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ASK AMA WEB APP - TERMS OF SERVICE
Please read these terms of service very carefully before using or registering for the ASK AMA application.
These terms of service (“Agreement”) govern you making the ASK AMA conversational agent service (“Service”) available to anyone via your own website, printed publication, GPS marker or any other conduit. This Agreement between you (“you”) and ASK AMA (“we, us”), is subject to change by us as described below. By accessing the Service, you (i) accept this Agreement; (ii) agree to be bound by these terms and conditions; and (iii) have entered into a binding agreement between you and us.
- The Service is owned and operated by ASK AMA, Ltd, Company Registration number HE387850, a company incorporated in Cyprus whose registered office is at No. 101, 11 Foivis Street, 3116, Limassol, Cyprus (referred to as “ASK AMA” herein). The Service may only be accessed in accordance with this Agreement. Any violation of the copyright in the Content or these terms and conditions may be enforced by ASK AMA or the copyright owner to the fullest extent allowed by law.
- You acknowledge and agree that ASK AMA may stop (permanently or temporarily) providing the Service (or any features within it) to you or to users generally at ASK AMA’s sole discretion, without prior notice to you. You may stop using the Service at any time. You do not need to specifically inform ASK AMA when you stop using the Service. You acknowledge and agree that if ASK AMA disables access to any feature or service, you may be prevented from accessing the Service, your account details or any files or other materials which is contained in your account, if you have one.
- You agree not to access (or attempt to access) the Service by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate agreement with us. You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service). Unless you have been specifically permitted to do so in a separate agreement with us, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the service for any purpose. You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under this Agreement and for the consequences (including any loss or damage which we may suffer) of any such breach.
- We do not charge end users for access to the Service. However, end-user’s carrier rates will apply if accessing the Service by a computer and / or via a mobile device, such as fees for text messaging and data charges. You hereby acknowledge, agree, and provide consent for users to sync any device with your information.
- You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Service are the sole responsibility of the person from whom such materials originated, which may be you.
- We reserve all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademark and service mark attributions, any patent markings, and other indicia of ownership on the Content or other materials accessed through the Service. The delivery of, and license to, the Content and/or access to third party materials does not transfer to you any commercial or promotional use rights in the Content or any portion thereof. Any use of Content, or descriptions; any derivative use of the Service’s materials; and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event shall the user frame any portion of the service, or any materials contained therein, claiming it as their proprietary or self-designed technology. An image of the ASK AMA logo and / or textual strapline “Powered by ASK AMA” must be present and clear when you integrate our service into any printed or online advertisement, web page or facility.
- While ASK AMA uses reasonable efforts to include accurate and up-to-date information via the Service, we make no warranties or representations as to its accuracy. ASK AMA assumes no liability or responsibility for any errors or representations transmitted by the Service, especially because it is Your responsibility to provide the material to enable the service to function. Clearly, the content of any information, file, document or source material of any kind that is uploaded to our servers by you is beyond our control. We do not accept liability for any inaccuracy caused by your uploading of resource material nor any processing of it by our system. It is your responsibility to check the accuracy of any information provided by the Service before you publish it.
- The Service may contain links to other websites on the Internet which are owned and operated by Third Party Vendors and other third parties (the “External Sites”). You acknowledge that we are not responsible for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or the materials located on such External Sites.
- If you submit material, unless such content or material submittal is subject to separate terms and conditions, we shall own such content and material and you hereby assign any rights in such content and material to us. In the event ownership in the content or material cannot be granted to us, you grant us and our affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such content and material as if it were the full owner thereof. Furthermore, you grant us and our affiliates, and sublicensees the right to use your name and / or company name and/or username in connection with the content. You represent and warrant that all content and materials you provide: (a) shall be your original work product and will not be based on, or derived from, the proprietary information or items of a third party; and (b) shall comply with all content restrictions set forth in this Agreement. Furthermore, you represent and warrant that your use of the Service in connection with any Content or third-party content complies with all laws including, but not limited to, international and United States copyright law. You will defend, indemnify and hold us and our affiliates harmless from and against any claims resulting from any content or materials you provide hereunder or your use of the Service.
- At your discretion, you may provide feedback to us concerning the functionality and performance of the Service from time to time, including, without limitation, identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). If you, through your evaluation or otherwise, suggests any Feedback, you hereby assign the ownership in all Feedback to us. In the event ownership in the Feedback cannot be granted to us, you grant us at no charge a perpetual, irrevocable, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit such Feedback without restriction. You agree that we may disclose that Feedback to any third party in any manner and you agree that we can sublicense all Feedback in any form to any third party without restriction.
- Our Service may contain areas in which additional terms and conditions apply. For purposes of the use of such areas, in the event of a conflict between the terms and conditions of such other areas and these Terms and Conditions, the terms and conditions of the other area shall prevail. We may at any time revise these Terms and Conditions by updating this message within the web app. You are bound by any such revisions and should therefore periodically revisit this section to review the current Terms and Conditions to which you are bound.
