Terms of Service

Last updated July 22, 2024

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1. General Information

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Introduction‍

Welcome to Bella Sales Technologies Pty Ltd ("Bella," "we," "our," or "us"). These Terms of Service ("Terms") govern your use of our services, including our AI-powered chatbot integrated with LinkedIn and email services, and are a legally binding agreement between you and Bella. By accessing or using our services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our services.

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Modification of Terms

We reserve the right to modify these Terms at any time. Any changes will be updated on the terms of service on our website and communicated to you via email. Your continued use of the services following the posting of changes constitutes your acceptance of such changes.

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2. Services Provided

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Description of Services

Bella offers an AI-powered chatbot that integrates seamlessly with LinkedIn and LinkedIn Sales Navigator. Our service generates highly personalized sales copy, engages with potential leads, distributes content, answers FAQs, converts leads, and schedules meetings automatically, helping businesses drive revenue efficiently. Users can choose to review and approve the generated content or allow it to be sent automatically. Bella is not responsible for the content once it is approved or sent automatically by the user.

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3. Account Terms

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Account Creation

To use our services, you must create an account by providing your first name, surname, email, and password. You agree to provide accurate and complete information and to update your account information to keep it current and complete.

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Account Management

You are responsible for maintaining the confidentiality of your account and password. You agree to notify Bella immediately of any unauthorized use of your account. Bella is not liable for any loss or damage arising from your failure to protect your account information.

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4. Payment and Subscription Terms

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Payment Methods

Payments for our services are processed through Stripe. By using our services, you agree to the payment terms and conditions provided by Stripe.

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Billing Cycle

Our services are billed on a monthly basis. The billing cycle begins on the date you subscribe to our services.

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Refund Policy

Bella does not provide refunds for any subscription fees paid. All fees are non-refundable.

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Fee Changes

Bella reserves the right to change service fees with 30 days' notice. Such notice will be provided on our website and through email.

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5. User Responsibilities and Prohibited Actions

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Acceptable Use

Users agree not to:

Use the service in any manner that violates any applicable local, state, national, or international law.
Transmit any unsolicited or unauthorized advertising, promotional materials, spam, or any other form of solicitation.
Use any robot, spider, other automated devices, or manual process to monitor or copy any content from Bella.
Attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the services.
Upload invalid data, viruses, worms, or other software agents through the services.
Collect or harvest any personally identifiable information, including account names, from the service.
Use the service for any fraudulent or inappropriate purpose.

Sensitive Information

Users acknowledge that Bella’s services are not designed to process or manage sensitive information, including but not limited to personal health information, and agree not to use the services to collect, manage, or process such information.

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6. Data and Privacy

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Data Collection and Usage

Bella collects information about you and your use of the services to improve our offerings and provide better user experiences. By using our services, you agree to the collection and use of this information as outlined in our Privacy Policy.

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Third-Party Services

Bella may integrate with third-party services, such as LinkedIn and email providers, to facilitate the functionality of our services. By using our services, you agree to the terms and privacy policies of these third-party services.

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LinkedIn

Bella is not authorized as an official feature of LinkedIn. Bella does not take responsibility for the practices and policies of LinkedIn. Bella is not responsible for the user's personal account or the purposes for which the product is used. Bella is not responsible or liable in case of a ban on the user’s account due to activities executed by the user.

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Email

Bella provides email outreach services through integration with third-party email providers. Bella does not warrant the deliverability or success rate of any emails sent through our service. Users are responsible for complying with all applicable email marketing laws and regulations, including CAN-SPAM, GDPR, and others.

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7. Intellectual Property

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Content Ownership

Users retain ownership of the content they create and submit through the service. Bella claims no ownership rights over user-generated content. However, by submitting content, users grant Bella a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and distribute the content as necessary to provide the services.

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Feedback and Suggestions

Bella encourages users to provide feedback and suggestions for improving our services. By submitting feedback, users grant Bella the right to use and incorporate such feedback without any obligation of compensation.

