Terms of Service for beglee and Glee

Effective Date: November 2, 2024

These Terms of Service (“Terms”) govern your access to and use of the beglee platform located at beglee.me (“beglee,” “the Platform,” or “the App”) and the Glee AI chatbot (“Glee”) (together, the “Service”). The Service is owned and operated by Optimistic Works, LLC (“Optimistic Works,” “we,” “us,” or “our”). By using beglee or interacting with Glee, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

1. Acceptance of Terms

By accessing or using the beglee platform or the Glee AI chatbot, you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Service.

2. Eligibility

  • Age Requirement: You must be at least 13 years old to use the Service.
  • Parental Consent: If you are under 18 years of age, you must have the consent of a parent or legal guardian.
  • Compliance: You must comply with all local, state, national, and international laws and regulations applicable to your use of the Service.

3. Account Registration

  • Account Creation: To access the Service, you must register for an account through Clerk.dev.
  • Information Accuracy: You agree to provide accurate, current, and complete information during registration and to keep it updated.
  • Account Security: You are responsible for safeguarding your password and any activities or actions under your account. Notify us immediately of any unauthorized use.

4. User Conduct

  • Prohibited Activities: You agree not to engage in activities including, but not limited to:
    • Illegal or unauthorized actions.
    • Harassment, abuse, or harm to others.
    • Uploading or transmitting viruses or malicious code.
    • Infringing upon any third-party rights.
  • No Medical Advice: Neither beglee nor Glee provides medical, psychological, or professional advice. Consult qualified professionals for any such advice.
  • User Responsibility: You are solely responsible for your interactions with the Service and any consequences thereof.

5. User Content

  • Ownership: You retain ownership of the content you create. However, you grant Optimistic Works (and Glee) a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your content solely to provide the Service.
  • Content Guidelines: You agree not to post content that is illegal, offensive, defamatory, obscene, or infringes on others' rights.
  • Monitoring: Optimistic Works reserves the right, but not the obligation, to monitor and remove content that violates these Terms or is otherwise objectionable.

6. Privacy

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and disclose your personal information.

7. Payments and Subscriptions

  • Payment Processing: All payments are processed securely through Stripe. We do not store your payment information.
  • Fees: You agree to pay all fees associated with your use of the Service.
  • Refunds: All sales are final unless otherwise specified in a separate refund policy.

8. Intellectual Property Rights

  • Service Content: All content provided through beglee or Glee, including text, graphics, logos, and software, is the property of Optimistic Works (or its licensors) and is protected by intellectual property laws.
  • License to Use: We grant you a limited, non-transferable, non-exclusive license to access and use the Service for personal, non-commercial purposes.
  • Restrictions: You may not modify, distribute, reproduce, publish, license, create derivative works from, or sell any information or software obtained from the Service without our prior written consent.

9. Third-Party Services

  • Integration: The Service integrates with third-party services such as the ChatGPT API, Clerk.dev, and Stripe.
  • No Endorsement: Optimistic Works does not endorse and is not responsible for any content, products, or services available from third-party services.
  • Third-Party Terms: Your use of third-party services is subject to their respective terms and policies. You agree to comply with those terms.

10. Disclaimers

  • As-Is Basis: The Service is provided on an "as is" and "as available" basis without warranties of any kind.
  • No Warranty: We expressly disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
  • No Guarantee: We do not guarantee the accuracy, completeness, or usefulness of any content on the Service.

11. Limitation of Liability

  • No Liability: In no event shall Optimistic Works, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses.
  • Maximum Liability: Our total liability to you for any claims arising out of or relating to these Terms or your use of the Service shall not exceed the amount you have paid to Optimistic Works (for use of beglee or Glee) in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Optimistic Works, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

  • Your use of and access to the Service.
  • Your violation of any term of these Terms.
  • Your violation of any third-party right, including intellectual property or privacy rights.

13. Termination

  • Termination Rights: We reserve the right to suspend or terminate your account and access to the Service at our sole discretion, without notice, for any reason, including violation of these Terms.
  • Effect of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which by their nature should survive termination shall survive.

14. Governing Law

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

15. Dispute Resolution

  • Arbitration: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules.
  • Location: The arbitration shall take place in Los Angeles, California.
  • Costs: Each party shall bear its own costs, and the arbitrator’s fees shall be split equally.
  • Final and Binding: The arbitration award shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
  • Exceptions: Notwithstanding the foregoing, Optimistic Works reserves the right to seek injunctive or other equitable relief in state or federal court located in California to protect its intellectual property rights.

16. Changes to Terms

  • Modification Rights: We reserve the right to modify or replace these Terms at any time at our sole discretion.
  • Notification: We will notify you of any significant changes by posting the new Terms on the Service and updating the “Effective Date” at the top. We may also send an email or provide notice through the Service.
  • Acceptance of Changes: By continuing to access or use the Service after any revisions become effective, you agree to be bound by the updated Terms.

17. Additional Provisions

17.1. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

17.2. Entire Agreement

These Terms, along with our Privacy Policy and any other legal notices published by Optimistic Works (for beglee and Glee), constitute the entire agreement between you and Optimistic Works concerning the Service.

17.3. Force Majeure

Optimistic Works shall not be liable for any failure to perform its obligations hereunder due to unforeseen circumstances or causes beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, or strikes.

17.4. User Feedback

Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary, and we will be free to use such feedback, comments, or suggestions without any obligation to you.

17.5. International Users

The Service is controlled and operated from the United States. We make no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so at their own risk and are responsible for compliance with local laws.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@optimisticworks.com