These Terms of Service are a legally binding contract between you and Belva, Inc., a Delaware corporation, its affiliated entities and its successors and assigns (“Belva Developer”, “Belva, Inc.”, “AiDB”, “MyIO”, “Company”, “we”, “our” or “us”) and governs your right to use Belva’s websites (including www.belva.ai] ) (the “Websites”) and products and services. These terms of service (this “Agreement” or these “Terms”) form a binding agreement between you as a user (“you” or “your”) and us and shall be the equivalent of a written paper agreement between you and us. If you open an account on behalf of an organization or other entity, then “you” includes you and that entity, and you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity’s behalf. The effective date of this Agreement is when you accept or are deemed to accept this Agreement as discussed below.
1. Belva’s Services. Belva provides a suite of services that leverage artificial intelligence (“AI”) to generate, harden, and store code blocks in a network for future use, allowing users (“Users”) to access and utilize these blocks to build software for their projects or end customers, as well as other AI-powered related functionalities (collectively, the “Services”).
2. Access to Belva’s Services. In order to access Belva’s Services, you must both create an account and provide the payment information requested by the Company, which will provide you with Compute Hours that serve as the payment mechanism for utilizing the Services. Such purchases can be made through the designated Website(s) or other authorized methods approved by Belva. Additional terms and conditions may accompany specific Services, and Users will be provided with these terms upon purchasing Compute Hours for a particular Service. In the event of any conflict between these Terms and the additional terms and conditions pertaining to a Service, the additional terms and conditions shall prevail for that Service.
3. Accounts. You must register an account to access and use the features of our Services and Websites. By registering to use our Services and Websites, you represent and warrant that you:
If an individual, are over the age of eighteen (18);
Are legally qualified to enter a binding contract with us;
Are not prohibited by law from using the Services or Websites;
Have not submitted information in the registration process that is inaccurate or untruthful;
Do not have more than one account on the Services or Websites; and
Have not previously had your account removed from the Websites or Services by us, unless you have our express written permission to create a new account.
Are legally permitted to use and access the Services or Websites and take full responsibility for the selection and use of and access to the Services or Websites.
Moreover, you agree to provide accurate, current, and complete information during registration in addition to keeping your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify Belva if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (a) ask you to provide identification or other information, (b) undertake checks designed to help verify your identity or background, (c) screen you against third-party databases or other sources and request reports from service providers.
If at any time you cease to meet these requirements, we reserve the right to delete your account with us, to revoke all credentials held by you and to delete all User Content uploaded by you to the Services or Websites.
4. Authorized Users. We may authorize you to grant other individuals within your organization access our Services from time to time (each, an “Authorized User”). You are solely responsible for Authorized User activities and interaction with our Services. You agree to ensure all Authorized Users are aware of all restrictions of use in these Terms, the Privacy Policy, and any other rules or requirements applicable to the Services. You agree to cause Authorized Users to comply with such provisions. You are solely responsible for all actions taken by and interactions with Authorized Users, including providing any disclosures governing an Authorized User’s interaction with the Services, and any applicable Privacy Policy or further obligations required by us or any applicable law. Any obligation imposed on you by these Terms shall be applicable to you and to any Authorized User.
5. Permitted Use and Use Restrictions. You shall not access or use any Website or Service for any purpose other than as intended by Belva, as set forth in the description for each Service. Your use of the Websites and Services must comply with all applicable laws, rules, and regulations. In addition, it is a violation of these Terms for you to:
· permit any third party that is not an Authorized User to access or use a username or password for the Services;
· share, transfer, or otherwise provide access to an Authorized User account designated for you to another person;
· make any Service-related content publicly available, unless expressly permitted under a separate contract with Belva;
· use the Services or create, store, or transmit any User Content that may infringe upon or misappropriate someone else's patent, trademark, copyright, or other intellectual property, or that may be tortious or unlawful;
· use the Services, or transmit through the Services, any data or information for the purposes of committing fraud or identity theft, or for the purposes of furthering a fraud or identity theft;
· impersonate any person or entity, including, but not limited to, an employee of ours or an "Administrator," or any Authorized User, or falsely state or otherwise misrepresent your affiliation with a person, organization, or entity;
· upload to, or transmit from, the Services any data, file, software, or link that contains or redirects to a virus, Trojan horse, worm, or other harmful component or a technology that unlawfully accesses or downloads content or information stored within the Services or on the hardware of Belva or any third party;
· attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the Services (including any mechanism used to restrict or control the functionality of the Services), any third party use of the Services, or any third party data contained therein (except to the extent such restrictions are prohibited by applicable law);
· attempt to gain unauthorized access to the Services or related systems or networks, or to defeat, avoid, bypass, remove, deactivate, or otherwise circumvent any software protection or monitoring mechanisms of the Services;
· access the Services in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics of the Services;
· use the Services in any manner that may harm minors or that interacts with or targets people under the age of thirteen;
· use the Services to provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act or other laws and regulations concerning national security, defense, or terrorism;
· use the Services to send unsolicited communications, promotions, advertisements, or spam;
· use the Services to send altered, deceptive, or false source-identifying information, including "spoofing" or "phishing";
· abuse referrals or promotions, for example, to get more benefits than deserved;
· sublicense, resell, time share, or similarly exploit the Services; or
· authorize, permit, enable, induce, or encourage any third party to do any of the above.
