Use of the Services

FlowBot is a service that offers the Client a possibility to use software that may automatically interact with the user and provide a Conversation. FlowBot Services use Artificial Intelligence and comprehension of natural language (e.g. giving answers to question phrases) as a response to the relevant Client’s specification.

The Conversation may have unlimited interactions. The Conversation will be terminated if any of the following cases appear to be: (i) user inactivity for a term of 5 (five) minutes, (ii) Conversation was rerouted to another channel (Live, external, telecom operator, etc.), (iii) user-defined Dialogue session termination.

The Client may interact with his own clients upon the Live option. That is being done via multiple digital channels at a single site. In any case, the number of Conversations held is being counted since the moment an agent or a registered user answers within any of the digital channels using and/or based upon our technology solutions of the Services.

Help submenu is a knowledge base that uses an AI-powered search engine with autocomplete suggestions. It facilitates access to information from any channel used both within and outside the Company. In any case, the number of interactions between the Client and the Help Desk will be counted since the very moment the Client performs a search or request to API.

Use and/or access to any of the Services mean that you accept these Conditions. In case you use the Services on a behalf of an organization, legal entity or any other artificial person (the “Organization”), you accept, understand and acknowledge that the Organization is clear about these Conditions, accept them and you are an authorized person to represent the Organization.

The use of the Services is possible only in case you have the capacity to bind yourself by executing an agreement with DialogFlows, in compliance with these Conditions and all local, state, national and international laws, and other law rules and regulations that may be applied to the Services. You understand that the Conditions, from time to time, may subject to changes as they evolve as a part of the Services. By that changes the Conditions may enlarge or decrease the number and content of the posts as the functions of the FlowBot technology may be reduced or added. The changes may occur without the prior notice. You accept that DialogFlows may, without any prior notice, interrupt or permanently disrupt the provision of its Services or their parts, both to you and to any other user.

Knowledge

The Services allow to create, publish and upload information, tests, charts and/or other materials, and store them as “Knowledge” (if created by other users) or “Your Knowledge” (if created by you). That information may be shared with third parties. You should prove and/or retain ownership of Your Knowledge and accept and understand that DialogFlows has no liability if any of the other users or a third party copies, retransmits, shares, trades or discloses Your Knowledge. You understand and accept that no Your Knowledge publications and posts can substitute a legal registration of your copyright, or a relevant copyright authority confirmation, or any other legal copyright entities. All data, with an excerpt of your sensitive private data, is stored, posted and used within the Services as a public shared information.

You are obliged not to create, upload and/or publish any Knowledge entries that: (i) may result in a risk of damage, loss, physical or mental distress, death, disability, injury, disfigurement or physical or mental illness to you or to any other person or an animal, (ii) may result in a risk of damage to any individual, legal entity and/or property, (iii) is intended to damage and/or exploit minors exposing them to an irrelevant and/or inappropriate Knowledge entries, forcing them to submit private or any other information, (iv) may contribute and/or assist in any types of criminal activities, (v) contains any type of data that are considered illegal, harmful, abusive, ethically or racially offensive, as well as information that intrudes personal privacy, is harasses or humiliates for any other persons, contains threats or blackmailing, (vi) contains any illegal information or Knowledge, including sharing private information without the legal right and authority level to do so, that may be shared, distributed or sold etc., (vii) may disclose any private information of any kind without the appropriate right to be disclosed, (viii) contains any information or Knowledge that is known to you as incorrect, corrupted or outdated. You accept that published Knowledge cannot infringe any third parties’ rights, including and without any limitations the data that is considered to be an intellectual property or a right to privacy. DialogFlows reserves the right, but not obliged to decline and/or delete and/or remove and/or wipe any Knowledge that is infringing the rights and regulations mentioned above.

You shall possess a legal ownership of the posted or uploaded Knowledge, but you authorize DialogFlows to use, copy, reproduce, process, adapt, amend, publish, transmit, edit, translate, show, and distribute such Knowledge within the Conditions to provide the Services.

