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Terms & Conditions

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER
Effective date: October 8, 2023

Welcome to Bambu AI. We are delighted to have you here! We ask that you mind these rules when you join the Bambu AI Services. Please read on to learn more about such restrictions.


TERMS & CONDITIONS QUICK LINKS  
The Basics | Our Services |Membership & Subscriptions | Cancellation | Engaging with Services | App Store & Play Store Legal Info | Intellectual Property Rights | Warranty | Your Privacy

PRIVACY POLICY QUICK LINK
Bambu AI Privacy Policy

I. THE BASICS OF THIS AGREEMENT

These Terms of Service (“Terms”) govern your use of Bambu AI, Inc. and the software, content, and services (collectively, “Services”) offered through: our website www.bambuai.com and its subdomains (the “Website”), our mobile apps Willow for Android and Willow for iOS (the “Apps”).

The terms “Bambu AI”, “us” or “we” refer to Bambu AI, Inc., a software company who designed and built the Willow app (“Willow”)  incorporated in Delaware, and operating in the San Francisco Bay Area.

The term “device” refers to the device which is used to access the Services including but not limited to computers, smartphones and tablets.

The term “you” refers to the user of the Services.

When you sign up for any of the Services or otherwise use or access them, you agree to be bound by these Terms and all applicable laws, rules, and regulations. By using the Services, you indicate that you accept these Terms and that you agree to abide by them. If you do not agree to these Terms, please refrain from using the services.

Our contact email address is info@bambuai.com. All correspondence to Bambu AI including any queries you may have regarding your use of the Services or these Terms should be sent to this contact email address.

If you do not agree to and accept all of the Terms, you do not have the right to use the Services. If you use the Services in any way, you indicate that you agree to all of these Terms. These Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy.

NOTICE: These Terms include information about future changes to these Terms, limitations of liability, a class action waiver, and resolution of disputes by arbitration instead of in court.

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II. OUR SERVICES

Bambu AI offers a well-being program based on communication with your personal companion through a text and voice interface on a mobile application. To enjoy Willow via your smartphone or other Device, your Device must satisfy certain system requirements. These requirements can be found on the Website and the Google and Apple App marketplaces.

Medical disclaimer
Bambu AI is a provider of software and content designed to improve your mood and well-being. However we are not a healthcare or medical device provider, nor should our Services be considered medical care, mental health services or other professional services. Any information offered on our Services should not be considered safety and/or medical advice and should not be considered as replacements or substitutes for safety and/or medical advice. You should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. Bambu AI does not represent or warrant that any particular medication or treatment (or lack thereof) is safe, appropriate, or effective for you. While there is third party evidence from research that certain conversation techniques implemented in Bambu AI can assist in the recovery process for a wide array of conditions, Bambu AI makes no claims, representations or guarantees that the Services provide a therapeutic benefit.

Emergencies
Do not use the Services for emergency medical needs. If you experience a medical emergency, call 911. If you are in a life-threatening situation, feel that you are a danger to yourself or others, or are having thoughts of suicide, please call the 24-hr National Suicide Prevention Lifeline at 1.800.273.8255 and notify the relevant authorities. Your call will be routed to the crisis center near you. If your issue is an emergency, call 911 immediately or go to your nearest emergency room.

Modifications to the Services
We reserve the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Bambu AI will not be liable to you or to any third party for any modification, suspension or discontinuance of any the Services.

The Service is for your personal use only. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Ownership
You understand that Bambu AI owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services.

You access the Services at your own risk, and you understand that our privacy obligations are set forth in the Privacy Policy. If you do not accept this risk, do not use the Services. You are responsible for all your activity in connection with the Services.

