Contents
- BEFORE YOU CONTINUE: KEY FACTS
- PART ONE: AGREEMENT AND PARTIES
- 1. Parties and Binding Effect
- 2. Eligibility and Authorised Access
- PART TWO: WHAT BSIS IS AND IS NOT
- 3. Description of BSIS
- 4. What BSIS Is Not: Categorical Statement
- PART THREE: AI CONTENT AND TECHNOLOGY
- 5. AI-Generated Content: Capabilities and Limitations
- 6. Web Search Feature
- PART FOUR: HOW YOUR DATA IS PROCESSED
- 7. Data Architecture and Flow
- 8. Administrator Access
- 9. Private Chat Mode
- 10. User Content
- PART FIVE: HEALTH, SAFETY, AND RISK
- 11. Health and Safety: Mandatory Disclaimer
- 12. Special Category Health Data
- PART SIX: DATA PROTECTION AND PRIVACY
- 13. UK GDPR Compliance
- PART SEVEN: INTELLECTUAL PROPERTY
- 14. Ownership
- 15. AI-Generated Outputs
- PART EIGHT: ACCEPTABLE USE
- 16. Permitted Use
- 17. Prohibited Use
- PART NINE: LIABILITY AND INDEMNIFICATION
- 18. Statutory Rights: Not Affected
- 19. Disclaimers
- 20. Limitation of Liability
- 21. Indemnification
- PART TEN: TERM, SUSPENSION, AND TERMINATION
- 22. Term
- 23. Suspension and Termination by Bear in Studio Ltd
- 24. Effect of Termination
- PART ELEVEN: GENERAL PROVISIONS
- 25. Changes to This Agreement
- 26. Entire Agreement
- 27. Severability
- 28. No Waiver
- 29. Assignment
- 30. Force Majeure
- 31. Governing Law and Jurisdiction
- PART TWELVE: CONTACT
- 32. Contact Information
Reference copy. This page is published so you can read the Agreement before you join. The version you actually accept is presented inside your Bear Intelligence account at first sign-in, and that in-app version is the one that governs. If the two ever differ, the in-app version applies.
BEFORE YOU CONTINUE: KEY FACTS
Software tool only. BSIS is a self-directed personal productivity and AI-assisted planning application. It is not coaching, not personal training, not therapy, and not a source of medical, health, fitness, nutritional, or any other professional advice.
Standard conversations may be technically accessible. Standard-mode conversations within BSIS are stored and may be technically accessible to authorised Bear in Studio Ltd personnel. Access is not routine and is limited to situations where it is reasonably necessary to investigate or resolve a technical, security or service issue. It is not coaching oversight. If you want conversational privacy from administrators, use Private Chat mode at all times.
Private Chat is not fully private. Private Chat hides your conversations from the administrator, but your inputs are still processed by Google's AI systems to generate responses. Nothing you enter is invisible to all parties.
Your data is stored on a European server. BSIS conversation data is stored in a database on a server hosted in the European Union (DigitalOcean, Amsterdam, Netherlands). It is also transmitted to Google LLC (United States) for AI processing and, when you use the web search feature, to Tavily (AlphaAI Technologies Inc., United States) for search query processing. All three are covered by appropriate data protection safeguards.
Health data requires separate consent. If you log health or fitness-related information, this is special category data under UK law. You must give explicit consent via the separate consent screen presented in the application before using health-related features.
Do not include personal health information in web search queries. The web search feature is powered by Tavily. Tavily's terms of service prohibit the processing of special category personal data (including health and medical information) through its platform. Do not include personal medical conditions, diagnoses, or other health-related personal information in search queries.
AI outputs are informational only. Everything generated by BSIS's AI is automated output; it is not professional advice, it may be inaccurate, and you must not rely on it for any health, fitness, medical, financial, or legal decision without independent professional verification.
You are already an MF member. This Agreement governs your use of BSIS specifically. It is a standalone agreement that supplements your Masculine Frame membership. MF membership documents govern the coaching service. This document governs the BSIS software application only.