You accept that DialogFlows may use Your Knowledge, your questions and answers, and other content added by you in order to improve its AI processes and algorithms.

You accept that DialogFlows may amend and/or adapt Your Knowledge in order to transmit, show, post, publish and/or distribute that information through social networking activities and/or platforms and/or other means of information sharing within and/or by other communication channels. You authorize DialogFlows to edit, adjust and/or modify Your Knowledge (provide changes) if, in DialogFlows’s opinion, there is an urgent or functional need to do so with no limitation to any type of network, device, service or means of communication.

DialogFlows reserves the right, but under no circumstances is obliged to, delete or refuse to retransmit any Knowledge data through the use of the Services. You accept that DialogFlows reserves the rights to have access, read, maintain and/or disclose any information if there is a chance of an accident (depicted below) to take reasonable measures and act: (i) to comply with any applicable law, regulation, legal proceeding or governmental request, (ii) to enforce these Conditions, including investigation of the detected or suspected infringement within the Services, (iii) to detect and/or prevent the fraud connected with safety and technical issues, (iv) to answer to user requests for assistance, or (v) protect the rights, property or security of DialogFlows, its users and the general public.

Your Account in the Services

DialogFlows must gain accurate information when a user account is created. Your account gives you access to the Services, the functions and features of FlowBot Technology. The Services and/or their parts may, from time to time, get modified and upgraded in order to improve the Services. DialogFlows may hold different account types provided for different types of users. Getting connected with the Services via a third-party platform means you give a permission for DialogFlows to have access to your information, use it through the Services and store your Services admission data. You are restricted from using another user’s account without a proper permission.

Account Security

You are responsible for your password safety and being undisclosed in all cases and by all means of accessing the Services, including third-party platforms and services. You shall not disclose your password to third parties. DialogFlows is not to be liable for any loss or damage that occurred as a result of a failure to comply with the security requirements mentioned in the Conditions. You shall, but not obliged to, inform DialogFlows in any case you become aware or suspicious about any security violations and/or breaches or any other type of unauthorized access to the data, including user profiles. You shall inform DialogFlows immediately if you become aware that your account is being accessed by an unauthorized entity of any kind.

DialogFlows License

DialogFlows grants a worldwide license which, unless upon written authorization, is granted with no right to be sublicensed or become a non-exclusive licensed product and/or service. DialogFlows reserves all rights not expressly granted under these Conditions and shall be entitled to terminate this license at any time and for any reason, and for no reason.

You shall not be authorized to use Services for other (different) purposes than your business.

Payments

DialogFlows obliges to provide its Services under an essential condition of the invoices paid in due time and manner. DialogFlows becomes entitled to cancel the Services you use in case you fail to comply with the Payment conditions.

Intellectual Property

All rights, title and interest on the Services (with an exclusion of Knowledge provided by users) are and shall remain an exclusive Intellectual Property of DialogFlows and its Licensors. The Services are protected by copyright and trademark laws and other laws of the United States and abroad. Nothing contained and described in these Conditions give you a right or authorization to use DialogFlows, FlowBot, Live and/or any other DialogFlows elements such as trademarks, logos, domain names and other distinctive features as a subject of your ownership. All the remarks, opinions, suggestions and/or comments regarding DialogFlows and its Services that may be given to you shall remain for informational purposes only. DialogFlows may use these remarks, opinions, suggestions and/or comments for its purposes and in an adequate way, and this shall not create any obligation to you.

DialogFlows owns and retains all rights to the Services, software to provide the Services, their constituents, source codes, new versions, processes, images, animations, modules, video, audio, texts, algorithms, sub-programs, printed material regarding the topic, electronic or digital materials, their copies etc. DialogFlows claims all of the above its Intellectual Property which may be given to you for use within the limitations provided and described in these Conditions. DialogFlows’s rights are protected by national and international law and provisions, as well as by copyright laws, treaties and Intellectual Property rights. You are obliged to never remove, delete, blur or distort in any way the copyright notices, trademarks and trade names in general as well as parts of any notice contained in the related documents.

