Effective Date: June 5, 2026
These Terms of Service (“Terms”) govern access to and use of the websites, software, applications, AI assistants, workflow tools, WordPress plugin, embedded widgets, consulting services, implementation services, workshops, and related products and services provided by Bombyx Labs, a Nevada corporation (“Bombyx Labs,” “Bombyx,” “we,” “us,” or “our”).
By accessing or using our website, creating an account, installing our software, using a Bombyx-powered assistant, purchasing a subscription, participating in a workshop, signing an order form, or otherwise using our services, you agree to these Terms.
If you use the services on behalf of a company, organization, client, employer, or other entity, you represent that you have authority to bind that entity. In that case, “you” and “your” refer to that entity.
If you do not agree to these Terms, do not use the services.
1. Services Covered
These Terms apply to all Bombyx Labs services, including:
Bombyx public websites, including bombyxlabs.com and related public pages.
The Bombyx Labs web application, including accounts, organizations, team access, billing, assistant setup, knowledge sources, organization memory, analytics, reports, testing tools, publishing controls, and administrative tools.
Bombyx Website Assistant, Bombyx Brain, website chat assistants, lead assistants, public embedded assistants, JavaScript embeds, iframe widgets, WordPress embeds, and related public-facing assistant experiences.
The Bombyx Website Assistant WordPress plugin and any other software, scripts, updates, downloadable tools, local launchers, or SDK-style components we provide.
Knowledge, memory, ingestion, source review, website crawl, page scan, source refresh, document upload, frequently asked question, policy, services, owner notes, and training-material features.
Lead capture, contact handoff, answer feedback, question reporting, analytics, helpful opener, dictation, attachment, image, and conversation review features.
Workflow automation, prepared actions, approval flows, integrations, client Loom pages, reports, previews, internal tools, custom dashboards, ecommerce work, Shopify integration, email workflow support, lead follow-up systems, marketing workflow support, and related implementation services.
Workshops, audits, consulting, custom development, setup services, hosting support, maintenance, integration work, training, and professional services.
Beta, preview, experimental, prototype, internal test, pilot, early-access, or limited-release features.
Some services may be subject to additional written terms, an order form, proposal, statement of work, data processing addendum, business associate agreement, support policy, acceptable use policy, invoice, or product-specific notice. If there is a conflict, the more specific written agreement controls for that specific service.
2. Account Eligibility and Authority
You must be at least 18 years old and legally able to enter into contracts to use the services.
You must provide accurate, current, and complete account, organization, billing, and contact information. You must keep that information updated.
You are responsible for all activity under your account, organization, API keys, widget keys, install codes, access codes, passwords, OAuth grants, third-party credentials, and other access credentials.
Do not share individual user credentials. Team members should use their own accounts where available.
You are responsible for assigning appropriate roles and permissions to owners, admins, members, contractors, employees, vendors, and other users who access your organization.
If a user no longer works with or for you, you are responsible for removing that user’s access.
You must notify us promptly if you believe your account, widget key, install code, API key, password, integration, or other access credential has been compromised.
We may revoke, rotate, disable, expire, or require replacement of credentials if we believe they are compromised, misused, exposed, or being used in violation of these Terms.
3. Organizations, Admins, and Team Access
Bombyx accounts may be organized around businesses, clients, projects, or organizations.
Organization owners and admins may be able to view, manage, export, modify, approve, reject, publish, pause, delete, or otherwise control content, settings, conversations, memory items, knowledge sources, leads, billing, integrations, assistant behavior, team members, and other organization data.
You are responsible for internal authorization decisions inside your organization. Bombyx is not responsible for disputes between owners, admins, members, employees, contractors, clients, or other users who are granted access by your organization.
If you use Bombyx for a client, customer, employer, or third party, you represent that you have the right to do so and that you are responsible for obtaining all required permissions and approvals.
