PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS.
IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES.
These Terms of Service were last updated on the 4th August 2019.
Welcome to Chatamo, the platform that enables companies, agencies, developers and individuals to simply build, host, and manage voice and chat bots.
Please read these Terms of Service to understand the rules and restrictions that govern your use of our websites, products, services and applications (the “Service/s”).
If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at firstname.lastname@example.org or Futr AI, 1 Horse Guards Avenue, London, SW1A 2HU, United Kingdom.
2. The Services
- The Services are provided by Futr AI Limited (“us”, “we”) to you. Your use of the Services and any additional services introduced by us and contained within constitutes acceptance by you of these binding Terms of Service.
- Your use of the Services is also governed by and subject to the terms of polices of each of the channels you choose to make your bot available on, including, but not limited to:
- the Microsoft Azure Bot Services Agreement (located at https://www.botframework.com/Content/Microsoft-Bot-Framework-Preview-Online-Services-Agreement.htm), and
- the Alexa Voice Service Terms and Agreements and Alexa Voice Service Program Requirements (located at https://developer.amazon.com/public/solutions/alexa/alexa-voice-service/support/terms-and-agreements), and
- the Facebook Platform Policy (located at https://developers.facebook.com/policy), and the Facebook Commerce Product Merchant Agreement (located at https://www.facebook.com/legal/commerce_product_merchant_agreement), and
- the Polices for Actions on Google (located at https://developers.google.com/actions/policies/general-policies)
which are hereby incorporated by reference and are a part of these Terms.
You must be a minimum age of 18 to register on and use the Service. By registering and using the Service you warrant that you are 18 or older and understand your obligations under these Terms of Service.
4. Registration and Account Integrity
- As part of the registration process you will need to create an account, including a username and password. It is your responsibility to ensure that the information you provide is accurate, not misleading and relates to you. You cannot create an account or username and password using the names and information of another person or using words that are the trademarks or the property of another party (including ours), or vulgar, obscene or in any other way inappropriate. We reserve the right with or without notice to suspend or terminate any account in breach.
- Where we provide an organisation with a number of user licenses for the Service these must be adhered to. User licenses cannot be shared between users. A breach of this clause will result in termination of the abused account and/or all bots provided to the organisation.
- If for any reason you suspect that your username and password has been disclosed to or obtained by another party you should contact us immediately. Please note that we never contact users requesting them to confirm their username and password or other details.
5. Pricing, Plans and Features
- You may set up as may bots under your account as you wish.
- For current pricing and plans please see the pricing page located on our website.
- Any bot created by or used for the benefit of a company that is not defined as a ‘small’ organisation by the EU recommendation 2003/361, i.e. fewer than 50 employees and turnover / balance sheet less than / equal to €10m, will be charged on an enterprise licence basis to be determined by Futr AI Limited.
- We reserve the right to change pricing, plans and the features offered at any time and without notice to you.
6. Payment and Credit Control
- All bots are billed monthly in advance by default. You may select to pay annually in advance.
- If you create a bot on a paid tier, you will be charged a full month / year’s subscription at the point of creation. Your ongoing payment will be due from that date each month / year onwards (as applies).
- If you upgrade a bot from a free tier you will be charged the full tier price at the point of upgrade. Your monthly payment will be due from that date each month onwards. Where a bot has been paid for 12 months in advance, payment will be taken in full on each anniversary.
- It is a condition of use that a valid debit or credit card is provided at all times in order for your bot or bots to remain active.
- Where a credit or debit card payment request is made by us and is declined by your card company or bank (for whatever reason) access to your bot or bots may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your bot or bots.
- You many cancel your account or individual bot / bots at any time.
- Cancellation should be done using the facility provided within the Service or by emailing email@example.com.
- Cancellation by any other means, including (but not limited to) telephone call, fax, text or instant message is not valid.
- No refunds will be provided for remaining unused days under monthly or annual bot account or accounts.
8. Changing Service Tiers
- Users have the ability to upgrade their bots at any time.
- Where a bot is upgraded the new higher monthly charge will be applied immediately to the account for the additional amount due until the next usual date of the monthly charge.
- Where an annual subscription is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.
- There is no way to downgrade a bot and the user will be required to delete the bot and create a new one on a lower tier.
- Where a bot is deleted the user will be responsible for all the data within the bot and any loss of data caused by the removal of any bot. Users should copy their data prior to deleting a bot.
9. Trial and Offer Periods
- Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.
- Only one person may use a single trial account, the account cannot be shared amongst multiple individuals.
- These Terms of Service apply to all trial or offer period accounts.
- Support is provided at http://support.chatamo.com, by email (firstname.lastname@example.org) and such other means as we decide in order to provide a proper service to users.
- We reserve the right not to provide a full technical support service to account users.
11. Specific Service Rules
- As a user you agree not to do any of the following:
- Create any bots or use the Services in a manner that infringes or violates the intellectual property rights or any other rights of anyone else (including Futr AI), or violates any law or regulation, including any applicable export control laws.
