TERMS OF SERVICE

CHEQ and Talk-A-Bot’s chatbot solutions

 

These terms of service form a binding agreement and describes your the rights and responsibilities when using our chatbot solutions.

Without accepting these Terms of Service, we are sorry, but you have no right to use our chatbots.

By using and accessing our chatbots you are bound to agree to:

In case of individual chatbot solutions our Customers regulations and policies (such as terms of use, privacy policy) are binding terms as well.

 

By accepting these terms, you represent that they have reached the age of majority where you live or reside; otherwise your consent is only valid with the approval of your legal representative, which must be obtained before starting to use our Chatbot Solutions.

 

  1. In these Terms of Service the following definitions shall apply:

 

Terms of Service mean the most recent version of this document at the time of using our chatbots;

 

CHATBOT and/or CHATBOT SOLUTION means a conversational program with an artificial intelligence conducts a one-to-one dialogue via auditory or extual methods. Such programs are often designed to convincingly simulate how a human would behave as a conversational partner. Chatbots are typically used in dialog systems for various practical purposes including customer service or information acquisition. Today, most chatbots are accessed via messaging apps such as Facebook Messenger or Rakuten Viber, or via individual organizations’ apps and websites (web widgets). Chatbots can be classified into usage categories such as conversational commerce (e-commerce via chat), analytics, communication, customer support, design, developer tools, education, entertainment, finance, food, games, health, HR, marketing, news, personal, productivity, shopping, social, sports, travel and utilities.

CHATBOT framework means the past, present and future content of a software and the related functionality, technology, product and service developed by Talk-A-Bot, including but not limited to the design and structure, texts, images, photographs, illustrations, compilations, graphic material, broadcasts, advertising slogans, databases, proprietary information, all elements of the Chatbot Solution protected by copyright or other right (including source and object codes) and all other material that can be linked to Talk-A-Bot and our Chatbots and CHEQ itself, the arrangement, choice and sequence of the elements within the chatbot solution, the main characteristics of the design, all trademarks, protected services, company name, logos, domain names, patents and all intellectual products which are protected by copyright and proprietary rights and are the property of Talk-A-Bot;

 

CHEQ means a special Chatbot Solution tailor made primarily for supporting the communication of internal circles (such as B2B communication, employee communication) developed by Talk-A-Bot and operating on different Platforms;

 

Talk-A-Bot means an innovative start-up chatbot service provider, the sole owner and operator of its developed Chatbot Solutions, Talk-A-Bot Limited Liability Company (seat: Pusztaszeri road 5., 2nd floor 1, Budapest H-1025; Company Registration No.: 01-09-286391; Tax No.: 25735967-2-41; Website: https://talkabot.net/; E-mail: info@talkabot.net);

 

Customer is a tipically a legal entity or a workspace that has entered into a separate individual chatbot service agreement with Talk-A-Bot;

User means all individuals who interacts with our chatbots directly or indirectly any of the available Platforms, either using their e-mail address, phone number or social network profile;

BUSINESS USER means those natural persons using our chatbots who are associated to our CUSTOMERS in any kind of relationship (such as employees, subscribers, clients; other interested parties, suppliers, commercial agents of the Customers) and registered or subscribed using a Customer’s related email address on our Customers’ social platforms or own website, alternatively received an invitation from his/her workspace, the Customer, for registration and subscription purpose;

ADMIN USER means those individuals using the admin surface of our Chatbot Solutions who are associated to our Customers and oversees admin tasks as regards our chatbot solutions;

INDIVIDUAL CHATBOT SERVICE AGREEMENT means the contract between Customers and Talk-A-Bot;

 

Platform means the interface environment where Users can use our chatbots and can have a look at the Content, such as Viber, Messenger, WhatsApp, telegramm or web widget;

DATA means information or Content uploaded, posted, transmitted or otherwise made available by Users or for the purpose of operating our chatbots by Customers, via our chatbots, including messages, files, comments, custom texts written by Users, profile information, username, metadata and token data, avatar, country, language, contact information, phone number, e-mail address, individual ID, internal ID, position, workplace given by our Customers and Users;

 

Content means the entire chatbot and all of the information, text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through chatbots;

 

GDPR FLOW means the opening Content and introduction steps together with the applicable privacy policy and all information about how the personal data is managed and controlled while using our Chatbots made available on the Platform. Users must provide their consent – which is any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her – to the processing of personal data as well as Users must be provided the relevant privacy policy when start using our Chatbots; from time to time Users will be informed about any updates as for the relevant privacy policy.