4. Customer Content
“Customer Content” means content, data, materials, prompts, instructions, files, documents, text, URLs, website content, public page content, private notes, frequently asked questions, policies, service descriptions, uploaded materials, transcripts, conversation messages, visitor questions, lead details, analytics data, feedback, audio, dictation, attachments, images, page context, source materials, integration data, and other information submitted to, uploaded to, connected to, generated through, or processed by the services by you, your users, your website visitors, your integrations, or systems you connect.
Customer Content includes both “Input” and “Output.” “Input” means information submitted to the services. “Output” means information generated, returned, drafted, summarized, classified, transformed, or otherwise produced by the services based on Input or other context.
You retain ownership of your Customer Content, subject to the rights and licenses granted in these Terms.
You grant Bombyx Labs a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transmit, display, analyze, transform, summarize, retrieve, index, embed, vectorize, classify, generate, modify, and otherwise use Customer Content as necessary to provide, secure, support, maintain, troubleshoot, bill for, improve, and operate the services.
You represent and warrant that you have all rights, licenses, permissions, notices, consents, and legal bases necessary to provide Customer Content to Bombyx and to allow Bombyx to process it as described in these Terms, our Privacy Policy, any applicable data processing addendum, and any applicable order form or statement of work.
You are responsible for the accuracy, quality, legality, integrity, reliability, sensitivity, and appropriateness of Customer Content.
You must not upload, submit, connect, or transmit Customer Content that you do not have the right to use.
5. Website Content, Page Scans, and Source Material
Bombyx services may allow you to add source material by uploading documents, entering text, adding frequently asked questions, importing URLs, crawling public website pages, scanning WordPress pages or posts, refreshing source material, or connecting other data sources.
You are responsible for making sure you have the right to provide that source material.
Do not use Bombyx to crawl, import, copy, extract, or process websites, databases, private pages, gated content, paywalled content, internal systems, or third-party materials unless you have authorization to do so.
Do not use Bombyx to bypass access controls, robots rules, rate limits, passwords, technical restrictions, account permissions, platform terms, or legal restrictions.
If you authorize Bombyx to scan or import your website content, you authorize Bombyx to read, process, store, summarize, classify, and use the scanned content as source material for your organization, assistant, memory, reporting, and related services.
You are responsible for reviewing source material before relying on it. Some source material may require owner or admin approval before it is used in answers or memory.
You are responsible for excluding or removing content that should not be used by the services.
6. AI Outputs, Assistant Answers, and Human Review
Bombyx services may use artificial intelligence, language models, retrieval systems, automation logic, rules, deterministic software, third-party AI providers, and other tools to generate or assist with answers, summaries, classifications, recommendations, drafts, reports, actions, code, messages, and other Output.
AI can make mistakes. Output may be inaccurate, incomplete, outdated, misleading, offensive, unsafe, inappropriate, non-unique, or unsuitable for your use case.
Output is not legal, medical, financial, tax, accounting, compliance, employment, safety, mental health, insurance, professional, or other regulated advice.
You are responsible for evaluating Output before relying on it, publishing it, sending it, using it with customers, using it in your business, or taking action based on it.
You must use human review where Output could affect legal rights, financial outcomes, safety, employment, housing, credit, education, healthcare, insurance, benefits, eligibility, access to essential services, customer commitments, pricing, contracts, public communications, or other important decisions.
You are responsible for testing your assistant, reviewing answers, monitoring conversations, correcting inaccurate information, approving or rejecting suggested improvements, and keeping source material current.
Bombyx does not guarantee any particular business outcome, revenue result, conversion lift, ranking improvement, response accuracy, availability, or customer behavior.
7. Website Assistants and Visitor Interactions
If you install or enable a Bombyx assistant on your website or another digital property, you are responsible for that property and for your relationship with visitors, leads, customers, users, employees, contractors, and other people who interact with the assistant.
You must provide all privacy notices, cookie notices, AI disclosures, consent mechanisms, terms, policies, opt-outs, and other notices required by law or by your own business practices.
You are responsible for telling visitors that they are interacting with an AI-assisted system where required or appropriate.
You are responsible for deciding what the assistant may answer, what it must not answer, when it should collect lead information, when it should hand off to a human, what information it may request, and what disclaimers it should show.
Website assistants may process visitor questions, conversation messages, page context, sanitized page URLs, site URLs, referrer context, scroll depth, active visible time, page trail, pseudonymous visitor or session identifiers, feedback, lead-card lifecycle events, dictation lifecycle events, attachment use, source-link clicks, helpful-opener events, and related analytics.
If lead capture is enabled, website visitors may submit contact details such as name, email address, phone number, and other information configured by you. You are responsible for using that information lawfully.
Do not configure an assistant to collect sensitive personal information unless you have a lawful basis, appropriate notices, appropriate safeguards, and a written agreement with Bombyx that permits that use.
Do not configure an assistant to impersonate a human, mislead visitors, make binding commitments beyond its authority, or hide the involvement of AI where disclosure is required.
8. Lead Capture, Communications, and Outreach
Bombyx may help you capture, qualify, route, summarize, draft responses to, or follow up with leads and customer inquiries.
You are responsible for all communications sent to leads, customers, prospects, visitors, or third parties using or based on Bombyx services.
You are responsible for complying with all laws that apply to your communications, including email marketing, text messaging, telemarketing, robocalling, unsolicited advertising, consent, opt-out, privacy, and anti-spam rules.
Bombyx does not guarantee that a lead is valid, qualified, interested, reachable, or legally contactable.
Unless we expressly agree in writing, Bombyx does not send marketing emails, text messages, direct messages, phone calls, public posts, or other external communications on your behalf without your review, approval, configuration, or connected system action.
If you approve or configure a workflow that sends or posts communications, you are responsible for the timing, content, audience, consent, and legal compliance of those communications.
9. Prepared Actions, Tools, and Integrations
Bombyx may support tools, integrations, workflows, or agents that prepare actions for approval, run approved actions, retrieve information, update systems, create drafts, route records, write summaries, open tasks, connect to third-party systems, or support custom workflows.
Prepared actions are not a substitute for human judgment.
You are responsible for reviewing prepared actions before approval.
If you approve an action, enable an automated action, connect an integration, provide credentials, or configure a workflow, you authorize Bombyx to act according to that configuration.
You are responsible for the consequences of actions you approve or configure, including actions that affect third-party systems, business records, customer communications, website content, code repositories, files, calendars, emails, ecommerce systems, customer relationship management systems, support systems, payment-related records, or other connected tools.
Bombyx may provide stop controls, disable controls, pause controls, freeze controls, and approval controls. You are responsible for using them when appropriate.
Bombyx may refuse, block, pause, reject, throttle, or require additional review for actions we believe are risky, unauthorized, unlawful, unsafe, abusive, or inconsistent with these Terms.
10. WordPress Plugin and Embedded Software
Bombyx may provide a WordPress plugin, JavaScript embed, iframe widget, shortcode, block, downloadable software, local launcher, update feed, or other software component for use with the services.
The Bombyx Website Assistant WordPress plugin requires a Bombyx account and configured website assistant to function.
The plugin and embedded software may connect your site to Bombyx services, verify widget keys, display assistants, send visitor messages, send page context, proxy requests, support dictation or attachments, support analytics, support helpful openers, support page scans, send source refresh events, and provide updates.
You are responsible for installing, configuring, maintaining, updating, securing, backing up, and testing your own WordPress site, website, hosting environment, theme, plugins, cache, firewall, consent tools, and related systems.
Bombyx is not responsible for conflicts with your website, theme, plugins, caching layer, hosting provider, security tools, browser settings, content security policy, ad blockers, consent tools, custom code, or third-party scripts.
The Bombyx Website Assistant WordPress plugin may include open-source components or be distributed under an open-source license. Those open-source license terms apply to the covered code. The Bombyx hosted service, platform, application programming interfaces, accounts, data processing, subscription features, and non-open-source materials are not licensed under the plugin’s open-source license unless expressly stated.
