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BeThereBearLabs Inc. — Terms of Service
Effective Date: May 5, 2026
Welcome to BeThereBearLabs Inc. ("Company," "we," "us," "our"). By using our services, purchasing products, or subscribing to our services, you agree to the following terms and conditions. Please read them carefully.
1. Acceptance of Terms
By accessing and using the services provided by BeThereBearLabs Inc. ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use our Services.
2. Services Provided
BeThereBearLabs Inc. provides personalized teddy bears ("Products") that include recorded audio content in the form of personalized messages. These messages are created using AI technology to clone a voice from audio recordings provided by the customer. We also offer a subscription service that delivers additional personalized messages to the customer on a monthly basis.
If you do not submit usable voice recordings within 30 days of purchase, we will contact you to discuss next steps. If we are unable to proceed, we will refund $90 of the purchase price as described in Section 10.
3. Eligibility
Our Products are designed for individuals aged 3 and above. By using our Services, you represent and warrant that you are at least 18 years of age, or have obtained parental/guardian consent if you are under 18.
4. Voice Recording Requirements
To produce a personalized bear, you must submit voice recordings (such as voicemails, voice notes, or video files) that meet the following minimum requirements:
(a) At least ten (10) seconds total of clear, usable audio of the intended subject speaking, which may be provided across one or more files;
(b) Audio in which the intended subject is the primary speaker, with reasonable audio quality (minimal background noise, no significant distortion, no overlapping speakers).
We reserve the right to determine, in our reasonable discretion, whether submitted recordings meet these requirements. If your submissions do not meet our quality threshold, we will contact you to request additional samples before proceeding.
5. License to Use Voice Recordings
By providing us with audio recordings or uploading audio or video files, you grant BeThereBearLabs Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, store, and modify the submitted voice and content for the purpose of creating personalized messages, and for delivering the Products and Services to you.
We will not use cloned voices for any commercial purpose outside of providing Services to you, and we will not share or sell cloned voice models to third parties.
6. Customer Representations and Warranties
By submitting any audio, video, or other content to us, you represent and warrant that:
(a) You have the full legal right and authority to submit the recordings and to grant the license described in Section 5;
(b) If the recordings include the voice of a deceased individual, you are an immediate family member, legal next of kin, executor of the estate, or have obtained consent from a person with such authority;
(c) If the recordings include the voice of a living individual other than yourself, you have obtained that individual's express consent to have their voice cloned and used in our Products and Services;
(d) The recordings do not infringe upon any third-party rights, including intellectual property, privacy, or publicity rights;
(e) You are submitting the recordings solely for personal, non-commercial use;
(f) The recordings will not be used to harass, defame, impersonate, or harm any individual.
You agree to indemnify BeThereBearLabs Inc. from any claims arising from a breach of these representations, as further detailed in Section 17.
7. AI-Generated Content Disclaimer
You acknowledge and agree that:
(a) The audio messages delivered in our Products are generated using AI technology based on the voice samples and personality information you provide;
(b) AI-generated content may occasionally contain inaccuracies, errors, unexpected phrasing, or output that does not perfectly match your loved one's actual voice, speech patterns, or personality;
(c) We do not guarantee that AI-generated content will be a perfect or exact replication of any individual's voice or personality;
(d) Before your bear ships, you will have the opportunity to review and approve an initial voice sample. Subsequent monthly messages (if subscribed) are subject to our internal quality assurance review;
(e) We reserve the right to refuse to generate or deliver any content that we determine, in our sole discretion, to be inappropriate, offensive, harmful, or inconsistent with the purpose of our Services.
8. Provisional Patent
BeThereBearLabs Inc. holds a provisional patent for the process of creating personalized audio content using AI cloning technology. This patent covers the unique method we use to clone voices and create custom messages.
9. Subscription Service
After your bear ships and you approve the initial voice sample, you may opt in to our monthly message subscription. By subscribing, you agree to pay the recurring subscription fee of $29 per month. Your subscription delivers approximately four (4) new personalized audio messages per month in your loved one's voice, suited for birthdays, holidays, anniversaries, and other meaningful occasions. Promotional pricing may be offered at checkout or through specific campaigns.
