Goldbelly Chatbot Terms
The person or entity using the Goldbelly chatbot (“you”, or “your”) hereby agrees to these Chatbot Terms by accessing or using the chatbot on our website or App. “Our” means Goldbely, Inc. (which is also referred to as “Goldbelly”, “we”, and “us” in these Goldbelly Chatbot Terms). Goldbely, Inc. is a Delaware corporation with its principal place of business at 27 Union Sq W., New York, New York, 10003. If you do not agree to these Chatbot Terms you should not use (and are not authorized to use) the chatbot.
We provide you access to the chatbot on the following terms, to which you agree when you use the chatbot. This document contains important legal obligations, including limitations of liability, disclaimers, agreements to arbitrate, waivers of class action rights, and indemnities in our favor. Please read it; it is binding on you if you use the chatbot.
When we say “chatbot” we refer to the option that we provide you to query and receive responses from (hence “to chat” with) a computer program that simulates and processes written human conversation. You must be at least 18 years old to use the chatbot. All the other terms of use and policies for our website/App (including our Privacy Policy at https://www.goldbelly.com/privacy-and-security) also apply to your use of the chatbot; this document contains additional provisions, and it takes priority and controls in the event of any conflict between any other of our online terms.
You agree by using the chatbot that it may make errors. We are not responsible for such errors. For example, (A) if you have a dietary restriction (e.g., a food allergy or a particular food you avoid for any reason), it may misunderstand and give a recommendation that is inconsistent with your restrictions. You understand and agree that Goldbelly is not responsible for the recommendations made by the chatbot and you further agree that you are solely responsible to check ingredient lists yourself for allergens and for consistency with your religious and/or moral beliefs and practices; and (B) the chatbot may say something which is factually erroneous or offensive, for which we apologize in advance (and which do NOT represent our views) but for which you agree Goldbelly is not responsible. You understand and agree that output of the chatbot is not created by any employee of Goldbelly and it may not reflect the views of Goldbelly.
The additional legal terms that start below are an integral part of this document and are incorporated by reference.
Additional Legal Terms:
Chat GPT. This chatbot is powered by Open AI (Chat GPT). Their terms, to the extent applicable to you, apply to your use of the chatbot in addition to this document: https://openai.com/policies/terms-of-use. We are not affiliated with Open AI.
Intellectual Property Rights. You do not gain any rights whatsoever in the chatbot. All rights in it belong either to us or to those entities from whom we have licensed the technology. We can cease providing the chatbot at any time without notice.
As between you and us, Goldbelly owns Content. We (Goldbelly) have the right to use any queries or inputs you provide and any outputs of the chatbot (collectively, “Content”) for our own use without compensation or attribution to you. Without limiting the general nature of the foregoing, we may also use any Content to provide, maintain, develop, and improve our services, comply with applicable law, enforce our terms and policies, and keep our services safe.
Disclaimer of Warranties
CHATBOT SERVICES (“SERVICES”) ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM THE SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON CHATBOT OUTPUT AS A SOLE AUTHORITATIVE OR VALID SOURCE OF FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR YOUR OWN RESEARCH.
Limitation of Liability
NEITHER WE NOR ANY OF OUR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING BUT NOT LIMITED TO DAMAGES OR CONSEQUENCES YOU MAY SUFFER BASED ON ALLERGENS TO WHICH YOU MAY BE EXPOSED BY RELYING ON CHATBOT RECOMMENDATIONS OR VIOLATIONS OF YOUR DIETARY RESTRICTIONS CAUSED BY RELYING ON ITS RECOMMENDATIONS), OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE CHATBOT TERMS WILL NOT EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Some countries and states do not allow the disclaimer of certain warranties or the limitation of certain damages, so some or all of the terms above may not apply to you, and you may have additional rights. In that case, these Chatbot Terms only limit our responsibilities to the maximum extent permissible in your country and state of residence.
Indemnity
To the extent permitted by law, you will indemnify and hold harmless us, our affiliates, and our personnel, from and against any costs, losses, liabilities, and expenses (including attorneys’ fees) from third party claims arising out of or relating to use of the Services and Content or any violation of these Chatbot Terms by you.
General Terms
Assignment. You may not assign or transfer any rights or obligations under these Chatbot Terms and any attempt to do so will be void. We may assign our rights or obligations under these Chatbot Terms to any affiliate, subsidiary, or successor in interest of any business associated with our Services.
Changes to These Terms or Our Services. We may update these Chatbot Terms or our Services from time to time without any notice to you. Your use of the Services after such change or after we post new terms (as applicable) constitutes your consent to such changes. If you do not agree to the changes, you must stop using our Services.
Delay in Enforcing These Terms. Our failure to enforce a provision is not a waiver of our right to do so later. Except as provided in the Dispute Resolution section below, if any portion of these Chatbot Terms is determined to be invalid or unenforceable, that portion will be enforced to the maximum extent permissible and it will not affect the enforceability of any other terms.
Dispute Resolution.
- Procedures. The parties agree that any and all disputes, claims, or controversies between the parties arising out of or related to these Chatbot Terms and the use of the chatbot, including any claims under any statute or regulation (“Disputes”), will be submitted first to non-binding mediation lasting not more than one (1) day. If the Disputes are not resolved through mediation within thirty (30) days of when the first request was made for such mediation (or such shorter or longer time period as the parties may mutually agree), then, upon the election of either party, the Disputes will be submitted for binding arbitration. Mediation and any arbitration will take place in the State of New York, New York County, and will be administered by, and pursuant to the commercial rules of, the American Arbitration Association.
- Restrictions on Arbitration. Disputes will be arbitrated on an individual basis. There will be no right or authority for any Disputes to be arbitrated on a class action basis or in a purported representative capacity on behalf of the general public or other persons or entities similarly situated. The arbitrator's authority to resolve Disputes and to make awards is limited to Disputes between us and you alone and is subject to the limitations of liability and disclaimers set forth in these Chatbot Terms. Furthermore, Disputes brought by either party against the other related to these Chatbot Terms may not be joined or consolidated in arbitration with disputes/claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision on any Disputes will be given preclusive effect as to issues or claims in any dispute with anyone who is not a party to the arbitration. Should any portion of this paragraph (Restrictions on Arbitration) be stricken from these Chatbot Terms or deemed otherwise unenforceable, then the entire section of Dispute Resolution will be stricken from these terms to the extent of the scope of jurisdiction of the entity finding them unenforceable.
- Enforcement. The provisions of this Section (Dispute Resolution) may be enforced in a court of competent jurisdiction and an award of all costs, fees, and expenses (including reasonable attorneys’ fees) incurred in an enforcement proceeding regarding this Section (Dispute Resolution) will be paid by the non-prevailing party in any such proceeding.
- Costs of Arbitration Proceedings. The parties will be responsible for paying their respective shares of the arbitration fees (including filing, administrative, hearing, and other fees) as provided by the American Arbitration Association rules. The substantially prevailing party in any legal proceeding (except mediation) including arbitration, based upon these Chatbot Terms shall be entitled to reasonable out of pocket attorneys’ fees and costs, in addition to any other damages allowed by the arbitrator (or court if applicable), from the substantially non-prevailing party.
Governing Law. Arbitration is subject to the Federal Arbitration Act and to the extent not inconsistent therewith, New York law will govern these Chatbot Terms except for its conflicts of laws principles. Except as provided in the Dispute Resolution section above, all claims arising out of or relating to these Terms will be brought exclusively in the federal or state courts of New York, New York.