Terms of Service15 July 2021
Please read these Terms of Service carefully as they contain important informationabout your legal rights, remedies and obligations. By accessing or using our Website(www.botminds.ai)and our services, you agree to comply with and be bound bythese Terms of Service.
Last Updated: 15 July 2021
Thank you for using our Website!
These Terms of Service ("Terms") constitute a legally binding agreement("Agreement") between you and Botminds (the contracting entities being“Botminds Inc, a Washington Corporation, having its office at 1187 Pine Crest CirNE,Issaquah, WA – 98029” and “Botminds AI Technologies Private Limited, havingits registered office at Plot No. 11, 1st Floor, VGP Saraswathy Nagar, 2nd Street,Madambakkam, Chennai, Tamil Nadu”) , which governs your access to and use ofour Website including our mobile, tablet and other smart device applications and allassociated services including the license to our proprietary software, any updatesand up gradation of the same (collectively, "Services"). The website, theapplications and the Services are hereinafter collectively called the “Website”.
- The Website makes available information relating to our proprietaryproduct, being an AI chat bot, its demonstration, other specificationsalong with other ancillary services that are being provided by Botminds.The Website also provides the facility to take on license the product andalso make payment towards the existing licenses that have been taken byvarious clients of Botminds.
- To promote the Website other member content may be displayed on otherwebsites, in applications, within emails, and in online and offlineadvertisements. The Website may contain links to third-party websites orresources (“Third-Party Services”). Such Third-Party Services may be subjectto different terms and conditions and privacy practices. Botminds is notresponsible or liable for the availability or accuracy of such Third-PartyServices, or the content, products, or services available from such Third-PartyServices. Links to such Third-Party Services are not an endorsement byBotminds of such Third-Party Services.
- Due to the nature of the Internet, Botminds cannot guarantee the continuousand uninterrupted availability and accessibility of the Website. Botminds mayrestrict the availability of the Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of ourservers, or to carry out maintenance measures that ensure the proper orimproved functioning of the Website. Botminds may improve, enhance andmodify the Website and introduce new services from time to time.
- Botminds may make access to and use of the Website, or certain areas orfeatures of the Website, subject to certain conditions or requirements, suchas completing a verification process.
- User verification on the Internet is difficult and we do not assume anyresponsibility for the confirmation of a user’s identity.
- The access to or use of certain areas and features, the Website may besubject to separate policies, standards or guidelines, or may require that youaccept additional terms and conditions. If there is a conflict between theseTerms and terms and conditions applicable to a specific area or feature of theWebsite, the latter terms and conditions will take precedence with respect toyour access to or use of that area or feature, unless specified otherwise.
- Botminds reserves the right to modify these Terms at any time in accordancewith this provision. If we make changes to these Terms, we will post therevised Terms on the Website and update the “Last Updated” date at the topof these Terms. You understand and agree that your continued access to oruse of the Website will constitute acceptance of the revised Terms.
- You must register an account ("UserAccount") to access and use certainfeatures of the Website, such as for licensing the product and/or service fromthe Website. You may register for a User Account using an email address andcreating a password. You must provide accurate, current and completeinformation during the registration process. Since the product is licensed tocompanies and/or organization, the User Account shall be made using anofficial e-mail id that may be verified by Botminds.
- You are responsible for maintaining the confidentiality and security of yourUser Account credentials and may not disclose your credentials to any thirdparty. You are liable for any and all activities conducted through your UserAccount. All payments received pursuant to the use of the User Account shallbe deemed to have been paid by the company/client and shall be consideredas a genuine consideration and Botminds shall not be responsible or liable forany refunds due to any fraudulent charges.
- Purchase and Delivery of Product: As and when activated and madeavailable, you may use your User Account for purchasing the limited licensefor the products /services available on the Website. The license to use the product shall be activated as per the individual contracts that have been executed between Botminds and the clients.
- You acknowledge and agree that the Website and the content available onthe Website (“Botminds Content”), including all associated intellectualproperty rights, are the exclusive property of Botminds and/or its licensors orauthorizing third-parties. You will not remove, alter or obscure any copyright,trademark, service mark or other proprietary rights notices incorporated in oraccompanying the Website. All trademarks, service marks, logos, tradenames, and any other source identifiers of Botminds used on or in connectionwith the Website and Botminds Content are trademarks or registeredtrademarks of Botminds. Trademarks, service marks, logos, trade names andany other proprietary designations of third parties used on or in connectionwith the Website are used for identification purposes only and may be theproperty of their respective owners.
