Terms of use for Kwizbot

Please read carefully these Acceptable Use Policy of Kwizbot - a modular computer program designed for building communication scripts and chatbots in connected channels with an open API ("Terms", "Terms of Use") before starting to use it on the site http://kwizbot.io/en, access to which is provided by the Representatives listed in the list of representatives presented on the website http://kwizbot.io/en in the "Contacts" section ("Representative", "We", "Our").

Your access to and use of Kwizbot is subject to your agreement to and compliance with these Terms. These Terms apply to all visitors, users and other persons who use or access Kwizbot.

By accessing or using Kwizbot, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you will not be able to access Kwizbot.

These Terms of Use define the terms and conditions of use of Kwizbot, liability, privacy policy, cookies policy, anti-spam policy with you as a user of the Program ("User", "You').

The terms of paid use of Kwizbot are additionally regulated by a separate Agreement on the provision of services in the field of information technologies, concluded with you under the terms of the public offer agreement.

1. DEFINITION OF TERMS

1.1. Kwizbot is a modular computer program designed for building communication scripts and chatbots in connected channels with an open API (hereinafter referred to as the Program).

1.2. Kwizbot modules:
– Operator panel means a module that allows you to connect a user with the role of "operator" for dialogue and sending messages to chatbot users in any available channel.

– Script builder means a module that allows you to configure chatbots and interact with the Kwizbot script - create and configure bot parameters, as well as a visual interface for controlling the bot script.

– Site widget means a module that allows you to place a widget on any connected website, through which the site visitor can interact with the chatbot and conduct dialogues with the operator.

– Custom data means a module that allows you to create and save data in the Kwizbot database for further use in the script.

– Contact Centre PRO means a module that allows you to receive advanced statistics on the work of users with the role of "operator", such as operator working hours, reports on operators' working hours, statistics by operators and topics, NPS reports, detailing dialogues by operators and topics.

– OCR Kwizbot means API service for extracting/reading fields from photos of documents uploaded by users to chatbots or related services or programs.

– Kwizbot Live Cart means a module of the web version of Kwizbot, which allows you to conduct video calls between two participants of the chatbot (client and operator) or in services and programs related to the bot, to save a video recording of the call, both the whole and individual ones personnel, configure additional features of the client and operator interface.

– SDK Kwizbot means a version of Kwizbot for mobile devices running on Android and IOS operating systems. The development used the Flutter open source framework.

A unique name (login) is a symbolic code used to work with the Program. It is provided to the user once when connecting to the Program, is unique for each user and is stored by him/her for all time.

1.3. Access means the right to use the Program as a whole and/or its individual Modules under the conditions defined by these Terms.

1.4. A representative is a person specified in the list of representatives presented on the website http://kwizbot.io/en in the "Contacts" section, who has the right to use the Program and provide access to it to third parties.

1.5. The User is a natural person of full legal capacity, or a legal entity that has received the right to use the Program as a whole and/or its individual Modules in the scope and under the conditions stipulated by these Terms.

1.6. Territory is an unlimited territory to which the rights granted in accordance with these Terms to use the Program as a whole and/or its individual Modules apply.

2. SUBJECT OF THE TERMS

2.1. These Terms are legally binding. If you wish to use the Program, you must fully and unconditionally accept all provisions of these Terms, as well as the terms of the "Privacy Policy" located at http://kwizbot.io/en/privacypolicy, "Cookie Policy" located at http://kwizbot.io/cookies. The Privacy Policy and the Cookie Policy are inextricably linked to these Terms and may change from time to time.

2.2. To use the Program, the User must enter into an Agreement on the provision of services in the field of information technologies with the Representative, which is concluded under the terms of the public offer agreement posted at https://kwizbot.io/ua/offer and receive an invoice for payment of access to the Program with the selected Modules.

After the payment, the User gets access to the Program with the selected Modules in the form of a unique login and password. The access is granted from the first day and is valid until the last day of the period specified in the invoice and paid by the Customer.

2.3. The User may not use the Program and/or its separate Modules for purposes and means not specified in these Terms and/or for purposes and methods that violate these Terms.

2.4. The right to use the Program, which is granted in accordance with the procedure provided for in Clause 2.2. of the Terms, may be carried out by the User within the Territory (clause 1.6), during the period of the Access paid by the User, which cannot be less than one month.

