Terms of Service

These terms of service, together with any other agreements or terms incorporated by reference, including the Privacy Policy available at https://www.yourbookishere.com/policies/privacy (the "Terms") govern your use of the Services. These Terms constitute a binding and enforceable legal contract between Company and You. By accepting these Terms electronically by clicking a box indicating your acceptance, or by using the Services, you agree to these Terms. If you are entering into these Terms on behalf of a company or another legal entity, you represent that you have the authority to bind such entity and its affiliates to these Terms, in which case the term "You" will refer to such entity and its affiliates. If the legal entity that you represent does not agree with these Terms, you must not accept these Terms or use the Services.

Definitions

Content

"Content" means any files, data, material and information submitted, uploaded and stored by You through the Service.

Platform

"The Platform" means Company's online solution for purchasing funny personalized AI-written printed books as gag gifts for friends, family and loved ones.

Services

"The Services" means any applications, products, services (including any Additional Services, to the extent applicable), documentation, and software made available through the Platform.

Third Party Services

"Third Party Services" means any service, products, software or application that is provided by a third party and interoperates with a Service. Such Third Party Services may be offered via a dedicated website.

User Data

"User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to:

• Your contact and payment information, including email addresses and credit card or other payment remittance information; To the extent applicable, you are responsible for ensuring that payment information that is exchanged between You and your clients is not transmitted over the Platform.
• Statistical data, device generated reports and audit logs,
• settings, preferences chosen, and resource usage,
• free text submitted by You, and screen recording sessions.

We, Us, Company, Our

"We", "Us", "Company" or "Our" means Planbuddy Ltd, doing business as YourBookIsHere.com

You, Customer

"You" or "Customer" means individual, company or other legal entity and its affiliates for which you are accepting these Terms.

The Services

Updates

We may update the Services from time to time, including adding or removing functions.

Use of Data

Company may collect User Data, and You hereby grants Company permission to collect User Data available on the Platform and to use such User Data to improve the Platform performance and functionality and improve services and support to Company customers and for other business purposes including monitoring, statistical data gathering, diagnostics, comparative analyses, press and supplies utilization, complementary solutions usage, security and software integrity assurance, remote control and support and click performance tracking and billing. Company may further use User Data (i) to respond to duly authorized information requests of police, law enforcement, or other governmental authorities; (ii) to comply with any applicable law, regulation, subpoena, discovery request or court order; (iii) to investigate and help prevent security threats, fraud, or other illegal, malicious, or inappropriate activity; (iv) to enforce/protect the rights and properties of Company or its affiliates or subsidiaries; or (v) with the prior informed consent of the data subject about whom the personally identifiable information pertains.

Some features of the Platform may utilize artificial intelligence (the "AI Features"). You agree that Company uses a third-party to enable the AI Features. Company does not permit third-party providers to use User Data submitted to the AI Features ("Input") to train or improve their foundation or large language models. You are solely responsible for the legality, accuracy and quality of the Input, such as for ensuring that your collection, processing, storage and transmission of the Input is compliant with all applicable laws, as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with your clients. You represent and warrant that You have obtained, and covenant to maintain all required consents and licenses, and will maintain all ongoing legal bases under relevant privacy laws (if applicable), necessary to provide and make available the Input through the AI Features. You acknowledge and agree that You are solely responsible for your use of any output generated by the AI Features ("Output"), including evaluating the accuracy of such Output. In connection with the Output, You acknowledge that: (i) You are not required by law or otherwise to provide any specific Input and that any User Data and/or Content is provided on a voluntary basis, and (ii) that the Company is not responsible for the accuracy, usefulness, safety, or intellectual property rights of, or relating to, such Output. In addition, You acknowledge that the Output is subject to, depends on, and is a function of the User Data and/or Content and Input provided. You acknowledge that any Output may not be unique. You consent to Company’s use, processing, and storage of Input and Output to further develop, enhance, and improve the Services and the AI Features. You agree to provide accurate and complete data for use with the AI Features and not to use the AI Features for any illegal, unethical, or unauthorized purposes. You shall comply with any guidelines or ethical standards provided by the Company for the use of AI Features.

Your Content

License to Content

You grant us a worldwide, non-exclusive license to host, copy and use your Content as required in order to provide You with the Services. Subject to this limited license we do not acquire any right in your Content and You or your licensors retain all rights and ownership to your Content. You warrant that You have full rights to provide to us any Content that You provide through the Services. We have policies in place to limit the access of our employees to Content. Where policies permit access to the Content, it is only for the purpose of supporting You in your use of the Services.

Responsibility for Content

The Services are not intended to be used as storage, backup or archiving services. It is your responsibility to back up your Content and you are responsible for any lost or unrecoverable Content. You acknowledge and agree that the Company shall not be responsible or liable for any Content, including but not limited to its accuracy, completeness, reliability, legality, or infringement on any third-party rights. You are solely responsible for any Content that you upload, store, or submit through the Services. The Company shall not be, in any case, responsible or liable for any Content that includes harassment, slander, defamation, illegal content, or any content that violates applicable laws or regulations.

Publicly Available Content

Certain services provided by us may allow members of our community to share content related to our product offering. All Content added, created, uploaded, submitted, distributed, or posted publicly to the Services by you (collectively "User Content"), is your sole responsibility. You represent that all User Content provided by you is in compliance with all applicable laws, rules and regulations and does not infringe, misappropriate or otherwise violate the rights of any third parties, including any intellectual property rights or publicity rights.

By submitting User Content through the Services, you hereby assign all rights in and to such User Content to us, including the right to use, display, perform, and otherwise fully exploit the User Content in connection with the Services. You hereby explicitly agree that (a) the other users of the Services shall have the right to comment on your User Content and/or to use, publish, display, modify or include a copy of your User Content as part of their own use of the Services, and (b) we have the right to use any of your User Content in connection with our Services, including improving and enhancing our other Service offerings.

You shall not (and shall not permit any third party to) upload, download, post, submit or otherwise distribute or facilitate distribution of any User Content on or through the Services, that is not related to cyber security vulnerabilities or their resolution, or that (i) infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; (ii) you know is false, misleading, untruthful or inaccurate; (iii) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by Us in Our sole discretion; (iv) constitutes unauthorized or unsolicited advertising, junk or bulk e-mail ("spamming"); (v) contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party; (vi) impersonates any person or entity, including any of our employees or representatives; or (vii) includes anyone's identification documents or sensitive financial information.

We do not guarantee that any User Content will be made available on the Website or through the Services. User Content may be moderated by Vicarious, in accordance with the provisions of these Terms. We reserve the right to, but do not have any obligation to (i) remove, edit or modify any User Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have violated these Terms), or for no reason at all; and (ii) remove or block any User Content from the Services. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce these Terms, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect the rights, property or safety of us, Our users and the public.

Copyright Policy

DMCA Compliance

We respect the intellectual property rights of others. In accordance with 17 USC 512(c) of the Digital Millennium Copyright Act ("DMCA"), we have adopted a policy of, upon notice, restricting access to or deleting content that infringes a third party's copyright and, in appropriate circumstances and in our sole discretion, terminating account holders or other users of the Services who are deemed to be repeat infringers of a third party's copyrighted work.

If you believe that anything on the Services, including User Content, infringes any copyright that you own or control, you may file a notice of such infringement by providing the following information in writing:

• identification of the copyrighted work that is claimed to be infringed;
• identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Services;
• information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
• a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
• a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
• the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.

Notices of copyright infringement claims should be sent by mail to: admin@yourbookishere.com.

A user of the Services who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by regular mail or by email) that