- Create any bots or use the Services for the purposes of resale.
- Abuse, harass, threaten, stalk, defame or in any way seek to violate the rights of another user or third party.
- Publish or seek to distribute any material or information that is unlawful, harmful, obscene, indecent, libellous, profane, defamatory, racist, or in any other way inappropriate or objectionable.
- Use or harvest data provided by other users in a way that they would object to.
- Encourage illegal activity or activity that violates the rights of other Service users or third parties, whether individuals or organisations.
- Supply or post content calculated to deliberately mislead other users or third parties, including content falsely made to appear from or be endorsed by us.
- To pose as another user, third party or organisation employee for the purposes of obtaining user or third party information.
- To transmit or transfer any viruses, trojans, worms or any other malicious programs or code intended to spy on, gain control over, disrupt, destroy or in any other way impair any computer hardware or software or any other equipment.
- Attempt to gain access to our servers or other equipment in order to disrupt, impair, overload or otherwise hinder or compromise the safety, security or privacy of any of the services provided by or relied upon by us and users.
- Re-frame or re-purpose the Service or any content on it, remove, obscure or block any notices (and advertising as applicable) provided by us on the Service.
- Load or provide access to content on the Service or link to other content from the Service, which infringes the trademark, patent, trade secret or any other proprietary right of a third party or infringes any intellectual property law.
- Send junk or spam email or emails or posts promoting pyramid schemes, chain letters or any other activity that invites users and others to participate in wasting their time and/or money.
- Use any robot, spider, scraper or other technical means to access the Service or any content on the Service.
- If you breach these Terms of Service by sending any unsolicited bulk email, (spam) or any other bulk communications to users your actions will cause harm to us and to the Service. Such harm is difficult to quantify and as such you agree to pay us the sum of £50 for each and every individual email or other communication sent to a user or third party.
- The above list is not intended to be exhaustive. We reserve the right to remove (with or without notice) any content and suspend or terminate (with or without notice) the account of any user who in our sole judgement is in breach of these Terms of Service.
12. Content Ownership
- You retain your rights to any content you submit, post or display on or through the Service.
- By submitting, posting or displaying content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods (now known or later developed). This license authorises us to make your content available to the rest of the world and to let others do the same. You agree that this license includes the right for us to provide, promote, and improve the Service and to make content submitted to or through the Service available to other companies, organisations or individuals. Such additional uses by us, or other companies, organisations or individuals, may be made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the Service.
- You warrant that any content provided by you does not belong to a third party whose rights have been violated by the content being posted on to the Service. Furthermore, if any content is owned by a third party you agree to pay all royalties, fines and settlements owed to that party, without seeking any contribution from us.
13. Copyrighted Material
- We do not condone or encourage in any way the posting of copyrighted or proprietary content or information by any users who are not the legal owners of such content.
- Where notified of such breaches by the owner of such content we will remove the content from the Service as soon as practicable. But only where we can reasonably ascertain the true owner of such content.
- If as the owner of such content you believe that your rights have been infringed you should contact us as soon as possible and provide all relevant information in writing.
14. Content Monitoring
Users can freely add content to the Service. We do not monitor or assume any responsibility for content posted onto the Service. If at any time we decide to monitor the Service on any occasion it does not mean that we assume responsibility for removing any content or the conduct of any users at the time or in the future.
- We may terminate your user account and all content and materials associated with it at any time where these Terms of Service have been breached. Such termination can be with or without notice. As a user, you can choose to terminate your account at any time (subject to any payment plan entered into) and are free to remove any content you have created on termination.
- Various clauses within these Terms of Service are designed to survive and continue after termination, including (but not limited to) clauses 11 and 18.
16. Access and Backups
- We take all reasonable steps to ensure that the Service is available and functioning fully at all times. However, we do not accept any responsibility for “down-time” or poor performance of our servers or infrastructure, or where the Service is unavailable for any other reason, whether within or outside our direct control.
- You are solely responsible for backing up any content or data entered onto the Service by you. We strongly recommend that you regularly and completely backup all your content and data on the Service.
17. Disclaimer of Warranties; Limitation of Liability
- We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
- We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
- You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
- You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
- In no case shall Futr AI Limited, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to indemnify, defend and hold harmless Futr AI Limited and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
The foregoing paragraphs, sub-paragraphs and clauses of these Terms of Service shall be read and construed independently of each other. Should any part of this agreement or its paragraphs, sub-paragraphs or clauses be found invalid it shall not affect the remaining paragraphs, sub-paragraphs and clauses.
Failure by us to enforce any accrued rights under these Terms of Service is not to be taken as or deemed to be a waiver of those rights unless we acknowledge the waiver in writing.
These Terms of Service shall be interpreted, construed and enforced in accordance with English law and shall be subject to the exclusive jurisdiction of the English Courts.