 

  1. Entire agreement

 

Unless Talk-A-Bot and Customer enter into an Individual Chatbot Service Agreement, this Agreement together with the applicable privacy policy constitutes the entire agreement between Parties and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter.

In case Talk-A-Bot and Customer enter into an Individual Chatbot Service Agreement, the person signing on behalf of the Customer represents and warrants that the Customer has validly entered into the Individual Chatbot Service Agreement with Talk-A-Bot and has the legal power to do so. Currently, the parties are independent contractors. The Individual Chatbot Service Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. There are no third-party beneficiaries to the Contract.

 

  1. General Terms for using our chatbots

 

3.1. The way of using our chatbots:

  • Talk-A-Bot provides Users with access to Chatbot Solution;
  • Customers can define the following ones related to the chatbot in the Individual Chatbot Service Agreement: used languages and Platforms, issues and questions Users can address to the chatbot, answers for the model questions and issues which the chatbot will answer upon certain interactions;
  • in case Users sign up for a chatbot using their corporate email domain, Customer can anytime modify Users’ roles on workplace and otherwise exercise its other rights (such as cancel the access to the Chatbot when the User is not related to the Customer any more for any reason) and any applicable policy;
  • Customers may display information about its own advertisements and special offers as well as those of its contracted partners;
  • Customers grant Talk-A-Bot the right to use their company name and logo as a reference for marketing or promotional purposes on our website and in other public or private communications with our existing or potential developers and customers, subject to the standard trademark usage guidelines as provided to Talk-A-Bot;
  • Users may submit content or information to the Platform, such as messages or files and Customer may exclusively provide Talk-A-Bot with instructions on what to do with such content and the User submitting such content, including Customer may provision or deprovision access to the chatbot, enable or disable third party integrations, manage permissions, retention and export settings;
  • when start using our chatbots, Users are informed about the policies that are relevant using chatbots, including processing of personal data;
  • Talk-A-Bot and Customer reserve the right to deny access to chatbots and remove Content without undertaking any obligation in this respect;
  • Talk-A-Bot reserve the right to update the Terms of Services and all applicable policies at any time by amending this page as our Chatbot Services are still evolving, and so we need flexibility to occasionally make changes to our chatbot solutions in order to expand, improve and develop our servicesTalk-A-Bot will try to give notice of these changes, but please check this page and visit the most current versions of the other pages that are related to the chatbot Users are using from time to time to take notice of any changes, as they are binding on you. It is also worth to follow our social media accounts and pages for updates;
  • Talk-A-Bot and Customers reserves the right to update the applicable privacy policy of the chatbot at any time by amending the GDPR Flow of the chatbot being used; Users will be informed about such changes as updated policies must be accepted before continue using the chatbots.

 

3.2. In case of CHEQ, the following additional conditions are applicable:

  • Users can only access to our chatbots upon invitation received from our Customers approving to use the chatbot and providing certain information to identify Users are associated to Customers;
  • Customers can provide Talk-A-Bot and/or the chatbot with an individual ID (such as a token, certain number of ID or taxation number associated to Customer) for identification purpose;
  • Customers can also charge Admin Users with access to the chatbot (different level of access with different admin passwords might be used);
  • Admin Users sign in the Platform with the password given; to change the password is suggested upon first signing in to CHEQ;
  • Customers can request unique Avatars (profile, graphical representation of the Users) or use Talk-A-Bot provided Avatars (profile picture);
  • Admin Users can change their Avatars from the offered set;
  • on the Platform Customers and their Admin Users can: create and send messages to target groups and individuals; analyze list and arrange sent messages; use HCC (in case Customers decides to maintain a hybrd chatbot – beside automatic messages in the live chatbot an authorized Admin User can answer and react Users interactions in a one-to-one chat window; use dashboard for listing all data in the chatbot

 

3.3. By accepting these Terms of Use the Users:

  • may only use the chatbots for the purposes permitted by the Terms of Service;
  • grant Talk-A-Bot and the Customer the right to use any content that they submit via the chatbots as necessary for Talk-A-Bot and Customer to provide the service to Users;
  • expressly consents to being sent service communications and administrative messages – to the contact details which was given by the Users upon registration – related to the use of chatbot;
  • consent that Talk-A-Bot and the Customer may handle through the chatbots their personal data given by Users or absolutely essential for the operation of the functions of the chatbot;
  • are not granted the right to use images, signs, logos, brands or emblems used in the chatbot.

