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Terms of Service

Please read these Terms of Service ("Terms") carefully before using the Babel and Gru.ai websites or apps(the "Service") operated by Babel Inc. ("Babel", "us", "we", or "our"). Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service. By accessing or using the Service you agree to be bound by these Terms. You also agree to be bound by our Privacy Policy at babel.cloud/privacy and incorporated here by reference. If you disagree with any part of these Terms, then you do not have permission to access the Service.

Service

We provide users with a hosted environment and community to code, build, share, and deploy software and web servers through our Service.

User Agreement to Acceptable Use of the Service

Your use of the Service is subject to the prohibitions on use and content in these Terms. If you are found to be in violation of these Terms, or any of our other policies at any time, as determined by Babel in its sole discretion, we may warn you or suspend or terminate your account.

Prohibited Actions

In using the Services, you may not and may not allow any third party, including your end users, to:

  1. Send, upload, distribute or disseminate or offer to do the same with respect to any unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable content;
  2. Intentionally distribute viruses, worms, defects, Trojan horses, corrupted files, hoaxes, or any other items of a destructive or deceptive nature;
  3. Conduct or forward illegal activities.;
  4. Transmit content that may be harmful to minors;
  5. Impersonate another person (via the use of an email address or otherwise) or otherwise misrepresent yourself or the source of any email;
  6. Create accounts with automation or register accounts in bulk without prior written approval from Babel;
  7. Illegally transmit another's intellectual property or other proprietary information without such owner's or licensor's permission;
  8. Use the Service to violate the legal rights (such as rights of privacy and publicity) of others;
  9. Promote or encourage illegal activity;
  10. Use the Service in any way that promotes or facilitates human trafficking, sex trafficking, or physical abuse;
  11. Interfere with or disrupt the Services or create an undue burden on Babel's Service or the networks or services connected to Babel's Service;
  12. Use the Service to attack or tamper with other websites, services, and individuals;
  13. Perform significant load testing without first obtaining Babel's written consent (email permitted), as otherwise these may be treated as denial-of-service attacks;
  14. Launch any automated system, including without limitation, "robots", "spiders", or "offline readers" that access the Service in a manner that sends more request messages or any other content to the Babel servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser. Notwithstanding the foregoing, Babel may grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. Babel reserves the right to revoke these exceptions either generically or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Service, nor to use the communication systems provided by the Services for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Service with respect to their content.
  15. Rent, lease, loan, or sell access to, or otherwise attempt to transfer any right in Babel's website (which includes its software and documentation) to a third-party, through framing or any other method;
  16. Modify, adapt, translate, or reverse engineer any portion of the Service. Without limitation you may not engage in practices of "screen scraping," "database scraping" or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, copy visuals or business methods, or other lists or information from the Service, in any manner and any quantities not authorized by Babel in writing or use BabelB for competitive purposes;
  17. Remove any copyright, trademark or other proprietary rights notices contained in or on the Service;
  18. Reformat or frame any portion of the web pages that are part of the Service's administration display;
  19. Use the Service to "mine" bitcoins, other cryptocurrencies;
  20. Display any content on the Service that contains any hate-related or violent content or contains any other material, products or services that violate or encourage conduct that would violate any criminal laws, any other applicable laws, or any third party rights;
  21. Modify the Babel logo or any other Babel Marks or logos;
  22. Send unsolicited messages or use the Service to send unsolicited messages (also known as junk mail or SPAM);
  23. Use the Service to create a proxy with the purpose of circumventing any firewall or other access control measure;
  24. Engage in attacks designed to extract or steal trained machine learning models used by Babel or its third party service providers.

Prohibited Content

You may not upload or transmit any of the following types of User Content (as defined below) on or through the Service:

Quota & Limits

Babel has certain soft and hard limits in using its service. Hard limits are automatically enforced by the Service. Soft limits are consumable resources that you agree not to exceed.

Your Use of Content on the Service

In addition to the general restrictions set forth above, the following restrictions and conditions apply specifically to your use of content made available on the Service, and the trademarks, service marks and logos ("Marks") on the Service (collectively referred to as "Service Content"). The Service Content is owned or licensed by Babel or others, and is subject to copyright and other intellectual property rights under the law. Service Content is provided to you on a strictly as-is basis. You may access Service Content for your information and personal use solely as permitted under these Terms. You shall not download any Service Content unless you see a "download" or similar link displayed by Babel on the Service for that Service Content. Except as provided in the "Open Source and User Content" section below, you shall not copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Service Content for any other purposes without the prior written consent of Babel or the respective licensors of such Service Content. Babel and its licensors reserve all rights not expressly granted in and to the Service and the Service Content. You agree not to circumvent, disable, or otherwise interfere with the security-related features of the Service or features that prevent or restrict use or copying of any Service Content or enforce limitations on the use of the Service or Service Content. You understand that when using the Service, you will be exposed to Service Content from a variety of sources, and that Babel is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to such Service Content. You further understand and acknowledge that you may be exposed to Service Content that is inaccurate, offensive, indecent, or objectionable.

User Content

Our Service allows you to post, link, store, share and otherwise make available certain information, code, text, graphics, videos, or other material ("User Content"). Because part of the Service includes a code editor and file manager for purposes of uploading User Content, you fully control the type and nature of the User Content you upload, and as such you (and not Babel) are responsible for the User Content that you post on or through the Service, including its legality, reliability, and appropriateness.

By posting or developing User Content on or through the Service, You represent and warrant that: (i) except as provided in the "Open Source and User Content" section below, the User Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright or any other intellectual property right.

