Terms & Conditions

Last updated - 04.11.2024

1. Introduction:

We are  Booxar Inc. (“booxar”, “Booxar”, “we”, “us”, “our”). Booxar’s mission is to create immersive reading experiences for its users. This Terms of Service (these “Terms”) governs your use of our websites located at booxar.com (the “Site”), and the booxar mobile application (the “App”), and our marketplace services accessible via the Site and App, (collectively “the Services”).  By using the Services, you agree to be bound by these Terms. If you don’t agree with these Terms, you cannot use the Services.

You can contact us anytime with questions about this policy at booxarbusiness@gmail.com

2. Changes To These Terms:

We may update the Terms from time to time at our sole discretion. If we do, we’ll let you know by posting the updated Terms on the Site, to the App, and/or may also send other communications. It is important that you review the Terms whenever we update them or you use the Services. If you continue to use the Services after we have posted updated Terms it means that you accept and agree to the changes. If you don’t agree to be bound by the changes, you may not use the Services anymore. Because our Services are evolving over time, we may change or discontinue all or any part of the Services, at any time and without notice, at our sole discretion.

3. Privacy:

We take protecting your security and privacy seriously and we've put a number of measures in place to protect the integrity of your information. For more information, see our Privacy Policy. 
Currently the scope of this policy is restricted to United States of America only. We will update these Terms and Privacy Policy as we include any further regions. 

4. Use of the services:

You are required to have an account in order to access and use our Services. We use Google Single Sign-On.  You agree to provide and maintain true, accurate and current information about yourself. Your account data is governed by our privacy policy. If you are under 18 years old, you are not permitted to use the Services.
 
You are responsible for keeping your Google account and password confidential. We do not store any passwords. Furthermore, you are responsible for any and all activities that occur under your account. You agree to (a) immediately notify Booxar of any suspected unauthorized use of your account or any other breach of security, and (b) ensure that you sign out of your account at the end of each session when accessing the Services. Booxar will not be liable for any loss or damage arising from your failure to comply with this section.
 
Booxar reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Booxar will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
 
You agree that Booxar has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the Services. You acknowledge that Booxar reserves the right to terminate accounts that are inactive for a period of six months or longer.


5. Content Submissions to the Booxar platform:

Users of booxar will be sharing below types of content on booxar platform;

Original Content from Authors/Publishers - this will be a book that is uploaded in formats such as but not limited to pdf, ePub. The book has to be from the original author of the book or publisher of the book.  If you notice that booxar has books, that are not approved by author and or publisher of the book to be on the platform, please contact us immediately at booxarbusiness@gmail.com. We will immediately remove such original content from the platform. 

Derived Content from Users - Users on the booxar platform upload  their derivatives of the original content. Such content, that is created by any user  and that is based on the original content created by authors or publishers as explained above, is termed as derived content or derivative content or creative interpretations. On every original content there will be multiple derived content possible and acceptable 
The derived content appears in audio, video formats. 

- Content Responsibility: You acknowledge that you are solely responsible for the content you submit to our platform. This includes, but is not limited to, text, images, videos, and any other material.
- Third-Party Content: Our platform may contain content submitted by third parties. We do not endorse, verify, or validate the accuracy, completeness, or legality of such content. We do not assume any responsibility for any errors, omissions, or inaccuracies in third-party content.
- Copyright and Legal Compliance: You affirm that you have the necessary rights, permissions, and licenses to submit the content to our platform. You agree not to submit any content that infringes upon the intellectual property rights, copyrights, trademarks, or any other legal rights of any third party.
- Indemnification: You agree to indemnify and hold harmless our company, its affiliates, partners, and employees from any claims, damages, liabilities, or expenses arising out of or related to the content you submit to our platform. This includes, but is not limited to, claims of copyright infringement, defamation, or violation of any other rights.
- No Liability: Our company shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages arising out of or in connection with the content submitted to our platform. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
- Content Moderation: While we may implement measures to moderate and manage the content submitted to our platform, we are under no obligation to monitor, review, or remove any content. We reserve the right to remove or refuse to publish any content at our sole discretion, without prior notice or explanation.


