Welcome to AIVO

These terms and conditions (the “Conditions”) govern the use and access to AgentBot services and/or Live services and/or all and any solutions offered by  AIVO, as well as the use and access to their website and all services and applications (the “Services”). Both the access and the use of the Services are contingent upon the acceptance and compliance with these Conditions. These conditions apply to all visitors, users and to any individuals who access  or use the Services.

Use of the Services

AgentBot is a service by which a Client with the use of a software may automatically hold a conversation with its clients (hereinafter, the “Conversation”). In this regard, AgenBot service – using artificial intelligence and comprehension of natural language – will give answers to phrases (questions) according to the relevant Client’s specification.

The Conversation may have unlimited interactions and will be deemed ended in the following cases: (i) Inactivity of user for a term of five (5) minutes; (ii) Rerouting the Conversation to another channel (Live, external form, telephone operator, etc.); (iii) Active option to end the conversation in the chat window.

Furthermore, by using Live, the Client may interact with its own client through staff in multiple digital channels at a single site.  In any case, the number of conversations held will be counted from the moment an agent or a registered user answers.

Finally, Help is a knowledge base that uses a search engine with autocomplete suggestions, facilitating the access to information from any channel, both within and outside the Company. In any case, the number of interactions between the Client and the Help Desk will be counted as from the moment the Client makes a search or question to API.

By using or accessing any of the Services, you accept that you are bound by these Conditions. If you are using the Services on behalf of an organization, entity or any other artificial person whatsoever, (the “Organization”), you accept and acknowledge that the Organization gives its consent to these Conditions, and that you have authority to represent and bind the Organization.

You may only use the Services, if you have capacity to bind yourself by executing an agreement with AIVO, in compliance with these Conditions and all local, state and national laws, and international laws, rules and regulations. Moreover, you hereby accept and acknowledge that the Services may from time to time, be subject to changes as they evolve or as functions are reduced or added, which may occur without prior notice. Furthermore, your hereby accept that AIVO may, without prior notice, interrupt either provisionally or permanently, the provision of Live Service or AgenBot Service and/or any of the Services, both to you and to any user whatsoever.

Knowledge

Among other uses, the Services allow to create, publish or upload information, tests, charts or other materials (“Knowledge” or, if created by you, “Your Knowledge”), and share them with third parties.  You shall retain ownership of Your Knowledge and hereby acknowledge that AIVO shall have NO liability whatsoever if any users or third parties copy, retransmit or disclose Your Knowledge.  You hereby acknowledge and accept that the publication of Your Knowledge through the use of the Services does not substitute registration with the relevant copyright authority or any other copyright entities. Please, carefully analyze what you choose to share through the Services.

You undertake not to create, upload or publish Knowledge that: (i) may result in a risk of damage, loss, physical injuries or mental distress, death, disability, disfigurement or physical or mental illness, to you or to any person or animal; (ii) may result in a risk of damage to any individual or property; (iii) is intended to damage or exploit minors exposing them to inappropriate Knowledge, requesting them to submit information, whether personal or otherwise; (iv) may constitute or contribute to any kind of crime, wrong or tort; (v) contains any information or Knowledge considered illegal, harmful, abusive, ethnically or racially offensive, defamatory, or information that intrudes on personal privacy, or that is harassing, or humiliating for other persons or slanderous, threatening or profane; (vi) contains any unlawful information or Knowledge (including but not limited to, the disclose of confidential information by law or third parties ‘commercial information); (vii) contains any information or knowledge which you have no authority to disclose; or (viii) contains any information or Knowledge which you know is incorrect or out of date. You hereby accept that any published Knowledge shall not infringe any third parties’ rights, including without limitation, intellectual property rights or rights to privacy.  AIVO reserves the right but shall in no manner be obliged, to decline and/or delete any knowledge which, at its entire discretion, is deemed to infringe these provisions.

You shall retain ownership of your Knowledge, but you authorize AIVO to use, copy, reproduce process, adapt, amend, publish, transmit, edit, translate, show and distribute such Knowledge in connection with the provision of the Services.  