PART ONE: AGREEMENT AND PARTIES
1. Parties and Binding Effect
1.1 This End User Agreement ("Agreement") is a binding legal contract between you ("User", "you", "your") and Bear in Studio Ltd, a private limited company registered in England and Wales (company number 14642085), registered office at 39 Goldhawk Road, London, England, W12 8QQ ("Bear in Studio Ltd", "we", "us", "our").
1.2 You accept this Agreement by proceeding past the first-run acceptance screen within BSIS. Your acceptance is logged with a timestamp. If you do not accept, you will not have access to BSIS.
1.3 This Agreement is separate from any other documents governing your Masculine Frame membership. Accepting this Agreement does not affect, modify, or supersede those documents; it supplements them specifically in relation to your use of BSIS.
1.4 If you are using BSIS on behalf of any organisation, you represent that you have authority to bind that organisation and these terms apply to you and the organisation jointly.
2. Eligibility and Authorised Access
2.1 You must be at least 18 years of age. By accepting this Agreement, you confirm that you are 18 or older. Bear in Studio Ltd may request verification and suspend access where this condition is not met.
2.2 Access to BSIS is granted exclusively to active Masculine Frame members. You confirm that you hold a current, valid Masculine Frame membership. If your membership lapses or is terminated, your right to access BSIS terminates automatically at the same moment.
2.3 Your access is personal and non-transferable. You must not share your BSIS account credentials, access links, or login details with any third party. You are fully responsible for all activity conducted under your account. If you become aware of any unauthorised access to your account, you must notify Bear in Studio Ltd immediately at hello@bearinstudio.com.
PART TWO: WHAT BSIS IS AND IS NOT
3. Description of BSIS
3.1 BSIS is a self-directed personal productivity, logging, and AI-assisted planning application. It is designed to help you organise your goals, decisions, daily activity logs, notes, and personal records in a single system. It includes AI-assisted features that generate responses, summaries, and suggestions based on information you input.
3.2 BSIS is a software tool. It is not a person. It does not monitor you, coach you, make decisions about you, or provide professional services of any kind. It generates automated responses based on the text you provide in each session.
4. What BSIS Is Not: Categorical Statement
BSIS is not, and must not be used or understood as, any of the following:
(a) a coaching service, personal training service, or fitness coaching programme; those services are provided separately under your Masculine Frame membership and are governed by your MF programme documents;
(b) a source of medical, clinical, or health advice of any kind;
(c) a source of fitness programming, training prescription, or exercise advice;
(d) a source of nutritional or dietary advice;
(e) a source of psychological, mental health, or therapeutic support;
(f) a source of legal, financial, or professional advice of any kind;
(g) a regulated health service or medical device;
(h) an emergency or crisis resource; in any emergency, contact the relevant emergency services immediately.
4.1 The AI features within BSIS do not change its nature. The presence of AI-generated text does not constitute coaching, advice, or professional service. All AI outputs are informational only. You must not rely on any AI output as a substitute for your own independent judgment or for the guidance of a qualified professional.
4.2 If you have any doubt about whether something generated by BSIS constitutes advice that you should act on without further verification, you should not act on it without consulting an appropriate qualified professional first.
PART THREE: AI CONTENT AND TECHNOLOGY
5. AI-Generated Content: Capabilities and Limitations
5.1 BSIS uses the following AI and technology systems to generate responses, summaries, audio output, and web search results:
- Google Gemini Flash (Google LLC): primary text conversation AI
- Google Gemini Pro (Google LLC): memory compilation and structured summaries
- Google Gemini text-to-speech (Google LLC): audio output where the audio feature is used
- Tavily (AlphaAI Technologies Inc.): web search query processing where the search feature is used
5.2 AI-generated content within BSIS ("AI Content") is produced automatically by these systems based solely on text you input in a given session. AI Content:
(a) may be factually incorrect, incomplete, outdated, or inconsistent;
(b) does not take account of your medical history, physical condition, mental health, financial position, or any personal circumstance not explicitly provided in your input;
(c) is not reviewed by Bear in Studio Ltd before being shown to you;
(d) is not tailored by a human professional;
(e) may, in some circumstances, suggest things that are harmful, inappropriate, or wrong for your specific situation.
