Terms and Conditions
Last updated: April 20, 2023
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the Gnbly AI assistant platform (the "Service") operated by NEWPO, LLC ("us", "we", or "our").
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you may not access the Service.
1. Account Registration
To use our Service, you must create an account with a valid email address and phone number. You are responsible for maintaining the confidentiality of your account password and are responsible for all activities that occur under your account.
2. Virtual Phone Number and Subscription
To utilize the communication features of the Service, you will need to rent a virtual phone number from our platform and pay for a subscription. All fees and charges related to the subscription are non-refundable, and we may change the pricing for the subscription at any time.
3. Content Generation
The Service utilizes third-party AI services, such as OpenAI, to generate content for communication purposes. You acknowledge that the content generated by these AI services may not always be accurate, appropriate, or error-free.
4. Limitation of Liability
In no event shall NEWPO, LLC, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any direct, 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, including but not limited to AI-generated content; 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.
You agree that your use of the Service is at your sole risk and acknowledge that the content generated by the AI services used within our platform may not always be accurate, appropriate, or error-free. You are solely responsible for any consequences arising from the use of the AI-generated content.
5. Disclaimer
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. NEWPO, LLC disclaims all warranties, express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranty that (i) the Service will meet your requirements; (ii) the Service will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Service will be accurate or reliable; (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations; or (v) any errors in the Service will be corrected.
You expressly agree that your use of the Service is at your sole risk and acknowledge that the content generated by the AI services used within our platform may not always be accurate, appropriate, or error-free. You are solely responsible for any consequences arising from the use of the AI-generated content.
6. Disputes Resolution
If you have any concerns or disputes about the Service, you agree to first try to resolve the dispute informally by contacting us at hello@gnbly.com.
In the event that a dispute cannot be resolved informally, you and NEWPO, LLC agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the arbitration body designated in the jurisdiction in which NEWPO, LLC is located. The arbitration will be conducted in accordance with the rules of the designated arbitration body in effect at the time the arbitration is initiated.
Each party will be responsible for paying any filing, administrative, and arbitrator fees associated with the arbitration. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees, and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property, or unauthorized access to the Service.
7. Prohibited Activities
You agree not to use the Service for any unlawful or prohibited activities, including, but not limited to:
- Engaging in any form of spamming, unsolicited calls, or mass messaging to individuals without their prior consent.
- Conducting or promoting any illegal activities, including but not limited to, fraud, harassment, defamation, invasion of privacy, or distribution of illegal content.
- Violating any applicable local, state, national, or international laws, rules, or regulations.
NEWPO, LLC. reserves the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, reporting you to law enforcement authorities, terminating your access to the Service, and blocking your access to the platform.
In addition, you agree that you will not use any automated systems, bots, or scripts to access, monitor, or interact with the Service without our prior written consent. Any unauthorized use of the Service is strictly prohibited and may result in criminal and/or civil penalties.
8. Termination
We may terminate or suspend your account and access to the Service at any time, without prior notice or liability, for any reason, including, but not limited to, a breach of these Terms.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will notify you of any changes by posting the new Terms on this page. It is your responsibility to review these Terms periodically for changes.
10. Governing Law
These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which NEWPO, LLC is located, without regard to its conflict of law provisions.
11. Contact Us
If you have any questions about these Terms, please contact us at hello@gnbly.com.