Bombyx may provide updates, patches, improvements, compatibility changes, security updates, or removal of features. You are responsible for applying updates unless you have a written maintenance agreement with Bombyx.
11. Third-Party Services
Bombyx services may use, connect to, or interoperate with third-party services, including AI model providers, hosting providers, database providers, payment processors, email providers, analytics tools, website crawlers, transcription services, WordPress, Shopify, Google, Microsoft, Stripe, OpenAI, Firecrawl, Brevo, customer relationship management systems, ecommerce platforms, communication platforms, and other software or services.
Third-party services are governed by their own terms, privacy policies, data practices, pricing, limits, uptime, and support commitments.
Bombyx is not responsible for third-party services, third-party content, third-party application programming interfaces, third-party outages, third-party rate limits, third-party security incidents, third-party policy changes, third-party data handling, or third-party platform decisions.
You are responsible for complying with all third-party terms that apply to accounts, platforms, websites, tools, integrations, application programming interfaces, data sources, or services you connect to Bombyx.
You authorize Bombyx to access, process, transmit, and use data from connected third-party services as necessary to provide the services you configure or request.
You must not connect a third-party service unless you have authority to do so.
12. Sensitive Data and Regulated Data
Do not submit sensitive personal information, protected health information, payment card information, financial account numbers, government identification numbers, Social Security numbers, driver’s license numbers, biometric identifiers, precise geolocation, children’s data, passwords, secrets, private keys, access tokens, confidential legal records, regulated financial records, regulated medical records, or other highly sensitive information unless all of the following are true:
You have a lawful basis and all required consents.
You have provided all required notices.
You have appropriate internal safeguards.
The use is permitted by these Terms.
The use is covered by a written agreement with Bombyx that expressly permits that category of data.
Bombyx is not a HIPAA business associate, financial institution, credit reporting agency, insurance provider, law firm, accounting firm, medical provider, or other regulated professional service provider unless we expressly agree in a signed written agreement.
No data processing addendum, business associate agreement, or other regulated-data agreement applies unless signed by Bombyx.
Do not use Bombyx to make automated decisions that have legal, financial, employment, housing, healthcare, credit, education, insurance, benefits, safety, or similarly significant effects without qualified human review and any legally required process.
13. Acceptable Use
You may not use the services to:
Violate any law, regulation, contract, court order, platform rule, third-party right, or these Terms.
Infringe, misappropriate, or violate intellectual property, privacy, publicity, contractual, confidentiality, or other rights.
Upload, process, or transmit content you do not have the right to use.
Collect, infer, expose, or misuse personal information without a lawful basis.
Collect or process sensitive personal information unless expressly permitted.
Generate, send, facilitate, or optimize spam, phishing, fraud, scams, impersonation, deceptive communications, fake reviews, fake engagement, credential theft, or misleading outreach.
Impersonate a person or organization, misrepresent AI-generated content as human-generated where disclosure is required, or mislead people about who they are communicating with.
Use Bombyx for harassment, threats, abuse, hate, exploitation, sexual content involving minors, self-harm encouragement, weapons development, illegal drug activity, terrorist or extremist activity, or other harmful conduct.
Use Bombyx to provide regulated advice without required professional oversight, licensing, review, and disclaimers.
Use Bombyx for high-risk activities where failure could lead to death, personal injury, environmental damage, emergency response failure, infrastructure failure, or other severe harm.
Use Bombyx to make decisions about employment, housing, credit, lending, insurance, healthcare, education, benefits, law enforcement, migration, eligibility, or access to essential services without appropriate human review and legal compliance.
Probe, scan, attack, disrupt, overload, reverse engineer, scrape, crawl, bypass, exploit, or interfere with Bombyx systems or security controls.
Attempt to access another customer’s account, organization, widget, data, source material, conversations, leads, memory, files, integrations, or billing information.
Use Bombyx to develop, train, benchmark, or improve a competing product or service in a way that violates these Terms.