5.3 You are solely responsible for critically evaluating all AI Content before acting on it. The burden of verification rests entirely with you.
5.4 Google LLC processes your inputs and generates AI responses under its Data Processing Addendum (incorporating the UK International Data Transfer Addendum), which provides appropriate safeguards for UK GDPR. Google does not use your data to train its AI models under the Paid Services arrangement used by BSIS.
5.5 Tavily processes web search queries under its Terms of Service and Privacy Policy. Bear in Studio Ltd has disabled the "Allow use of query data" setting in its Tavily account, meaning Tavily processes search queries solely for the purpose of returning search results and does not use query data for service improvement or training.
6. Web Search Feature
6.1 The in-app web search feature is powered by Tavily, operated by AlphaAI Technologies Inc. (United States). When you submit a web search query within BSIS, your query is transmitted to Tavily's servers for processing and retrieval of search results.
6.2 Important restriction; do not include personal health information in search queries. Tavily's terms of service prohibit the processing of special category personal data as defined under GDPR, which includes data relating to health, medical conditions, physical condition, and similar information. You must not include personal medical conditions, diagnoses, test results, or other personal health information in web search queries submitted through BSIS. General informational queries about health topics (for example, general questions about nutrition or exercise) do not fall within this restriction, provided they do not identify you personally or include your specific medical information.
6.3 Web search results are retrieved from the public internet and are not verified, curated, or endorsed by Bear in Studio Ltd or Tavily. Results may be inaccurate, outdated, or from unreliable sources. You are responsible for verifying information obtained through web search before acting on it.
6.4 Do not use the web search feature to search for emergency information, crisis resources, or time-critical medical guidance. Use official services directly.
PART FOUR: HOW YOUR DATA IS PROCESSED
7. Data Architecture and Flow
7.1 When you use BSIS, your data follows this path:
Stage 1, input and storage: You enter information into BSIS. Your conversations and inputs are received and stored in a database within BSIS, hosted on a server operated by Bear in Studio Ltd in the European Union (DigitalOcean, LLC, Amsterdam, Netherlands). This server constitutes the primary data storage location for your BSIS conversations.
Stage 2, AI processing (conversations): Your conversation inputs are transmitted from the DigitalOcean server to Google LLC's AI APIs (Gemini and Gemini text-to-speech) solely for the purpose of generating AI responses. Google processes your inputs to generate a response and returns that response to BSIS. Google retains prompt and response data for a limited period for safety and abuse detection only. It does not use your data for AI training.
Stage 3, web search processing (search feature only): When you submit a web search query using the in-app search feature, that query is transmitted directly to Tavily (AlphaAI Technologies Inc.) for the purpose of retrieving search results. Search queries processed by Tavily are not stored in the BSIS application database. Tavily returns search results to BSIS which are displayed to you. Bear in Studio Ltd has disabled query data usage in its Tavily account; Tavily processes queries solely for search retrieval.
Stage 4, return and display: AI responses and search results are returned to your BSIS session and displayed to you. In standard mode, your conversations remain accessible to the BSIS administrator (Bear in Studio Ltd) via the admin account. In Private Chat mode, the conversation is not accessible to the administrator. Web search queries and results are not stored in the administrator-accessible conversation database.
7.2 Bear in Studio Ltd does not sell, share, or disclose your data to any party other than Google LLC and Tavily as described above, subject to the exceptions set out in Section 13.5.
8. Administrator Access
8.1 Bear in Studio Ltd operates administrator permissions that make BSIS conversations conducted in standard mode technically accessible to authorised personnel. You acknowledge this by accepting this Agreement.
8.2 Administrator access is not routine. It is limited to situations where it is reasonably necessary to investigate or resolve a technical, security or service issue, to maintain the Application, to respond to a request you make, or to meet a legal obligation, and to what is necessary for that purpose. This access is technical and operational in nature.
8.3 Administrator access is NOT used to provide coaching, to assess your progress for coaching purposes, or to deliver any advisory service. Viewing conversation data for operational purposes does not constitute coaching and does not create a coaching, supervisory, or advisory relationship.