You may cancel your subscription at any time through your account or by contacting us at hello@betherebearlabs.com. Cancellation will be effective at the end of your current billing cycle, and you will not be charged for subsequent months. We do not provide partial refunds for unused portions of a billing cycle. Messages already delivered to you remain yours to keep after cancellation.
Revision Fee. If you request a revision to your bear's content after it has been produced and approved (such as changing a name, correcting a phrase, or modifying a message), a $19 revision fee applies per revision. Revisions are included at no additional charge for active monthly subscribers.
10. Refund Policy
The Memorial Bear is sold for $99. Refund eligibility depends on the stage of the order:
(a) Cancellation before submission — $90 refund. If you cancel your order before submitting any voice samples or videos, you will receive a refund of $90. The remaining $9 represents a non-refundable processing and onboarding fee covering payment processing, account setup, and order intake.
(b) Insufficient audio — $90 refund or $40 refund. If you are unable to submit at least ten (10) seconds of clear, usable audio of the intended subject's voice, and we determine in good faith that we cannot proceed with production, you will receive a refund of $90 or $40. The $9 processing fee remains non-refundable.
(c) Sample not approved — $99 full refund. Our "Hear before you ship" guarantee entitles you to a full refund of the entire $99 purchase price if, after we have provided you with at least three (3) voice sample iterations for your review, you remain dissatisfied with the result and your bear has not yet shipped. We reserve up to three (3) opportunities to refine the voice sample to your satisfaction before a full refund is required. Refund requests made before we have provided three (3) sample iterations will be processed at $90 (per Section 10(b)) unless we agree otherwise in writing.
(d) Manufacturing defect or shipping damage. See Section 11.
(e) After shipping. Except as provided in Section 11 or as required by law, no refunds will be issued once your bear has shipped.
To request a refund, contact us at hello@betherebearlabs.com within [30] days of your purchase or within [14] days of being notified that your samples do not meet our requirements, whichever is later. Approved refunds will be processed to the original payment method within 5–10 business days.
Subscription fees, revision fees, and shipping costs (where applicable) are non-refundable.
11. Defective Products and Shipping Damage
If your bear arrives damaged or has a manufacturing defect, please contact us at hello@betherebearlabs.com within [14] days of delivery with photos of the issue. We will, at our option, repair, replace, or refund the defective Product. We are not responsible for damage caused by misuse, accidents, or normal wear and tear after delivery.
12. Production and Shipping
Production timelines vary based on the complexity of the voice clone, sample approval cycles, and order volume. Once your voice samples are approved, your bear typically ships within 5–7 business days from Chicago, Illinois. Free standard shipping is included on Memorial Bear orders within the contiguous United States. Shipping to Alaska, Hawaii, U.S. territories, APO/FPO addresses, or international destinations may incur additional fees and longer transit times.
Estimated timelines are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other factors outside our reasonable control.
13. Product Use and Safety
Our teddy bears are intended for individuals aged 3 and older. It is your responsibility to ensure that the Product is used appropriately and safely. BeThereBearLabs Inc. is not liable for any injuries, damages, or losses that result from the misuse of our Products.
14. Privacy and Data Security
BeThereBearLabs Inc. is committed to protecting your privacy. We do not sell your personal data, voice recordings, or audio files. We use your data solely to provide and improve our Services.
We may share data with trusted third-party service providers (such as payment processors, cloud hosting and storage providers, AI infrastructure providers, email service providers, and customer support tools) strictly as necessary to operate our Services. These providers are bound by confidentiality obligations and are not permitted to use your data for their own purposes.
We may also disclose data if required by law, subpoena, court order, or to protect our legal rights.
You may request deletion of your personal data and voice recordings by contacting us at hello@betherebearlabs.com. Deletion of voice recordings may render your bear and subscription inoperable, and we may retain certain data as required by law or for legitimate business purposes.
15. Limitation of Liability
To the fullest extent permitted by law, BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of our Services; (ii) any errors, inaccuracies, or unexpected output in AI-generated content; (iii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iv) any bugs, viruses, or other harmful components transmitted through our Services; or (v) any damage or injury resulting from the use of the Products.
In no event shall our aggregate liability to you for any claim arising out of or relating to these Terms or the Services exceed the total amount you have paid us in the twelve (12) months preceding the claim.