6.  Guidelines & User’s  Responsibilities for AI Interactions:

Nature of AI Models
Users are advised that the AI Models are based on and trained by real individuals, but are not themselves human beings. Generations produced by the Models must not be regarded or relied upon as professional advice or guidance.
 
Limitations in knowledge and “hallucinations”
Please be aware that our services are built on OpenAI’s ChatGPT, Llama 2, Stable Diffusion and similar Large Language Models (LLMs), and are intended for informational and entertainment purposes only. LLMs  have limitations in their “knowledge” or training data. Additionally, LLMs have been known to “hallucinate” information, meaning they may produce false or misleading statements.

User responsibility and risks
Users are responsible for their interactions with the Models and use of the Services, and do so at their own risk. We advise users to exercise discretion and consult with qualified professionals for any serious matters requiring expert advice or judgment.
 
Privacy and data handling
Users should be aware that their conversations with a Creator’s AI Model may be accessible to that Creator or designated moderators for the purposes of analysis, improvement, or to provide an informed human follow-up to the conversation. Conversations may be seen in their entirety or in a summarized version. As such, users are strongly advised not to disclose sensitive or confidential information when interacting with the Models.

Disclaimer of liability
Booxar and the Creators of the Models accept no liability for any losses or damages arising from interactions with the Models or use of the Services. This includes, but is not limited to, direct, indirect, incidental, consequential, or special damages.
 
Obligation of Creators to provide disclaimers
Creators who use our AI Models are obliged to clearly and conspicuously provide a disclaimer near or within the AI model’s user interface. This disclaimer should explicitly state that the information and guidance provided by the Model may have limitations and should not be relied upon for professional or serious matters.
By engaging with our Services, you acknowledge that you have read, understood, and agree to be bound by the terms and limitations set forth in this section.


7. Consent to Receive Communications:

By signing up for the Services, you agree to receive communications from booxar via email and/or via push notifications. Booxar does not collect phone numbers from or send SMS messages. The communications can be related to topics such as site or app updates, marketing and advertising and any others account settings related communication. 
You can also opt-out of marketing communications from us at any time. If you opt-out of marketing communications, you may still receive communications that are necessary for the Services or otherwise exempt from anti-spam laws. By opting out of communications from booxar, you acknowledge that this may impact your use of the Services.


8. Your Intellectual Property:

Our Services allow you to upload and post content such as audio, video.  Anything that you post or otherwise make available through the Services is referred to as “User Content”. 
We do not claim any ownership rights to any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to your User Content. However, in order to provide our Services, we require certain limited rights to User Content. For example, when you upload your User Content, we must be able to store it and serve it back to you. Therefore, you grant booxar a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, publish, transmit, display, copy, process, adapt, modify, publicly perform, and distribute your User Content in connection with operating and providing the Services, but only how you specify and only within the context of the Services.
You are solely responsible for all your User Content. You represent and warrant that you have (and will have) all rights that are necessary to grant us the license rights in your User Content under these Terms. You represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Services, nor any use of your User Content by us on or through the Services will infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

9. Booxar’s Intellectual Property:

All content on the Services that is not User Content, including but not limited to logos, trademarks, copyrights, domain names, or other distinctive brand features (collectively, “Booxar Content’) is protected by copyright, trademark, and other intellectual property laws and is the exclusive property of booxar and its licensors. We and our licensors grant you a limited, non-exclusive, non-transferable license to view, copy, and display Booxar Content solely in connection with your permitted use of the Services. Any rights not expressly granted here are reserved. Unauthorized use of Booxar Content is prohibited. You agree not to remove, alter or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Services. 

10. Prohibited Activities:

You agree not to do any of the following:

Post, upload, publish, submit or transmit any User Content that:

- infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy
- violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability
- is fraudulent, false, misleading, or deceptive
- is defamatory, obscene, pornographic, vulgar, or offensive
- promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group 
- is violent or threatening or promotes violence or actions that are threatening to any person or entity
- promotes illegal or harmful activities or substances

Attempt to access or search the Services or download content from the Services using any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, data mining tools, or the like) other than the software and/or search agents provided by booxar or other generally available third-party web browsers 

Upload any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters, or other forms of solicitation

Use any meta tags or other hidden text or metadata utilizing a booxar trademark, logo URL, or product name without booxar’s express written consent

Use the Services, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms 

Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information

Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services

Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services 

Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
Impersonate or misrepresent your affiliation with any person or entity;  

Violate any applicable law or regulation; or

Encourage or enable any other individual to do any of the foregoing.