· Use the Websites or Services for illegal purposes or in violation of any applicable laws, rules, or regulations; or
· Assist or permit any other parties in engaging in any of the activities described above.
6. User Content. You are responsible for all content that you create and submit to the Websites and Services (“User Content”), and the consequences of its use or submission. You are responsible for ensuring that all User Content that you transmit is accurate, truthful, up-to-date, complete, and lawful. By submitting User Content to the Websites or Services (including feedback), you grant Belva a perpetual, irrevocable, worldwide, royalty-free, sublicensable (through multiple tiers) license to use, reproduce, cache, store, modify, publicly perform, publicly display, distribute and transmit such User Content for any business purpose, and waive any moral rights and publicity rights in such User Content. We may preserve User Content and may also disclose User Content and its origin if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process; enforce these Terms; respond to claims that any User Content violates the rights of third parties; or protect the rights, property, or personal safety of other Users, the public, and us.
7. Ownership and Proprietary Rights. Subject to your payment of applicable fees and continued compliance with this Agreement and any separate agreements we may have with you, we grant you a limited, non-exclusive, revocable, non-transferable, non-sublicensable license to access our Services as authorized in these Terms.
7.1 User Ownership: Users will own all data or content submitted to Belva via the Services (collectively, “User Data”) and all applications, workflows, and processes created using the Services (collectively, “User Applications”). User grants Belva a worldwide, non-exclusive license to access, use, process, copy, distribute, perform, export, and display User Data, User Applications, and any products created or deployed by or for User, only as reasonably necessary to: (a) provide, maintain, and improve the Services; (b) prevent or address service, security, support, or technical issues; (c) comply with legal requirements or prevent fraud; and (d) as expressly permitted in writing by User.
7.2 Belva Ownership: Belva reserves all rights, title, and interest in and to the Services, including all related intellectual property rights. Belva owns and will continue to own its Services and all components thereof. Belva may make these components available on-premises or for download via app stores, license keys, or other channels, as part of the Services. Belva grants Users a non-sublicensable, non-transferable, non-exclusive, limited license for User and its Authorized Users to use the object code version of these components solely as necessary to use the Services and in accordance with these Terms. All rights not expressly granted by this license are hereby retained by Belva.
7.3 Usage Information; Improvements to the Service: Belva may collect and analyze information relating to the use, configuration, and performance of the Services (collectively, "Usage Information") to improve the Services. Belva will own any improvements, enhancements, or modifications to the Services derived from this Usage Information.
8. Belva’s Role. Belva works hard to ensure our Users have great experiences using our Services, but we do not and cannot control the conduct of Users. You acknowledge that Belva has the right, but does not have any obligation, to monitor the use of the Services and verify information provided by our Users. For example, we may review, disable access to, remove, or edit User Content or User accounts to: (a) operate, secure and improve the Services (including for fraud prevention, risk assessment, investigation and customer support purposes); (b) ensure User compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) address User Content that we determine is harmful or objectionable; (e) take actions set out in these Terms; and (f) maintain and enforce any quality or eligibility criteria, including by removing inputted User Content that does not comply with these Terms. Users acknowledge and agree that Belva administers these Terms, including decisions about whether and how to apply them to a particular situation, at its sole discretion. Users agree to cooperate with and assist Belva in good faith, and to provide Belva with such information and take such actions as may be reasonably requested by Belva with respect to any investigation undertaken by Belva regarding the use or abuse of the Services. Belva is not acting as an agent for any User.