16. Intellectual Property
All intellectual property rights, including but not limited to trademarks, logos, content, and software, are owned by BeThereBearLabs Inc. or its licensors. You agree not to use our intellectual property without our prior written consent.
You retain ownership of the original voice recordings you submit. The license granted to us in Section 5 does not transfer ownership of those recordings.
17. Indemnification
You agree to indemnify, defend, and hold harmless BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of our Services; (b) your violation of these Terms; (c) your breach of the representations and warranties in Section 6; or (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
18. Termination
BeThereBearLabs Inc. reserves the right to terminate or suspend your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or to us, or for any other reason in our sole discretion. Upon termination, Sections 5, 6, 7, 14, 15, 16, 17, and 22 shall survive.
19. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, government action, labor disputes, internet outages, or failures of third-party service providers.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BeThereBearLabs Inc. regarding the Services and supersede any prior agreements.
22. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts.
23. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any changes constitutes your acceptance of the new Terms. For material changes, we will make reasonable efforts to notify you by email or through our Services.
24. Contact Information
If you have any questions about these Terms, please contact us at:
BeThereBearLabs Inc. Email: hello@betherebearlabs.com
BeThereBearLabs Inc. — Terms of Service
Effective Date: May 5, 2026
Welcome to BeThereBearLabs Inc. ("Company," "we," "us," "our"). By using our services, purchasing products, or subscribing to our services, you agree to the following terms and conditions. Please read them carefully.
1. Acceptance of Terms
By accessing and using the services provided by BeThereBearLabs Inc. ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use our Services.
2. Services Provided
BeThereBearLabs Inc. provides personalized teddy bears ("Products") that include recorded audio content in the form of personalized messages. These messages are created using AI technology to clone a voice from audio recordings provided by the customer. We also offer a subscription service that delivers additional personalized messages to the customer on a monthly basis.
If you do not submit usable voice recordings within 30 days of purchase, we will contact you to discuss next steps. If we are unable to proceed, we will refund $90 of the purchase price as described in Section 10.
3. Eligibility
Our Products are designed for individuals aged 3 and above. By using our Services, you represent and warrant that you are at least 18 years of age, or have obtained parental/guardian consent if you are under 18.
4. Voice Recording Requirements
To produce a personalized bear, you must submit voice recordings (such as voicemails, voice notes, or video files) that meet the following minimum requirements:
(a) At least ten (10) seconds total of clear, usable audio of the intended subject speaking, which may be provided across one or more files;
(b) Audio in which the intended subject is the primary speaker, with reasonable audio quality (minimal background noise, no significant distortion, no overlapping speakers).
We reserve the right to determine, in our reasonable discretion, whether submitted recordings meet these requirements. If your submissions do not meet our quality threshold, we will contact you to request additional samples before proceeding.
5. License to Use Voice Recordings
By providing us with audio recordings or uploading audio or video files, you grant BeThereBearLabs Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, store, and modify the submitted voice and content for the purpose of creating personalized messages, and for delivering the Products and Services to you.
We will not use cloned voices for any commercial purpose outside of providing Services to you, and we will not share or sell cloned voice models to third parties.
6. Customer Representations and Warranties
By submitting any audio, video, or other content to us, you represent and warrant that:
(a) You have the full legal right and authority to submit the recordings and to grant the license described in Section 5;
(b) If the recordings include the voice of a deceased individual, you are an immediate family member, legal next of kin, executor of the estate, or have obtained consent from a person with such authority;
(c) If the recordings include the voice of a living individual other than yourself, you have obtained that individual's express consent to have their voice cloned and used in our Products and Services;
(d) The recordings do not infringe upon any third-party rights, including intellectual property, privacy, or publicity rights;
(e) You are submitting the recordings solely for personal, non-commercial use;
(f) The recordings will not be used to harass, defame, impersonate, or harm any individual.
You agree to indemnify BeThereBearLabs Inc. from any claims arising from a breach of these representations, as further detailed in Section 17.