You acknowledge that you accept that DialogFlows may include you to the public list of its clients, what identifies you as a user and may identify you by the use of your trademark, logo and/or trade name.

Use of the Knowledge

All Knowledge entries provided by the user as a part of the Services undergo an exclusive responsibility of the creator of such Knowledge. The Knowledge entries are understood as both public and privately transmitted data within the Knowledge. DialogFlows does not guarantee or possess a warranty of the entirety, veracity, exactness or reliability regarding any Knowledge data created, loaded to or published through the use of the Services. DialogFlows does not support any opinion and/or point of view transmitted via the Services. DialogFlows has no capacity to supervise and/or control the Knowledge entries created, uploaded, transmitted and/or published within the use of the Services. DialogFlows can not assume any liability in relation to such Knowledge. You possess an exclusive liability for all the Knowledge entries provided, entered, published, uploaded, created and relied upon as a part of a public and non-public Knowledge exchanges. Under no circumstance, DialogFlows shall be liable for any Knowledge entries, or for any loss or damage that occurred as a result of the use of any Knowledge entries contained within FlowBot itself or any other part of the DialogFlows Services.

You accept your sole responsibility for the use of the Services, and for any Knowledge provided by you, and for the consequences of the interaction, relying upon, trusting or using your Knowledge and/or Knowledge entries provided by other users or the third parties. You understand that lacking authority or being entitled to upload, load and/or add Knowledge in any other way may subject you to legal liability. DialogFlows shall not be liable for its use of Your Knowledge in accordance with these Conditions. You represent and warrant that in case you have any legal rights, power and required authority level to grant the right granted under this document on any Knowledge entry provided by you.

Acceptable Use of FlowBot and Live

Users trust DialogFlows to deliver its Services, and DialogFlows trusts users to treat and use the Services responsibly. You accept that you shall not misuse the Services and you undertake not to:

– Sell, perform any acts of disposition, lend, deliver, license, sublicense, transfer or loan for use in whole or in part, on any (both permanent and temporary) basis, free of charge or for valuable consideration, any of the Services or their parts to the third parties, unless the appropriate right is given to you and expressed in writing that empowers you as a representative with an essential authorization of DialogFlows.

– Use the Services for unlawful purposes or for the encouraging, promotion and/or supporting any of the unlawful activities.

– Publish any Knowledge through the Services in a way that violates any applicable law, including Intellectual Property, the law on privacy, advertising laws, obligations resulting from any contractual relationship.

– Pretend to be another individual or individuals or entity through the use of the Services, or assume a false identity, or to mislead or deceit other participants of the use of the Services.

– Publish, disclose or upload private information or any other type of a third party identification data (e.g. credit card numbers, addresses, ID numbers, etc.) without its clear expression, authorization and permit you to do so.

– Send unrequested communications, promotions, notices and/or spam.

– Publish or link malicious Knowledge with an intent to provide any type of damage and/or alter the functionality of any hardware and software components, or compromise the privacy of the Services, DialogFlows and/or any other users or third parties.

– Access, reach, maneuver or use nonpublic areas of the Services, FlowBot IT systems, Live IT systems or technical support systems and their hardware and software components and subsystems.

– Analyze, scan or test the vulnerabilities of any system or network, elude security and/or avoid authentication measures.

– Use scraping and other means of accessing and performing a search with the use of the Services for any other purpose that differs from the public use of the Services.

– Modify public interfaces or change any part of the Services for any purpose with an exception of the purposes listed in these Conditions.

– Forge any Transmission Control Protocol (TCP) and/or Internet Protocol (IP) or the information contained in the heading of any electronic mail or publication, or misuse the Services in any other manner for the purpose of sending altered, deceitful and/or fraudulent information and data files.

– Interfere with, or interrupt access to (any user), host or network, including, without limitation, sending a virus, sending spam, mail-bombing the Services or encrypting the Knowledge in a way that causes interferences within the Services, or to create an excessive load on the Services. All international users undertake to comply with a local law, rules and regulations on acceptable online behavior and knowledge.