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III. MEMBERSHIP & SUBSCRIPTIONS

Your membership
You will be required to sign up (“create an account”) with Bambu AI and become a Bambu AI Member in order to access and use the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the registration forms. Registration data and certain other information about you are governed by our Privacy Policy. Once a member, you are responsible for maintaining the confidentiality of your account, if any, and are fully responsible for any and all activities that occur under your account. You may never use another person’s user account without their permission. You agree to immediately notify Bambu AI of any unauthorized use of your account or any other breach of security. Bambu AI will not be liable for any loss or damage arising from your failure to comply with this Section.

You represent and warrant that you will use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account with anyone, and you must protect the security of your account. You’re responsible for any activity associated with your account.

As part of the Services), you may receive communications from us, including messages that Bambu AI sends you directly in the application as well as notifications or other communications that  Bambu AI sends you outside of the application.

Restrictions on Access
By downloading Willow, you represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf).  The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at info@bambuai.com.

We intend to provide the Services within the United States (U.S.). Accordingly,  Bambu AI makes no representation that the information and services provided on the Services are applicable to, appropriate for, or available to users in locations outside the U.S. Accessing the Services from territories where the content is illegal is prohibited. If you choose to access the Services from a location outside the U.S., you do so on your own initiative and you are responsible for compliance with local laws. If you are a resident of the European Union or the United Kingdom, you may have certain additional rights, as addressed in our Privacy Policy.You need to have installed certain software and have data connections to use our Services, at your own cost. Also, you will be responsible for all charges levied by your carrier for use of data in connection with use of our Services.

Subscription Plan
To have full access to the Services, you will need to subscribe. Willow offers monthly (30 calendar days) and annual (365 calendar days) fee-based subscription options to its users (the “Subscription Plan”).

You can become a subscriber to a paid subscription program or (the “Paid Subscriptions”) by purchasing a subscription to the Services within the Apps, where allowed by the App marketplace partners (Apple iTunes Store and Google Play store).

Monthly Subscription is paid in monthly installments. For each month that your monthly subscription is active, you acknowledge and agree that Bambu AI is authorized to charge the same credit card or other payment method (the “Payment Method”) as was used for the initial subscription fee in the amount of the then current monthly subscription fee. The monthly renewal subscription fees will continue to be billed to the Payment Method you provided, automatically until canceled as described below. 

Annual Subscription is paid for by an initial one-time payment with automatic annual payments. You acknowledge and agree that Bambu AI is authorized to charge the Payment Method used for the initial annual subscription fee at the rate secured at the time of purchase. This includes discounted rates secured with any applicable promotional offers. 

Cancellations
You will only have access to your Subscription Plan while it is active and subsisting. Should you fail to pay your subscription within 7 days after a due date, you will be unable to have full access to the Services. You must cancel your subscription before it renews each billing period in order to avoid billing of the next subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period.

You can modify or cancel your paid subscription only through the App marketplace where you originally acquired the subscription. To view, modify or cancel your subscription, you may be required to be authenticated under the same user ID by the marketplace partner.

Refunds
Please note that if you purchase a subscription through the Apple iTunes Store or our iPhone application, the sale is final, and we will not provide a refund. Your purchase will be subject to Apple’s applicable payment policy, which also may not provide for refunds. If you purchase a subscription through the Google Play store, the sale is final and we will not provide a refund. Your purchase will be subject to Google’s applicable payment policy, which also may not provide for refunds.

You agree to promptly notify Bambu AI of any changes to the Payment Method you provided while any Subscription Plan remains outstanding. You are responsible for all applicable fees and charges incurred, including applicable taxes, and all Subscription Plans purchased by you.

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IV. CANCELLATION OF SERVICES

Cancellation by you
You may cancel your Membership at any time by deleting your account in the app. This action is irreversible. As soon as you delete your account, all the data associated with your use of the Services will be removed permanently. For further details on how we treat information you provide to us after you have stopped using the Services, view our Privacy Policy, as well as the licenses above.  Upon your account deletion, cancellation of a Paid Subscription is effective at the end of the applicable billing period.