9. Compute Hours. The Company provides Users with the ability to use Compute Hours via credit card or other accepted payment methods available on its website. "Compute Hours" refer to the measurement of time consumed during code generation, general AI functions, storing data, indexing and mapping data, or other hosting activities using the Services. A running meter tracks the usage of Compute Hours each time a User executes a function or utilizes hosting services. Upon account creation, Users will receive a specified number of free Compute Hours for initial use of the Services at no cost. Once the free Compute Hours are exhausted, Users will be billed for the Compute Hours they consume throughout the billing period. Users will be charged in increments as they continue to use the Services, at a fixed, uniform rate determined solely by the Company. This rate applies uniformly across all accounts and usage levels, without discounts, promotions, or tiered pricing.
10. Compute Hour Fees. By continuing to use the Services after the expiration of your initial free Compute Hours, you agree to pay the applicable fees for Compute Hours, as displayed at the time of purchase, along with any sales, use, or similar taxes that may apply. You authorize the Company to charge your provided payment method (your “Payment Method”) for all fees related to your use of the Services. The Company reserves the right to correct any billing errors, even if a payment request has already been processed. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may, in its sole discretion, immediately terminate your account on the basis that you have decided not to purchase Compute Hours. All payments made for Compute Hours are non-refundable, except where expressly agreed otherwise by the Company in writing. Amounts past due will accrue interest at a rate of eighteen percent (18%) per annum, or the highest rate permitted by applicable law, whichever is lower. You are responsible for any collection costs incurred by the Company, including, but not limited to, reasonable attorneys' fees and expenses.
11. Payment Processing[AN1] . We currently use Stripe as a third-party payment processor and may use other sub-processors. We may use other third-party payment processors in our sole and absolute discretion and without notice to you. The processing of payments will be subject to Stripe’s Service Agreement (available at https://stripe.com/ssa) and its Privacy Policy (available at https://stripe.com/privacy), our Privacy Policy, these Terms, and any other privacy policies or terms of service in effect for any other payment processor we may use in the future. We are not responsible for any errors by Stripe or any other payment processor we use to provide the Services.
12. Artificial Intelligence Technology. You acknowledge that Belva uses AI technology to provide the Services. As such, you acknowledge that the quality of Services provided by Belva will be limited by the quality of information provided by Users. AI is a rapidly evolving field meaning that the use of the Services may, in some situations, result in occasional incorrect outputs that do not accurately reflect the information inputted. You are responsible for evaluating and reviewing the accuracy of any such output as appropriate for your use case, including by using human review of the output.
13. Violations. You are solely responsible for ensuring that your use of the Websites and Services complies with these Terms (including all applicable laws, rules, and regulations). Belva retains the right, at its sole discretion, to determine whether or not your conduct is consistent with these Terms. Belva may immediately suspend, restrict, or terminate and remove your account, including your access and use of the Websites and Services, if Belva determines that your conduct violates these Terms. Belva reserves the right to seek all other remedies available at law and in equity for violations of these Terms, including damages and obtaining preliminary and other injunctive relief of these Terms.
14. Indemnification. You agree to indemnify, defend and hold harmless Belva, its agents, suppliers, licensors, affiliates and their respective directors, officers and employees (collectively, the “Indemnified Parties”) against all losses, liabilities, suits, claims, actions, costs, damages and expenses (including, without limitation, reasonable attorneys’ fees and expenses) sustained, incurred or paid by any Indemnified Party directly or indirectly resulting from, arising out of, relating to or in connection with: (a) violation of these Terms by you, or other person using your account or credentials; (b) alleged and/or proven breach of applicable laws and/or regulations by Belva; (c) your access to or use of the Services or Websites, (d) any information used, stored, or transmitted in connection with your account or credentials; (e) breach of the rights of any third party, including but not limited to privacy, publicity, intellectual property, or other proprietary rights, by you, or anyone using your account or credentials; or (f) violation of any law, regulation, or other legal requirement. This paragraph is intended to be applicable to the maximum extent allowed by law.
15. Changes to Services. Belva reserves the right to change the prices, specifications, or options for Belva’s Services at any time without obligation. You agree that Belva may limit your use of the Services, including without limitation the frequency and duration for which you may access the Services, and that Belva has no responsibility or liability for any unavailability or limitation on your use of the Services. In addition, Belva reserves the right at any time to limit access to, modify, change, or discontinue the Services, or any part thereof, with or without notice. Belva shall not be liable to you or to any other party for any modification, suspension, unavailability, or discontinuance of the Services.