DialogFlows may investigate and/or suspend your account in case you breach any of the rules mentioned in these Conditions. DialogFlows reserves the right to immediately suspend, close or delete your account without any prior notice, act so on its own discretion, and it is meant that you have failed to comply with these Conditions or have misused the Services.

You hereby accept that you will not use the Services in any other manner contrary to the good faith, public policies and effective laws.

Privacy

DialogFlows collects, uses and shares personal identification information and non-personal identification information as described in its Privacy Policy. You accept that you are aware of the fact and have no objections to the collection of such data and consent that your personal data will be collected, used, transferred and processed with a full accordance with the Privacy Policy of DialogFlows.

External Links

The Services may contain links to the outer (third-party owned and maintained) websites, advertisers, services, special offers and/or other events, platforms and/or activities, which are neither owned nor controlled by DialogFlows. DialogFlows shall not be liable for any third-party website, information, material, product and/or service. You follow an external link away from the Services on your own risk and under your own responsibility. You understand and accept that these Conditions and our Privacy Policy does not apply to the external platforms or services. Hereby, you accept that DialogFlows shall not be liable or responsible for any result of your activities that begin with an external link, including the following activities on a third-party resource. You accept that such relationship between you and a third-party platform or service is solely your own responsibility. You hereby accept that DialogFlows shall not be liable for any loss or damage inflicted upon you as a result of your interaction or relationship with an external platform, resource and/or service of any kind.

Indemnity

You hereby accept to hold DialogFlows, its Licensor, Licensees, Employees, Contractors, Agents, Officers and Directors harmless, against any claim, damages, obligations, losses, liability, costs, debts, expences (e.g. attorney fees) arising from the use and access to the Services, including but not limited to, any claim as a result of: (i) data or Knowledge transmitted or received by you, (ii) access or use of the Services by third parties with your user name and password, (iii) infringement of these Conditions and/or any other applicable rule or regulation.

Confidential Information

You hereby undertake to protect as confidential and not to disclose to any third party any Confidential Information, as this term is described below. It applies to the Confidential Information received from DialogFlows, its related companies, products and Services in whole or in part that are in any manner obtained by you in relation to, or with respect of the execution of the Licence Agreement. “Confidential Information” is understood as information not available for general public and which is used, developed or obtained by DialogFlows and/or its related companies. Confidential Information means, including but not limited to, the following: (i) information, procedures and data obtained and/or developed by DialogFlows or its related companies related to business or affairs of DialogFlows, or its related companies, (ii) products and services that belong to DialogFlows or its related companies, (iii) costs and price structures, (iv) analysis performed by DialogFlows, its related companies, products and/or services, (v) business and accounting methods, (vi) software, operating systems, programming requests and lists, (vii) organizational charts, manuals and related and non-related documents, (viii) production and service performing methods, processes, technology and trade secrets, and (ix) any other similar information related to them in any way and/or manner. Under these Conditions, you undertake to use Confidential Information only as a way of fulfilling the obligations assumed herein. You understand, accept and undertake to take all reasonable and necessary security, privacy and confidence measures, treat the Confidential Information on the same level as your own private and/or confidential information to keep the Confidential Information in strict confidence. Under no circumstances, you shall overuse the security measures that conflict and/or infringe the applicable law or related requests and/or authorized governmental obligations to be performed as an act of any law enforcement in your area. You shall take necessary measures in order to guarantee the secrecy and security of the Confidential Information as a point of interest of the subjects that may misuse, abuse, steal, hijack etc. your personal and private data. Be concerned about the risks of human or device compromise to keep the Confidential Information in strict confidence. You should report any case of the suspicious or proven harmful activity regarding Confidential Information.

