Automaise, (“Automaise”, “we”, “our”, or “us”) provides an online software as a service (“SaaS”) platform that enables businesses (also referred as users) to create and deploy intelligent automations (also referred as “Digital Assistants” or “Virtual Employees”) to automate answering on a given channel (Facebook Messenger, WebChat, Twitter, E-mail, WhatsApp, etc.) on behalf of businesses, as well to automate replying to Businesses’ social media comments and posts.
These General Terms of Service (“Terms of Use”) are a legal agreement between you (“you,” “your”) and Automaise. (”Automaise,” “we,” “our” or “us”) and govern your use of Automaise’s services, including web portal, website, virtual employees, chatbots, and other products and services (collectively, the “Services”). If you are using the Services on behalf of a business, that business accepts these terms.
PLEASE READ THESE TERMS CAREFULLY TO ENSURETHAT YOU UNDERSTAND EACH PROVISION.
Automaise reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.
BY USING OR CONTINUING TO USE THE Automaise SERVICE OR BY CLICKING “I’ve read and accepted Anna’s terms & conditions” YOU AGREE TO USE THE Automaise SERVICE AND OTHER Automaise CONTENT SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (16) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE Automaise SERVICE, OTHER Automaise CONTENT, OR Automaise PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM “YOU” WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE SERVICE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICE OR OTHER Automaise CONTENT.
Subject to the terms and conditions of these Terms, Automaise grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Automaise Service, solely to the extent necessary for you to configure your automation (aka “Virtual Employe” or “Digital Assistant”) in order to automate your business conversational channels (e.g. E-mail, WhatsApp, Facebook Messenger, Skype, Slack, WeChat, Telegram, etc.).
You will access (or attempt to access) Automaise Service only as expressly permitted by these Terms and the means described in the documentation or instructions Automaise provides.
We do not guarantee the total accuracy of the Automaise Service, including any output generated in connection with your use of the Automaise Service. You acknowledge and agree that you use and rely on the Automaise Service at your own risk, and that Automaise will not be liable for any errors or inaccuracies of any Automaise Service output.
Automaise may, but is under no obligation to, monitor the use of the Automaise Service to ensure quality, improve Automaise services, or verify your compliance with these Terms. You will not interfere with such monitoring.
You will use the Automaise Service only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the Automaise Service to encourage or promote illegal or dangerous activity. You also will require any end users, customersor potential customers (“End Users”) of your business’s automation (“Virtual Employee”, “Digital Assistant”) to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.
Your Automaise subscription is based on a pay-as-you-go and will automatically renew at the end of each billing cycle unless you disable your Virtual Employee through your online account management page (i.e. “Portal”), or by contacting our customer support team. Pay-as-you-go billing will automatically stop on the moment you disable your(s) virtual employee(s).
When using Automaise Service, unless otherwise approved in writing by Automaise, the following prohibitions apply:
You will not create an Application or Service that functions substantially the same way as the Automaise Service and offer it for use by third parties (i.e. be a Automaise competitor).
You will not use the Automaise Service onbehalf of any third party, unless such third party has expressly authorized youto access and use the service under its account.
You will not copy, rent, lease, sell, transfer,assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable legal law), modify or alter any part of the Website or the Automaise Service as a whole.
You will not use the Automaise Service inconnection with any Device, Application or Service that is targeted to children under the age of sixteen (16).
You will not perform an action with the intent of introducing to the Website or Automaise Service or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
You will not use the Automaise Service, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
You will not use the Automaise Service in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may beharmful (in Automaise’s sole discretion) to Automaise, its service providers, its suppliers, end users of the Automaise Service, End Users, or any individual or entity.
You will not use the Automaise Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
Youwill not: (i) interfere with or disrupt the Website, Automaise Service, or the servers or networks providing the Service; (ii) tamper with the security of the any of the hardware, software or networks used by Automaise to make the Website, or Automaise Service available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Automaise; or (iv) permit others to do any of the foregoing.