7. AI-Generated Content Disclaimer
You acknowledge and agree that:
(a) The audio messages delivered in our Products are generated using AI technology based on the voice samples and personality information you provide;
(b) AI-generated content may occasionally contain inaccuracies, errors, unexpected phrasing, or output that does not perfectly match your loved one's actual voice, speech patterns, or personality;
(c) We do not guarantee that AI-generated content will be a perfect or exact replication of any individual's voice or personality;
(d) Before your bear ships, you will have the opportunity to review and approve an initial voice sample. Subsequent monthly messages (if subscribed) are subject to our internal quality assurance review;
(e) We reserve the right to refuse to generate or deliver any content that we determine, in our sole discretion, to be inappropriate, offensive, harmful, or inconsistent with the purpose of our Services.
8. Provisional Patent
BeThereBearLabs Inc. holds a provisional patent for the process of creating personalized audio content using AI cloning technology. This patent covers the unique method we use to clone voices and create custom messages.
9. Subscription Service
After your bear ships and you approve the initial voice sample, you may opt in to our monthly message subscription. By subscribing, you agree to pay the recurring subscription fee of $29 per month. Your subscription delivers approximately four (4) new personalized audio messages per month in your loved one's voice, suited for birthdays, holidays, anniversaries, and other meaningful occasions. Promotional pricing may be offered at checkout or through specific campaigns.
You may cancel your subscription at any time through your account or by contacting us at hello@betherebearlabs.com. Cancellation will be effective at the end of your current billing cycle, and you will not be charged for subsequent months. We do not provide partial refunds for unused portions of a billing cycle. Messages already delivered to you remain yours to keep after cancellation.
Revision Fee. If you request a revision to your bear's content after it has been produced and approved (such as changing a name, correcting a phrase, or modifying a message), a $19 revision fee applies per revision. Revisions are included at no additional charge for active monthly subscribers.
10. Refund Policy
The Memorial Bear is sold for $99. Refund eligibility depends on the stage of the order:
(a) Cancellation before submission — $90 refund. If you cancel your order before submitting any voice samples or videos, you will receive a refund of $90. The remaining $9 represents a non-refundable processing and onboarding fee covering payment processing, account setup, and order intake.
(b) Insufficient audio — $90 refund or $40 refund. If you are unable to submit at least ten (10) seconds of clear, usable audio of the intended subject's voice, and we determine in good faith that we cannot proceed with production, you will receive a refund of $90 or $40. The $9 processing fee remains non-refundable.
(c) Sample not approved — $99 full refund. Our "Hear before you ship" guarantee entitles you to a full refund of the entire $99 purchase price if, after we have provided you with at least three (3) voice sample iterations for your review, you remain dissatisfied with the result and your bear has not yet shipped. We reserve up to three (3) opportunities to refine the voice sample to your satisfaction before a full refund is required. Refund requests made before we have provided three (3) sample iterations will be processed at $90 (per Section 10(b)) unless we agree otherwise in writing.
(d) Manufacturing defect or shipping damage. See Section 11.
(e) After shipping. Except as provided in Section 11 or as required by law, no refunds will be issued once your bear has shipped.
To request a refund, contact us at hello@betherebearlabs.com within [30] days of your purchase or within [14] days of being notified that your samples do not meet our requirements, whichever is later. Approved refunds will be processed to the original payment method within 5–10 business days.
Subscription fees, revision fees, and shipping costs (where applicable) are non-refundable.
11. Defective Products and Shipping Damage
If your bear arrives damaged or has a manufacturing defect, please contact us at hello@betherebearlabs.com within [14] days of delivery with photos of the issue. We will, at our option, repair, replace, or refund the defective Product. We are not responsible for damage caused by misuse, accidents, or normal wear and tear after delivery.
12. Production and Shipping
Production timelines vary based on the complexity of the voice clone, sample approval cycles, and order volume. Once your voice samples are approved, your bear typically ships within 5–7 business days from Chicago, Illinois. Free standard shipping is included on Memorial Bear orders within the contiguous United States. Shipping to Alaska, Hawaii, U.S. territories, APO/FPO addresses, or international destinations may incur additional fees and longer transit times.
Estimated timelines are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other factors outside our reasonable control.
13. Product Use and Safety
Our teddy bears are intended for individuals aged 3 and older. It is your responsibility to ensure that the Product is used appropriately and safely. BeThereBearLabs Inc. is not liable for any injuries, damages, or losses that result from the misuse of our Products.
14. Privacy and Data Security
BeThereBearLabs Inc. is committed to protecting your privacy. We do not sell your personal data, voice recordings, or audio files. We use your data solely to provide and improve our Services.