We may take measures to monitor, log, and block content that violates our policies. We are not obligated to monitor access to or use of the Services or to review or edit any content. However, we have the right to do so for the purpose of operating the Services, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right but are not obligated, to remove or disable access to any content, including User Content, at any time and without notice, including, but not limited to, if we, at our sole discretion, consider it objectionable or in violation of these Terms. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law. To report violations of these policies, contact booxarbusiness@gmail.com

Booxar does not guarantee the identity of any users you may interact with in the course of using the Services. In addition, booxar does not guarantee the authenticity of any information users provide about themselves. 


11. Account Suspension and Termination:

Booxar reserves the right to suspend or terminate accounts associated with users who engage in any of the prohibited activities described above or in any manner that otherwise violates these Terms or other policies. In addition, Booxar reserves the right to terminate any account at any time for any reason without notice to you. 
If you request that your account or any content submitted to booxar be deleted, booxar may still retain information as needed to provide customer support and prevent accidental deletion, or as required or permitted by law. 

12. Abandoned Accounts:

Booxar reserves the right to permanently delete accounts that have not been accessed by the account holder for a period of more than one year. Booxar will permanently delete an account that has not been accessed by the account holder for more than seven years, except where required to retain the information longer for legal or compliance purposes. Prior to permanently deleting an abandoned account, Booxar will attempt to notify the account holder by email.

13. Warranty Disclaimers:

Your use of the services is at your sole risk. The services and any third-party software, services, or applications made available in connection with the services are provided “as is,” without warranty of any kind. To the maximum extent permitted by applicable law, booxar, and its suppliers and partners, disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. Booxar and its suppliers and partners do not warrant that the services will be uninterrupted or error-free, that defects will be corrected, that the services or the servers that make them available are free of harmful components, or that the services will meet your requirements. You are solely responsible for any damage to your equipment or device, loss of use, or loss of data. We make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content on the services. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

14. Indemnity:

You agree to indemnify and hold harmless Booxar from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys’ fees, arising out of or related to: (a) your use or misuse of booxar; (b) any violation of the rights of any other person or entity by you, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; or (c) your breach of any part of these Terms.  Booxar will attempt to provide you with written notice of any such matter; however, any failure or delay by booxar to do so does not negate your defense or indemnification obligations or waive booxar’s rights to seek payment or defense or indemnification from you. Booxar reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with Booxar in our defense of these claims. You will not settle any claim that affects Booxar or our affiliates without our prior written approval.

15. Limitation of Liability:

To the maximum extent permitted by law, booxar will not be liable to you for any special, indirect, incidental, punitive, reliance, consequential, or exemplary damages, or any damages for loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, goodwill or other intangible losses, service interruption, computer damage or system failure or the cost of substitute services of any kind arising out of or in connection with these terms or: (a) your access to, use of, or inability to use the services; (b) any conduct or content of any user or third party on the services; (c) unauthorized access, use, or alterations of your transmissions or content; (d) any information posted on the services; or (e) booxar’s decision to publish or remove any information on the services; in each case, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not booxar or our service providers have been informed of the possibility of such damage, and even if a limited remedy set forth herein is found to have failed of its essential purpose. 
To the maximum extent permitted by the law of the applicable jurisdiction, in no event shall booxar’s total liability to you for all damages, losses, or causes of action arising out of or relating to these terms or from the use or inability to use the services exceed: (1) the amounts you paid to access the services during the twelve (12) months immediately preceding the date of your claim, or (2) one u.s. dollars, whichever is greater. 
The limitations of liability set forth in this Section are fundamental elements of the basis of the bargain between you and us and will survive any termination or expiration of these Terms, and will apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose.

16. Contact Information:

If you have any questions or feedback about these Terms of Service, please contact us at booxarbusiness@gmail.com