- You shall not transmit to our server or upload to any of our websites any Harmful Code or use or misappropriate the data provided by the service for your own commercial gain, other than for the convenience of providing your own services to your customers. “Harmful Code” shall mean any software (sometimes referred to as “viruses,” “worms,” “trojan horses,” “time bombs,” “time locks,” “drop dead devices,” “traps,” “access codes,” “cancelbots” or “trap door devices”) that: (a) is intentionally designed to damage, disrupt, disable, harm, impair, interfere with, intercept, expropriate or otherwise impede in any manner, any data, storage media, program, system, equipment or communication, based on any event, including for example but not limited to (i) exceeding a number of copies, (ii) exceeding a number of users, (iii) passage of a period of time, (iv) advancement to a particular date or other numeral, or (v) use of a certain feature; or (b) would enable an unauthorized person to cause such result; or (c) would enable an unauthorized person to access another person’s information without such other person’s knowledge and permission.
- You may not use your username and password for any unauthorized purpose.
- We do not knowingly collect any information from anyone who we know to be under the age of 13.If we discover that a person under the age of 13 has provided us (and in turn, we had provided it to you as part of the Service) with any personal information, we will use commercially reasonable efforts to delete such person's personal information from all our systems - and we will make reasonable efforts (by email) to inform you of the fact and request that you do likewise. If you do not receive the request due to any technical failure, or simply fail to respond and / or accede to such a request, we will not be held liable for any consequence of technical failure, your inaction, your omission, or your error.
- Dependent upon the jurisdiction of the country or state where the Service is provided via your organization, it may be necessary to seek parental permission for any end-user (e.g. your customer or potential customer) to provide any identifiable information about them. We will place reasonable technical facilities within the service to assess the end-user’s age before they provide such information and / or their contact details. If a person informs us that they are under 13 years old, we will not collect any information from them. If they inform us that they are between the ages of 13 and 18, we will seek confirmation of parental consent via email before the conversational agent accepts any information from the user in question.
- We may terminate your access to our Service for any reason at any time. The provisions that by their nature are designed to survive termination or expiration of this Agreement shall survive termination or expiration of this Agreement or your access to our Service.
- THE MATERIALS AND CONTENT VISIBLE VIA OUR SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY CONTENT AND / OR MATERIALS POSTED ON THE SERVICES. WE MAKE NO GUARANTEES AS TO UPTIME OR AVAILABILITY OF THE SERVICE. TO THE FULLEST EXTENT POSSIBLE PURSUANT TO THE APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OR OTHER VIOLATION OF RIGHTS. THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS, INCLUDING INTERNET CONGESTION, VIRUS ATTACKS, AND DENIAL OF SERVICE (DOS) ATTACKS.
- UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE OR ANY OF OUR THIRD-PARTY LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. WE AND OUR LICENSORS’ ENTIRE AND AGGREGATE LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED AN EQUIVALENT OF USD $100, EVEN IF ASK AMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IF YOUR USE OF MATERIALS FROM THE SERVICE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF. SOME US STATES AND / OR EU MEMBER STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
- You shall not assign or transfer this Agreement without our prior written consent. Any attempt to assign or transfer this Agreement by you shall be void.
- This agreement is governed by the laws of Cyprus and the parties agree to submit to the exclusive jurisdiction of the Courts of Cyprus to settle any dispute or claim arising from this Agreement.
- We shall not be liable to you for any delay or failure to perform our obligations hereunder if such delay or failure arises from any cause or causes beyond our reasonable control. Such causes shall include, but are not limited to, acts of God, floods, fires, loss of electricity or other utilities, labour strike, or delays by you in performing any requirements hereunder.
- This Agreement may not be modified, supplemented, qualified, or interpreted by any trade usage or prior course of dealing not made a part of the Agreement by its express terms.
- Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be or becomes unenforceable or illegal, such provision shall be reformed to the minimum extent necessary for this Agreement to remain in effect in accordance with its terms as modified by such reformation. The invalidity or unenforceability of any provision of this Agreement shall not affect the validity of this Agreement as a whole and any such provision should be enforced by authorities, and reconstructed, if need be, to apply to the maximum extent allowable under applicable law.
- The failure by either party to enforce at any time any of the provisions of this Agreement, to exercise any election or option provided herein, or to require at any time the performance of the other of any of the provisions herein will not in any way be construed as a waiver of such provisions. No failure or delay in enforcing any right or exercising any remedy will be deemed a waiver of any right or remedy.
- Reasonable lawyers’ fees and costs will be awarded to the prevailing party in the event of litigation involving the enforcement or interpretation of this Agreement.
- The section headings used herein are for convenience only and shall not be given any legal import.
- This Agreement shall constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto.