Terms of Use

1. The Software

The Software is an application that runs on equipment that you control. We do not operate a hosted service on your behalf, and the Software does not require an account with us. These Terms therefore contain no provisions on accounts, subscriptions or payments to us.

The Software requires a language model in order to function. You select that model, which is provided either by a third party or by software that runs on your own equipment (Section 6).

2. Eligibility

You must be at least 16 years old to use the Website and the Software. If you use them on behalf of an organisation, you represent that you are authorised to accept these Terms on its behalf, and "you" includes that organisation.

3. Open Source Licence

The Software is licensed under the MIT License. Your rights to use, copy, modify and distribute the Software are governed by that licence, and nothing in these Terms limits them. In the event of a conflict between these Terms and that licence in respect of those rights, the licence prevails.

Components of third parties that the Software includes or downloads, such as speech models and language models, are subject to their own licences.

4. Autonomous Operation

The Software is designed to act on your behalf and on its own initiative. Subject to the settings that you select, the Software may, without requesting your confirmation for each action:

• read, create, modify and delete files;
• execute commands and programs, including version-control operations;
• use the tools, integrations and services that you connect to it;
• capture the content of your screen and use your microphone, where you have granted the corresponding permissions; and
• initiate actions without a request from you, including in pursuit of a goal or according to a schedule.

The Software performs these actions with the permissions of your user account on the computer. It does not run in a sandbox or in any other isolated environment.

You are solely responsible for:

• the configuration of the Software, and the permissions, tools and data that you make available to it;
• supervising the Software, and reviewing its actions and its output before you rely on them;
• maintaining adequate backups of your data; and
• the consequences of the actions that the Software takes on your equipment or through your accounts with third parties.

You use these capabilities at your own risk.

5. Output of Language Models

The responses and the actions of the Software are generated by language models. Such output may be inaccurate, incomplete, outdated or inappropriate, and it may not reflect your intentions. We do not review, verify or endorse any output. You are responsible for evaluating the output and for your use of it.

The output does not constitute medical, legal, financial, safety or other professional advice, and it is not a substitute for the advice of a qualified professional. You must not rely on the Software in an emergency, or for any purpose where an error could result in death, personal injury, or significant loss or damage.

6. Third-Party Services

The Software can be used with services of third parties, including providers of language models such as OpenAI, Anthropic, DeepSeek, OpenRouter and GitHub Copilot, and other services that you connect to it (together, "Third-Party Services"). We do not provide, control or endorse Third-Party Services. Your use of a Third-Party Service is governed by the terms and the privacy policy of its provider, and you are responsible for complying with them.

A provider may charge you for the use of its service by the Software, including use that the Software initiates without a request from you. You are solely responsible for such charges. The Privacy Policy describes the data that the Software may transmit to a provider that you select.

7. Your Responsibilities

You are responsible for using the Website and the Software in compliance with the laws that apply to you. In particular, you are responsible for:

• having the right to make available to the Software the equipment, accounts, files and other data that it accesses;
• obtaining any consent that the law requires from other persons whose personal data appears on your screen or in your files, or whose voice is captured by your microphone, before you use the corresponding features; and
• the security of your equipment, of your credentials and of the data that the Software stores on your equipment, which the Software does not encrypt.

8. Use of the Website

You must not:

• use the Website in breach of any applicable law or of the rights of others;
• interfere with or disrupt the Website, or attempt to gain unauthorised access to it or to the systems that operate it; or
• access the Website by automated means in a manner that imposes an unreasonable load on it.

The demonstrations on the Website, including the animated story and the animated character, are illustrative and scripted. They are not recordings of the Software, and they do not constitute a representation or a warranty regarding the features, the performance or the results of the Software.

9. Intellectual Property

• The Website, including its text, graphics, animations, film and design, is not part of the Software and is not licensed under the MIT License. All rights in the Website are reserved. You must not copy, reproduce or distribute it without our prior written permission, except as the law permits.
• The MIT License does not grant any right to use the name BoBe, the BoBe logo or the BoBe character as a trade mark. You may use them to refer accurately to the Software, but not in a manner that suggests that we endorse, sponsor or are affiliated with you or with your products or services.

10. Physical Devices

The physical device that the Website shows is a prototype. It is not a product, it is not offered for sale, and nothing on the Website constitutes an offer to sell it. If you build or modify hardware for use with the Software, including with the ESP32 kit, you do so at your own risk, and you are solely responsible for that hardware, for its safety and for its compliance with the laws that apply to it.

11. Availability and Changes

We may change, suspend or discontinue the Website, the Software, any feature of them or the distribution of updates at any time and without notice. We have no obligation to provide maintenance, support, updates or security fixes for the Software. Earlier versions of the Software may cease to function with Third-Party Services.

12. Disclaimer of Warranties

THE SOFTWARE AND THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SOFTWARE OR THE WEBSITE WILL BE UNINTERRUPTED, SECURE OR FREE OF ERRORS, THAT DATA WILL NOT BE LOST, OR THAT THE OUTPUT OR THE ACTIONS OF THE SOFTWARE WILL BE ACCURATE, COMPLETE OR SUITABLE FOR YOUR PURPOSES.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND THE CONTRIBUTORS TO THE SOFTWARE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, USE OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE WEBSITE, INCLUDING FROM THE ACTIONS THAT THE SOFTWARE TAKES ON YOUR EQUIPMENT, FROM THE OUTPUT OF LANGUAGE MODELS AND FROM THIRD-PARTY SERVICES, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE OR THE WEBSITE WILL NOT EXCEED THE GREATER OF THE AMOUNT THAT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND 100 US DOLLARS.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited by law, such as liability for fraud, gross negligence or wilful misconduct, or for death or personal injury caused by negligence. If you are a consumer, you retain the rights that the mandatory consumer law of your country grants you.

14. Indemnification

To the extent permitted by law, you agree to defend, indemnify and hold harmless us and the contributors to the Software from and against any claims, losses, liabilities and costs, including reasonable legal fees, that arise from your use of the Website or the Software, from the actions that the Software takes on your behalf, from your use of Third-Party Services, or from your breach of these Terms.

15. Termination

You may stop using the Website and the Software at any time. We may restrict your access to the Website if you breach these Terms. These Terms do not affect your rights under the MIT License. Sections 4, 5, 9, 12, 13 and 14 continue to apply after you stop using the Website or the Software.

16. Changes to These Terms

We may amend these Terms from time to time. The amended Terms take effect when we publish them on the Website, and the date at the top of this page shows when they were last amended. By continuing to use the Website or the Software after an amendment takes effect, you accept the amended Terms.

17. General

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full force and effect. Our failure to enforce a provision is not a waiver of it. These Terms, the Privacy Policy and the licence of the Software constitute the entire agreement between you and us in respect of the Website and the Software. You may not assign these Terms without our consent; we may assign them to a successor to the project. Before you commence legal proceedings, please contact us (Section 18) so that we can attempt to resolve the matter. If you are a consumer, nothing in these Terms deprives you of the protection of the mandatory provisions of the law of your country of residence.

18. Contact

Questions concerning these Terms: an issue on GitHub (issues are public, so put no personal data in one). To report a vulnerability in confidence, use GitHub Security Advisories.