Pre-Release Services to anyone in the future. Should a commercial version be made available, it may have features or functionality that are different from those found in the Pre-Release Services.

Disclaimer of Warranties

THE COLIBRI SERVICE AND ANY PRE-RELEASE SERVICES ARE OFFERED "AS IS" — THAT MEANS WE DON'T GUARANTEE THE QUALITY, QUANTITY, COMPLETENESS, ACCURACY, AVAILABILITY, OR SPEED OF THE COLIBRI SERVICE AND ANY PRE-RELEASE SERVICES, OR MAKE ANY OTHER REPRESENTATION ABOUT THE INFORMATION WE DISPLAY. COLIBRI AND ITS LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND — EXPRESS OR IMPLIED — INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COLIBRI DISCLAIMS ALL WARRANTIES AND CONDITIONS THAT THE SERVICE OR ANY EMAIL SENT FROM COLIBRI IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLIBRI WILL CREATE ANY WARRANTY THAT IS NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION. IN SUCH JURISDICTIONS, THE FOREGOING DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of Liability

IN EXCHANGE FOR COLIBRI'S PROVISION OF THE COLIBRI SERVICE TO YOU, YOU AGREE THAT COLIBRI IS ENTITLED TO A LIMITATION OF LIABILITY. WHAT THAT MEANS IS THAT IN NO EVENT WILL COLIBRI — OR ITS LICENSORS OR SUPPLIERS — BE LIABLE ON ANY CLAIMS ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE COLIBRI SERVICE, ON ANY THEORY, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE. THIS LIMITATION OF LIABILITY APPLIES TO, BUT SHALL NOT BE LIMITED TO ANY CLAIM FOR: (I) DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, SUCH AS DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF COLIBRI OR ANY SUPPLIER OR LICENSOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES); (II) THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (III) INTERRUPTION OF USE OR LOSS OR CORRUPTION OF DATA; OR (IV) ANY AMOUNTS PAID BY YOU TO ANY OF COLIBRI'S BUSINESS PARTNERS, INCLUDING BUT NOT LIMITED TO OUR DATA PROVIDERS AND THE SITES TO WHICH WE LINK. IN NO EVENT WILL COLIBRI BE LIABLE TO YOU FOR ANY MORE THAN THE TOTAL AMOUNTS YOU HAVE PAID TO COLIBRI.

THIS LIMITATION OF LIABILITY SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED ON THE COLIBRI SERVICE, OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE COLIBRI SERVICE, OR SERVICES, PRODUCTS OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE COLIBRI SERVICE. THE INCLUSION, RECEPTION, OFFERING, OR ADVERTISING OF ANY SERVICES OR PRODUCTS THROUGH OR ON THE COLIBRI SERVICE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH SERVICES OR PRODUCTS BY COLIBRI.

EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

The Colibri Service is controlled and offered by Colibri in the United States of America. Colibri makes no representations that the Colibri Service is appropriate or available for use in other locations. Those who access or use the Colibri Service from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Third Party Content and Services

As you may notice, the Colibri Service may contain links to third party products, services and/or websites. We don't have any control over these third parties, and we are not responsible for their performance. We also don't endorse them, and are not responsible for their terms, their privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you. Your security when using these third parties is your responsibility. Again, you understand that your relationships with those third-party services are governed by the terms of service for those services, not these Terms of Service, and that we are not responsible for these third parties' privacy, data security, or other practices, or their content, advertising, or other materials they may provide to you.

Modifications to the Colibri Service

We're still working on the Colibri service, so from time to time we may modify, discontinue, or restrict, temporarily or permanently, portions or all of the Colibri service. We may do this without notifying you. We reserve our right to make these changes for any reason or no reason at all. We also reserve our right to terminate your license to use the Colibri service, and to block, restrict or prevent your future access to or use of the service. Again, we may do this without notice to you, and for any or no reason. Neither we nor our suppliers or licensors will be liable to you or to any third party for any modification, discontinuance or restriction of the Colibri service.

Privacy Policy

We may collect information about you through the Colibri Service. Our collection and use of this information is described in the Colibri Privacy Policy. Our Privacy Policy is incorporated into these Terms of Service.

Ability to Accept Terms of Service

You affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. Colibri is not intended for or directed to persons under the age of 13. Any person who provides their information to Colibri through any part of the Colibri Service represents to Colibri that he or she is 13 years of age or older. If you are under the age of 13, then please do not use the Colibri Service.

Termination

These Terms of Service will continue to apply to you until either you or Colibri terminates this Agreement. If you connect to the Colibri Service using your Facebook or Google account, you may terminate this Agreement at any time by disconnecting your account from the Colibri Service and no longer using the Service thereafter. If you have created a Colibri account, you may terminate this Agreement at any time by sending a notice confirming such termination to Colibri by email at info@сolibri.ai.

Colibri may suspend your access to the Colibri Service and/or terminate this Agreement at any time, with or without notice to you, (i) if you are in breach of any other provision of these Terms of Use or if you make unauthorized use of the Colibri Service; (ii) if Colibri elects at its discretion to cease providing access to the Colibri Service in the jurisdiction where you reside or from where you are attempting to access the Colibri Service, or (iii) in other reasonable circumstances as determined by Colibri at its discretion. The provisions of these Terms of Use that are intended by their nature to survive the termination of the Agreement will survive the termination of the Agreement, including, but not limited to, those Sections entitled Your Responsibilities, Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Payments, Privacy Policy, Integration and Severability, Governing Law, Arbitration, and Arbitration Agreement, respectively. If you or Colibri terminate this Agreement, or if Colibri suspends your access to the Colibri Service, you agree that Colibri shall have no liability or responsibility to you and Colibri will not refund any amounts that you have already paid, to the fullest extent permitted under applicable law, except as otherwise provided under these Terms.

Integration and Severability

These Terms of Use, together with the Colibri Privacy Policy (which is hereby incorporated by this reference), constitute the entire agreement between you and Colibri with respect to your use of the Colibri Service, and supersede any prior agreement between you and Colibri. Should one or more provisions of these Terms of Use be found to be unlawful, void or unenforceable, such provision(s) shall be deemed severable and will not affect the validity and/or enforceability of the remaining provisions of the Terms of Use, which will therefore remain in full force and effect. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) of the Agreement in the future. Colibri reserves any rights not expressly granted herein.

Governing Law

This Agreement, and all legal issues arising from or related to the Colibri Service, shall be governed by and construed in accordance with the laws of the State of California without regard to that state's conflict of law provisions.

Arbitration

All disputes between you and Colibri will be resolved by BINDING ARBITRATION as described in more detail in the Arbitration Agreement included below. You thus GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this agreement (except for matters that may be taken to small claims court).

Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury and your claims cannot be brought as a class action. You are entitled to a fair hearing, but the arbitration procedures are simpler and more limited than they would be in court. Arbitrator decisions are as enforceable as any court order and are subject to very limited review by courts or judges.

Arbitration Agreement

You and Colibri agree that any dispute, claim or controversy arising out of or relating in any way to the Colibri Service, our website or user interfaces, or these Terms of Use shall be determined by binding arbitration instead of in courts of general jurisdiction. You and Colibri agree that this arbitration agreement extends to the determination of the scope or applicability of this agreement to arbitrate.

You agree that, by entering into this Agreement, you and Colibri are each waiving the right to a trial by jury or to participate in a class action. The Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration provision shall survive termination of this Agreement and the termination of your use of the Colibri Service.