PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Terms and Conditions
Read these Terms of Service carefully before using the https://www.chatbot.tn platform, http://developers.chatbot.tn/ and its associated services (together or individually, the « Services ») operated by SPIMOB (« ChatBot.tn », « SPIMOB », « we », « us » or « our »).
The company SPACE OF ARTIFICIAL INTELLIGENCE FOR MOBILE – SPIMOB- SARL with a capital of 1500 Tunisian dinars, Tax Number n ° 1576076/B/A/M/000.
ChatBot.tn is an online platform that allows developers, individuals, companies, and agencies to easily build, host, and manage chatbots. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at contact@spimob.com. These Terms of Use (the “Terms”) are a binding contract between you and SPIMOB. Your use of the Services is also governed by and subject to the Facebook Platform Policies (located at https://developers.facebook.com/policy) and Facebook Commerce Product Merchant Agreement (currently located here: https://www.facebook.com/legal/ commerce_product_merchant_agreement), which are hereby incorporated by reference and are a part of these Terms. You are solely responsible and liable for complying with the Facebook Platform Policies and Facebook Commerce Product Merchant Agreement. You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy and Copyright Dispute Policy
You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These Terms include the provisions in this document, as well as those in the Privacy Policy
1- TERM OF AGREEMENT; MODIFICATIONS
We are constantly trying to improve our Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Chatbot.tn website, by sending you an email, and/or by some other means.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. In the event You terminate Your usage, Chatbot.tn will not refund any amounts You have paid. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
2. PRIVACY & DATA PROTECTION
You can view Chatbot.tn Privacy Policy at https://www.chatbot.tn/privacy which is incorporated herein by reference, as it is applicable to all Services. The Privacy Policy provides Your rights and company’s responsibilities with regard to Your personal information. Company will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy.
3. USE AND LIMITATIONS OF USE
a) Acceptable use. You agree to comply with the limits of use for each plan.
b) Prohibited and unauthorized use. You agree that, directly or indirectly, you will not (1) make the services available, or use them for the benefit of anyone other than you or the users who use the services on your behalf; (2) sell, resell, license, sublicense, distribute, rent, lease the services or include any service in a services office or outsourcing offer; (3) use the services to send SPAM or store or transmit content, material or data that is unlawful, defamatory, illegal or otherwise unlawful; (4) store material for transmission or transmission of data through the services in violation of the law or the rights of third parties, including, among others, the rights of privacy or any contract in which you are part of; (5) use the services to store or transmit malicious or harmful codes; (6) interfere with or interrupt the integrity or performance of the services or the data contained therein; (7) attempt to gain unauthorized access to the related services or systems or networks; (8) Use direct or indirect access or use of the services in a way to avoid the limit of contractual use; (9) copy the services or any module, feature, function or user interface thereof; (10) frame or embed the services, except on internal intranets; (11) access services to perform a comparisons or analysis to create a competitive product or service; (12) develop, translate or create derivative work of our underlying software;(13) activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; (14) distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way (15) decompile, disassemble, decrypt or reverse engineer services, or attempt to obtain other source code or major ideas or algorithms from any part of the services or (16) violate the Acceptable Use Policy.
Chatbot.tn may suspend the access of any user to all subscription services without prior notice in case of a violation of this section. You agree You will not be entitled to a refund of any fees paid to ChatBot.tn if, for any reason, ChatBot.tn takes corrective action with respect to Your improper or illegal use of its Services.
c) Sensitive information. You can not use the platform or any service to collect, manage or process sensitive personal information. Chatbot.tn will not be responsible for any result of using the platform or any service to collect or process sensitive personal information.
4. WHAT ARE MY RIGHTS IN CHATBOT.TN?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Chatbot.tn’s) rights. You understand that Chatbot.tn owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that all the restrictions above don’t apply – they do!
5. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer username/login, password, and credit card number (collectively, the « Account Access Information »). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify ChatBot.tn immediately of any unauthorized use of Your account or any other breach of security. You agree ChatBot.tn will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by ChatBot.tn or another party due to someone else using Your Account Access Information. For security purposes, You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. ChatBot.tn specifically disclaims liability for any activity in Your account, whether authorized by You or not.
6. USER CONTENT.
You confirm you own all rights to any content uploaded or provided by you, or imported, copied or uploaded to ChatBot.tn by you (“User Content”), including any designs, images, animations, videos, audio files, fonts, logos, code, illustrations, compositions, artworks, interfaces, usernames, information and any other materials (“Content”), or otherwise have (and will continue to have) the full power, title, licenses, consents and authority, to the User Content, as necessary to legally access to, import, copy, use, publish, transfer or license such User Content, by you and us or any of our affiliates; the User Content is (and will continue to be) true, current, accurate, non-infringing upon any third party rights, and in no way unlawful for you to upload, import, copy, possess, post, transmit, display or otherwise use, in the country in which you or your visitors and users (“End Users”) reside, or for ChatBot.tn and/or your end users to access, import, copy, upload, use or possess in connection with the services; You have obtained all consents and permissions required under all applicable laws, regarding the posting, transmission and publication of any personal information and/or image or likeness of any person, entity or property which is part of the User Content, and you will adhere to all laws applicable thereto.