Amendments

DialogFlows reserves the right to review and modify these Conditions from time to time in order to keep the information up to date. It also undertakes to publish the most recent version of the Conditions on its website. In case the changes provided are deemed fundamental, DialogFlows shall give notice to you through an additional method or way to deliver information. It may include electronic mailing to the address associated with you and your account. You should check the Conditions web page and/or corresponding website URL in order to be informed about the most recent changes and updates in the Conditions. Changes provided in the Conditions may be published on the Conditions web page or under an URL linking with a related web page. You are understood to be acceptable to be bound to the Terms and Conditions in case you continue the use of the provided Services after any amendments to the Conditions are made. In case you can not accept the new terms of use you must disrupt and discontinue the use of the Services immediately.

Disclaimer

The Services are provided under the conditions set forth in these Terms and Conditions the way they are currently offered. Be aware that you use the Services on your own risk. Services are offered without any warranty, including but not limited to, marketing warranty, warranty of skill for a specific purpose or warranty of no offense. DialogFlows and its license providers do not warrant that: (i) Services shall be reachable at any time at any place, (ii) Services shall remain uninterrupted, uncorrupted and safe, (iii) every defect and/or error shall be remedied, (iv) Services are free of viruses and malware and/or any other harmful digital components.

Under no circumstances, DialogFlows, its Affiliates, Agents, Directors, Employees and/or Suppliers shall be liable for direct, indirect, incidental, special or punitive damages, including without limitation, business interruption, loss of profit and/or other intangible losses resulting from the use or inability to use the Services. Under no circumstances, DialogFlows shall be liable for any damages and/or losses that occur as a result of the hacking attack, alteration or unauthorized access to your account or for other use of the Services, and/or the information contained within.

Under no circumstances DialogFlows shall be liable for: (i) anything related to you and/or (ii) the use given by you to the Services and/or (iii) errors in the Knowledge, (iv) direct or indirect damages that may be inflicted by you upon the third parties, (v) injuries or damages to any property of any kind as a result of your access to or the use of the Services, (vi) unauthorized access to the DialogFlows servers and/or information contained therein, (vii) any interruption or discontinuing of transmissions from or within the Services, (viii) any errors, viruses or other harmful software activities which may be transmitted or published by a third party within the Services, (ix) any Knowledge of any user or any third parties, (x) any offensive, illegal, destructive behavior of any other user or any of the third parties, (xi) cases when the Services do not satisfy the user’s needs and/or purposes.

In no event DialogFlows, its Agents, Directors, Employees, Suppliers or Licensors shall be liable to you against any claim, procedure, damages, duties, expenses or losses, in an amount that exceeds the amount paid by you for the Services.

You are holding a sole responsibility for any Knowledge uploaded or obtained through the use of the Services. You manipulate Knowledge at your own risk. You must be aware of a chance of any sort of damage the Knowledge may do to your IT system and/or its subsystems, devices of all types, and of data losses and distortions. DialogFlows does not warrant, and therefore cannot be liable for any product or service provided and delivered by a third party through the use of the Services. DialogFlows shall not be a part of such transactions and shall not monitor any transaction made within the Services made by you and third-party suppliers of products and/or services.

DialogFlows may carry out routine maintenance tasks and activities and/or improvements of the Services in order to correspond with the features given in Services. You fully understand and accept the risks of the Internet connection failure due to the unforeseen contingencies, third-party services’ instability or failure and/or other related accidents. DialogFlows cannot be liable for eventual failures, slow connectivity, access errors or other digital aberrations of the Services for reasons not attributable to DialogFlows.

The Services possess a high availability and auto-scaling of the system infrastructure, which shall be available twenty-four hours, seven days a week. Yet, (i) DialogFlows reserves the right to perform scheduled interruptions of the Services (such scheduled activities may follow information notices delivered to users via e-mail, or published on the URL of the Conditions web page in order to keep users informed in advance of at least twenty four hours before a scheduled event) in order to perform maintenance tasks, carry out maintenance activities, repairs and other stability-related actions related to the improvement of the Services. (ii) DialogFlows may perform unscheduled interruptions when at its own discretion it thinks that there are emergency reasons to do so.