16. Third-Party Links and Services. The Websites and Services may contain links to websites or services operated by other parties. Belva has no control over such linked sites and is not responsible for the content or services available on any other sites linked to Belva’s Websites and Services. Such links do not imply Belva’s endorsement of material on any other site, and Belva disclaims all liability with regard to your access to such linked sites. Belva provides links to other sites as a convenience to Users, and access to any other sites linked to the Websites or Services is at your own risk.
17. Assumption of Risks. You understand, acknowledge, and freely assume all risks relating to your access or use of the Services or Websites, including but not limited to the functionality of AI-enabled software development. You understand and acknowledge that while we strive to provide reliable service, there is no guarantee that the Services will achieve their intended goals, particularly in AI-mediated communications with third parties. Furthermore, you understand and acknowledge there is no guarantee that personal information and transactions on the Services or Websites or on the internet will be maintained confidential and secure. Your access or use of the Services or Websites is at your own risk, and that to the maximum extent permitted by applicable law we assume no liability or responsibility pertaining to your use of the Services or Websites, or the receipt, storage, transmission, or other use of your personal information.
18. Term and Termination.
· We may, at any time and in our sole discretion, without prior notice, and without any liability to you, modify or discontinue any portion of the Websites or Services, either temporarily or permanently.
· At any time and in our sole discretion, without prior notice, and without any liability to you, we may (a) cancel or deactivate your account; or (b) temporarily or permanently, suspend, restrict, or terminate access to any or all of the Websites or Services for any reason or for no reason. We are under no obligations to disclose its reason for any termination or suspension of the Websites or Services to you or generally.
· In the event of any termination of this Agreement, discontinuation of the Websites or Services, or termination of your right to access the Websites or Services: (i) all fees and amounts payable to us by you shall immediately become due, (ii) we may delete any of your User data without any liability to you; and (iii) we may cancel any open transactions that are pending at the time of the termination of your right to access the Websites or Services. We reserve the right to retain aggregated anonymized User data for longer to improve the Websites or Services, prevent fraud and produce aggregated statistics.
· The provisions of these Terms relating to indemnification, our limitations of liability and disclaimers, your warranties and any other provisions which by their terms should reasonably survive termination, shall survive termination of the Websites or Services or this Agreement.
19. Limitations on Liability and Disclaimers.
· NO WARRANTIES. EXCEPT AS EXPRESSLY PROVIDED IN A SEPARATE AGREEMENT WITH YOU, YOUR USE OF THE WEBSITES AND SERVICES IS AT YOUR SOLE RISK. THE WEBSITES AND SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE. YOU ARE RESPONSIBLE FOR VERIFYING ANY AND ALL INFORMATION INCLUDED IN OR WITH THE WEBSITES OR SERVICES BEFORE RELYING ON IT. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY DATA, CONTENT, OR OTHER MATERIALS THAT YOU MAY OBTAIN FROM THE WEBSITES OR SERVICES ARE FREE OF VIRUSES AND OTHER POTENTIALLY HARMFUL DEVICES.
· NO SPECIAL DAMAGES. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
· ADDITIONAL LIMITATION. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: GOVERNMENT ENFORCEMENT DUE TO BELVA’S FAILURE TO COMPLY WITH APPLICABLE LAWS OR REGULATIONS, VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; THE USE OR INABILITY TO USE THE SERVICES; ANY OTHER WEBSITE ACCESSED TO OR FROM THE SERVICES; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
· NO LIABILITY FOR USER ACTIONS. EXCEPT AS OTHERWISE PROVIDED HEREIN, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES BE LIABLE FOR DAMAGES TO ANY PARTY DUE TO ANY MISUSE OF THE SERVICES BY ANY USER. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY HARMFUL, ILLEGAL, OR UNATHOURIZED USE OF THE SERVICES, CREATION OF INAPPROPRIATE OR DAMAGING CONTENT OR ANY OTHER ACTIONS THAT VIOLATE THESE TERMS. USERS ACKNOWLEDGE AND AGREE THAT THE COMPANY IS NOT RESPONSIBLE FOR ANY CONSEQUENCES ARISING FROM SUCH MISUSE BY USERS.
· AGGREGATE LIABILITY. IN NO CASE WILL THE COMPANY'S, ITS AFFILIATES', AGENTS', LICENSORS', AND THEIR RESPECTIVE DIRECTORS', OFFICERS' AND EMPLOYEES' CUMULATIVE TOTAL LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE OR OTHERWISE) ARISING UNDER OR RELATING TO THE SERVICES BE MORE THAN THE VALUE OF THE FEES ACTUALLY PAID TO US BY YOU DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF ANY CLAIM GIVING RISE TO SUCH LIABILITY.
