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.bookbyanyone.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. 

1. Definitions 
1. "Content" means any files, data, material and information submitted, uploaded and stored by You through the Service.
2. "Platform" means Company's online solution for purchasing funny personalized AI-written printed books as gag gifts for friends, family and loved ones. 
3. "Services" means any applications, products, services (including any Additional Services, to the extent applicable), documentation, and software made available through the Platform. 
4. "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.
5. "User Data" means data relating to Your use of the Platform and Services, including but not limited to information related to: 
1. 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. 
2. Statistical data, device generated reports and audit logs, 
3. settings, preferences chosen, and resource usage,  
4. free text submitted by You, and screen recording sessions. 
6. "We", "Us", "Company" or "Our" Planbuddy Ltd, doing business as BookByAnyone.com
7. "You" or "Customer" means individual, company or other legal entity and its affiliates for which you are accepting these Terms.
2. The Services
1. We may update the Services from time to time, including adding or removing functions.
2. 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. 
3. 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.
3. Your Content 
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
4. Copyright Policy
1. 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.
2. 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: hi@bookbyanyone.com. 

1. 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 sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity is not infringing the copyrights of others]
5. Fees and Payment
1. Payment Terms. You will pay, and You authorize Company or any of Company's resellers to charge using your selected payment method for, all fees with respect to the Services. Fees are non-refundable except as outlined in our return policy https://www.bookbyanyone.com/policies/returns. 
2. Billing Information. You are responsible for providing complete and accurate billing and contact information and to update us of any changes to such information.  Billing may be performed by a third party service provider of Company. We may suspend or terminate the Services if fees are past due.
3. Taxes. Our fees do not include taxes, levies or duties, such as value added tax, sales or use tax and any other similar charges. We will charge tax if we are required to do so.
6. Use Obligations and Restrictions
1. Obligations. You agree to do each of the following in connection with your use of the Services: (i) comply with all applicable laws, rules and regulations, including those regarding data privacy, intellectual property rights and export control; (ii) pay the fees for the Services when due; (iii) use reasonable security precautions for providing access to the Services by your users, customers or other individuals to whom You provide access.
2. Restrictions. You must not misuse the Services. For example, you may not, whether by yourself or anyone on your behalf (a) sell, resell, or lease the Services or access or attempt to access the Services by any means other than the interface we provided or authorized; (b) circumvent any access or use restrictions put into place to prevent certain uses of the Services; (c) use the Services to store, share or transmit content which is unlawful, infringing, harmful, harassing or which violates any person’s rights, including privacy rights and intellectual property rights; (d) attempt to disable, impair, or destroy the Services, or Platform; or (e) reverse engineer or decompile the Services, attempt to do so, or assist anyone in doing so. 
7. Intellectual Property Rights
1. Retention of Rights. All rights not expressly granted to You under these Terms are reserved by Company and its licensors. We and our licensors reserve all rights, title and interest to the Services, the Platform and any of their related intellectual property rights. The Terms do not convey to You an interest in or to Company’s intellectual property rights. Nothing in the Terms constitutes a waiver of Company’s Intellectual Property Rights under any law.
2. Feedback. To the extent You provide us any feedback, comments or suggestions ("Feedback"), you grant us a royalty-free, fully paid up, worldwide, perpetual and irrevocable license to incorporate the Feedback into the Services or any of our current or future products or services. 
8. Indemnification

You will indemnify, defend, and hold harmless Company, its affiliates, resellers, employees and agents (the "Indemnified Parties") from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of any claim, demand, suit or proceeding by a third party alleging that your Content or your use of the Services infringes or misappropriates a third party’s intellectual property rights or violates applicable law, provided that such claim, demand, suit or proceeding arises out of your negligent or intentional misconduct.

