Violation of any of the terms listed below may result in immediate termination of User account and may subject User to legal liability.
- User agrees not to copy, duplicate, reproduce, sell, or resell Company content accessible via the Service or Chatbot without the express written permission of Company.
- User agrees not to give unauthorized third parties access to Chatbot or data collected by Chatbot.
- User agrees not to scrape Company content.
- User agrees not to take any action to exceed their assigned access level as it relates to any part of the Service or Chatbot.
- User agrees not to modify, hack, or reproduce any part of the Service or Chatbot in an effort to falsely imply that such modification/reproduction is associated with the actual Service, Chatbot, Company, or its affiliates.
- Company reserves the right to access administrative areas associated with your Service or Chatbot at any time for the purposes of general maintenance, administrative work, trouble-shooting, upgrades, downgrades and/or custom work.
- Technical support is available via email for all paying customers.
- Use of the Service and Chatbot is at your own risk. Service and Chatbot are available on an ‘as is’ and ‘as available’ basis. Company disclaims all terms, conditions, representations, guarantees, and warranties (express, implied, statutory and otherwise), in respect to the Service and Chatbot including those of merchantability, title, non-infringement, quality and fitness for any particular use.
- Any verbal abuse, physical abuse, threats of retaliation, libelous or slanderous statements directed towards Company or person(s) associated with Company will not be tolerated and will result in immediate termination of User account without refund. Company reserves the right to pursue legal action against any User who makes slanderous or libelous statements about Company, Chatbot, persons associated with Company, or other services provided by Company.
- User agrees to relieve Company and any other Third Party Partners, code providers, or data providers from any legal liability arising from problems associated with Service or Chatbot.
- User acknowledges that eCommerce code and payment gateways (such as Stripe) is not maintained by company. In the event of a problem with eCommerce functionality or payment gateways, Company will notify the party responsible for the functionality in question and will work to resolve any problems as quickly as possible.
- User acknowledges that the processing and transmission of data in connection with Service, Chatbot, and any User generated content may take place unencrypted and over various third-party networks.
- While every effort has been made to safeguard and backup User data and Chatbot data, User agrees not to hold Company liable for any loss or breach of data associated with User account.
- User will not attempt to gain access to administrative areas, features, or other User accounts for which User is not specifically authorized to access.
- In the event of a dispute that cannot be settled between User and Company, User agrees to settle dispute by way of arbitration and hereby relinquishes the right to sue or file a lawsuit against Company or participate in a class-action lawsuit against Company. Arbitration shall take place in Blount County Tennessee, by an arbitrator located in Blount County Tennessee.
- Company does not warrant that (a.) the Service or Chatbot will meet your specific needs, (b.) that customizations we add or create on your behalf will be entirely accurate or error-free, (c.) that the Service or Chatbot will be error-free, uninterrupted, timely or entirely secure, (d.) that the Service or Chatbot and Company-provided content and customizations will meet your individual expectations, (.e) that you will make money or have any specific business results by using the Service or Chatbot, or (f.) that suggested improvements, upgrades or error-fixes to the Service or Chatbot will be implemented.
- User understands and agrees that Company will not he held liable for any direct, indirect, special, incidental, consequential or exemplary damages that arise from use of Service or Chatbot (regardless of whether company has been advised of the potential of such damages). Such damages include but are not limited to: loss of income, profits, goodwill, consumer sentiment, data or any other tangible or intangible losses. This includes losses that are a result of (a.) use of Service or Chatbot, or inability to use/access Service or Chatbot, (b.) the actions of any third-party, (c.) the actions/availability of features that rely on a 3rd party or Company vendor, (d.) the costs of procuring substitute products or services as a result of an interruption in Service or Chatbot, (e.) unauthorized access, modification or deletion of Service, Chatbot or personal data, (f.) the actions and statements made by any third party accessing the Service or Chatbot, and (g.) any other matter(s) relating to the Service, Chatbot, or customizations.