2.5. The User is prohibited from transferring the login and password to third parties or otherwise providing third parties with the opportunity to use the Program.

2.6. The Program is not sold or transferred to the User for ownership or disposal in any other way. The access to the Program implies the right of the User exclusively to use the Program with selected Modules within the paid period. The User is not allowed to sell or otherwise alienate the rights to use the Program obtained in accordance with these Terms.


3. USE OF THE AРІ SERVICE

3.1. The use of the Program by the User is carried out by obtaining a unique login and password with further use of selected and paid Program Modules in accordance with their functional purpose.

3.2. The User can use the Program provided that the login and password are entered correctly and there is access to the Internet.

3.3. Integration of the Program with the User's applications, systems and services is not included in the cost of the Access.

3.4. Prohibited actions:

– integration of the Program's functions into third-party sites and services, except when such integration is expressly permitted by the Program's Representative or developer;

– taking actions aimed at misleading the Representative or other Users;

– use of the Program on behalf of or instead of another person, with the exception of cases when such a person granted the User such authority on the basis of a Power of Attorney or other legal document drawn up in accordance with the law;

– disclose the technology or decompile the Program, except in cases and to the extent that such actions are unquestionably allowed by the current legislation, regardless of the presence of this restriction in the Terms.

3.5. Granting the right to use the Program to a third party is prohibited, unless otherwise provided by a special agreement with the Representative. Such a transfer of the right to use the Program cannot be indirect, for example, by way of assignment, etc.

3.6. The User guarantees that his/her use of the Program does not violate anyone's rights.

4. RIGHTS AND OBLIGATIONS

4.1. The user has the right:

4.1.1. To use the Program under the conditions and to the extent stipulated by these Terms and the Agreement on the provision of services in the field of information technologies concluded between the User and the Representative under the terms of the public offer agreement.

4.1.2. To contact the Representative for the purpose of obtaining technical and consulting support related to the use of the Program on the terms of paid support in accordance with the Agreement on the provision of services in the field of information technologies.

4.2. The user is obliged:

4.2.1. Timely and fully to pay for the right to use the Program with the selected Modules for a fee, in accordance with the Agreement on the provision of services in the field of information technologies concluded between the User and the Representative under the terms of the public offer agreement.

4.2.2. Not to take any actions that may cause the Program to malfunction.

4.2.3. Not to damage, block, overload or otherwise harm the networks and servers where the Program is hosted. Otherwise, the User is obliged to compensate for the losses caused by the above-mentioned actions, and the Representative has the right to suspend the Terms until such time as the User does not stop such actions, and the losses are not properly compensated.

4.2.4. Independently to bear all costs related to Internet access, traffic payment, etc.

4.3. The Representative has the right:

4.3.1. To suspend the User's Access to the Program and/or its separate Modules in cases of necessary preventive (regulatory) and repair work, which will be planned for a time when this may cause the least damage to the User and inform the User about this by e-mail specified by him/her at the time of signing the agreement for the provision of services in the field of information technologies, concluded between the User and the Representative under the terms of the public offer agreement, not less than 2 (two) working days before the date of such work.

4.3.2. To update versions of the Program;

4.3.3. To receive payment from the User for providing access to the Program.

4.4. The Representative is obliged:

4.4.1. To grant the User the right to use the Program with the selected Modules in accordance with the ordered and paid service of access to the Program in accordance with the concluded Agreement on the provision of services in the field of information technologies concluded between the User and the Representative under the terms of the public offer agreement.

4.4.2. To guarantee that the adoption of the Terms does not violate the exclusive property rights of the Program developer;

4.4.3. To provide the User with consulting support related to the use of the Program through the communication channels specified in the Agreement on the provision of services in the field of information technologies, except for the time allowed in accordance with the terms of paid support under the agreement.

4.4.4. To keep confidential information received from the User, not to divulge, not to publish, and to protect third parties from access to it (except for cases provided by current legislation).

5. SETTLEMENTS PROCEDURE

5.1. The conditions and payment procedure for access to the Program are regulated by a separate Agreement on the provision of services in the field of information technologies, which is concluded between you and the Representative under the terms of the public offer agreement.