8.4 If you do not want your conversations to be accessible to the administrator, you must use Private Chat mode for every session. Failure to use Private Chat means you are using the Application in standard mode, in which conversations remain technically accessible as described in Sections 8.1 and 8.2.
9. Private Chat Mode
9.1 Private Chat mode is a feature within BSIS that prevents conversations from being stored in the application database in a form accessible to the administrator.
9.2 When using Private Chat mode:
(a) your conversation is NOT visible to the administrator via the admin account;
(b) your inputs ARE still transmitted to Google LLC's AI APIs for the purpose of generating AI responses (Stage 2 in Section 7.1 above applies in full);
(c) conversation content is not retained in the BSIS application database after the session ends.
9.3 Private Chat mode protects you from administrator visibility of your conversation content. It does not protect you from Google's processing of your inputs, which is necessary to operate the AI features. If you do not want your inputs to be processed by Google, you must not use the AI features of BSIS.
9.4 Bear in Studio Ltd makes no representation that Private Chat mode provides absolute technical privacy against all possible access scenarios. Security of any system cannot be guaranteed absolutely.
10. User Content
10.1 You retain ownership of all content, text, data, and information you input into BSIS ("User Content"). By inputting User Content, you grant Bear in Studio Ltd a limited, non-exclusive licence to store, process, and transmit your User Content solely to the extent necessary to operate BSIS and provide its functionality.
10.2 You are responsible for the accuracy of User Content you input. Bear in Studio Ltd accepts no responsibility for any harm arising from User Content that is inaccurate, incomplete, or misleading.
10.3 You must not input User Content that:
(a) relates to an active medical emergency or active mental health crisis. Contact emergency services immediately in such circumstances;
(b) belongs to an identifiable third party without their knowledge and consent;
(c) is unlawful, harmful, threatening, abusive, harassing, defamatory, or objectionable;
(d) you do not have the right to disclose.
PART FIVE: HEALTH, SAFETY, AND RISK
11. Health and Safety: Mandatory Disclaimer
This section is critical. Read it fully.
11.1 BSIS may be used to log and organise health-related information, fitness data, nutritional targets, training logs, and body composition data. The existence of these features does not make BSIS a health service, fitness service, or clinical tool.
11.2 No AI output generated by BSIS in response to health, fitness, nutrition, or body-related inputs constitutes:
(a) medical advice, clinical guidance, diagnosis, or treatment of any kind;
(b) fitness advice, training prescription, or exercise programming;
(c) dietetic or clinical nutritional advice;
(d) psychological advice, mental health guidance, or therapeutic support.
11.3 AI systems have no knowledge of your medical history, physical condition, medications, injuries, contraindications, or personal health circumstances unless you explicitly provide that information in a given session. Even where you do provide such information, the AI systems are not qualified to assess it in a clinical context.
11.4 Before making any decision relating to physical activity, exercise, nutrition, supplementation, fasting, or any other health-related area, whether or not informed by AI Content within BSIS, you must apply your own independent judgment and, where appropriate, seek the advice of a qualified professional. This includes your GP, a registered dietitian, a qualified exercise professional, a physiotherapist, a psychologist, or another relevant specialist.
11.5 By accepting this Agreement, you expressly acknowledge and accept:
(a) that you are solely responsible for all decisions you make in connection with your use of BSIS;
(b) that Bear in Studio Ltd accepts no liability for any harm, injury, illness, adverse health outcome, or loss arising from any decision or action you take based on or informed by your use of BSIS;
(c) that the risk of acting on AI-generated content without professional verification rests entirely with you.
12. Special Category Health Data
12.1 If you input information relating to your health, physical condition, body composition, fitness levels, nutrition, mental state, or related topics, this constitutes special category personal data under UK GDPR, which carries the highest level of legal protection.
12.2 Processing of your special category health data requires your explicit consent under Article 9(a) UK GDPR. This consent is obtained through a separate, dedicated consent screen presented within BSIS before you use any health-related features. General acceptance of this Agreement does not constitute this consent. The consent screen requires your active, unchecked confirmation.