- You will not use, copy, adapt, modify, prepare derivative works of, distribute,license, sell, transfer, publicly display, publicly perform, transmit, broadcastor otherwise exploit the Website. No licenses or rights are granted to you byimplication or otherwise under any intellectual property rights owned orcontrolled by Botminds or its licensors, except for the licenses and rightsexpressly granted in these Terms.
- Unless specified otherwise, the license to the product and/or the ancillaryservices, shall be pre-paid and/or shall be paid against the invoices that havebeen raised or against the license agreements and/or purchase orders and/orstatement of works that have been generated pursuant to the discussionsbetween Botminds and its clients.
- Upon execution of the license agreement, raising of the invoice by Botmindsand/or existence of purchase orders and/or statement of works, a legallybinding agreement is formed between you [client] and Botminds, subject toany additional terms and conditions that apply, including in particular theapplicable cancellation policy and any rules.
- In addition to the terms and conditions stated herein, upon purchasing thelicense to use the products and/or services from the Website, You shall bebound by the terms and conditions of the payment gateway which has beenmade available for by Botminds.
- As an user, you can leave a public review (“Review”) and submit a starrating (“Rating”) about your experience of the Website. Ratings and Reviewsare not verified by Website for accuracy and may be incorrect or misleading. Ratings and Reviews however must be as accurate and may not contain anyoffensive or defamatory language.
- You are solely responsible for compliance with any and all laws, rules,regulations, and tax obligations that may apply to your use of the Website. Inconnection with your use of the Website, you will not and will not assist orenable others to:
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms and Conditions;
- use, display, mirror or frame the Website or any individual element within the Website, Botminds's name, any Botminds trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page on the Website, without Botminds's express written consent;
- dilute, tarnish or otherwise harm the Botminds brand in any way, including through unauthorized use, registering and/or using Botminds or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Botminds’s domains, trademarks, taglines, or promotional campaigns;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Website for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Botminds or any of Botminds's providers or any other third party to protect the Website;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Website;
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- Botminds may immediately, without notice, terminate this Agreement and/or stop providing access to the Website if (i) you have materially breached your obligations under these Terms, the payments terms, our other legal Policies, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Botminds believes in good faith that such action is reasonably necessary to protect the personal safety or property of Botminds and its Website visitors, its other users and clients.
- If you choose to use the Website, you do so voluntarily and at your sole risk. The Website is provided “as is”, without warranty of any kind, either express or implied.
- If we choose to conduct identity verification or background checks on any user, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a guest or guarantee that a guest will not engage in misconduct in the future.
- You assume full responsibility for the choices you make before, during and after your use of the Website.
- The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
- Unless your Country of Residence is in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Website, your publishing or booking of any products and/or services via the Website or any other interaction you have with Botminds personnel whether in person or online remains with you. Neither Botminds nor any other party involved in creating, producing, or delivering the Website will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, and (ii) from the use of or inability to use the Website. Except for our obligations to pay amounts applicable pursuant to these Terms, in no event will Botminds’s aggregate liability arising out of or in connection with these Terms and your use of the Website including, but not limited to, payment of the license fee and/or any other applicable charges via the Website, or from the use of or inability to use the Website, exceed the amounts you have paid or owe for taking on license via the Website.
- You agree to release, defend (at Botminds’s option), indemnify, and hold Botminds and its affiliates and subsidiaries, including but not limited to, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of the Website, or (iii) your breach of any laws, regulations or third party rights.
- You and Botminds mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Website, (collectively, “Disputes”) will be settled by arbitration. The Arbitration shall be carried out under the Arbitration and Conciliation Act, 1996 (as applicable in India and as amended from time to time), for the Indian entity and in case of the Washington Corporation the same shall be under the jurisdiction of the courts in Washington, for all disputes arising therein.
- You and Botminds each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of Botminds’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).
- These terms so far as India is concerned shall be governed by the laws of India, and the courts in Chennai shall have the exclusive jurisdiction over the matters pertaining to these Terms. In the event you are an international user, then, shall be under the jurisdiction of the courts in Washington, for all disputes arising therein.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Website (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Website, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
- No joint venture, partnership, employment, or agency relationship exists between you and Botminds as a result of this Agreement or your use of the Website.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Botminds’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- Botminds’ makes no representation that the Website operates (or is legally permitted to operate) in all geographic areas, or that the Information, Website, or services are appropriate or available for use in other locations. Accessing the Website from territories where the Website or any Information or functionality of the Website or portion thereof is illegal is expressly prohibited. Any access of the Website and the Information thereof by the User from any prohibited jurisdiction is at the entire risk and cost of the User and Botminds shall not be responsible for such access. The User shall always be responsible for his own compliance of the applicable laws.
- If you have any questions about these Terms please email us on firstname.lastname@example.org.