 

3.4. Restrictions:

 

Unauthorized use of chatbot is not permitted, in particular the chatbot may not be used on a Platform other than that provided by or in a manner differing from the instructions given by the Customer in its invitation letter or in a way dfferenting from the terms defined in the present Terms of Service.

 

Users:

  • are not entitled to change, let, lease, lend, sell, divide or decrypt in whole or in part the chatbot solution or information learnt while using it;
  • may not carry out any activity that may interfere with the chatbot solution (or with the servers and networks which convey information during use and/or are connected with the chatbot);
  • do not acquire the right to copy, distribute, sell or lease parts of the chatbot solution belonging to Talk-A-Bot;
  • are not entitled to decrypt the chatbot solution or attempt to obtain or otherwise derive source code, trade secrets, or know-how or any portion thereof;
  • do not acquire any intellectual property right or the content accessible on and originating from chatbot;
  • are not entitled to work around any technical limitations of the chatbot;
  • are not entitled to modify, reverse engineer or otherwise alter the chatbot;
  • are not entitled to use the bot in any way prohibited by law, regulation, governmental order or decree;
  • are prohibited from using the bot to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  • are not entitled to engage in activity that is false or misleading or that is harmful to others (including children), or the chatbot;
  • are not entitled to share inappropriate content, advertising, spam, spyware or malware;
  • are not entitled to gain (or attempt to gain) unauthorized access to any service, data, account or network by any means; Infringe upon the rights of others;
  • are not entitled to use the chatbot anywhere other than the Platform where the chatbot has been made available, unless the bot publisher has enabled such uses;
  • are not entitled to remove, modify, or tamper with any notice or link that is incorporated into the bot;
  • are prohibited from degrading or compromising security in any way;
  • are prohibited from including misleading statements about chatbot functionality, performance, origin or Data use;
  • are prohibited from transmitting any viruses or other code that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system or Data.

 

3.5. The User takes note of the following:

  • Users are responsible for maintaining the privacy and security of their account;
  • Talk-A-Bot and Customers will not be held liable for any damage or loss that may result from Users failure to protect their login information, including yur password;
  • if while using the chatbot the personal data of a third party is recorded, obtaining the consent required for that person’s data to be processed and to be transferred to the chatbot is Users responsibility;
  • the controller of the data is the Customer;
  • Talk-A-Bot is typically the data processor requested by Customer to process data on behalf of;
  • the staff of Talk-A-Bot and Customer engaged in the operation of the chatbot and providing the services available through the chatbot may learn Users personal data provided it is absolutely necessary in order to achieve the purpose of the use of the data;
  • data handling is voluntary; the legal basis for processing personal data is the voluntary consent of the Users under GDPR, further information is available in our Privacy Policy;
  • in order to operate some functions of the chatbot, we work together with third parties and external service providers, as it is essential for Users personal data to be transmitted to or used via these parties to the extent and for the time necessary for the functions to operate.

 

3.6. Talk-A-Bot is responsible for:

  • providing and supporting services;
  • making the chatbot solutions available to Customer and its authorized End Users as described in the Individual Chatbot Service Agreement;
  • not using or processing Personal Data for any purpose without Customers’ and Users’ prior written instructions;
  • not materially decreasing the functionality of Chatbot Solutions until the Individual Chatbot Service Agreement is in force between Talk-A-Bot and Customer;
  • using commercially reasonable efforts to make the Chatbot Solutions available 24 hours a day, 7 days a week, excluding planned downtime and having regard chatbot solutions individual SLA terms are defined in our Individual Chatbot Service Agreement entered into by and between Talk-A-Bot and Customer;
  • doing its best for security and data protection.

 

  1. Security and Data Protection

 

While providing a high-quality user experience, security and data protection has always been a high priority for Talk-A-Bot. For the purpose of maintaining a private, confidential and safe chatbot environment, we shall take the reasonable administrative, physical, and technical safeguards, such as measures for preventing unauthorized access, use, modification, deletion and disclosure of Personal Data.