Please note that if you purchase a Paid Subscription through the Apple iTunes Store or our iPhone application, you may cancel your subscription by canceling automatic renewal of paid In App Subscriptions by selecting Manage App Subscriptions in your iTunes Account settings and selecting the subscription you want to modify.

If you purchase a Paid Subscription through the Google Play store you may cancel automatic renewals in account settings under Subscriptions in the Google Play app, or according to the current process outlined by Google Play.

Cancellation by us
We may suspend or terminate your use of the Services as a result of your fraud or breach of any obligation under these Terms. Such termination or suspension may be immediate and without notice.

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V. ENGAGING WITH OUR SERVICES

User Submissions
Anything you post, write, say to Willow, or share through the Services (such as your journal submissions), including any conversations with Willow, is your “User Submission.” We care deeply about your privacy. Please view our Privacy Policy to see how we protect your User Submission data.

In order to display your User Submissions on the Services, you grant us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User Submissions that are also your personally-identifiable information.

For all User Submissions, you hereby grant Bambu AI a license to translate, modify (for technical purposes, for example making sure your Content is viewable on an iPhone as well as an Android) and reproduce and otherwise act with respect to such User Submissions, in each case to enable us to operate the Services, as described in more detail below. This is a license only – your ownership in User Submissions is not affected. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Feedback”), provided by you to Bambu AI are non-confidential and Bambu AI will be entitled to the unrestricted use and dissemination of this Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Bambu AI may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c ) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Bambu AI, our users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

General practices regarding use and storageYou acknowledge that we may establish general practices and limits concerning use of the Services, including without limitation the maximum period of time that data or other content will be retained by the Services and the maximum storage space that will be allotted on our servers on your behalf. You agree that Bambu AI has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by the Services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

Third Party Websites
The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Bambu AI will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Bambu AI is not liable for any loss or claim that you may have against any such third party

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VI. APPLE APP STORE AND GOOGLE PLAY STORE LEGAL INFORMATION

These Terms apply to your use of all the Services, including the iPhone application available via the Apple, Inc. (“Apple”) App Store (the “Applications”), and the Android application available via the Google, Inc. (“Google”) Play Store (the “Applications”), but the following additional terms also apply to the Applications:

  • Both you and Bambu AI acknowledge that the Terms are concluded between you and Bambu AI only, and not with Apple and Google, and that Apple and Google are not responsible for the Application or the Content;
  • The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they are applicable to the Services;
  • You will only use the Application in connection with an Apple device that you own or control;
  • You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application;
  • In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple or Google of such failure; upon notification, Apple and Google’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application;
  • You acknowledge and agree that Bambu AI, and not Apple or Google, is responsible for addressing any claims you or any third party may have in relation to the Application;
  • You acknowledge and agree that in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Bambu AI, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and that you are not listed on any U.S. Government list of prohibited or restricted parties;
  • Both you and Bambu AI acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of the agreement which may affect or be affected by such use; and
  • Both you and Bambu AI acknowledge and agree that Apple and Apple’s subsidiaries and Google and Google’s subsidiaries are third party beneficiaries of this Agreement, and that upon your acceptance of this Agreement, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as the third party beneficiary hereof.

Bambu AI and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.


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VII. INTELLECTUAL PROPERTY RIGHTS

Service content, software, and trademarks
You acknowledge and agree that the Services may contain content or features (“Service Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Bambu AI, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Service Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services, you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Bambu AI from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Bambu AI, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Bambu AI.

The Bambu AI name and logos are trademarks and service marks of Bambu AI (collectively the “Bambu AI Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Bambu AI. Nothing in these Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Bambu AI Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Bambu AI Trademarks will inure to our exclusive benefit.