1. Disclaimers of Warranties
1. THE SERVICES ARE PROVIDED ON AN "AS IS", AND "AS AVAILABLE" BASIS, AND COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO RELIABILITY OF SERVICE, WARRANTIES OF NON-INFRINGEMENT OR IMPLIED WARRANTIES OF USE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE. WE DISCLAIM ALL LIABILITY AND ANY OBLIGATIONS FOR ANY HARM OR DAMAGE CAUSED BY ANY THIRD PARTY HOSTING PROVIDERS.
2. OTHER THAN AS EXPRESSLY STATED IN THE TERMS WE DO NOT WARRANT THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, WITHOUT ERROR, OR FREE OF DEFECTS.
2. Limitation of Liability
1. EXCEPT AS PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR (I) INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR (II) LOSS OF PROFITS OR REVENUE, LOSS OF DATA, BUSINESS INTERRUPTION, OR LOSS OF GOODWILL, IN EACH CASE ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 
2. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR TO THE SERVICES EXCEED AN AMOUNT GREATER OF (I) US$100.00 OR (II) THE FEES PAID BY YOU FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. 
3. THESE LIMITATIONS WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.
9. Term and Termination
1. Term. These Terms commence on the date you first accept them and will remain in effect until your subscription to the Services expires or terminates, or until these Terms are terminated.
2. Termination. You may stop using the Services at any time. We may suspend or terminate your access to the Services at any time at our discretion and without notice if You do not comply with these Terms. 
3. Survival. The provisions of these Terms that, by their nature and content, must survive the termination of these Terms in order to achieve the fundamental purposes of these Terms shall so survive. Without limiting the generality of the foregoing, the Intellectual Property Rights, Disclaimers of Warranties, Limitation of Liability, Governing Law and Jurisdiction and General sections, will survive the termination or expiration of the Terms.
10. Governing Law and Jurisdiction

These Terms are governed by the laws of the state of Israel excluding rules as to choice and conflicts of law and the courts in the state of Israel will have jurisdiction. You and Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply. 

11. General
1. Export Restrictions. The Services may be subject to export laws and regulations of the United States and other jurisdictions. You will not permit users to access or use the Services in any country which is subject to an embargo by the United States and shall not use the Services in violation of any other export restriction. In addition, You shall not provide the Services to persons on the United States Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals. 
2. Shipping and Delivery. We use Lulu Press, Inc. for manufacturing and shipping. Delivery times may vary based on your location and other factors. We are not responsible for any delays in shipping.
3. Returns and Refunds. As our Services are custom-made, we do not accept returns unless the product is defective or damaged upon arrival. Please refer to our Return Policy https://www.bookbyanyone.com/policies/returns for more details.
4. Changes to Terms. Company may change the Terms from time to time, and such change will become effective upon the date on which it is posted on the Platform website. You are responsible for checking the website regularly for such changes. By continuing to access or use the Services you agree to be bound by the revised Terms. 
5. Severability. If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of these Terms and shall not affect the validity and enforceability of any of the remaining provisions of these Terms. In such cases, the part deemed invalid or unenforceable shall be construed in a manner consistent with applicable law to reflect, as closely as possible, the original intent of the parties.
6. Waiver. No waiver by us of a breach of any of the provisions of terms of these Terms shall be construed as a waiver of any preceding or succeeding breach of any of the provisions of these Terms.
7. Relationship. Nothing in these Terms shall be construed as creating any agency, partnership, trust arrangement, fiduciary relationship or any other form of joint enterprise between you and Company. 
8. Entire Agreement. These Terms contain the entire agreement between Company and You relating to your use of the Services and supersedes any and all prior agreements between Company and You in relation to the same. You confirm that, in agreeing to accept these Terms, You have not relied on any representation except as has expressly been made by Company in these Terms. 
9. Assignment. You may not assign your rights or delegate your obligations under these Terms without Company’s prior written consent. Any purported assignment contrary to this section will be null and void. Company may assign its obligations hereunder among the various Company entities within the Company Inc. group, by a change to the definition of Company hereunder which change will become effective upon posting on the Platform website.
10. No Third Party Rights. There are no third-party beneficiaries to these Terms. Without limiting this section, users are not third-party beneficiaries to your rights under these Terms.