20. BINDING ARBITRATION. ANY AND ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS, THE WEBSITES, AND/OR THE SERVICES THAT ARE NOT RESOLVED BY MUTUAL AGREEMENT SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION BEFORE THE KING COUNTY, WASHINGTON OFFICE OF JAMS OR ITS SUCCESSOR (THE “ARBITRATOR”), OR AN ALTERNATE ARBITRATIOR SELECTED BY BELVA IF JAMS OR ITS SUCCESSOR IS NOT AVAILABLE, PURSUANT TO THE UNITED STATES ARBITRATION ACT, 9 U.S.C. SEC. 1 ET SEQ. EITHER PARTY MAY COMMENCE THE ARBITRATION PROCESS BY FILING A WRITTEN DEMAND FOR ARBITRATION WITH THE ARBITRATOR, WITH A COPY TO THE OTHER PARTY. THE ARBITRATION WILL BE CONDUCTED IN ACCORDANCE WITH THE PROVISIONS OF THE ARBITRATOR’S COMPREHENSIVE ARBITRATION RULES AND PROCEDURES IN EFFECT AT THE TIME OF FILING OF THE DEMAND FOR ARBITRATION. THE PARTIES WILL COOPERATE WITH THE ARBITRATOR AND WITH ONE ANOTHER IN SELECTING AN INDIVIDUAL FROM THE ARBITRATOR’S PANEL OF NEUTRALS, AND IN SCHEDULING THE ARBITRATION PROCEEDINGS. THE ARBITRATOR’S RULING SHALL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, BELVA SHALL HAVE THE RIGHT TO COMMENCE AN ACTION FOR PRELIMINARY AND OTHER INJUNCTIVE RELIEF, AND TO SPECIFIC PERFORMANCE OF THE TERMS AND CONDITIONS HEREOF, IN A STATE OR FEDERAL COURT OF COMPETENT SUBJECT MATTER JURISDICTION LOCATED WITHIN KING COUNTY IN THE STATE OF WASHINGTON.
21. Governing Law. The laws of the State of Washington shall govern these Terms, without reference to its choice of law rules.
22. Amendment. The Company reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Website(s). All amendments made to these Terms will take immediate effect. If any resulting amendment or modification to these Terms requires Belva to interrupt, terminate, or cancel access to and/or use of the Services or Websites, then it shall have the exclusive right to do so. You are responsible for periodically reviewing the amendments on the Websites, and you are deemed to be aware of such amendments. If you do not agree to the amended terms and conditions, you shall immediately stop using the Websites. Access to the Services or Websites or use of the Websites or Services after any amendments have been posted shall constitute your acknowledgement and acceptance of the amended terms and conditions.
23. Attorneys’ Fees. If Belva brings any action to enforce these Terms, the prevailing party in such action shall be entitled to recover reasonable attorneys’ fees and costs incurred in connection with such action, whether in arbitration, pretrial, trial, appeal in any proceeding including bankruptcy, or in any action to enforce a judgment or award.
24. Notices. You agree that Belva may communicate any notices to you, including notices of changes to these Terms, through e-mail, regular mail, or by posting of those notices on the Websites or through the Services.
25. No Waiver; Severability. Any failure by Belva to exercise any rights or enforce any of the provisions of these Terms shall not constitute a waiver of such rights or provisions. If any portion of these Terms is found by an arbitrator or a court of competent jurisdiction to be invalid, such arbitrator or court is hereby authorized to amend such provision so that it will be enforceable to the fullest extent permitted by law. All other provisions of these Terms shall remain in full force and effect.
26. Privacy Policy. In addition to these Terms, access and use of the Websites and Services are subject to Belva’s Privacy Policy available at belva.ai/privacypolicy.
27. Changes to Terms. Belva reserves the right, at its sole discretion, to change, modify, add, or remove any portion of these Terms, in whole or in part, at any time. Notification of changes to these Terms will be communicated as provided in these Terms. Amendments to these Terms will be effective upon notice. Your continued access and use of the Websites and Services following notice of any amendment shall constitute your acceptance thereof.
28. Contact Information. If you would like to contact us with questions or comments concerning our Terms, please e-mail us at ___support@belva.ai______.