Automaise reserves the right to investigate any business’s automation (“Virtual Employee”, “Digital Assistant”) for compliance with theseTerms. Such investigations may include Automaise accessing and using your Virtual Employee, for example to identify stability or security issues that could affect Automaise or its customers. You consent to any such investigation. Automaise may immediately suspend or terminate access to the Website and the Automaise Service and therefore to the business’s Virtual Employee without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.
“Customer Data” means any and all information you provide to or through the Website, or the Automaise Service, including, but not limited to, Virtual Employee configurations, frequent questions’ answers, text messages, other texts, pictures or videos entered by you, Profile Content (as defined below), and data that relates to any End Users or such End Users’ use of Virtual Employee (“End User Data”). You acknowledge and agree that you are solely responsible for obtaining all required consents from End Users in connection with any use of your Virtual Employee and the Automaise Service, which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Before collecting any End User Data or other information from End Users, you must provide adequate notice of what End User Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Virtual Employee will comply with all privacy laws and regulations in connection with your access and use of the Automaise Service. You will provide and adhere to a privacy policy for your Virtual Employee that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what data and user information you collect (such as personally identifiable information, login information, etc.) and how you use and share such information with Automaise and third parties. You understand that by using the Automaise Platform, you consent to the collection, and use of any Customer Data (including personal information and aggregate data) as set forth in our Privacy Policy, and to have Customer Data collected, used, transferred to and processed in the European Union. You shall be solely responsible for your Customer Data and the consequences of making it available on or through the Automaise Platform.
You understand that by using the Automaise Service you consent to the collection and use of your personally identifiable information and Customer Data as set forth in our Privacy Policy, and to have your personally identifiable information and Customer Data collected, transferred to and processed in the European Union. For more information about privacy please read our privacy policy.
Automaise cares about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any the Automaise Service, or any authorized or unauthorized use of your Virtual Employee.
When you register for an Automaise account, we will automatically create a business profile on the Automaise Service under your username (“Automaise Profile”), and you expressly authorize us to create a Automaise profile on your behalf. You acknowledge and agree that any Customer Data that is available to the Automaise Service to be used as training/improvement data for the Artificial Intelligence (“AI”) and Natural Language Processing (“NLP”) algorithms, as provided in these Terms (including, without limitation, the Automaise Privacy Policy), will be populated into your Automaise Profile. Automaise takes no responsibility and assumes no liability for any Profile Content that you or any other Automaise user or third-party posts or otherwise makes available on or through the Automaise Service. You shall be solely responsible for your Profile Content and the consequences of making it available through the Automaise Service.
Automaise does not acquire ownership of your Customers or Customer Data by your use of the Automaise Service and its Virtual Employees. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Profile Content, and other information you make available in connection with your use of the Automaise Service and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Automaise Service on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the Automaise Service. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Profile Content) and any use thereof in connection with the Automaise Service will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.
In connection with the operation of the Automaise Service, Automaise receives, processes, utilizes, and analyzes Customer Data. You retain ownership of your Customer Data. However, notwithstanding anything to the contrary, you hereby grant Automaise a license to: (i) use and anonymize your Customer Data to provide and improve the Automaise Service; (ii) use your anonymized Customer Data for Automaise’s internal business purposes; (iii) disclose your Customer Data as may be required by law or legal process; and (iv) otherwise use and disclose your Customer Data in accordance with the Automaise Privacy Policy. Without limiting the foregoing and regardless of your Virtual Employee purpose, you agree that Automaise is expressly and irrevocably authorized to utilize, analyze, modify, reproduce, publish, share, create derivative works of, or otherwise exercise all rights in your Customer Data and any analytics, statistics or other data related to or derived from your Customer Data and/or your use of the Automaise Service for any purpose, provided that such data is in aggregate and anonymized form (“Aggregate Data”). Subject to the Customer Data licenses, you acknowledge and agree that Automaise will exclusively own all right, title, and interest in and to all Aggregate Data and other output data generated by the Automaise Service. Notwithstanding anything to the contrary, if you ever have any ownership interest in any Aggregate Data or output data, you hereby assign to Automaise all such right, title, and interest in and to such Aggregate Data and output data, including all intellectual property rights therein.