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VIII. WARRANTY, INDEMNITY AND LIABILITY

Please read the following content for information regarding warranty, liability, indemnity, assignment, choice of law, and arbitration.Warranty Disclaimer: Neither Bambu AI nor its licensors or suppliers make any representations or warranties concerning any content contained in or accessed through the Services, and we will not be responsible or liable for the accuracy, reliability, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.THE SERVICES AND CONTENT ARE PROVIDED BY BAMBU AI (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OR ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE . WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.Limitation of Liability. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL  BAMBU AI (OR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR DEVICE FAILURE OR MALFUNCTION, OR (B) ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (A) $100, OR (B) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.Indemnity. To the fullest extent allowed by applicable law, you agree to indemnify and hold Bambu AI, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to or in connection with any third party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), (b) your User Submissions, and (c) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).Assignment. You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in any way (by operation of law or otherwise) without Bambu AI’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.Choice of Law. These Terms are governed by and will be construed under the Federal Arbitration Act, applicable federal law, and the laws of the State of California, without regard to the conflicts of laws provisions thereof.Arbitration Agreement. Please read the following ARBITRATION AGREEMENT carefully because it requires you to arbitrate certain disputes and claims with BAMBU AI and limits the manner in which you can seek relief from us. Both you and Bambu AI acknowledge and agree that for the purposes of any dispute arising out of or relating to the subject matter of these Terms, Bambu AI’s officers, directors, employees and independent contractors (“Personnel”) are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Personnel will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof.
Arbitration Rules; Applicability of Arbitration Agreement.
Any dispute arising out of or relating to the subject matter of these Terms shall be finally settled by binding arbitration in California. The arbitration will proceed in the English language, in accordance with the Streamlined Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with such Rules. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing obligation to arbitrate disputes, each party shall have the right to pursue injunctive or other equitable relief at any time, from any court of competent jurisdiction.

Costs of Arbitration. Bambu AI will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law.
Small Claims Court. Furthermore, either you or Bambu AI may assert claims, if they qualify, in small claims court in California or any United States county where you live or work.
Waiver of Jury Trial. YOU AND BAMBU AI WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR JURY. You and Bambu AI are instead choosing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Bambu AI over whether to vacate or enforce an arbitration award, YOU AND BAMBU AI WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in (f) below.
Opt-out. You have the right to opt out of the provisions of this Section by sending written notice of your decision to opt out to the following address: Bambu AI Inc., 230 Emerystone Terrace, San Rafael, CA 94903 postmarked within 30 days of first accepting these Terms. You must include (1) your name and residence address; (2) the email address and/or telephone number associated with your account; and (3) a clear statement that you want to opt out of these Terms’ arbitration agreement.
Exclusive Venue. If you send the opt-out notice in (f), and/or in any circumstances where the foregoing arbitration agreement permits either you or Bambu AI to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing arbitration agreement will not apply to either party and both you and Bambu AI agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in San Francisco, California.
Miscellaneous. You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that Bambu AI may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Bambu AI agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Bambu AI, and that these Terms supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of Bambu AI, and you do not have any authority of any kind to bind Bambu AI in any respect whatsoever.


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IX. YOUR PRIVACY

At Bambu AI, we respect the privacy of our users. For details please see our Privacy Policy. By using the Service, you consent to our collection and use of personal data as outlined therein.

QUESTIONS? CONCERNS? SUGGESTIONS?
Please contact us at info@bambuai.com to report any violations of these Terms of Service or to ask us any questions regarding these Terms of Service or our Services.

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Effective date: October 8, 2023

We take your privacy seriously. Please read the following to learn more about our Privacy Policy.

PRIVACY POLICY QUICK LINKS
What does this privacy policy cover?
What information do we collect?
How is this information and data used?
When would this data be shared?
Is personal data transferred to third countries?
What should I know about data retention and security?
What else should I be aware of?
How do I access, correct, or delete my personal information?
How do you protect my personal information?
Contact Information
Bambu AI Logo

Privacy Policy

I. WHAT DOES THIS PRIVACY POLICY COVER?

This Privacy Policy (“Policy”) explains our policy regarding the collection, use, disclosure and transfer of your information by Bambu AI and/or its subsidiary(ies) and/or affiliate(s) (collectively referred to as the "Company"), which operates various websites, including sub-sites, platforms, applications, web platforms and other platforms (collectively referred to as “Sites”) for delivery of information, products, offerings and content via any mobile or internet connected device or otherwise (collectively the "Services").