Remove, hide, or alter Bombyx branding, attribution, notices, disclosures, or source references unless your plan or written agreement permits it.
Use Bombyx in a way that creates excessive load, abuse, security risk, legal risk, reputational risk, or operational harm.
We may investigate suspected violations and may suspend, limit, block, remove, or terminate access where appropriate.
14. Subscriptions, Trials, Fees, and Billing
Some services are free, trial, included, manual, custom, or paid. Paid services may include subscriptions, one-time charges, setup fees, audits, workshops, integrations, hosting, custom development, maintenance, support, or usage-based charges.
Subscription plans may include usage limits, conversation limits, team member limits, feature limits, branding requirements, support limits, or other restrictions.
Unless otherwise stated, a website assistant conversation starts when a real website visitor sends a message to your assistant. A conversation may include several back-and-forth messages and ends when the visitor takes a next step, the assistant hands off to your team, or the chat goes quiet for the configured period.
Team testing, internal testing, backend activity, source ingestion, and other non-visitor activity may be treated differently from billable website visitor conversations.
A trial may be limited by time, usage, features, plan, or approval status. Trial services are provided as-is and may be modified, limited, or ended at any time unless a written agreement says otherwise.
By providing payment information, choosing a paid plan, approving checkout, signing an order form, accepting an invoice, or authorizing a service, you authorize Bombyx or its payment processor to charge applicable fees, taxes, and other amounts.
Subscriptions may renew automatically unless canceled before renewal.
Fees are due as stated at checkout, in the app, in the applicable order form, proposal, invoice, or statement of work.
Fees are non-refundable and payment obligations are non-cancelable except as required by law or expressly stated in a written agreement.
You are responsible for taxes, duties, levies, bank fees, currency fees, card fees, and similar charges, except taxes based on Bombyx’s income.
If payment fails, is disputed, is reversed, or becomes overdue, we may suspend, limit, downgrade, pause, or terminate services.
You remain responsible for fees incurred before suspension, downgrade, cancellation, expiration, or termination.
15. Professional Services, Workshops, and Custom Work
Bombyx may provide consulting, workshops, audits, custom development, implementation, setup, training, support, hosting assistance, ecommerce work, Shopify work, AI workflow work, assistant configuration, website work, WordPress work, reporting work, or other professional services.
Professional services may be governed by a proposal, order form, statement of work, invoice, email approval, or written project agreement.
You are responsible for providing timely access, materials, feedback, approvals, decisions, credentials, test cases, examples, subject matter expertise, and stakeholder availability.
Delays in your inputs, access, approvals, data, third-party services, or decisions may delay delivery.
Unless expressly stated in a signed agreement, Bombyx does not guarantee revenue increases, cost savings, conversion lifts, search rankings, AI visibility, lead volume, traffic, uptime, response quality, regulatory outcomes, business outcomes, or customer behavior.
Unless a written agreement says otherwise, custom work may include Bombyx pre-existing code, templates, prompts, methods, frameworks, libraries, workflows, components, patterns, tools, and know-how.
Unless a written agreement says otherwise, you receive a limited right to use deliverables for your internal business purposes after all applicable fees are paid.
16. Intellectual Property
Bombyx and its licensors own all rights, title, and interest in the services, platform, software, code, designs, interfaces, systems, workflows, templates, methods, prompts, evaluation methods, documentation, know-how, models, retrieval systems, analytics systems, source review systems, memory systems, tools, integrations, branding, trademarks, logos, and related technology, except for Customer Content and third-party materials.
These Terms do not transfer ownership of Bombyx technology to you.
You may use the services only as permitted by these Terms, the applicable plan, and any written agreement.
You may not copy, modify, distribute, sell, lease, sublicense, reverse engineer, decompile, disassemble, extract, scrape, or create derivative works from the services except as expressly permitted by law or by an applicable open-source license.
You may not use Bombyx names, logos, trademarks, screenshots, or branding without our prior written permission except as allowed by our published brand guidelines or a written agreement.