6. LIMITATION OF LIABILITY

6.1. The Access to the Program is provided to the User on "as it is" terms, in accordance with generally accepted principles in international practice. This means that the Representative is not responsible for problems that arise in the process of accessing, updating, maintaining and using the Program (including problems of compatibility with other software products), inconsistency of the results of using the Program with the User's expectations, as well as for any consequences caused by such the use or non-use of the Program. The Program is not adapted and cannot be used in information systems operating in dangerous environments or serving life support systems, in which a failure in operation can create a threat to people's lives or cause significant material damage.

6.2. The User bears full responsibility for the content and form of messages, for the accuracy, reliability, completeness, legality, quality and content of the information materials that he/she processes with the help of the Program.

6.3. The User is responsible for keeping secret his/her authorization data in the Program using a unique name (login) and password. Actions performed using the Program using the User's authorization data will be considered performed by the User.

6.4. Information provided by the Representative in the form of news, press releases and other informational materials is considered current as of the date of their creation. Due to subsequent events and the passage of time, some such information may be incomplete or inaccurate, but the Representative will use reasonable and economically reasonable means to update or remove it.

6.5. The User is provided with information about various projects and future events related to the Program, its experimental functions, etc., however, such information will always be preliminary and current events and circumstances may differ due to the influence of various factors.


7. LIABILITY

7.1. For non-fulfilment or improper fulfilment of obligations under these Terms, the guilty person bears the responsibility defined by these Terms and current legislation.

7.2. The Representative's liability under any of the provisions (conditions) of the Terms is limited to the amount of 10.00 euros. These limitations do not apply to liability that cannot be excluded or limited under applicable law.

7.3. Use of the Program by the User in a way not provided for by the Terms, or in excess of the granted rights, is a violation of the rights of the Representative and/or developer.

7.4. In no event shall either Party be liable to the other Party for any lost profits, revenue or indirect, special, incidental or punitive damages, whether arising in agreement or in tort, and regardless from the theory of liability, even if the Party was informed of the possibility of such damage. The above disclaimer may not be enforced to the extent prohibited by law.

7.5. In the event that third-party claims are presented to the User in connection with the User's violation of the terms of these Terms, the User undertakes to immediately notify the Representative and settle such claims independently, at his/her own expense and without the involvement of the Representative, or to take other actions that exclude the occurrence of costs and losses of the Representative. The Representative has the right to independently take measures aimed at protecting his/her own reputation or settling claims. In such a case, the User is obliged to reimburse all costs incurred by the Representative (including court costs, costs for payment of fines, costs for legal services and/or legal aid).

7.6. All fines provided by the Terms are charged for the entire period of delay.

8. CONFIDENTIALITY

8.1. The Parties undertake to maintain the confidentiality of documentation and information within the scope of the Terms. The Parties will take all necessary measures in order to prevent the full or partial disclosure of the said information or their familiarization with third parties without prior mutual agreement. Only those persons from the staff of the Parties or persons authorized by them who are directly related to the fulfilment of obligations under these Terms may be familiarized with the transferred documentation and information.

8.2. Upon separate request of the User to the Representative, as well as after termination of the Terms, the Representative deletes all data and backup copies containing the User's personal information from its information carriers.

8.3. The fact of adoption of the Terms is not confidential information. The User has the right to inform an unlimited number of persons that the User is using the Program during the term of validity of the Terms.

8.4. For the avoidance of doubt, any oral or written exchange of information, correspondence, inquiries about the Parties' compliance with the Terms are confidential.

8.5. To ensure compliance with the requirements of the GDPR, the processing of personal data will be organized in accordance with the requirements of the current legislation and the Privacy Policy.


9. PROTECTION OF THE GRANTED RIGHTS

9.1. During the entire period of validity of the Terms, the User undertakes not to dispute any intellectual property rights of the Representative and/or developer and not to facilitate this.

9.2. The User undertakes to immediately notify the Representative of cases of illegal use of the Program by third parties that become known to the User.

9.3. In the event that the User is presented with claims or lawsuits regarding his/her violation of the intellectual property rights of third parties in connection with the use of the Program, provided that the User is not at fault, the User undertakes to immediately notify the Representative and the Representative to take measures to settle such claims.