7. FEES AND PAYMENT.
the user wishes to use our services he will be requested to make a payment according to currently effective price list. As consideration for the Platform or Services purchased by You and provided to You by ChatBot.tn, You agree to pay ChatBot.tn at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. All payments shall be non-cash transactions, conducted electronically by external professional entities. ChatBot.tn expressly reserves the right to modify pricing through email notification and/or notice on its Web site. The user shall be given a 30 day period notice of all changes in the price list. Payment may be made by You by providing either a valid credit card, an online payment or a bank wire transfer. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services. You agree that You are solely liable for arranging that Your Services are renewed, and that ChatBot.tn shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
8. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s trademark or trade name. ChatBot.tn expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of ChatBot.tn, as well as its affiliates, subsidiaries, officers, directors and employees. ChatBot.tn also reserves the right to freeze Your Account during resolution of a dispute.
9. LIMITATION OF LIABILITY.
IN NO EVENT SHALL CHATBOT.TN BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLDUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE SOFTWARE OR SERVICES, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF CHATBOT.TN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ChatBot.tn liability is limited to the full extent permitted by law. You agree that in no event shall ChatBot.tn maximum aggregate liability exceed the half total amount paid by You for the particular Plateform or Service in dispute purchased from ChatBot.tn.
10. DISCLAIMER OF WARRANTIES.
ChatBot.tn expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Services are provided on an « As Is » and « As Available » basis. ChatBot.tn makes no warranty that its services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free, or that defects will be corrected. ChatBot.tn does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise. Some jurisdictions do not allow the disclaimer of implied warranties, in which event that foregoing disclaimer may not apply to You.
11. INDEMNIFICATION.
You agree to defend, indemnify and hold harmless ChatBot.tn and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys’ fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with ChatBot.tn whether or not on Your behalf, and whether or not with Your permission) use of the Platform or Services You purchased from ChatBot.tn or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold ChatBot.tn harmless from any loss, liability, damages or expense, including reasonable attorneys’ fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should ChatBot.tn be notified of a pending law suit, or receive notice of the filing of a law suit, ChatBot.tn may seek a written confirmation from You concerning Your obligation to indemnify ChatBot.tn. Your failure to provide such a confirmation may be considered a breach of this agreement. You agree that ChatBot.tn shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify ChatBot.tn of any such claim promptly in writing and to allow ChatBot.tn to control the proceedings. You agree to cooperate fully with ChatBot.tn during such proceedings. You agree to cooperate fully with ChatBot.tn during such proceedings. You agree You will not be entitled to a refund of any fees paid to ChatBot.tn if, for any reason, ChatBot.tn takes corrective action with respect to Your improper or illegal use of its services. You also agree that if ChatBot.tn is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a Traffic Facts account of Yours with ChatBot.tn, that ChatBot.tn, in its sole discretion, may take whatever action ChatBot.tn deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
12. MISCELLANEOUS
(a) THESE TERMS OF USE constitutes the entire agreement between the parties concerning the subject matter hereof. (b) Except to the extent applicable law, if any, provides otherwise, these Terms of Use shall be governed by the laws of the State of Tunisia and the eligible courts of Tunisia shall have exclusive jurisdiction over all disputes between the parties. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. (c) If any part of these Terms of Use is found void and unenforceable, it will not affect the validity of the balance of these Terms of Use, which shall remain valid and enforceable according to its terms.
13. NOTICES.
You agree that all notices (except for notices concerning breach of this Agreement) from ChatBot.tn to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with ChatBot.tn. In either case, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to ChatBot.tn shall be made either by email, sent to the address provided on the ChatBot.tn Web site.
14. HEADINGS.
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
15. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and ChatBot.tn regarding the Services contemplated herein.
16. SEVERABILITY.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
17. WAIVER.
The failure of ChatBot.tn to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of ChatBot.tn thereafter to enforce such provisions.
18. FORCE MAJEURE.
ChatBot.tn will make every effort to keep its Web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold ChatBot.tn liable for any of the consequences of such interruptions.
19. SURVIVAL.
Sections 1,2, 3, 9, 11, 12, 13, 14, 15, 16, 17, 18 and 20 shall survive any termination or cancellation of this Agreement.
20. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
These Terms were last updated on April 27, 2020.