Terms of Service

1.1 User Interaction

You may engage with the Service by speaking, appearing in front of the kiosk's camera, touching the screen, or otherwise following on-screen prompts. The Service will respond to your queries and may guide you toward certain objectives, such as displaying products or providing information from our partners.

1.2 No Account Required

You are not required to create an account or provide personal information to use the Service under normal circumstances. If, in the future, we require or request personal information for certain features, we will present you with notice and obtain your consent at that time, and such collection will be governed by our then-current Privacy Policy.

1.3 User Conduct

You agree not to:

• Harass, threaten, or abuse other users, our personnel, or any third party.
• Vandalize, tamper with, damage, destroy, or interfere with the kiosk, its hardware, software, or related equipment.
• Attempt to reverse engineer, disassemble, decompile, or derive source code from any software used in the Service.
• Use the Service in violation of any applicable laws or regulations.

If we determine, at our sole discretion, that you are abusing, misusing, or otherwise violating these Terms or applicable law, we may suspend or terminate your access to the Service immediately, without notice.

2.1 Data Processing by Third Parties

Your voice input, visual presence, and interaction data may be collected and transmitted to trusted third-party providers, such as transcription services, large language model processors, analytics providers, or retailers, for processing and generating responses.

2.2 No Control Over Third-Party Content

We do not control and are not responsible for the actions, omissions, or policies of these third-party providers or any brands, retailers, or other entities whose data or content influences the Service's responses.

2.3 Transmission Agent Only

We act solely as a transmission agent of information. The data and responses provided to you may incorporate or be influenced by external sources. We do not guarantee the accuracy, completeness, reliability, or timeliness of any information provided.

3.1 Ownership

All software, content, branding, trademarks, logos, and other intellectual property incorporated into the Service ("Company IP") are owned by or licensed to the Company.

3.2 Restrictions

You may not reproduce, modify, create derivative works from, display, perform, distribute, sell, or exploit the Company IP without our express written permission. Unauthorized use is strictly prohibited.

4.1 No Warranties

The Service is provided on an "as is" and "as available" basis without warranty of any kind. To the fullest extent permitted by law, we expressly disclaim all warranties, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

4.2 No Guarantee of Accuracy or Availability

We do not warrant that the Service will be uninterrupted, error-free, or always available, nor do we warrant the accuracy or reliability of any information provided.

4.3 Limitation of Liability

To the maximum extent permitted by law, in no event shall the Company, its officers, directors, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or exemplary damages, or any damages whatsoever arising out of or related to your use of or inability to use the Service, regardless of the legal theory, even if we have been advised of the possibility of such damages. In any event, our total liability to you shall not exceed one hundred dollars ($100 USD).

You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, agents, and affiliates from and against any claims, damages, costs, liabilities, and expenses, including reasonable attorneys' fees, arising out of or related to your use of the Service, your violation of these Terms, or your violation of any law or the rights of a third party.

6.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

6.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service that cannot be resolved informally shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in San Francisco, California, and the arbitrator's decision shall be final and binding. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

6.3 Class Action Waiver

You agree that any dispute shall be conducted on an individual basis and not as part of a class, consolidated, or representative action. By using the Service, you waive any right to participate in a class action lawsuit or class-wide arbitration.

6.4 Attorneys' Fees

In any legal action arising out of or related to these Terms, the prevailing party shall be entitled to recover reasonable attorneys' fees and costs.

We reserve the right to modify or update these Terms at any time to reflect changes in our practices, technology, laws, regulations, or industry standards. Any significant changes will be posted with an updated "Last Updated" date. Your continued use of the Service after changes are posted constitutes your acceptance of those changes. We recommend reviewing the Terms periodically, and we may consult with legal counsel to ensure ongoing compliance.

Before you interact with the kiosk, these Terms are made available for your review. By proceeding to use the Service, whether by speaking, touching the screen, or otherwise engaging, you acknowledge that you have had the opportunity to read, understand, and agree to these Terms. If you do not agree, do not interact with the kiosk or use the Service.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

These Terms, together with any policies or legal notices posted on or available through the Service, such as our Privacy Policy, constitute the entire agreement between you and the Company regarding the use of the Service, superseding any prior or contemporaneous communications.

If you have questions or concerns regarding these Terms, please contact our legal team at legal@biscuitai.com.