You accept that AIVO may use your Knowledge as well as the questions and answers, interactions, and any contents owned by you, to improve its processes and algorithms and artificial intelligence.  

You accept that AIVO may amend or adapt your Knowledge in order to transmit, show or distribute it through social networking and/or other means of communication. Furthermore, you authorize AIVO to make changes on your Knowledge if, in the opinion of AIVO, are required to adjust such Knowledge to any requirement or restriction of any network, device, service or means of communication.

AIVO reserves the right -but is under no circumstance obliged- to delete or refuse to the distribution of any Knowledge through the use of the Services, including your Knowledge. Besides, it reserves the right to have access to, read, maintain, and disclose any information if it thinks it is reasonably required to (i) comply with any applicable law, regulation, legal proceeding or governmental request; (ii) enforce these Conditions, including the investigation of any alleged infringement thereof; (iii) detect, prevent, or in any manner address any issues related to fraud, safety or technical issues; (iv) answer to users requests for assistance; or (v) protect the rights, property or security of AIVO, its users and the general public.

Your Account

When you create your account, you must provide accurate information to AIVO.  Your account gives you access to the services and functionalities of AgentBot and/or Live, which services and functionalities may be, from time to time, modified at AIVO´s sole discretion; provided that such modifications do not alter the essence of the Service.  AIVO may hold different types of accounts for different types of users.  If you connect to AgentBot and/or Live through a third party service, you give permission to AIVO to have access to and use your information through the service, and store your data of admission to that service.  You shall not use an account held by another user without its permission.

Account Security

You have the responsibility to protect the password used by you to access the Services and for any activity or actions requiring your password, both whether your password was created through AIVO or through a third party service.  You hereby undertake not to disclose your password to third parties. AIVO shall not be liable for any loss or damage resulting from failure to comply with the requirements herein mentioned.  You shall promptly notify AIVO if you become aware of any security violation or unauthorized use of your account.

AIVO License

Subject to these Conditions, AIVO hereby grants a worldwide license which, unless upon express written authorization, is granted with no right to sublicense and as a non-exclusive license to use the Service or Services.  AIVO shall reserve any rights not expressly granted under these Conditions and shall be entitled to terminate this license at any time and for any reason, and even for no reason whatsoever.

It is of essence that the Services be used in connection with your business. Therefore, you shall not be authorized to use the Services for different purposes.

Payments

For AIVO to be obliged to provide the Services to you, it is an essential condition that invoices be paid in due time and manner. If you fail to comply with this condition, AIVO shall be entitled to cancel the Service.

Unless upon express written authorization, payment for the Services shall be made within 30 days from receipt of the relevant invoice.

With your approval, the price to be paid by you for the Services may be modified by AIVO once a year counted as from the date you actually hired the Services.

Intellectual Property

All rights, title and interest on the Services (excluding Knowledge provided by the users) are and shall remain as the exclusive property of AIVO and its Licensors. The Services are protected by copyright and trademark laws and other laws of the United States and abroad.  Nothing contained in these Conditions shall grant you the right to use the name AgentBot and/or Live and/or any of AIVO’s trademarks, logos, domain names and other distinctive features of the trademark. The remarks, opinions, suggestions or comments that may be given by you in relation to AgentBot and/or Live and/or the Services, shall be for information purposes only. AIVO may use these remarks, opinions, comments or suggestions as it deems adequate but this shall not create any obligation to you.

Software used to provide the Services as a whole, as well as each of their constituents, updates, source codes, new versions, processes, images, animations, modules, video, audio, texts, and algorithms or sub-programs added thereto, and printed materials or material in electronic or digital form added to them, and any copy thereof, are the intellectual property of AIVO and AIVO retains all its rights, the use of which is permitted to you within the limits set forth in these Terms and Conditions. Such rights are protected by national and international laws and provisions and by international copyright laws, treaties, and intellectual property rights. You undertake not to remove or delete copyright notices, trademarks, and trade names and in general, any notice contained in the documents related thereto.

You hereby acknowledge and accept that AIVO may include you in AIVO’s public list of clients, for which purpose, it may identify you by the use of your trademark, logo and/or trade name.