Taking into account the provisions set forth in the preceding paragraph, DialogFlows informs that in case that the Services level is less than:
– 99%, 10% of the amount of the invoice shall be reimbursed from the invoice corresponding to the month on which the failure in the Services occurred.
– 95%, 15% of the amount of the invoice shall be reimbursed from the invoice corresponding to the month on which the failure in the Services occurred.
– 90%, 20% of the amount of the invoice shall be reimbursed from the invoice corresponding to the month on which the failure in the Services occurred.

The Services level shall be published at a corresponding DialogFlows web page.

You shall give a detailed feedback directed to DialogFlows on any issues that can be understood as failures of the Services. In response, DialogFlows shall inform you about the nature of the failure in the relevant Service and the estimated time of repair. You shall provide all the reasonable and necessary support. In case the failure is not related to the Services you shall be informed by DialogFlows. Once an issue is fixed you shall be noticed immediately.

This limitation of liability applies both in the alleged liability is based on the Agreement, damage, negligence, strict liability, or otherwise, even if DialogFlows has been warned of the feasibility of such damages.

CERTAIN STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF THE DIRECT OR INDIRECT DAMAGES. IN SUCH CASES, THE FOREGOING LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY TO THE USER. THIS AGREEMENT GRANTS SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO BE ENTITLED TO OTHER RELEVANT RIGHTS WHICH MAY VARY FROM STATE TO STATE. WAIVERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL NOT APPLY IF ESTABLISHED IN THE APPLICABLE LAW.

Miscellaneous

These Conditions and any rights and licenses granted by this document, may not be transferred or assigned by you, but they may be assigned by DialogFlows without restrictions. In case you attempt to transfer or assign, such transfer or assignment shall be null and void by operation of law.

In case an unlikely event occurs, such as a dispute arising between DialogFlows and you could not be resolved privately by DialogFlows, both parties hereby agree that any claim, dispute or controversy (with an exception of provisional remedies or equal compensation requested by DialogFlows) arising as a result of or in connection with, or in relation to, these Conditions, or the breach or alleged breach thereon (jointly, the “Claims”), shall be submitted to arbitration under the rules of the American Arbitration Association (the “AAA”) in the City of Miami, Florida, pursuant to the rules of the AAA then effective, unless otherwise expressly stated in this Agreement. The award rendered by the arbitrator shall include arbitration costs, reasonable attorneys’ fees, and reasonable fees of experts and other witnesses. Nothing contained in this clause shall be deemed to prevent DialogFlows from requesting provisional remedies and/or seeking equitable compensation before the competent authorities, as necessary to protect any interests held by DialogFlows. ALL CLAIMS MUST BE FILED INDIVIDUALLY BY THE PARTIES, AND NOT AS CLAIMANTS OR MEMBERS OF ANY CLASS ACTION. YOU ACCEPT THAT, BY ACCEPTING THESE CONDITIONS, YOU AND DIALOGFLOWS WAIVE THE RIGHT TO TRIAL BY JURY OR TO BE PARTY TO A CLASS ACTION.

These Conditions and all related amendments and additional agreements that may be entered into with DialogFlows in respect of the Services shall constitute the entire Agreement between you and DialogFlows. In case any provision of these Conditions is known and/or held as invalid by a court of competent jurisdiction, it shall not in any way affect the validity of the remaining provisions contained in these Conditions, which also shall remain in full force and effect.

No waiver with respect to any of the terms present and described in these Conditions shall be considered as a waiver to other terms not expressly detailed and/or pointed out, and failure by DialogFlows to enforce any right or provision under these Conditions shall not be deemed as a waiver to such right or provisions.

In case it is required by law, notices may be given by DialogFlows. This is also applicable to and for other purposes related to the business provided by DialogFlows. It may give the described notices on its own choice via e-mail, physical letter or publication on the website. You may choose to unsubscribe from certain types of notices by visiting a configuration site.

For any question or inquiry as to these Terms and Conditions, contact DialogFlows at demo@dialogflows.com. These Conditions were last updated on 2018.06.20