Please read this Privacy Policy along with the Terms of Use linked separately to this website.  Capitalized terms which have been used here but are undefined shall have the same meaning as attributed to them in the Terms of Use. This Privacy Policy is applicable to persons who access, browse or use the Services (“User”). For the purpose of this Policy, wherever the context so requires "you" or "your" shall mean User and the term "we", "us", "our" shall mean Company.

As noted in the Terms of Use, we do not knowingly collect or solicit personal information from anyone under the age of 13. If you are under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn that we have collected personal information from a child under age 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us with personal information, please contact us at info@bambuai.com.

As we update, improve, and expand the Services, this Policy may change, so please refer back to it periodically. By accessing and using the Sites or otherwise using the Services, you consent to the collection, storage, and use of the personal information you provide (including any changes thereto as provided by you) for any of the Services that we provide.

We gather various types of Personal Information from our users, as explained in more detail below, and we use this Personal Information internally in connection with our Services, including to personalize, provide, and improve our services, to allow you to set up a user account and profile, to contact you and allow other users to contact you, and to analyze how you use the Services. In certain cases, we may share some Personal Information with third parties, but only as described in this document.

The Company respects the privacy of the Users of the Services and is committed to protect it in all respects. The information about the User as collected by the Company is: (a) information supplied by Users and (b) information automatically tracked while navigation (collectively referred to as “Information”).


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II. WHAT INFORMATION DO WE COLLECT?

1. Information You Provide to Us.

Registration Data:
We collect information that you provide to us when you use the App, including intake information. We also collect information automatically as you use the App, such as usage data and device information. The inputs you provide in conversation are collected and sent to Bambu AI's servers and to OpenAI in order to create generative AI outputs, but as stated in the data retention section below, this data is not retained. Any voice inputs you provide via the microphone input are sent to a third party speech-to-text provider, Deepgram, in order to generate text for use in advancing conversations. Their data retention and privacy policy can be found here: (https://deepgram.com/privacy/)

Permissions that we need:
Within the application, we ask for your consent to receive notifications from Willow. By giving consent, you are allowing us to send occasional notifications to your phone number, based on the state of your account or activity.

2. Information Collected Automatically.

When you make an account, we collect your device ID and device type. We may collect de-identified information about your habits and patterns on the Willow app. We collect such information so that we can better understand how to update our app in a way that benefits you. For example, this data can tell us how often users engage with a particular feature of the Services, and we can apply that knowledge to make our features better serve as many users as possible. We may also use this data to customize your experience, based on your usage patterns.We may ask for your permission to communicate with you directly to ask questions about your user experience. You can refuse our permission to ask you questions, and you are also not required to answer any questions.

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III. HOW IS THIS INFORMATION AND DATA USED?

We use the information we collect to:
- Generate text transcripts of voice input
- Generate generative AI outputs
- Test text for conversational safety
- Provide, maintain, and improve the App and its features
- Analyze and understand how the App is used
- Communicate with you about the App, including updates and support
- Detect, prevent, and address technical issues and security risks


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IV. WHEN WOULD THIS DATA BE SHARED?

