Automaise, (“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.
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.
Accounts and Registration
- You may register on Automaise account using your e-mail or via other registration methods we may provide along the way, in our sole discretion. By connecting to the Automaise Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It’s your responsibility to keep your password, account credentials, and accounts secure. You must notify Automaise immediately if any unauthorized use, or suspected unauthorized use, of your Automaise account occurs or if any other breach of security occurs.
- You may use the Automaise Content and/or Automaise Platform only if you can form a binding contract with Automaise, and only in compliance with these Terms and all applicable local, national, and international laws, rules and regulations.
- Any use or access to the Website or Automaise Platform by anyone under 16 is strictly prohibited and in violation of these Terms.
- You must be a human. Accounts registered by “automations” or any other automated mechanism are not permitted.
- You’re solely responsible for the activity that occurs on your account (including, without limitation, any Customer Data and Profile Content (each as defined below) provided under or through your account.
- You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.
- You acknowledge that Automaise is not liable for any loss or damage arising from your failure to comply with the above requirements.
- You may be required to provide certain information (e.g., your contact details, description of your products or services, your targeted audience, etc.) as part of the registration process to access the Automaise Service, or as part of your continued use of the Automaise Service.
- You agree that any registration information you give to Automaise will always be accurate and up to date, and you agree to Automaise notify Automaise of any changes in your account information.
Use of Automaise Service
Right to Access and Use of Automaise Service
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.
Compliance with Law
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.
Payments and Subscriptions
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.
Privacy and Security
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.
Ownership and License
Your Virtual Employees and Customer Data
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.
Customer Data Rights and License
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.
Restrictions and Retained Rights
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.
Updates to Automaise Service
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.
Branding and Attribution
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.
Promotional and Marketing Use
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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