10. CIRCUMSTANCES OF FORCE MAJEURE

10.1. The Parties are released from responsibility for partial or complete failure to fulfil their obligations under these Terms, if their fulfilment is prevented by extraordinary and insurmountable circumstances of force majeure under the given conditions.

10.2. Under circumstances of force majeure, the Parties understand such circumstances as: earthquakes, fires, floods, other natural disasters, epidemics, accidents, explosions, military actions, as well as changes in legislation, which led to the inability of the Parties to fulfil their obligations under these Terms..

10.3. In the event of force majeure circumstances that prevent one of the Parties from fulfilling its obligations under these Terms, it is obliged to notify the other Party immediately after the occurrence of such circumstances. At the same time, the deadline for fulfilling obligations under these Terms is postponed according to the time during which the force majeure circumstances were in effect.

10.4. If the circumstances of force majeure continue to exist for 1 (one) month, any of the Parties has the right to unilaterally refuse to comply with the Terms by sending a notification to the other Party indicating the date of refusal.


11. GOVERNING LAW. DISPUTES

11.1. The law of Ukraine applies to these Terms.

11.2. The Parties will use their best efforts to resolve all disputes and disagreements that may arise between the Parties regarding these Terms or in connection with them through negotiations. In case of failure to reach an agreement, disputes between the Parties regarding these Terms, or in connection with them, will be resolved in court at the location of the defendant.


12. TERM OF VALIDITY AND CONDITIONS OF TERMINATION OF THE TERMS

12.1. The Terms enter into force from the moment of acceptance of their terms by the User and are valid during the entire period of use of the Program by the User until the end of the period of granting access, provided that the User properly complies with the terms of these Terms.

12.2. In the event of the absence of any activity by the User in the Program and/or the absence of any payments for access to the Program within 1 (one) calendar year, the Representative has the right to deny the User further access to the Program, to delete the User's data, thereby terminating the validity of the Terms.

12.3. The Representative has the right to send a message to the User by e-mail 30 (thirty) calendar days before the occurrence of the specified event. In the event that the User does not respond to the sent messages with a request to warn about the deletion of information about him/her and/or does not use the Program, the Representative bears no responsibility for saving/not saving the User's data.

13. MISCELLANEOUS

13.1. The Representative reserves the right to make changes to the conditions of the Terms, which can be notified to the User by the e-mail indicated by him/her when concluding the Agreement on the provision of services in the field of information technologies, which is concluded between the User and the Representative under the terms of the public offer agreement or by posting such information on the site 10 days before the changes take effect.

The User has the right to refuse to accept the amended terms of the Terms, not to order, not to pay and not to use the Program and/or its individual Modules, in which case the Terms will be considered terminated. By using the Program, the User confirms his/her agreement with the terms of the Terms in the latest version.

13.2. The Parties give their consent to the processing, collection and storage of their personal data in accordance with the norms of current legislation.

13.3. In the event that any provision of the Terms becomes invalid or unenforceable, all other provisions of the Terms shall remain in effect.


14. HARDWARE AND SOFTWARE REQUIREMENTS FOR USING THE PROGRAM:

The User must ensure that its computer systems meet the following minimum hardware and software requirements for effective use of the Program:

• Operating system: latest stable versions of MacOS, Linux or Windows.

• Browser: The latest version of Google Chrome is recommended for optimal performance.

• Processor: A modern processor manufactured within the last 2-4 years is recommended to ensure smooth operation.

• Memory (RAM): Minimum 6GB RAM, 8GB or more recommended for best performance.

• Internet connection: A stable and fast Internet connection is required for real-time communication and access to the Program's functions.

• Screen Resolution: A minimum screen resolution of 1366x768 pixels is recommended, higher resolutions provide a better user experience.

• Other software: any other software that may be necessary for integrations or additional functionality in the Program, such as messenger clients Telegram, Viber, Facebook, Whatsapp must be updated to the latest stable versions

User is responsible for ensuring that its hardware and software are compatible with the Program and are updated to recommended versions for optimal performance and security. The program is designed for use on personal computers and is not optimized for mobile devices.

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EVERGREEN IT DEVELOPMENT LTD
talk@evergreen.team
Offices in Kyiv, Warsaw, London