We aim to choose our partners who can ensure maintaining similar security and data protection practices. However, we are not able to cover every aspect of safeguarding our chatbots. For example, Customers and Users are responsible for their own adequate security and protection measures when they are in the possession or control of personal data. Protecting data must be essential for everyone. We are not responsible for what Customers do with Users Data, and we are not responsible for Users and Customers bad data stewardship practices, network and the operating system and software of their web servers, databases, and computer systems, proper configuration, secure operation and storage.

Anyway, to protect Users and our Chatbot Services, Talk-A-Bot reserves the right to take any action it deems necessary if anything violates the secure operation for the chatbots.

 

Talk-A-Bot aims to minimize the scope of requested and used data only to those ones which is required and appropriate for our chatbots functional operating. We warn Users not to provide sensitive, private, and confidential personal information, such as credit card numbers or passwords unless they are specifically necessary for the legitimate function of the chatbot. We request our Customers to inform Users about how their data is used and provide public and easy access to the applicable privacy policy which explaines clearly how the chatbot collects, uses, processes and stores Data, and what control Users have over their Data. This is what GDPR Flow is for. A few additional information – on how we collect and use data relating to our websites and chatbot solutions – are defined in the policies available at the website of Talk-A-Bot. Please have a look at them.

In the course of operating the chatbots, Talk-A-Bot and Customers could handle the following data and the chatbots may access the following functions of the device (such as mobile phone, iPad, computer) Users are using chatbots:

  • In case of viber: name; including viber Username, Avatar, Country, Language, Poll votes, Uploaded Videos, Uploaded images, Custom texts written by users, user events defined by Viber;
  • In case of messenger: user identifier;
  • e-mail address;
  • personal data featured in the e-mail text;
  • phone number;
  • data of contact persons;
  • user identifier given by the Customer for the purpose of identifying the authorized user and operating for the chatbot;
  • Facebook, Google+ or Addressbook identifier;
  • device identifier;
  • GPS data for actual position, cell information;
  • profile picture;
  •  
  1. Licence

 

Subject to the restrictions below, Talk-A-Bot provides the chatbot for non-commercial, non-exclusive, non-transferable, restricted personal use and the chatbot may be used for no other purpose without the prior written consent of the Talk-A-Bot. Users agree to satisfy all copyright requirements, information and restrictions which may be found in any part of the chatbot. The User may not alter, delete or mask any copyright mark, trademark, patent or similar mark in the chatbot, including in downloadable, forwarded, presented or printed parts of the chatbot or parts reproduced by any other means. Users and Customers agree not to resell, duplicate, reproduce or exploit any part of the chatbot unless Talk-A-Bot has provided and express written permission to do so.

 

All rights not expressly granted by this Terms of Service are hereby retained.

  1. General Conditions

Chatbots are provided as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Talk-A-Bot makes no warranties regarding

(i) Users’ ability to use the chatbot,

(ii) Users’ satisfaction with the chatbot,

(iii) that the chatbot will be available at all times, uninterrupted, and error-free, and

(iv) that bugs or errors in the chatbot will be corrected immediately.

Talk-A-Bot is neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the chatbot. Users are in the position to remedy their dissatisfaction with the chatbot is to stop using it.

Users agree

(i) not to act in a way that risks damaging, deactivating, or overloading our Chatbot Solutions and its infrastructure;

(ii) not to distribute anything containing a computer virus or any code, file or software program intended to interrupt, destroy or limit the functionality of the chatbot or its infrastructure.

Content and Users shall be removed in case Talk-A-Bot or its Customers determine in their sole discretion they are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

  1. Severability

If any provision or part of this Agreement is held to be illegal, invalid or unenforceable in whole or in part, under any applicable laws, such provision or part will be deemed not to form part of this Agreement, but the legality, validity and enforceability of the remainder of this Agreement will not be affected.

  1. Waiver

No failure, delay or partial exercise on the part of either Party hereto of any right or remedy under this Agreement shall be construed or operate as a waiver hereof unless made in writing signed by the waiving party and such waiver shall be effective only with respect to the specific obligation described. The waiver by either Party of a breach of any provision of this Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach of the same provision or another provision of this Agreement. The rights and remedies provided in this Agreement are cumulative and are not exclusive of any rights or remedies provided by law.

 

  1. Limitation of liability

 

In no event will Talk-A-Bot have any liability arising out of or related to the Terms of Service to Users, Customers or to any third party for any lost profits or revenues or for loss of income, loss of data or financial loss attributable to the chatbot or any indirect, special, incidental, consequential, cover or punitive damages exceeding the total amount Customers paid for our Services based on the Individual Chatbot Service Agreement in three (3) months preceding the last event giving rise to liability or USD 100, whichever is greater.

 

The limitation of liability indicated above applies to:

(i) anything related to the Chatbot and Chatbot Services;

(ii) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law;

(iii) cases when such remedy doesn’t fully compensate for all losses.

  1. Force Majeure

Neither Talk-A-bot nor its Customers will be liable by reason of any failure or delay in the performance of its obligations on account of events beyond the reasonable control of a party, which may include denial-of-service attacks, a failure by a third party hosting provider or utility provider, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

  1. Assignment

Neither party may assign or delegate any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party. In case of breaching this section, the non-assigning party is entitled to terminate the contract between the Parties upon written notice to the assigning party. Subject to the foregoing, the Contract and these Terms of Service will bind and inure to the benefit of the parties, their respective successors and permitted assigns.

  1. Third Party Products, External Service Providers

Talk-A-Bot’s Chatbot Services include Platforms that third parties may use to develop applications and software. However, such third-party products provide additional user experience and extra functions, please also bear in mind that these external parties have access to any Data that will be shared. As these are not our services, we do not warrant or support third party products and external service providers’ activities, Talk-A-Bot will not be responsible for any use, disclosure, modification or deletion of Data that is transmitted to, or accessed by, a third party and its product, ultimately Users and Customers will decide whether or not to use them. In case Users and Customers decide to enable them, they are solely responsible for any such use of third-party products via external service providers. Talk-A-Bot shall have no liability in any way for the conduct of third parties’ (so in particular, but not exclusively: Viber, Facebook, other applications, Customers, Users) public Platform that serves as a user interface for accessing the Chatbot Service or any change in their policies. Talk-A-Bot shall not be liable in any manner for the conduct of third parties (such as utilization and processing of the data by the Client, in case of hybrid chatbot the activity of the Customers’ subcontractors, Users’ act while using our chatbots).

 

Such External Service Providers are for example:

Facebook Ireland Ltd. Hanover Reach, 5-7 Hanover Quay, Dublin 2 Ireland, a company registered in Ireland under number 462932 (Facebook: Logging in, searching for/inviting friends and sharing)

Google Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, United States of America) Google+: Logging in, searching for/inviting friends and sharing; Google Push Notification server; Google maps server; Google Play Services;

Apple Inc. (1 Infinite Loop, Cupertino, California, USA, 95014) Apple GameCenter; Apple maps; Apple Push Notification server;

Viber Media S.à r.l., Attention: Data Privacy Officer, 2, rue du Fossé, L- 1536 Luxembourg, Grand Duchy of Luxembourg.

Microsoft Corporation: Microsoft Headquarters One Microsoft Way Redmond, WA 98052, USA

  1. Contract Term and Termination

In case of a User subscription, the contract continues until it is terminated freely by either of the parties, Talk-A-Bot and/or User.

In case of CHEQ, when a User subscribed using a Customer’s related email address or received an invitation from Customer, the contract continues until it is terminated freely by either of the parties, Talk-A-Bot and/or User, Customer User is associated.

In case of Customer subscription, the contract remains effective until the Individual Chatbot Service Agreement is in force between the parties. All user subscriptions are terminated, in case the Contract is expired or terminated.

Talk-A-Bot or Customer may terminate the Contract on notice to the other party if the other party materially breaches the Contract and such breach is not cured within thirty (30) days after the non-breaching party provides notice of the breach. Customer is responsible for its authorized End Users, including for any breaches of this Contract caused by them. Talk-A-Bot may terminate the Contract immediately on notice to Customer if Talk-A-Bot reasonably believe that Customer or its Authorized Users in violation of applicable law.

Upon any termination for cause by us, Customer will pay any unpaid fees covering the remainder of the term of the Individual Chatbot Service Agreement immediately after the effective date of termination. In no event will any termination relieve Customer of the obligation to pay any fees payable to us for the period prior to the effective date of termination.

Nevertheless, in case Talk-A-Bot or our Customers believes that Users are making unauthorized use of the chatbot or that Users are in violation of these terms, it may suspend or terminate Users’ access to the chatbot with or without notice. This may result in a loss of your data stored in the chatbot.

  1. Governing law

This Agreement shall be governed and construed in accordance with the laws of Hungary and any legal action or proceeding with respect to this Agreement shall be brought in Hungarian Courts.

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