12.3 You may withdraw this consent at any time by contacting hello@bearinstudio.com. Withdrawal of consent may disable certain features of BSIS. Withdrawal does not affect the lawfulness of processing carried out before withdrawal.
12.4 Your special category health data is processed for the following purposes only:
(a) enabling AI-assisted responses within BSIS (processed by Google LLC as described in Section 7);
(b) storage in the BSIS database on the DigitalOcean EU server (Section 7.1, Stage 1);
(c) access by authorised personnel where reasonably necessary to investigate or resolve a technical, security or service issue (Section 8).
12.5 Your special category health data is not used for automated decision-making that produces legal or similarly significant effects on you.
12.6 You must not include special category personal data, including personal medical conditions, diagnoses, or health information, in web search queries submitted through the in-app search feature. The web search feature is processed by Tavily, whose terms of service prohibit the processing of special category data. See Section 6.2.
PART SIX: DATA PROTECTION AND PRIVACY
13. UK GDPR Compliance
13.1 Bear in Studio Ltd processes your personal data in accordance with the UK General Data Protection Regulation ("UK GDPR"), the Data Protection Act 2018, and applicable provisions of the Data (Use and Access) Act 2025. Registration with the Information Commissioner's Office (ICO) as a data controller is being completed. The registration number will be published in the Bear in Studio Privacy Policy once it is issued.
13.2 Full details of Bear in Studio Ltd's data processing practices, including lawful bases for each category of processing, data retention periods, your rights, and how to exercise them, are set out in the Bear in Studio Privacy Policy.
13.3 Lawful Bases for Processing
| Data type | Lawful basis |
|---|---|
| Account and contact data | Article 6(1)(b): contract performance |
| Conversation and log data | Article 6(1)(b): contract performance |
| Special category health data | Article 9(a): explicit consent |
| Admin quality monitoring (non-private) | Article 6(1)(f): legitimate interests |
| Web search queries (Tavily) | Article 6(1)(b): contract performance |
13.4 Data Processors
Bear in Studio Ltd uses the following data processors in connection with BSIS:
Google LLC (United States) Processes all AI conversation inputs and generates AI outputs via Gemini Flash and Gemini Pro APIs. Converts text to audio via the Gemini text-to-speech API. Google's processing is governed by the Google Cloud Data Processing Addendum, which incorporates the UK International Data Transfer Addendum (UK Addendum to the EU Standard Contractual Clauses). Google does not use BSIS data to train its AI models. Data is processed under Paid Services terms.
DigitalOcean, LLC (United States, server located in Amsterdam, Netherlands, European Union) Hosts the BSIS application server and database where conversation data is stored. The server is physically located within the European Union (Netherlands), which holds UK adequacy status, meaning the storage and processing of data within the EU does not in itself require additional transfer safeguards. DigitalOcean, LLC is a company incorporated in the United States; to address any potential access to data from its US operations, Bear in Studio Ltd relies on the Standard Contractual Clauses incorporated into DigitalOcean's Data Processing Agreement, together with the UK International Data Transfer Addendum, which constitute appropriate safeguards for UK GDPR Chapter V restricted transfers. DigitalOcean does not process or access your data beyond technical server hosting.
AlphaAI Technologies Inc., trading as Tavily (United States) Processes web search queries submitted through the in-app search feature solely for the purpose of retrieving and returning search results. Tavily acknowledges the UK Data Protection Act 2018 and processes UK personal data under Standard Contractual Clauses and the UK International Data Transfer Addendum, which constitute appropriate safeguards for UK GDPR Chapter V restricted transfers. Bear in Studio Ltd has disabled the "Allow use of query data" setting in its Tavily account, contractually preventing Tavily from using search queries for service improvement or model training purposes. Tavily's terms of service prohibit the processing of special category personal data; you must not include personal health or medical information in search queries (see Sections 6.2 and 12.6).
No other third parties process your personal data through BSIS. Bear in Studio Ltd does not sell data to any party.
13.5 Disclosure to Authorities
Bear in Studio Ltd will not disclose your personal data to any law enforcement agency or government authority unless required to do so by applicable law or a valid court order. Where legally permitted, Bear in Studio Ltd will notify you of any such request.