We do not rent or sell your Personal Information in a personally identifiable form to anyone, provided certain Personal Information may be transferred in connection with business transfers, as described below. We may share your Personal Information with third parties only as described in this section:

Third-Party Service Providers: Bambu AI is committed to keeping your information from third parties when possible. However, due to our early stage of application development, we employ other companies and individuals to perform certain functions on our behalf. We are working on building our own resources for such functions. In the meantime, here is a list of our providers and their functions for your reference:

All Application Data (such as User Submissions, Personal Information, and any other Content associated with the Services) is stored in Firebase Google Cloud, which also helps us to improve the reliability and stability of our app, as well as other analytics platforms (CleverTap, MixPanel, Amplitude, and AppsFlyer) to help us better understand how our users interact with our Services, so we can make the experience better.Some recent data remains in cache, which will be hosted on Amazon Web Services.
These third party service providers must process your information in accordance with this Privacy Notice and as permitted by applicable data protection law.

The Company shares your Information with any third party without obtaining the prior consent of the User in the following limited circumstances: 

a) When it is requested or required by law or by any court or governmental agency or authority to disclose, for the purpose of verification of identity, or for the prevention, detection, investigation including but not limited to cyber incidents, or for prosecution and punishment of offenses. These disclosures are made in good faith and belief that such disclosure is reasonably necessary for enforcing these Terms or for complying with the applicable laws and regulations. 

b) The Company proposes to share such Information to conduct its business and to share such Information within its group companies and officers and employees of such group companies for the purpose of processing personal information on its behalf. We also ensure that these recipients of such Information agree to process such information based on our instructions and in compliance with this Policy and any other appropriate confidentiality and security measures. 

c) We may share your information when we believe in good faith that such sharing is reasonably necessary in order to investigate, prevent, or take action regarding possible illegal activities or to comply with legal process. We may also share your information to investigate and address threats or potential threats to the physical safety of any person, to investigate and address violations of this Privacy Policy or the Terms of Service, or to investigate and address violations of the rights of third parties and/or to protect the rights, property and safety of Bambu AI, our employees, users, or the public. This may involve the sharing of your information with law enforcement, government agencies, courts, and/or other organizations on account of legal request such as subpoena, court order or government demand to comply with the law. 

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V. IS PERSONAL DATA TRANSFERRED TO THIRD COUNTRIES?

The information we collect about you, in certain cases is transferred to the servers hosted in third countries, by the third parties engaged by us.

Some countries that are not members of the European Economic Area (EEA) are recognized by the European Commission as providing an adequate level of data protection according to EEA standards. For transfers from the EEA to countries not considered adequate by the European Commission, we have put in place adequate measures, including by ensuring that the recipient is bound by relevant data protection contractual clauses, to protect your personal data.
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VI. WHAT SHOULD I KNOW ABOUT DATA RETENTION AND SECURITY?

The deliberate use and retention of your information off of your device lasts only as long as is necessary to fulfill the purposes outlined in this Privacy Policy, unless a longer retention period is required by law. We implement reasonable security measures to protect your information from unauthorized access, use, or disclosure. Conversation data, intake data, and various derived data are stored persistently on your mobile device(s) and can be deleted at any time by de-installing the app. Except as explicitly noted in this PRIVACY POLICY, your conversations with the Willow AI, in part or in whole, are not stored persistently outside of your device(s). The lifetime of your data on the Bambu AI servers depends on many factors, but except as required by law or with your consent, no effort is made to retain this data.

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VII. WHAT ELSE SHOULD I BE AWARE OF?

In order for Willow to engage in conversation, information has to be sent to our servers and then to OpenAI's servers for AI processing. Our servers do not deliberately retain any of your conversational information longer than the time required to process the response. OpenAI has their own policies regarding data retention. (https://openai.com/policies/api-data-usage-policies) Bambu AI, Inc. does not give OpenAI permission to use your data for their purposes.

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VIII. HOW DO I ACCESS, CORRECT, OR DELETE MY PERSONAL INFORMATION?

Access: You may request that we confirm whether or not we are processing your Personal Data. If we are, you may request a copy of your Personal Data, which we will provide free of charge, together with information about the processing, such as the purposes of the processing and the categories of Personal Data concerned. This can be requested through emailing info@bambuai.com with SUBJECT: PERSONAL DATA REQUEST. However, this is not an absolute right and the interests of other individuals may restrict your right of access. We may decline or charge a reasonable administrative cost for requests which are excessive, particularly if repetitive.