Except as provided in the "Open Source and User Content" section below, you retain any and all of your rights to any User Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and except where prohibited by law, assume no liability for User Content you or any third party posts on or through the Service. However, by posting User Content using the Service you grant us the non-exclusive, worldwide, royalty-free, fully paid-up, sublicensable and transferable right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content on and through the Service in accordance with these Terms and our Privacy Policy. You agree that this license includes the right for us to make your User Content available to other users of the Service, who may also use your User Content subject to these Terms.

Babel has the right but not the obligation to monitor, edit, remove, or share User Content provided by users where it believes in good faith that it is necessary to comply with applicable law, to ensure the consistency, security, and stability of our Service, or for any other reason.

Except as provided in the "Open Source and User Content" section below, you may not distribute, modify, transmit, reuse, download, repost, copy, or use said User Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.

Purchases

If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, your shipping information and CSC number.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons, or if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other services. Products or services may be discontinued, mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We may offer artificial intelligence features like the ability to generate code.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Notice and Communications

By creating an account on our Service, you agree that, from time to time, we may contact you to notify you about certain changes or additions to the Service or regarding your use of the Service. Where we require that you provide an e-mail address, you are responsible for providing us with your most current e-mail address. In the event that the last e-mail address you provided to us is not valid, or for any reason is not capable of delivering to you any notices required or permitted by these Terms, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give us notice by contacting us at connect@babel.cloud

Contests, Sweepstakes and Promotions

Any contests, sweepstakes or other promotions (collectively, "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.

Accounts; Account Termination Policy

You must be at least 13 years old to use the Service. However, children of all ages may use the Service if enabled by a parent or legal guardian. If you are under 18, you represent that you have your parent or guardian’s permission to use the Service. Please have them read these terms with you.

If you are a parent or legal guardian of a user under the age of 18, by allowing your child to use the Service, you are subject to the terms of this Agreement and responsible for your child’s activity on the Service.

When you create an account with us, you represent that the information you provide is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. 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. You may not use as a username any name that is offensive, vulgar or obscene.

Babel may terminate a user’s access to the Service if the user is determined to be a repeat infringer of our Copyright Policy below or if in Babel’s sole discretion, Babel determines that a user has breached or otherwise violated these Terms. If Babel, in its sole discretion, determines that a user or User Content violates these Terms for any reason, Babel may at any time, without prior notice and in its sole discretion, remove such User Content and/or terminate a user’s account. In addition to the foregoing, we reserve the right to refuse service, terminate, reclaim or repurpose accounts, remove or edit content, or cancel orders in our sole discretion.

Copyright Policy

We respect the intellectual property rights of others, it is our policy to respond to any claim that User Content posted on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to connect@babel.cloud, with the subject line: "Copyright Infringement" and include in your claim a detailed description of the alleged Infringement as detailed below, under "DMCA Notice and Procedure for Copyright Infringement Claims"

You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims on the infringement of any User Content found on and/or through the Service on your copyright.

Indemnification

You agree to defend, indemnify and hold harmless Babel Inc. and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys' fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

Intellectual Property

The Service and its original content (excluding User Content provided by users), features and functionality, including without limitation, all intellectual property rights therein, are and will remain the exclusive property of Babel and its licensors. The Service is protected by copyright, trademark, and other laws of both the Cayman and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Babel.

Links To Third Party Websites, Advertisements and Services

Our Service may contain links to third party web sites, advertisements or services that are not owned or controlled by Babel, including alongside your User Content or related to features of the Service. Babel has no control over, and to the fullest extent permitted by law, assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Babel cannot and will not review, censor, endorse or edit the content of any third-party site, services or advertisements. Where the Service contains links to such third-party websites, services or advertisements, these links are provided for your information and convenience only. You acknowledge and agree that your use of any third-party websites, services and/or advertisements is at your own risk and that you should apply a suitable level of caution and discretion in accessing any such third-party links. When you click on any third-party links, the applicable third party’s terms and policies apply, not these Terms. To the fullest extent permitted by law, by using the Service, you expressly relieve Babel from any and all liability arising from your use of any third-party website, services or advertisements and/or from your use of or access to any third-party content made available through the Service, including without limitation, any User Content made available or accessed through your interactions with other users of the Service.

You acknowledge and agree that to the fullest extent permitted by law, Babel shall 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 such content, goods or services available on or through any such third-party web sites or services.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

All provisions of the terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Limitation of Liability

In no event shall Babel, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose. Babel’s total, cumulative liability for any claim, loss or damage arising out of or relating to these terms shall be one hundred dollars ($100.00 USD).

Warranty Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, the Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Babel Inc. its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, be error-free, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements; or (d) that the Service and/or any content made available through the Service will be accurate or complete.

Babel assumes no liability or responsibility for any errors, mistakes or inaccuracies of content, any personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Service, any unauthorized access to or use of our Service, any interruption or cessation of transmission to or from the Service, any bugs, viruses, Trojan horses or the like which may be transmitted to or through our Service by any third party and/or any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of the Service and/or any content posted, emailed, transmitted or otherwise made available via the Service.

Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations and/or warranty disclaimers may apply to you. You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth herein form an essential basis of the agreement between the parties hereto, that the parties have relied upon such disclaimers, exclusions and limitations of liability, and that absent such disclaimers, exclusions and limitation of liability, the terms and conditions of these Terms would be substantially different.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Kayman, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Assignment

These Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be freely assigned by Babel without restriction.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these terms, please contact us at connect@babel.cloud