We may share data with trusted third-party service providers (such as payment processors, cloud hosting and storage providers, AI infrastructure providers, email service providers, and customer support tools) strictly as necessary to operate our Services. These providers are bound by confidentiality obligations and are not permitted to use your data for their own purposes.
We may also disclose data if required by law, subpoena, court order, or to protect our legal rights.
You may request deletion of your personal data and voice recordings by contacting us at hello@betherebearlabs.com. Deletion of voice recordings may render your bear and subscription inoperable, and we may retain certain data as required by law or for legitimate business purposes.
15. Limitation of Liability
To the fullest extent permitted by law, BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of our Services; (ii) any errors, inaccuracies, or unexpected output in AI-generated content; (iii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iv) any bugs, viruses, or other harmful components transmitted through our Services; or (v) any damage or injury resulting from the use of the Products.
In no event shall our aggregate liability to you for any claim arising out of or relating to these Terms or the Services exceed the total amount you have paid us in the twelve (12) months preceding the claim.
16. Intellectual Property
All intellectual property rights, including but not limited to trademarks, logos, content, and software, are owned by BeThereBearLabs Inc. or its licensors. You agree not to use our intellectual property without our prior written consent.
You retain ownership of the original voice recordings you submit. The license granted to us in Section 5 does not transfer ownership of those recordings.
17. Indemnification
You agree to indemnify, defend, and hold harmless BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of our Services; (b) your violation of these Terms; (c) your breach of the representations and warranties in Section 6; or (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
18. Termination
BeThereBearLabs Inc. reserves the right to terminate or suspend your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or to us, or for any other reason in our sole discretion. Upon termination, Sections 5, 6, 7, 14, 15, 16, 17, and 22 shall survive.
19. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, government action, labor disputes, internet outages, or failures of third-party service providers.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BeThereBearLabs Inc. regarding the Services and supersede any prior agreements.
22. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts.
23. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any changes constitutes your acceptance of the new Terms. For material changes, we will make reasonable efforts to notify you by email or through our Services.
24. Contact Information
If you have any questions about these Terms, please contact us at:
BeThereBearLabs Inc. Email: hello@betherebearlabs.com
BeThereBearLabs Inc. — Terms of Service
Effective Date: May 5, 2026
Welcome to BeThereBearLabs Inc. ("Company," "we," "us," "our"). By using our services, purchasing products, or subscribing to our services, you agree to the following terms and conditions. Please read them carefully.
1. Acceptance of Terms
By accessing and using the services provided by BeThereBearLabs Inc. ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree with these Terms, you must not use our Services.
2. Services Provided
BeThereBearLabs Inc. provides personalized teddy bears ("Products") that include recorded audio content in the form of personalized messages. These messages are created using AI technology to clone a voice from audio recordings provided by the customer. We also offer a subscription service that delivers additional personalized messages to the customer on a monthly basis.
If you do not submit usable voice recordings within 30 days of purchase, we will contact you to discuss next steps. If we are unable to proceed, we will refund $90 of the purchase price as described in Section 10.
3. Eligibility
Our Products are designed for individuals aged 3 and above. By using our Services, you represent and warrant that you are at least 18 years of age, or have obtained parental/guardian consent if you are under 18.
4. Voice Recording Requirements
To produce a personalized bear, you must submit voice recordings (such as voicemails, voice notes, or video files) that meet the following minimum requirements:
(a) At least ten (10) seconds total of clear, usable audio of the intended subject speaking, which may be provided across one or more files;
(b) Audio in which the intended subject is the primary speaker, with reasonable audio quality (minimal background noise, no significant distortion, no overlapping speakers).
We reserve the right to determine, in our reasonable discretion, whether submitted recordings meet these requirements. If your submissions do not meet our quality threshold, we will contact you to request additional samples before proceeding.
5. License to Use Voice Recordings
By providing us with audio recordings or uploading audio or video files, you grant BeThereBearLabs Inc. a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable, and sublicensable license to use, reproduce, store, and modify the submitted voice and content for the purpose of creating personalized messages, and for delivering the Products and Services to you.
We will not use cloned voices for any commercial purpose outside of providing Services to you, and we will not share or sell cloned voice models to third parties.
