These Terms of Service ("Terms") are an agreement between Bespoke Studios Inc. ("Bespoke," "we," "us") and you, the individual accessing the Bespoke web application and the website at bespokecast.ai (together, the "Service"). By accessing or using the Service, you accept these Terms. If you do not accept them, do not use the Service.
The Service is a reporting and review tool. It displays data collected through Bespoke's separate mobile application, which has its own terms of service, and through point-of-sale integrations. You use the Service to review that data, not to input business content. The information you provide through the Service is your account credentials and related login and usage activity, as described in Section 7.
A "Subscriber" is a company that has signed a license agreement with Bespoke.
(a) On behalf of a Subscriber. Most users access the Service on behalf of a Subscriber, for example as the Subscriber's employee or contractor. If you access the Service on behalf of a Subscriber, the Subscriber's signed license agreement governs the corporate relationship between Bespoke and the Subscriber. If these Terms conflict with that license agreement, the license agreement prevails.
(b) Standalone users. If you access the Service with no Subscriber agreement behind you, for example as a demo or trial user, these Terms are the entire agreement between you and Bespoke regarding the Service.
You must be at least 16 years old and of legal working age in your jurisdiction to use the Service.
(a) Provisioning. The Subscriber or Bespoke provisions your account. You must keep your credentials confidential, and you are responsible for all activity under your account.
(b) Visibility scope. The Subscriber's program configuration determines what data you can see in the Service. Bespoke makes no promise to you in these Terms about the scope of data you can or will see.
(c) Deactivation. The Subscriber or Bespoke may deactivate your account at any time, including when your employment or engagement with the Subscriber ends.
(a) Ownership. All data visible in the Service, including transcripts, analytics, scores, performance metrics, and point-of-sale data ("Client Data"), belongs to the Subscriber and/or Bespoke, not to you.
(b) No individual rights. You have no rights in Client Data. You have no right to require deletion of Client Data, no right to information about Client Data, and no right to export or port Client Data. Any rights regarding Client Data run between Bespoke and the Subscriber under the Subscriber's license agreement.
(c) Mandatory law. Nothing in this Section 6 limits a right that applicable law grants you and that a contract cannot waive.
Bespoke handles your own account data, meaning your name, email address, login activity, and usage activity, under the Bespoke Privacy Policy at https://bespokecast.ai/privacy. The Privacy Policy applies to that account data only. Neither the Privacy Policy nor these Terms grants you any rights in Client Data.
You must not:
(a) share your credentials or allow anyone else to use your account;
(b) scrape, crawl, or use any automated means to extract data from the Service;
(c) reverse engineer, decompile, or disassemble any part of the Service, except where law prohibits this restriction;
(d) use Client Data for any purpose other than the Subscriber's internal business purposes;
(e) circumvent or attempt to circumvent access controls or visibility restrictions; or
(f) use the Service or Client Data to build a product or service that competes with Bespoke.
You will indemnify Bespoke for losses arising from your breach of this Section 8.
(a) Bespoke's ownership. Bespoke owns the Service, the underlying software, the analytics and scoring methods, and all related intellectual property.
(b) Your license. Bespoke grants you a limited, revocable, non-exclusive, non-transferable right to access and use the Service during the term of your access. Bespoke reserves all other rights.
(c) Feedback. If you give Bespoke feedback about the Service, Bespoke may use it without restriction and without compensation to you.
The Service displays analytics, scores, and outputs generated or assisted by artificial intelligence. These outputs may contain errors. They are decision support only. The Subscriber and you are solely responsible for any decision made in reliance on them, including employment decisions. Bespoke is not liable for any such decision or its consequences.
Bespoke may suspend or terminate your access to the Service for any reason with reasonable notice, and immediately if you breach these Terms. Sections 6, 9, 10, 12, 13, 14, and 15 survive termination.
The Service is provided "AS IS" and "AS AVAILABLE." To the maximum extent permitted by law, Bespoke disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, accuracy, and non-infringement. Bespoke makes no commitment in these Terms about uptime or availability. Any service level commitments, if they exist, appear in the Subscriber's license agreement and run to the Subscriber only.
(a) Cap. To the maximum extent permitted by law, Bespoke's total aggregate liability to you arising out of or relating to these Terms or the Service will not exceed five hundred dollars ($500).
(b) Excluded damages. To the maximum extent permitted by law, Bespoke is not liable to you for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or loss of goodwill, even if Bespoke was advised of the possibility.
(c) Carve-outs. These limits do not apply to liability that applicable law does not allow a contract to limit.
Read this Section 14 carefully. It affects your rights.
(a) Arbitration. You and Bespoke will resolve any dispute arising out of or relating to these Terms or the Service through binding arbitration administered by the American Arbitration Association under its rules. The arbitration will take place in San Francisco, California, or remotely by videoconference. Judgment on the award may be entered in any court of competent jurisdiction.
(b) Class action waiver. You and Bespoke will bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding. The arbitrator must not consolidate claims or preside over any form of class proceeding. Claims for public injunctive relief, to the extent they cannot be waived under applicable law, will proceed in court as provided in Section 14(e).
(c) Small claims. Either party may instead bring an individual claim in small claims court if it qualifies.
(d) Opt-out. You may opt out of this arbitration agreement by sending written notice to support@bespokecast.ai within 30 days after you first accept these Terms. If you opt out, the rest of this Section 14 does not apply to you, and you and Bespoke consent to the exclusive jurisdiction of the state and federal courts located in San Francisco, California.
(e) Severability within this Section. If the class action waiver is found unenforceable as to a particular claim, that claim proceeds in court, and the rest of this Section 14 remains in effect.
California law governs these Terms and any dispute arising out of or relating to them, without regard to conflict of laws principles. The Federal Arbitration Act governs Section 14.
Bespoke may modify these Terms. For material changes, Bespoke will give at least 30 days' notice through the Service, by email, or both. Your continued use of the Service after a change takes effect is acceptance of the change. Bespoke may also present a material change as a new click-through acceptance.
(a) Entire agreement. For standalone users under Section 3(b), these Terms are the entire agreement between you and Bespoke regarding the Service. For users covered by a Subscriber agreement, Section 3(a) governs precedence.
(b) Assignment. You may not assign these Terms. Bespoke may assign them in connection with a merger, acquisition, or sale of assets.
(c) Severability. If any provision of these Terms is unenforceable, the rest remains in effect.
(d) No waiver. Bespoke's decision not to enforce a provision is not a waiver of it.
(e) Notices. Bespoke may give notice through the Service or by email to the address on your account.
(f) Contact. Send questions about these Terms to support@bespokecast.ai.