If you provide feedback, suggestions, ideas, bug reports, feature requests, comments, or other input about Bombyx products or services, you grant Bombyx a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation. Feedback does not include your confidential Customer Content.
17. Confidentiality
“Confidential Information” means non-public information disclosed by one party to the other that a reasonable person would understand to be confidential, including business information, technical information, source material, customer lists, pricing, product plans, credentials, security information, workflows, financial information, and non-public project materials.
The receiving party may use Confidential Information only to perform or receive services under these Terms or an applicable written agreement.
The receiving party must use reasonable care to protect Confidential Information and must not disclose it except to personnel, contractors, advisors, service providers, or subprocessors who need to know it and are bound by confidentiality obligations.
Confidential Information does not include information that is public through no fault of the receiving party, already known without restriction, independently developed without use of Confidential Information, or rightfully received from a third party without confidentiality obligations.
A party may disclose Confidential Information if required by law, subpoena, court order, or government request, but must provide notice where legally permitted.
18. Privacy, Security, and Data Processing
Our Privacy Policy explains how we collect, use, disclose, and protect personal information. The Privacy Policy is incorporated into these Terms.
Where applicable, the parties may enter into a data processing addendum. If a data processing addendum applies, it controls over these Terms for the processing of personal data covered by that addendum.
Bombyx uses reasonable administrative, technical, and organizational safeguards designed to protect Customer Content.
No system is perfectly secure. Bombyx does not guarantee that unauthorized third parties will never access, use, disclose, alter, or destroy Customer Content.
You are responsible for using strong passwords, limiting access, reviewing team permissions, securing your devices, securing your website, securing your WordPress installation, securing third-party accounts, protecting credentials, and maintaining backups of systems you control.
Bombyx may use logs, metadata, analytics, error reports, security events, usage information, performance data, and derived operational information to provide, maintain, secure, troubleshoot, improve, and bill for the services.
Unless a written agreement says otherwise, Bombyx may use de-identified, aggregated, or anonymized information that does not identify you, your organization, or any individual to operate, analyze, improve, and develop services.
Bombyx does not sell Customer Content.
Bombyx does not intentionally make one customer’s private Customer Content available to another customer.
19. Data Retention, Deletion, and Export
Bombyx may retain Customer Content, account information, messages, source materials, leads, transcripts, attachments, audio, analytics, memory records, logs, backups, billing records, audit records, and related information for as long as needed to provide the services, comply with legal obligations, resolve disputes, enforce agreements, maintain security, support billing, and operate backups.
You may request deletion or export of certain Customer Content by contacting Bombyx or using available product controls.
Deletion from active systems may not immediately delete copies from backups, logs, audit records, billing records, legal records, or systems where retention is required or permitted by law.
If your account is terminated, you are responsible for exporting any Customer Content you need before termination or deletion.
20. Publicity and Case Studies
Bombyx may identify you as a customer only with your consent, in a signed agreement, in an approved case study, in approved marketing materials, or where you have made the relationship public.
Bombyx may describe work performed in a de-identified or aggregated way that does not disclose your Confidential Information.
You may revoke permission for future use of your name or logo by written notice, but existing printed materials, archived materials, already-published case studies, and materials prepared before revocation may continue to exist unless otherwise agreed.
21. Beta, Preview, Experimental, and Prototype Features
Bombyx may offer beta, preview, experimental, pilot, prototype, internal test, limited-release, or early-access features.
These features may be incomplete, unstable, unavailable, inaccurate, unsupported, discontinued, or changed without notice.
Do not rely on beta or prototype features for production, legal, financial, safety, regulated, mission-critical, or customer-facing use unless Bombyx expressly approves that use in writing.
Beta and prototype features are provided as-is, without warranties, indemnities, service commitments, or support commitments unless expressly stated in writing.
22. Availability, Support, and Changes
Bombyx may modify, update, improve, limit, suspend, discontinue, rename, replace, or remove services, features, plans, integrations, software, plugins, application programming interfaces, models, workflows, or documentation.