- In the event that Company becomes liable to User despite the above limitations, Company liability will be limited to the annual subscription fee or Chatbot fee that User paid for the use of Service or Chatbot in the six months prior to the event that caused the liability. At no time will company liability include costs paid by User to cover User legal consultative fees or fees paid to Company for customizations, advertising services, or consultative services.
- User must not use the Service or Chatbot for any illegal, unethical or unauthorized purposes. User must not use the Service or Chatbot to violate any federal, state, or local laws.
- User assumes full legal responsibility for all messages and communications initiated through use of Service or Chatbot, including phone, email, Facebook messages, Facebook Messenger messages, and SMS text messages. By signing up and using the Service or Chatbot, User acknowledges their awareness and familiarity with laws concerning email communication and spam. User agrees not to send spam or transmit unsolicited messages from Service or Chatbot. User also agrees not to modify emails that could be constituted as spam in such a way that would make it look like they originated from the Service or Chatbot, even though they did not. Company reserves the right to immediately discontinue service without providing a refund for any User who violates this clause or is accused/suspected of sending spam email or SMS communications.
- User will not upload any viruses, malicious code, or tracking software to Service or Chatbot, nor will User send malicious code from Service or Chatbot, or induce others to download, transmit or click on links that are associated with malicious code. Any violation of this clause will result in immediate termination of User Service and/or Digital Products without a refund and may result in legal action against User.
- User must be a real person. User must not be a ‘bot’ or computer program, nor can User grant an unauthorized ‘bot’ or unauthorized person access to Service, Chatbot, or User administrative areas.
- You are responsible and assume complete legal liability and financial responsibility for all content posted by you or Chatbot regardless of where the communication is posted or originated. This includes content posted by User, User representatives, Company, and Chatbot.
- Company reserves the right to advertise and/or display any content associated with Service and User’s Chatbot at any time. This includes featuring an image or link to content associated with User’s Chatbot via our website or any other media format selected by Company.
- User does not own the Chatbot, code, or any customizations User elects to pay for. The Chatbot, conversation flows, Chatbot logic, and Artificial Intelligence (A.I.) features are owned exclusively by Company. User’s payment of Chatbot setup fee, monthly subscription fees, customization fees, and optional advertising services is exclusively for the use of Chatbot for the time-period that User’s account is paid for and in good standing and no transfer of ownership for these services ever takes place.
- Login information (usernames, passwords, and login URL’s) associated with the administrative areas of User account will be limited to User and User Authorized Representatives that are approved by Company. This includes access to any other administrative areas User may have access to in association with the Company Service, Chatbot, or affiliate program.
- User grants Company, its parent company DCTS Corp., Third-Party Partners, and affiliate companies the right to contact User via email, telephone, mail, SMS, Facebook, Facebook Messenger, and any other medium about the Service, Chatbot or additional products that Company thinks may be of interest to User, regardless of whether User is registered with any national, state or local do-not-call or do-not-mail lists.
- If you are not satisfied with your Chatbot simply request a refund within 30 days of purchase by sending an email to firstname.lastname@example.org and we will issue a 100% refund for your monthly subscription fee. Please note that in no circumstance are the following User fees or expenses refundable: Chatbot customization, advertising services, promotion services, or consultative services.
- A valid credit card is required for establishing access to a Chatbot and for ongoing payment of Chatbot, customizations, promotional services, and advertising services.
- Access to Chatbot and corresponding services is billed in advance on a monthly basis and is non-refundable after 30 days of purchase. No refunds, credits or prorations will be given for partial months of Chatbot use, unused Chatbot time, Chatbot upgrades, Chatbot downgrades, Chatbot customizations, or Chatbot advertising and promotional services.
- User must provide their real full name, a valid email address and any other information or documentation required to establish Chatbot service.
- Chatbot fees and any other type of fee is exclusive of all taxes (except State of Tennessee sales tax), duties or levies imposed by taxing authorities. User is responsible for payment of any required taxes, duties, or levies that may arise.