Use of the Knowledge

All Knowledge included in the Services, whether public or transmitted by the users privately, is the exclusive responsibility of the creator of such Knowledge. AIVO does not endorse, support, represent or warrant the entirety, veracity, exactness or reliability of any Knowledge created, loaded to, or published through the use of the Services and it does not support any opinion made through the use of the Services. AIVO has no capacity to supervise and/or control the Knowledge created, loaded to, or published with the use of the Services; thus, it cannot assume any liability in relation to such Knowledge. Therefore, if you use or rely on any Knowledge or materials created, loaded to or published with the use of the Services, it shall be under your exclusive liability. Under no circumstance, AIVO shall be liable for the Knowledge, or for any loss or damage whatsoever incurred as a result of the use of any Knowledge contained in AgentBot Service and /or Live Service.

You hereby accept that you are solely responsible for the use of the Services, and for any Knowledge provided by you, and for the consequences thereof, including the use of your Knowledge by other users and third parties.  You understand that if you are not entitled to load Knowledge to AgentBot and/or Live Services, and if you do it, you may be subject to legal liability.  AIVO shall not be liable for its use of Your Knowledge in accordance with these Conditions.  You hereby represent and warrant that you have all the rights, powers and authority required to grant the rights granted under this document on any Knowledge delivered by you.

Acceptable use of AgentBot and Live

Just as users trust AIVO and the Services, AIVO trusts that you shall use the Services responsibly. Therefore, you undertake not to misuse the Services and you hereby undertake not to:  

  • sell, perform any acts of disposition, lend, deliver, license or sub-license, transfer or loan for use in whole or in part, or on a temporary or permanent basis, free of charge or for a valuable consideration, any of the Services to third parties, unless upon prior express written authorization of AIVO;
  • use the Services for unlawful purposes or for the promotion of unlawful activities;
  • publish any Knowledge through the use of the Services in violation of any applicable law, including intellectual property laws and laws on privacy or advertising laws, or obligations resulting from any contractual relationship;
  • pretend to be other individuals through the use of the Services or in any other manner whatsoever, assume a false identity as to the association with any individual or entity with the intent to mislead or deceit others;
  • publish or upload private information or third party personal identification data, such as credit card numbers, address or ID numbers without their express authorization and permit;
  • send unrequested communications, promotions, notices or spam;
  • publish or link malicious Knowledge with the intent to damage or alter the browser and/or equipment and/or to jeopardize user´s privacy;
  • access, maneuver or use nonpublic areas of the Services, AgentBot IT systems, Live IT systems or technical support systems of suppliers of AgentBot and/or Live;
  • analyze, scan or test the vulnerability of any system or network or fail to observe or elude security or authentication measures;
  • access or search with the use of the Services any other means different from our public interfaces (i.e., “scraping”);
  • forge any Transmission Control Protocol/Internet Protocol (TCP/IP) or the information contained in the heading of any electronic mail or publication, or in any manner use the Services for the purpose of sending altered, deceitful or fraudulent information;
  • 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 such a way so as to interfere with the Services or create an excessive load for the Services.  International users undertake to comply with all local rules on acceptable behavior and knowledge.

AIVO may investigate and/or suspend your account if you breach any of the abovementioned rules. Likewise, AIVO reserves the right to immediately close your account without prior notice if, at its own and exclusive discretion, it considers that you have failed to comply with these Conditions or have misused its Services.  

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

Privacy

AIVO is concerned about the privacy of its users. AIVO collects, uses and shares personal identification information and non-personal identification information as described in its Privacy Policy.  You hereby accept that by using the Services, you give your consent to the collection of such information and consent that your personal data be collected, used, transferred and processed in accordance with the Privacy Policy.

Third Party Links

The Services may contain links to third party websites, advertisers, services, special offers or other events or activities, which are neither owned nor controlled by AIVO. AIVO does not endorse or assume any liability in respect of any of these third-party sites, information, materials, products or services.  If you access third-party websites using the Services, you do so at your own risk and you understand that these Conditions and our privacy policy shall not apply to the use of such sites.  You hereby expressly hold AIVO harmless as against any liability resulting from the use of any third-party website, service or contents, and you accept that your relationship with any third-party website, service or content is only between you and such third parties. You hereby accept that AIVO is not and shall not be held liable for any loss or damage inflicted upon you as a result of your relationship with third parties.