Bombyx may perform maintenance, security updates, migrations, emergency fixes, or service changes.
Services may be unavailable, delayed, degraded, or interrupted due to maintenance, outages, bugs, security events, third-party services, internet failures, hosting failures, payment issues, abuse prevention, rate limits, or events outside our control.
Support is provided as described in the applicable plan, written agreement, or support arrangement.
Unless a separate written service level agreement applies, Bombyx does not guarantee uptime, support response time, resolution time, or uninterrupted service.
23. Suspension and Termination
You may stop using the services at any time.
You may cancel a subscription through the billing portal or by contacting Bombyx, subject to any applicable subscription term, order form, statement of work, or cancellation policy.
Bombyx may suspend, limit, or terminate access if:
You breach these Terms.
You fail to pay fees.
Your use creates security, legal, operational, reputational, platform, or third-party risk.
Your use violates applicable law, third-party terms, or acceptable use rules.
Your account appears compromised.
You misuse AI, automations, integrations, assistants, website crawls, lead tools, or communications.
We are required to do so by law, court order, government request, payment processor, platform provider, or third-party service provider.
A third-party service needed to provide the service becomes unavailable or changes materially.
Upon termination, your right to use the services ends. You must stop using Bombyx software, widgets, embeds, application programming interfaces, plugins, and credentials except as permitted by an applicable open-source license or written agreement.
Termination does not relieve you of fees owed before termination.
Sections intended to survive termination will survive, including confidentiality, payment obligations, intellectual property, disclaimers, limitation of liability, indemnification, dispute resolution, and general provisions.
24. Copyright and Intellectual Property Complaints
If you believe content processed or displayed through the services infringes your copyright or other intellectual property rights, send a notice to:
Bombyx Labs
584 Pinto Ct
Incline Village, NV 89451
Email: [email protected]
Your notice should include:
Your name and contact information.
Identification of the copyrighted work or other right claimed to be infringed.
Identification of the material claimed to be infringing and where it appears.
A statement that you have a good-faith belief the use is not authorized.
A statement that the information in the notice is accurate.
A statement, under penalty of perjury where applicable, that you are authorized to act on behalf of the rights owner.
Your physical or electronic signature.
We may remove or disable access to allegedly infringing material and may terminate repeat infringers where appropriate.
25. Disclaimers
The services are provided “as is” and “as available.”
To the fullest extent permitted by law, Bombyx disclaims all warranties, express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, and course of dealing.
Bombyx does not warrant that the services will be uninterrupted, error-free, secure, accurate, complete, compliant with your requirements, free from harmful components, or compatible with your systems.
Bombyx does not warrant that AI Output will be accurate, complete, current, safe, lawful, non-infringing, unique, or suitable for your use.
Bombyx does not warrant that integrations, third-party services, website crawls, page scans, source ingestion, dictation, attachments, analytics, reports, automations, workflows, or actions will work without error.
You use the services at your own risk.
26. Limitation of Liability
To the fullest extent permitted by law, Bombyx Labs and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, suppliers, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, enhanced, or punitive damages, including lost profits, lost revenue, lost business, lost goodwill, lost data, business interruption, cost of substitute services, or loss arising from AI Output, third-party services, integrations, communications, automations, website visitors, leads, or customer decisions.
To the fullest extent permitted by law, Bombyx’s total liability for all claims arising out of or relating to the services or these Terms will not exceed the greater of:
The amounts you paid to Bombyx for the affected service during the twelve months before the event giving rise to liability; or
$1,000.
The limitations above apply regardless of the legal theory, including contract, tort, negligence, strict liability, statute, warranty, or otherwise, even if a limited remedy fails of its essential purpose.
Some jurisdictions do not allow certain limitations. In those jurisdictions, liability is limited to the maximum extent permitted by law.
27. Indemnification
You will defend, indemnify, and hold harmless Bombyx Labs and its owners, officers, directors, employees, contractors, affiliates, agents, licensors, suppliers, and service providers from and against any claims, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:
Your use of the services.