13.6 Your UK GDPR Rights
You have the following rights in relation to your personal data:
(a) Access: request a copy of your personal data held by Bear in Studio Ltd;
(b) Rectification: request correction of inaccurate data;
(c) Erasure: request deletion of your data in appropriate circumstances;
(d) Restriction: request that processing be limited in certain circumstances;
(e) Portability: receive your data in a structured, machine-readable format;
(f) Objection: object to processing based on legitimate interests;
(g) Withdraw consent: withdraw any previously given consent at any time.
To exercise any right, email hello@bearinstudio.com. Bear in Studio Ltd will respond within one calendar month.
13.7 ICO Complaints
If you consider that your data protection rights have been infringed, you have the right to complain to the Information Commissioner's Office at www.ico.org.uk or by calling 0303 123 1113. You also have the right to seek a judicial remedy.
13.8 Data Retention
Conversation data is retained for as long as your Masculine Frame membership is active. Following termination of membership, data is retained for 6 months for legal compliance and dispute resolution purposes, after which it is deleted. You may request earlier deletion of your data at any time under Section 13.6(c), subject to applicable retention obligations.
PART SEVEN: INTELLECTUAL PROPERTY
14. Ownership
14.1 BSIS, including its software, source code, architecture, AI system configuration, interface design, prompts, templates, workflows, and all other components, is the exclusive intellectual property of Bear in Studio Ltd or its licensors.
14.2 The Bear in Studio name, logo, and all associated brand identifiers are the intellectual property of Bear in Studio Ltd.
14.3 This Agreement does not transfer any intellectual property rights to you. You receive a limited, revocable, non-exclusive, non-transferable personal licence to access and use BSIS for your own personal use for the duration of your Masculine Frame membership.
14.4 You must not reproduce, copy, distribute, modify, create derivative works from, reverse-engineer, decompile, or commercially exploit any part of BSIS without Bear in Studio Ltd's prior written consent.
15. AI-Generated Outputs
15.1 AI outputs generated within BSIS are produced by automated systems. Bear in Studio Ltd makes no representation regarding the intellectual property status of AI-generated content under applicable law. You may use AI outputs generated in your personal BSIS sessions for your own personal, non-commercial purposes only.
15.2 You must not represent AI outputs generated within BSIS as your own original work in any context where such representation would be misleading or in breach of any applicable obligation.
PART EIGHT: ACCEPTABLE USE
16. Permitted Use
16.1 BSIS is licensed for your personal, non-commercial use only, for the purposes of personal productivity, goal tracking, logging, and AI-assisted planning in connection with your Masculine Frame membership.
17. Prohibited Use
17.1 You must not use BSIS:
(a) for any unlawful purpose or in breach of any applicable law or regulation;
(b) to input, store, or transmit content that is unlawful, harmful, threatening, harassing, defamatory, obscene, or objectionable;
(c) to input content relating to active medical emergencies, active suicidal ideation, or active mental health crises. In such circumstances, contact appropriate emergency or crisis services immediately;
(d) to include personal health information, medical conditions, or other special category data in web search queries;
(e) to attempt to manipulate, jailbreak, circumvent, or exploit the AI systems within BSIS;
(f) to attempt to gain unauthorised access to the BSIS backend, database, admin functions, or another user's data;
(g) to attempt to reverse-engineer, decompile, or extract the source code, AI configuration, or any proprietary component of BSIS;
(h) to input, extract, or process third-party personal data without appropriate legal authority;
(i) on behalf of any third party without Bear in Studio Ltd's prior written consent;
(j) in any way that places excessive load on the Application's infrastructure or interferes with other users' experience.
17.2 Bear in Studio Ltd reserves the right to remove any User Content that violates this Agreement and to suspend or terminate access without notice where a serious breach occurs.
PART NINE: LIABILITY AND INDEMNIFICATION
18. Statutory Rights: Not Affected
18.1 Nothing in this Agreement removes or limits your statutory rights under the Consumer Rights Act 2015, the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013, or any other applicable law that cannot lawfully be excluded or limited.