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8. Termination and Suspension

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Account Termination

Bella reserves the right to terminate or suspend user accounts at any time, with or without cause, and with or without notice. Grounds for termination include but are not limited to violation of these Terms, fraudulent or illegal activities, and any behavior that may harm the interests of Bella or its users.

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User Termination

Users may terminate their accounts at any time by contacting Bella’s support team or using the account management features within the service. Upon termination, all user content and data may be immediately deleted.

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9. Liability and Indemnification

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Limitation of Liability

Bella shall not be liable for any indirect, incidental, special, consequential, or exemplary damages arising from or related to the use of our services. Our total liability to you for any claims arising from or related to the services is limited to the amount paid by you, if any, for accessing the services in the 12 months preceding the claim.

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Indemnification

Users agree to indemnify, defend, and hold harmless Bella, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with their access to or use of the services or violation of these Terms.

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10. Dispute Resolution

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Governing Law

These Terms shall be governed and construed in accordance with the laws of New South Wales, Australia, without regard to its conflict of law provisions.

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Arbitration and Class Action Waiver

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Binding Arbitration

You and Bella agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in New South Wales, Australia, before a single arbitrator. The arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA) pursuant to its Arbitration Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

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Class Action Waiver

You and Bella agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action. You and Bella expressly waive the right to file a class action or seek relief on a class basis.

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11. Miscellaneous

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Changes to Terms

Bella reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Your continued use of our services after any such modifications constitutes your acceptance of the new Terms.

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Notices

All notices under these Terms shall be in writing and shall be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

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Contact Information

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

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Bella Sales Technologies Pty Ltd
Suite 302, 13/15 Wentworth Ave, Sydney, Australia 2000
Email: support@bellasales.io

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Entire Agreement

These Terms constitute the entire agreement between you and Bella regarding the use of our services and supersede any prior agreements between you and Bella regarding the use of the services.

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No Waiver

No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Bella's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

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Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms shall remain in full force and effect.

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Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Bella without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

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Force Majeure

Bella shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Bella's reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

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Third-Party Links

The services may contain links to third-party websites or services that are not owned or controlled by Bella. Bella has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Bella shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

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Publicity

You grant us the right to add your name and company logo to our customer list and website. You can opt-out of this use by contacting us at hello@bellasales.io.

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12. Intellectual Property and Confidentiality

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Content Ownership

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Feedback and Suggestions

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Intellectual Property Rights

All text, graphics, editorial content, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces, and other content (collectively “Proprietary Material”) that users see or read through the services are owned by Bella, excluding SNS Content, which users hereby grant Bella a license to use. Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Bella owns all Proprietary Material, as well as the coordination, selection, arrangement, and enhancement of such Proprietary Materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. You may not copy, download, use, redesign, reconfigure, or retransmit anything from the services without Bella’s express prior written consent.

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Confidentiality

Users acknowledge that Confidential Information (as defined below) is a valuable, special, and unique asset of Bella and agree that they will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than using the services in accordance with these Terms. If relevant, users may disclose the Confidential Information to their authorized employees and agents provided that they are also bound to maintain the confidentiality of Confidential Information. Users shall promptly notify Bella in writing of any circumstances that may constitute unauthorized disclosure, transfer, or use of Confidential Information. Users shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer, or use. Users shall return all originals and any copies of any and all materials containing Confidential Information to Bella upon termination of this Agreement for any reason whatsoever.

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Definition of Confidential Information

The term “Confidential Information” shall mean any and all of Bella’s trade secrets, confidential and proprietary information, and all other information and data of Bella that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Bella or Bella’s business, operations or properties, including information about Bella’s staff, users, or partners, or other business information disclosed directly or indirectly in writing, orally, or by drawings or observation.