Indemnity

You hereby accept to hold AIVO, its licensor, licensees, employees, contractors, agents, officers and directors harmless, against any claim, damages, obligations, loss, liability, costs, debts and expenses (including but not limited to, attorney´s 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

Your hereby undertake to protect as confidential and not to disclose to any third party any Confidential Information (as this term is defined below) received from AIVO, its related companies, or which is in any manner obtained by you in relation to, or with respect of the execution of the Agreement. For these purposes, “Confidential Information” means information not available to the general public and which is used, developed or obtained by  AIVO and/or its related companies, including but not limited to, the following: (i) information, procedures and data obtained and/or developed by AIVO or its related companies (including those obtained prior to the execution of this Agreement) related to business or affairs of AIVO, or its related companies; (ii) products or services; (iii) costs and price structures; (iv) analysis; (v) business and accounting methods; (vi) software, including operating systems, programming requests and lists; (vii) organizational charts, manuals and documents; (viii) all production methods, processes, technology and trade secrets; and (ix) any other similar information in any manner related to them.  Furthermore, you undertake to use the Confidential Information only as a way of fulfilling the obligations assumed under these Terms and Conditions.  In order to keep the information in strict confidence, you undertake to take all the necessary and reasonable security measures, taking the same degree of care that you use to protect your own confidential information (but in no event, less than reasonable care as established in the applicable law).  You shall take all and any technical and organizational measures required to guarantee the security and secrecy of Confidential Information, to avoid its adulteration, loss, consultation or unauthorized treatment, to detect any deliberate or non-deliberate unauthorized use of the Confidential Information, whether such risk result from human actions or from the technical device used.

Amendments

AIVO reserves the right to amend these Conditions from time to time and it shall always publish the most recent version on its website.  In case of amendments to these Conditions, which at AIVO´s discretion are deemed fundamental, AIVO shall give notice to you through an additional method (i.e., through electronic mail to the address associated to your account.  Changes in these Conditions may be published on the Website or URL corresponding to the Terms and Conditions; therefore, you must check those sites on a regular basis.  By continuing accessing or using the Services after such amendments become effective, you accept to be bound to the amended terms and conditions.  If you do not agree with the new terms, you must discontinue the use of the Services immediately.

Disclaimer

Services are provided under the conditions set forth in these Terms and Conditions and as they are currently offered. The use of the Services is at your own risk. Services are offered without any warranty whatsoever either express or implied, including but not limited to, marketing warranty, warranty of skill for a specific purpose or warranty of no offense.  AIVO and its license providers do not warrant that: (i) services shall be available at any time or in any place; (ii) services shall be uninterrupted or safe; (iii) any defect or mistake shall be remedied; (iv) the Services are free from viruses or other harmful components.

Under no circumstances AIVO, its affiliates, agents, directors, employees or suppliers shall be liable for direct, indirect, incidental, special or punitive damages, including without limitation, business interruption, loss of profit, or other intangible losses resulting from the use or inability to use the Services. Under no circumstances, AIVO shall be held liable for damages and/or loss resulting from hacking, alteration or unauthorized access to your account or for other use of the Services or your account and the information therein contained.

Under no circumstances AIVO shall be held liable for: (I) anything attributable to you and /or (ii) the use given by you to the Services and/or ; (iii) errors or ambiguities in the Knowledge; (iv) direct or indirect damages that may be inflicted by you upon third parties; (v) injuries or damages to personal property of any kind whatsoever, as a result of your access or use of the Services of AIVO; (vi) unauthorized access or use of the servers of AIVO and/or any personal information kept therein; (iv) any interruption or discontinuation of transmission from the Services; (v) any errors, viruses, Trojans or the like which may be transmitted through the use of the Services by a third party; (vi) any error or omission in any Knowledge or any loss or damage incurred as a result of the use of any Knowledge published, sent by electronic mail, transmitted or in any manner made available through the use of the Services; and/or (vii) any Knowledge of any user or any third parties´ behavior that is defamatory, offensive or illegal; and/or (viii)  cases where the Services do not satisfy the user´s needs.