- Sales tax is applicable to the Service, Chatbot, customization services, and marketing and promotional services in the State of Tennessee. Company will collect State of Tennessee sales tax for transactions completed by Users who indicate they live in the State of Tennessee during the checkout process. User assumes full responsibility for paying any additional federal, state, or local sales and/or use taxes that may become due as a result of new or pending legislation.
- Prices are subject to change without notice.
- When upgrading or downgrading your Chatbot in relation to available features and reachable users, the monthly fee charged to the credit card you provided will change to reflect the new rate associated with your account.
- For any upgrade in Service or Chatbot, we reserve the right to charge your credit card an additional one-time fee to make up for the difference in pricing between the old Chatbot fee and the new Chatbot fee for the period in which the Chatbot upgrade takes place. Prorations will be made at the sole discretion of Company.
- A downgrade in Chatbot service may result in the loss of features, content, data, access or technical capacity associated with your Service or Chatbot.
- Company reserves the right to immediately deactivate your Chatbot or access to Chatbot data in the event that the credit card associated with your account is denied when payment processor attempts to charge the monthly Chatbot subscription fee. Chatbot access will be restored within 24 hours of payment.
- Company reserves the right to permanently delete all data, content, and administrative settings associated with User accounts and Chatbots that have gone unpaid for 5+ calendar days. Company does not assume any liability for such losses.
- You have the right to cancel your Chatbot service at any time. In order for the cancellation to take affect, you must send an email to email@example.com requesting that your account be deactivated.
- All Chatbot setup fees, customizations, consulting fees, advertising fees, and promotional fees are non-refundable.
- If you cancel your Chatbot subscription before the renewal date, your cancellation will take effect immediately and you will not be charged again.
- Company reserves the right to modify and/or discontinue the Service or Chatbot at any time with or without notice.
- Features that are advertised and available at the time of sign-up may be modified or discontinued at any time.
- Company will not be held liable to User or any other Third Parties for any price change, modification, suspension or discontinuation of any Company Service, Chatbot, advertising services, promotional services, or setup fees.
- Company retains the right to test features, modifications, or possible upgrades on the Chatbot associated with your account without notice or permission at any time.
- User is solely responsible for all content displayed in association with User’s Chatbot, Facebook account, Facebook Messenger account, or other social accounts that may be linked to Chatbot and agrees to assume full legal and financial responsibility for all content displayed or associated with the Chatbot associated with User’s account.
- User agrees not to commit copyright or trademark infringement by posting, displaying, sharing, or linking to content that User does not own or have explicit permission to reproduce.
- User acknowledges there is not a way to prevent 3rd parties from sharing content that appears on the public or private portion of Service or Chatbot, and thus grants third parties the right to share User content while also relieving Company of any legal or financial liability that may arise.
- While Company does not prescreen all content that User publishes via Chatbot, Company reserves the right to remove or refuse any content deemed unacceptable at any time for any reason.
- The Service relies on computer code and services assembled from various sources and third-party partners. Sources include unique and proprietary code created by the Company, code licensed from third-party vendors and programmers, as well as code made available by open source initiatives. You agree to take no action that could infringe upon the rights of the legal owners of the code or lessen its value in any way. This means User cannot provide, copy, sell, sublicense, decompile, or grant unauthorized access to code to any third-party individuals without the express written permission of Company or the respective copyright holder. User acknowledges that Company has no control over the ongoing availability of third-party code and features and thus relieves Company from any liability that could arise from loss of current features due to a change in the availability of third-party code, features and code libraries.
- User does not own any part of the Chatbot, logic, conversation flows, Artificial Intelligence (A.I.), code, website, servers, technical infrastructure, bundled libraries, visual design elements, WordPress configuration, technical processes, Service, or other Company produced content.
- Any content not copied by User prior to account deactivation may become irretrievable; User relieves Company from any liability that may arise from content being lost during the account deactivation process. At no time will User or any third-party be granted access to Company servers or any level of administrative access beyond the default access that is included to all Users with Service.