By using our Website or Automaise Service, you do not acquire ownership of any rights in our Website, the Automaise Service, or any data, content or information that is transmitted or accessed through our Service. Except for your Customer Data, as between you and Automaise, the Automaise Service, and all data, content, and information that is contained in or transmitted or accessed through our Website, Service or Virtual Employees, including, without limitation, software, expressions, intents, entities, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of Automaise and its licensors.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any Automaise products, services or Virtual Employees, we may use such information without any obligation, of any kind, to you.
The Website and Automaise Service are protected by European intellectual property laws, including without limitation copyright laws, and international treaty provisions. You will not remove or alter any proprietary notices or marks on the Automaise Service. You will not reverse engineer or attempt to extract the source code from any API, the Automaise Service, or any related software, except to the extent that this restriction is expressly prohibited by applicable law. You also will not sublicense, lease, rent, loan, distribute, sell, transfer or make available the Website, APIs, Virtual Employees, or the Automaise Service to any third party except as specifically permitted by these Terms or by a written consent by Automaise. Automaise Content, Virtual Employees and Services are licensed and not sold. Automaise reserves all rights not expressly granted in these Terms.
We reserve the right to modify or update Automaise’s Website, Portal, Virtual Employees and/or any other aspect of Automaise Service at any time, for any reason, and without notice to you. If Automaise makes updates, revisions, breaking changes we guarantee back compatibility except for any discontinued where we reserve the right to eliminate without any obligation to you or your customers and End Users. We are constantly changing and improving our Virtual Employees and Automaise Service. As stated above, we may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that some scenario or flow will function with any future or modified versions of any Automaise Service.
Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively refered as “marks”).
You agree to display any attribution(s) required by Automaise as described in any documentation for the Virtual Employee or other Automaise materials. Without limiting the foregoing, users and businesses must display “Powered by Automaise” and a required link to www.Automaise on any deployed Virtual Employee. Automaise grants to you a limited, freely revocable, nontransferable, non-sublicensable, nonexclusive license during the term of your subscription to display Automaise’s marks solely for the purpose of promoting or advertising that your use the Automaise Service. You must only use the Automaise marks in accordance with these Terms. You understand and agree that Automaise has the sole discretion to determine whether your attribution(s) and use of Automaise’s marks is in accordance with the above requirements and any applicable guidelines.
You will not make any statement regarding your use of the Automaise Service that suggests partnership with, sponsorship by or endorsement by Automaise without Automaise’s prior written approval.
In the course of promoting, marketing, or demonstrating the Virtual Employees you are using, Automaise may produce and distribute incidental depictions, including screenshots, video, or other content from your Virtual Employee, and may use your company or product nameand logos. You hereby grant Automaise all necessary rights for these purposes.
You may change your Virtual Employee provider or stop using our Virtual Employees and other Automaise Services at any time. If you want to terminate your accountand these Terms, you must email us at team@Automaise and inform us of your intention to cancel your account (“Termination Notice”). At that point, all your data and customer data will be destroyed. Still, Automaise reserves the right to keep and use a fully anonymized (i.e. without any personally identifiable information) copy your customer data. Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. Automaise has the right to immediately terminate these Terms or discontinue your use of the Website, Automaise Service, Virtual Employee or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any Automaise Virtual Employee, you must immediately cease all use of the Automaise Service.
Your data, the business data and/or User’s Personal Data may be used for legal purposes by Automaise, in Court or in the stages leading to possible legal action arising from improper use of this Service or the related services. The User declares to be aware that Automaise may be required to reveal personal data upon request of public authorities.
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered solely under the Portuguese law. Any litigation against the Company may be commenced in the Portuguese courts located in the municipality of Braga. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes.
Last updated on April 16th, 2018
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