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13. Disclaimer of Warranties

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Disclaimer

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BELLA MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED THROUGH THE SERVICES OR THE CONTENT OF ANY SITES LINKED TO THE SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY IN CONTRACT, WARRANTY OR IN TORT FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; AND (IV) EVENTS BEYOND OUR REASONABLE CONTROL. UNDER NO CIRCUMSTANCES WILL BELLA AND AFFILIATES OR THEIR CORPORATE PARTNERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, ECONOMIC, SPECIAL, OR EXEMPLARY DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY BELLA, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES) ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU IN THEIR ENTIRETY.

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IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT BELLA AND AFFILIATES OR THEIR CORPORATE PARTNERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE LOWER OF (I) THE TOTAL FEES PAID BY YOU TO BELLA DURING THE SIX MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE OR (II) ONE HUNDRED DOLLARS ($100), TO THE EXTENT PERMITTED BY APPLICABLE LAW.

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14. Indemnification

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Indemnification

You agree to indemnify, defend, and hold harmless Bella and its officers, directors, employees, agents, attorneys, insurers, successors, and assigns (the “Indemnified Parties”) from and against any and all liabilities incurred in connection with (i) your use or inability to use the services, or (ii) your breach or violation of this Agreement; (iii) your violation of any law, or the rights of any user or third party, and (iv) any content submitted by you or using your account to the services, including, but not limited to the extent such content may infringe on the intellectual rights of a third party or otherwise be illegal or unlawful. You also agree to indemnify the Indemnified Parties for any liabilities resulting from your use of software robots, spiders, crawlers, or similar data-gathering and extraction tools, or any other action you take that imposes an unreasonable burden or loan on our infrastructure. Bella reserves the right, in its own sole discretion, to assume the exclusive defense and control at its own expense of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the prior written consent of Bella.

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15. Analytics and AI Usage

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Google Analytics

Bella uses Google Analytics, a web analytics service, to help us understand how users interact with our website and services. Google Analytics collects data such as website traffic and user behavior patterns. This information helps us improve our services and enhance user experience.

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Large Language Models

Bella may use third-party service providers, providing API access to Large Language Models (LLMs) for the purposes of providing our Service.

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Open AI

OpenAI is an American artificial intelligence research laboratory consisting of the non-profit OpenAI Incorporated and its for-profit subsidiary corporation OpenAI Limited Partnership. OpenAI conducts AI research with the declared intention of promoting and developing friendly AI.

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For more information on the privacy practices of OpenAI, please visit the OpenAI’s Privacy Policy web page: OpenAI Privacy Policy.

For more information on OpenAI’s terms of use, please visit: OpenAI Terms of Use.

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We also encourage you to review OpenAI’s approach and policies for safeguarding your data: OpenAI Trust and Safety Standards.

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Claude by Anthropic

Anthropic is an American artificial intelligence startup and public-benefit corporation, founded by former members of OpenAI. Anthropic specializes in developing general AI systems and language models, with a company ethos of responsible AI usage.

For more information on the privacy practices of Anthropic, please visit the Anthropic’s Privacy Policy web page: Anthropic Privacy Policy.

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For more information on Anthropic’s terms of use, please visit: Anthropic Terms of Use.

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We also encourage you to review Anthropic’s approach and policies for safeguarding your data: Anthropic Trust and Safety Standards.

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Gemini by Google

Gemini is a Large Language Model API developed by Google.

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For more information on the privacy practices of Google, please visit the Google Privacy Terms web page: Google Privacy Terms.

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We also encourage you to review Google’s policy for safeguarding your data: Google Data Safety and generative-AI specific terms of use: Google Generative AI Terms.

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16. No Use by Minors

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No Use by Minors

Our services are intended only for access and use by individuals at least eighteen (18) years old. By accessing or using any of Bella’s services, you warrant and represent that you are at least eighteen (18) years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of these Terms. If you are not at least eighteen (18) years old, you are prohibited from both the access and usage of our services.

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17. Miscellaneous

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