18.2 BSIS constitutes digital content and/or services subject to the Consumer Rights Act 2015. Where BSIS fails to conform with the applicable statutory requirements, you may have remedies under that Act. Please contact Bear in Studio Ltd in the first instance to seek resolution.
19. Disclaimers
19.1 Subject to Section 18, BSIS is provided on an "as is" and "as available" basis without warranty of any kind. Bear in Studio Ltd disclaims, to the fullest extent permitted by law:
(a) any implied warranty of fitness for a particular purpose (beyond the general purpose of personal productivity and organisation);
(b) any warranty that AI Content is accurate, complete, safe, or appropriate for any specific use;
(c) any warranty that BSIS will operate without interruption, error, or data loss;
(d) any warranty that BSIS or the AI systems are free from defects, vulnerabilities, or security weaknesses.
19.2 Bear in Studio Ltd does not warrant the accuracy, safety, or suitability of outputs produced by Google's AI systems or search results retrieved by Tavily. All outputs are automated and may be wrong.
20. Limitation of Liability
20.1 Absolute limits, these cannot be excluded or restricted:
Nothing in this Agreement limits or excludes Bear in Studio Ltd's liability for:
(a) death or personal injury caused by Bear in Studio Ltd's own negligence;
(b) fraud or fraudulent misrepresentation;
(c) breach of the implied terms under the Consumer Rights Act 2015 that cannot lawfully be excluded;
(d) any other liability that cannot be excluded or limited under the law of England and Wales.
20.2 What Bear in Studio Ltd is not liable for:
Subject to Section 20.1, Bear in Studio Ltd is not liable for:
(a) any indirect, consequential, incidental, special, or punitive loss of any kind;
(b) loss of profit, revenue, data, goodwill, or anticipated savings;
(c) physical injury, illness, adverse health outcomes, or harm arising from decisions made in connection with your use of BSIS, including decisions informed by AI Content;
(d) any loss arising from reliance on AI Content as a substitute for independent judgment or professional advice;
(e) any loss arising from inaccurate, incomplete, or misleading User Content you input;
(f) any interruption, failure, or loss of data arising from the DigitalOcean hosting infrastructure, Google's API services, or Tavily's search services, beyond Bear in Studio Ltd's reasonable control;
(g) any loss resulting from unauthorised access to your account where such access results from your failure to secure your credentials;
(h) the accuracy, completeness, or reliability of web search results retrieved through the Tavily search feature.
20.3 Aggregate liability cap:
Subject to Section 20.1, and to the extent a cap is fair and lawful to impose in the circumstances of the claim under the Consumer Rights Act 2015, Bear in Studio Ltd's total aggregate liability to you for all claims arising under or in connection with this Agreement and your use of BSIS shall not exceed the greater of: (a) the amount paid by you for your Masculine Frame membership in the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred pounds sterling (£100).
21. Indemnification
21.1 You agree to indemnify, defend, and hold harmless Bear in Studio Ltd, its director(s), employees, contractors, and agents from and against any and all claims, liabilities, damages, losses, and costs (including reasonable legal fees) arising from:
(a) your breach of any provision of this Agreement;
(b) your violation of any applicable law, regulation, or third-party right;
(c) User Content you input into BSIS, including any content that is inaccurate, misleading, or unlawful;
(d) decisions or actions you take in connection with AI Content generated within BSIS;
(e) your misuse of the BSIS application or its AI features;
(f) any breach of the web search query restrictions set out in Sections 6.2 and 12.6;
(g) any claim by a third party arising from your use of BSIS.
PART TEN: TERM, SUSPENSION, AND TERMINATION
22. Term
22.1 This Agreement takes effect when you accept it at first use and continues for as long as your Masculine Frame membership is active, unless terminated earlier under this section.
23. Suspension and Termination by Bear in Studio Ltd
23.1 Bear in Studio Ltd may suspend your access to BSIS immediately and without prior notice if:
(a) you breach any provision of this Agreement in a material respect;
(b) your Masculine Frame membership is suspended or terminated for any reason;
(c) your use of BSIS causes or presents a material risk of harm to Bear in Studio Ltd, the system, or any third party;
(d) Bear in Studio Ltd is required to do so by applicable law or a competent authority.