Your Customer Content.
Your website, app, store, WordPress site, Shopify store, customer systems, or third-party properties.
Your communications with leads, customers, visitors, employees, or third parties.
Your approval, configuration, or use of automations, workflows, actions, integrations, or Output.
Your breach of these Terms.
Your violation of law or third-party rights.
Your violation of third-party service terms.
Your failure to provide required notices or obtain required consents.
Your collection, use, or processing of personal information or sensitive information.
Your products, services, business, promises, pricing, policies, or customer relationships.
Bombyx may control the defense and settlement of any claim subject to indemnification, and you must cooperate with the defense.
28. Governing Law, Arbitration, and Disputes
These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law rules.
Before filing a claim, each party will try to resolve the dispute informally by sending written notice describing the issue and proposed resolution. The parties will allow at least 30 days for informal resolution unless urgent equitable relief is needed.
Except for claims that may be brought in small claims court and claims for injunctive or equitable relief, any dispute arising out of or relating to these Terms or the services will be resolved by binding arbitration administered by the American Arbitration Association under its applicable rules.
The arbitration will take place in Washoe County, Nevada, in English, before one arbitrator.
Each party will bear its own attorneys’ fees unless the arbitrator determines otherwise or applicable law requires otherwise.
To the fullest extent permitted by law, disputes must be brought only on an individual basis and not as a plaintiff, class member, or representative in any class, collective, consolidated, private attorney general, or representative action.
If any part of this arbitration or class-action waiver section is found unenforceable, the unenforceable part will be severed, and the remaining parts will remain in effect. If the class-action waiver is found unenforceable for a particular claim, that claim must be brought in a court of competent jurisdiction and not in arbitration.
For claims not subject to arbitration, any lawsuit or court proceeding arising out of or relating to these Terms or the services must be brought in the state or federal courts located in Washoe County, Nevada, and each party consents to personal jurisdiction and venue there.
29. Export Controls and Sanctions
You may not use, export, re-export, import, sell, release, or transfer the services except as authorized by United States law and the laws of the jurisdiction where the services are accessed.
You may not use the services if you are located in, ordinarily resident in, organized under the laws of, or acting on behalf of a country, region, person, or entity subject to applicable sanctions or trade restrictions.
You represent that you are not prohibited from using the services under applicable export control, sanctions, or trade laws.
30. Government Use
If the services are used by or on behalf of a government entity, the services are commercial computer software and commercial services. Government users receive only the rights expressly granted in these Terms and any applicable written agreement.
31. Changes to These Terms
Bombyx may update these Terms from time to time.
If we make material changes, we will provide notice by posting the updated Terms, updating the effective date, sending email, showing in-product notice, or another reasonable method.
Your continued use of the services after updated Terms become effective means you accept the updated Terms.
If you do not agree to updated Terms, you must stop using the services.
32. General Terms
These Terms, together with any applicable order form, statement of work, proposal, invoice, data processing addendum, privacy policy, acceptable use policy, or product-specific terms, are the entire agreement between you and Bombyx regarding the services.
If any provision is unenforceable, the remaining provisions remain in effect.
Bombyx’s failure to enforce a provision is not a waiver.
You may not assign these Terms without Bombyx’s prior written consent. Bombyx may assign these Terms in connection with a merger, acquisition, reorganization, sale of assets, change of control, or by operation of law.
There are no third-party beneficiaries unless expressly stated.
The parties are independent contractors. These Terms do not create a partnership, joint venture, employment, agency, fiduciary, franchise, or exclusive relationship.
Notices to Bombyx must be sent to the contact information below unless a written agreement provides another notice address.
33. Contact
Bombyx Labs
584 Pinto Ct
Incline Village, NV 89451
United States
Email: [email protected]
Website: https://bombyxlabs.com
For privacy requests, contact: [email protected]
For security issues, contact: [email protected]
For copyright complaints, contact: [email protected]