Rectification: You may edit some of your Personal Data when you have access to do so. You may also ask us to change, update or fix your Personal Data in certain cases, particularly if it’s inaccurate.
Erasure: You may request the erasure of your Personal Data.
Restrict Processing: You may ask us to restrict the processing of your Personal Data under certain circumstances, such as if your Personal Data is inaccurate or unlawfully held.
Data portability: You may ask for a copy of the Personal Data you provided to us in a structured, commonly used and machine-readable format and you may have the right to transmit this data to another entity.

Object: You may object to the processing of your Personal Data on grounds relating to your particular situation under certain circumstances, for example for direct marketing. If you have a right to object and you exercise this right, your Personal Data will no longer be processed for such purposes by us, unless there are overriding compelling legitimate grounds for the processing or as otherwise provided under applicable law.

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VII. HOW DO YOU PROTECT MY PERSONAL INFORMATION?

We take appropriate security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data. These include internal reviews of our data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where we store personal data. All information gathered on Bambu AI is securely stored within the Company controlled database. The database is stored on servers secured behind a firewall; access to the servers is password-protected and is strictly limited. However, as effective as our security measures are, no security system is impenetrable. We cannot guarantee the security of our database, nor can we guarantee that the information you supply will not be intercepted while being transmitted to us over the Internet. And, of course, any information you include in a posting to the discussion areas is available to anyone with Internet access.

We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control. You play an important role in keeping your personal information secure.

Changes to privacy notice:
As we improve our Services in the future, we may need to change this Privacy Policy. If this policy changes, we will alert you to such changes by placing a notice on the Services and/or by some other means. If you use the Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes.  

Mechanism to withdraw consent:
You can request Bambu AI to delete your information. In some cases, we may however retain information for a limited period for legitimate business or legal purposes.

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VIII. CONTACT INFORMATION

If you have any questions or concerns about this Privacy Policy, please contact us using the "Report a Problem" feature in the App's main menu or by emailing us at the email address provided by choosing About in the main menu.

Data Protection Office:
The data controller for our services at Bambu AI has the business address of:
230 Emerystone Terrace
San Rafael, CA 94903

The data protection officer (DPO) appointed by Bambu AI is Andrew Leker who can be contacted at info@bambuai.com.If you have any queries, complaints regarding the collecting, processing, transfer of personal data/information or regarding this policy please contact our Data Protection Officer.

Redressal Mechanism:
Any complaints, abuse, or concerns with regard to the use, processing, and disclosure of Information provided by you or breach of these terms should immediately be informed to the designated Grievance Officers as mentioned below, via in writing or through email signed with an electronic signature to info@bambuai.com or Andrew Leker ("Grievance Officer"):

Andrew Leker
Grievance Officer (www.bambuai.com)
230 Emerystone Terrace
San Rafael, CA 94903

We request you to please provide the following information in your complaint:

a) Identification of the information provided by you;
b) Clear statement as to whether the information is personal information or sensitive personal information;
c) Your address, telephone number or email address;
d) A statement that you have a good-faith belief that the information has been processed incorrectly or disclosed without authorization, as the case may be;
e) A statement, under penalty of perjury, that the information in the notice is accurate, and that the information being complained about belongs to you;
f) You may also contact us in case you have any questions / suggestions about the Policy using the contact information mentioned above.

The Company may reach out to you to confirm or discuss certain details about your complaint and issues raised.

The Company shall not be responsible for any communication, if addressed, to any non-designated person in this regard.

Thank you for reading our Privacy Policy.

If you have any questions or concerns regarding our privacy policies, please send us a detailed message to info@bambuai.com, and we will try to resolve your concerns.

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