6. Customer Representations and Warranties
By submitting any audio, video, or other content to us, you represent and warrant that:
(a) You have the full legal right and authority to submit the recordings and to grant the license described in Section 5;
(b) If the recordings include the voice of a deceased individual, you are an immediate family member, legal next of kin, executor of the estate, or have obtained consent from a person with such authority;
(c) If the recordings include the voice of a living individual other than yourself, you have obtained that individual's express consent to have their voice cloned and used in our Products and Services;
(d) The recordings do not infringe upon any third-party rights, including intellectual property, privacy, or publicity rights;
(e) You are submitting the recordings solely for personal, non-commercial use;
(f) The recordings will not be used to harass, defame, impersonate, or harm any individual.
You agree to indemnify BeThereBearLabs Inc. from any claims arising from a breach of these representations, as further detailed in Section 17.
7. AI-Generated Content Disclaimer
You acknowledge and agree that:
(a) The audio messages delivered in our Products are generated using AI technology based on the voice samples and personality information you provide;
(b) AI-generated content may occasionally contain inaccuracies, errors, unexpected phrasing, or output that does not perfectly match your loved one's actual voice, speech patterns, or personality;
(c) We do not guarantee that AI-generated content will be a perfect or exact replication of any individual's voice or personality;
(d) Before your bear ships, you will have the opportunity to review and approve an initial voice sample. Subsequent monthly messages (if subscribed) are subject to our internal quality assurance review;
(e) We reserve the right to refuse to generate or deliver any content that we determine, in our sole discretion, to be inappropriate, offensive, harmful, or inconsistent with the purpose of our Services.
8. Provisional Patent
BeThereBearLabs Inc. holds a provisional patent for the process of creating personalized audio content using AI cloning technology. This patent covers the unique method we use to clone voices and create custom messages.
9. Subscription Service
After your bear ships and you approve the initial voice sample, you may opt in to our monthly message subscription. By subscribing, you agree to pay the recurring subscription fee of $29 per month. Your subscription delivers approximately four (4) new personalized audio messages per month in your loved one's voice, suited for birthdays, holidays, anniversaries, and other meaningful occasions. Promotional pricing may be offered at checkout or through specific campaigns.
You may cancel your subscription at any time through your account or by contacting us at hello@betherebearlabs.com. Cancellation will be effective at the end of your current billing cycle, and you will not be charged for subsequent months. We do not provide partial refunds for unused portions of a billing cycle. Messages already delivered to you remain yours to keep after cancellation.
Revision Fee. If you request a revision to your bear's content after it has been produced and approved (such as changing a name, correcting a phrase, or modifying a message), a $19 revision fee applies per revision. Revisions are included at no additional charge for active monthly subscribers.
10. Refund Policy
The Memorial Bear is sold for $99. Refund eligibility depends on the stage of the order:
(a) Cancellation before submission — $90 or $40 refund. If you cancel your order before submitting any voice samples or videos, you will receive a refund of $90 or $40. The remaining $9 represents a non-refundable processing and onboarding fee covering payment processing, account setup, and order intake.
(b) Insufficient audio — $90 refund or $40 refund. If you are unable to submit at least ten (10) seconds of clear, usable audio of the intended subject's voice, and we determine in good faith that we cannot proceed with production, you will receive a refund of $90 or $40. The $9 processing fee remains non-refundable.
(c) Sample not approved — $99 full refund. Our "Hear before you ship" guarantee entitles you to a full refund of the entire $99 purchase price if, after we have provided you with at least three (3) voice sample iterations for your review, you remain dissatisfied with the result and your bear has not yet shipped. We reserve up to three (3) opportunities to refine the voice sample to your satisfaction before a full refund is required. Refund requests made before we have provided three (3) sample iterations will be processed at $90 (per Section 10(b)) unless we agree otherwise in writing.
(d) Manufacturing defect or shipping damage. See Section 11.
(e) After shipping. Except as provided in Section 11 or as required by law, no refunds will be issued once your bear has shipped.
To request a refund, contact us at hello@betherebearlabs.com within [30] days of your purchase or within [14] days of being notified that your samples do not meet our requirements, whichever is later. Approved refunds will be processed to the original payment method within 5–10 business days.
Subscription fees, revision fees, and shipping costs (where applicable) are non-refundable.