In no event AIVO, its agents, directors, employees, suppliers or licensors shall be held liable to you against any claim, procedure, duties, damages, losses or expenses, in an amount exceeding the amount paid by you for the services.

Any Knowledge unloaded or obtained through the use of the Services is unloaded at your own risk and you shall be solely liable for any damage to your IT system and/or mobile device or for the loss of data resulting from such unloading or from the use of any of the Services.  AIVO does not warrant, and shall not be held liable for the products or services offered by third parties through any of its Services.  AIVO shall not be a party to such transactions and shall not monitor any transaction made between you and third-party suppliers of products or services.

Given the features of the Services, AIVO may carry out routine maintenance tasks and/or improvements in the Services; on this account and on account of other unforeseen contingencies related to the Internet, you accept risks and failures or unavailability of third-parties´ servers and you hereby expressly waive claiming any liability in contract or in tort, or damages to AIVO for eventual failures, slow connectivity, or errors in the access and use of the Services for reasons not attributable to AIVO.

The Services have a high availability and auto scaling service infrastructure, which shall be available twenty-four hours, seven days a week. Notwithstanding the foregoing,  (i) AIVO reserves the right to make scheduled interruptions of the Services, to be informed by AIVO by electronic mail or on the URL:http://sla.aivo.co or by any other means, at least twenty-four (24) hours in advance, in order to perform maintenance tasks, repairs and other tasks related to the provision of the Services.  Likewise, (ii) AIVO may make 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, AIVO informs that in case that the service 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 of 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 of the Services occurred.

The service level shall be published at http://sla.aivo.co

You shall give prompt notice to AIVO regarding any failures in the Services and AIVO shall inform you about the nature of the failure in the relevant Service and the expected time of repair. As regards the restitution of the Service, if required, you shall provide all the necessary and reasonable support. AIVO shall promptly inform you in case that the failure is not related to the Service.  Once the failure is repaired, AIVO shall immediately inform you.  

This limitation of liability applies both if the alleged liability is based on an agreement, damage, negligence, strict liability, or otherwise, even if AIVO 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 DIRECT OR INDIRECT DAMAGES; THEREFORE, IN SUCH CASES, THE FOREGOING LIMITATIONS OR EXCLUSIONS SHALL NOT APPLY TO THE USER.  THIS AGREEMENT GRANTS SPECIFIC LEGAL RIGTHS AND YOU MAY ALSO BE ENTITLED TO OTHER RIGHTS WHCIH MAY VARY FROM STATE TO STATE. WAIVERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL NOT APPLY IF STABLISHED 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 AIVO without restrictions. If you attempt to transfer or assign, such transfer or assignment shall be null and void by operation of law.

In the unlikely event that a dispute arising between AIVO and you could not be resolved privately by AIVO, both you and AIVO hereby agree that any claim, dispute or controversy (excluding provisional remedies or equitable compensation requested by AIVO) 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 (“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 AIVO from requesting provisional remedies and/or seeking equitable compensation before the competent authorities, as necessary to protect any interests held by AIVO.  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 AIVO WAIVE THE RIGHT TO TRIAL BY JURY OR TO BE PARTY TO A CLASS ACTION.

These Terms and all amendments and additional agreements that may be entered into with AIVO in respect of the Services shall constitute the entire agreement between you and AIVO. If any provision of these Terms is held to be 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 shall remain in full force and effect.    

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

Notices may be given by AIVO if required by law or for other purposes related to the business, on its own choice through electronic mail, physical letter sent via regular mail or publication of notice on the website. Notwithstanding the foregoing, you may choose to unsubscribe from certain types of notices by visiting the configuration site.

For any question or enquiry as to these Terms and Conditions, contact AIVO at legal@aivo.co. These Conditions were last updated in August, 2017.