23.2 Bear in Studio Ltd may terminate BSIS or materially change its functionality at any time. Where termination or material change is within Bear in Studio Ltd's control and not caused by circumstances beyond its reasonable control, Bear in Studio Ltd will provide reasonable advance notice.
24. Effect of Termination
24.1 On termination of this Agreement or suspension of access:
(a) your licence to use BSIS ceases immediately;
(b) you may request deletion of your personal data in accordance with Section 13.6.
24.2 The following sections survive termination: 4, 11, 12, 14, 15, 19, 20, 21, 25, 26, 27, 28, and 29.
PART ELEVEN: GENERAL PROVISIONS
25. Changes to This Agreement
25.1 Bear in Studio Ltd may update this Agreement at any time. The current version number and effective date are shown at the top of this document.
25.2 Where changes are material, Bear in Studio Ltd will provide advance notice through the Application or by email. Where a new acceptance screen is presented, continued use of BSIS constitutes acceptance of the revised Agreement. Where changes fundamentally alter your rights, re-acceptance will be required before continued access.
25.3 If you do not agree to an updated Agreement, you must stop using BSIS before the effective date of the update.
26. Entire Agreement
26.1 This Agreement constitutes the entire agreement between you and Bear in Studio Ltd with respect to your use of BSIS specifically. It supersedes all prior communications, representations, or understandings between the parties regarding BSIS.
26.2 This Agreement does not supersede, vary, or affect any other documents governing your Masculine Frame membership, which continue to apply according to their own terms.
27. Severability
27.1 If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, unlawful, or unenforceable to any extent, that provision shall be severed from the Agreement and the remainder shall continue in full force and effect. The parties shall use reasonable efforts to agree a replacement provision that achieves, as closely as possible, the same commercial and legal effect as the severed provision.
28. No Waiver
28.1 No failure or delay by Bear in Studio Ltd in exercising any right or remedy under this Agreement shall constitute a waiver of that right or remedy. A waiver of any breach does not constitute a waiver of any subsequent breach.
29. Assignment
29.1 Bear in Studio Ltd may assign its rights and obligations under this Agreement to any successor entity or in connection with a sale of the business or its assets, without your prior consent, provided that the successor assumes all obligations under this Agreement.
29.2 You may not assign, transfer, or delegate your rights or obligations under this Agreement without the prior written consent of Bear in Studio Ltd.
30. Force Majeure
30.1 Bear in Studio Ltd shall not be in breach of this Agreement or liable for any delay or failure to perform its obligations under this Agreement where such failure arises from circumstances beyond Bear in Studio Ltd's reasonable control, including but not limited to: Google LLC service outages, DigitalOcean infrastructure failures, Tavily service outages, internet disruptions, government action, natural disasters, or other events outside Bear in Studio Ltd's reasonable control.
30.2 Bear in Studio Ltd will notify you of any force majeure event as soon as reasonably practicable and will take reasonable steps to resume normal service.
31. Governing Law and Jurisdiction
31.1 This Agreement and any dispute or claim arising out of or in connection with it or its subject matter (including non-contractual disputes) shall be governed by and construed in accordance with the law of England and Wales.
31.2 The courts of England and Wales shall have exclusive jurisdiction to settle any dispute arising under or in connection with this Agreement, subject to your right as a consumer domiciled outside England and Wales to bring proceedings in the courts of your country of domicile.
PART TWELVE: CONTACT
32. Contact Information
For all questions, data subject requests, consent withdrawals, or concerns relating to BSIS or this Agreement:
Bear in Studio Ltd, London, United Kingdom
Email: hello@bearinstudio.com
Response time: all enquiries within five business days; formal data subject requests within one calendar month.
© Bear in Studio Ltd. All rights reserved. Company registered in England and Wales, number 14642085.
Bear in Studio Ltd · Company No. 14642085 · Registered in England & Wales
39 Goldhawk Road, London, W12 8QQ · hello@bearinstudio.com