11. Defective Products and Shipping Damage
If your bear arrives damaged or has a manufacturing defect, please contact us at hello@betherebearlabs.com within [14] days of delivery with photos of the issue. We will, at our option, repair, replace, or refund the defective Product. We are not responsible for damage caused by misuse, accidents, or normal wear and tear after delivery.
12. Production and Shipping
Production timelines vary based on the complexity of the voice clone, sample approval cycles, and order volume. Once your voice samples are approved, your bear typically ships within 5–7 business days from Chicago, Illinois. Free standard shipping is included on Memorial Bear orders within the contiguous United States. Shipping to Alaska, Hawaii, U.S. territories, APO/FPO addresses, or international destinations may incur additional fees and longer transit times.
Estimated timelines are not guaranteed. We are not liable for delays caused by carriers, customs, weather, or other factors outside our reasonable control.
13. Product Use and Safety
Our teddy bears are intended for individuals aged 3 and older. It is your responsibility to ensure that the Product is used appropriately and safely. BeThereBearLabs Inc. is not liable for any injuries, damages, or losses that result from the misuse of our Products.
14. Privacy and Data Security
BeThereBearLabs Inc. is committed to protecting your privacy. We do not sell your personal data, voice recordings, or audio files. We use your data solely to provide and improve our Services.
We may share data with trusted third-party service providers (such as payment processors, cloud hosting and storage providers, AI infrastructure providers, email service providers, and customer support tools) strictly as necessary to operate our Services. These providers are bound by confidentiality obligations and are not permitted to use your data for their own purposes.
We may also disclose data if required by law, subpoena, court order, or to protect our legal rights.
You may request deletion of your personal data and voice recordings by contacting us at hello@betherebearlabs.com. Deletion of voice recordings may render your bear and subscription inoperable, and we may retain certain data as required by law or for legitimate business purposes.
15. Limitation of Liability
To the fullest extent permitted by law, BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of our Services; (ii) any errors, inaccuracies, or unexpected output in AI-generated content; (iii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iv) any bugs, viruses, or other harmful components transmitted through our Services; or (v) any damage or injury resulting from the use of the Products.
In no event shall our aggregate liability to you for any claim arising out of or relating to these Terms or the Services exceed the total amount you have paid us in the twelve (12) months preceding the claim.
16. Intellectual Property
All intellectual property rights, including but not limited to trademarks, logos, content, and software, are owned by BeThereBearLabs Inc. or its licensors. You agree not to use our intellectual property without our prior written consent.
You retain ownership of the original voice recordings you submit. The license granted to us in Section 5 does not transfer ownership of those recordings.
17. Indemnification
You agree to indemnify, defend, and hold harmless BeThereBearLabs Inc., its affiliates, and its respective officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or in any way connected with: (a) your use of our Services; (b) your violation of these Terms; (c) your breach of the representations and warranties in Section 6; or (d) your violation of any third-party rights, including intellectual property, privacy, or publicity rights.
18. Termination
BeThereBearLabs Inc. reserves the right to terminate or suspend your access to our Services at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users or to us, or for any other reason in our sole discretion. Upon termination, Sections 5, 6, 7, 14, 15, 16, 17, and 22 shall survive.
19. Force Majeure
We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, civil unrest, government action, labor disputes, internet outages, or failures of third-party service providers.
20. Severability
If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
21. Entire Agreement
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BeThereBearLabs Inc. regarding the Services and supersede any prior agreements.
22. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of law principles. Any disputes arising from these Terms or your use of our Services shall be resolved exclusively in the state or federal courts located in Cook County, Illinois, and you consent to the personal jurisdiction of those courts.
23. Changes to Terms
We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting the updated Terms on our website. Your continued use of our Services after any changes constitutes your acceptance of the new Terms. For material changes, we will make reasonable efforts to notify you by email or through our Services.
24. Contact Information
If you have any questions about these Terms, please contact us at:
BeThereBearLabs Inc. Email: hello@betherebearlabs.com
2026 BeThereBearLabs. All right reserved.
40 N Tower Road, Oak Brook, Illinois.
Made with ❤️ in Chicago, Illinois
Hello@BeThereBearLabs.com
40 N Tower Road, Oak Brook, Illinois.
Made with ❤️ in Chicago, Illinois
