Welcome to the BrainShop service (the "Service") by Acobot LLC (the "Company" or "Acobot"). The following Terms of Use apply when you view or use the Service via our website located at http://acobot.net. Please review the following terms carefully. By accessing or using the Service, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Service.
PRIVACY POLICY
The Company respects the privacy of its Service users. Please refer to the Privacy Policy found here: http://acobot.net/privacy which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Service, you signify your agreement to this Privacy Policy.
ABOUT THE SERVICE
The Service allows you to build a brain or a virtual robot at acobot.net that is ready to make conversation with your users automatically by taking advantage of the power of advanced Artificial Intelligence. Your brain including but not limited to the conversation logs will be hosted by the Service.
However, we reserve the right to change, discontinue, or deprecate any of the Service (including the Service as a whole) or change or remove features or functionality of the Service from time to time with or without notice to you if we believe providing the Services could create a substantial economic, technical or security risk for us or in order to comply with the law or requests of governmental entities or if the provision of any of the Services has become impractical for any legal or regulatory reason.
REGISTRATION
A unique user account is automatically generated for you when you register at acobot.net. The account is for your personal use and you shall not transfer it to any other person.
We are not responsible for unauthorized access to your account. You will contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen. You may terminate your account at any time.
USE RESTRICTIONS.
Your permission to use the Service is conditioned upon the following Use Restrictions and Conduct Restrictions. You agree that you will not under any circumstances:
build a brain for any unlawful purpose or for the promotion of illegal activities;
attempt to, or harass, abuse or harm another person or group;
use another user's account without permission;
interfere or attempt to interfere with the proper functioning of the Service;
make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
publish or link to malicious content intended to damage or disrupt another user's browser or computer.
CONDUCT RESTRICTIONS
When you build a brain through the Service, the brain already contains a set of pre-defined contents (“Default Content”). You are allowed to use the Default Content for your own brain. However, you agree that you will not: (a) copy, reproduce, download, re-publish, sell, distribute or resell any information from the Default Content directly without consent of the Company; (b) copy, reproduce, download, compile or otherwise use any Default Content for the purposes of operating a business that competes with Acobot, or otherwise commercially exploit the Default Content. Systematic retrieval of content from the Services to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Acobot is prohibited.
You can input the brain with specific questions and their corresponding answers ("User Content") that will be displayed to your users. You are solely responsible for the User Content that you input the brain via the Service. You agree that our Company is only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By inputting any User Content while using the Service, you agree as follows:
You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
You will not input the brain with content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
You hereby affirm we have the right to determine whether any of your User Content is appropriate and comply with these Terms of Service, remove any and/or all of your training input, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company will not disclose the User Content you send to the robot to any third party in a manner that you can be identified as an individual. However the Company is not responsible for any public display or misuse of the User Content that you reply by other users. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service.
DATA SECURITY AND SERVICE LEVEL
We will implement reasonable and appropriate measures designed to help you secure User Content against accidental or unlawful loss, access or disclosure. We will store the User Content, including the dialogue logs, for a period of time as decided solely by the Company. We reserve the right to delete the logs, in part or as a whole, at any time with or without any prior notice.
We will not access or use User Content except as necessary to maintain, improve, or provide the Service, or as necessary to comply with the law or a binding order of a governmental body. We will not disclose User Content to any government or third party, except to comply with the law or a binding order of a governmental body.
Through reasonable efforts, the Company offers the Service with no less than 99% availability as measured by:
Monthly Uptime Percentage = 100 x (Total operating minutes in a month – Downtime)/Total operating minutes in a month
However, Downtime that is due to any of the following shall be excluded: (a) Your use or your end user’s use of the Service: (i) poses a security risk to the Service offering; (ii) is fraudulent or unlawful; (iii) adversely impacts the operation of the Service and/or other users of the Service; or (iv) subjects us or our affiliates to liability; (b) events that are outside of our reasonable control, including any events of force majeure; (c) events that result from any actions or inactions on your part in connection with your use of the Service; (d) events that arise out of your or any third parties’ (not under our direct control) equipment, software, and/or technology; (e) events that result from your failure to adhere to any required configurations for the use of the Service; (f) events that result from your breach of any of the terms and conditions set by the Acobot; (g) events that result from your non-payment of any charges payable to us; and (h) events that result from your illegal or unlawful use of the Service.
If you believe that the Service Guarantee in connection with your use of the Service is not met in any month, then you may file a claim. Your claim must include at least the following information: (a) A detailed description of the incident; (b) The date, time and duration of the Downtime; (c) Information relating the affected instances; and (d) Any other information that we reasonably ask you to provide to support your claim.
You must submit your claim within thirty (30) days of the event giving rise to the claim. Your failure to submit the claim within this time will be deemed to be an irrevocable waiver of your right to claim and receive such rebate. Once we receive your claim, we will review and evaluate your claim and may require your co-operation in conducting a joint investigation to ascertain whether the Service Guarantee has been breached and if so, the cause of the failure. We will make a good faith determination if a Service Credit is to be provided to you in our sole discretion and will inform you the result as soon as reasonably practicable. We will use commercially reasonable effort to process your claim and provide the Service Credit rebate to you as early as possible.
Service Credit is in the form of extended service time, which is only provided to paid customers. No monetary credit will be provided. In any cases, free users will not enjoy service credit.
PRICING AND PAYMENT
The company reserves the right to decide the pricing policy for the Service, as well as the right to change the pricing policy from time to time. Users shall pay all applicable charges and fees in due time, if any. Delay in payment may result in the termination of the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. If the content is provided by other users, such authors are solely responsible for such content. If the content is provided by the robot, such content is automatically generated by a set of algorithms and programs. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company, including but not limited to the robot. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party input into the brain with the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone's reliance on information or other content input into the brain with the Service.
Though the Company strives to enforce these Terms of Use, you may be exposed to User Content that is inaccurate or objectionable. The Company reserves the right, but has no obligation, to monitor the materials input into the brain, or to limit or deny a user's access to the Service or take other appropriate action if a user violates these Terms of Use or engages in any activity that violates the rights of any person or entity or which we deem unlawful, offensive, abusive, harmful or malicious. The Company shall have the right to remove any such material that in its sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, or that might violate the rights, harm, or threaten the safety of users or others. Unauthorized use may result in criminal and/or civil prosecution under Federal, State and local law. If you become aware of misuse of our Service, please contact us support [at] acobot [dot] com.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party website(s) ("Third Party Sites") as well as content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
LICENSE GRANT
We have offered Exclusive License to specific users for certain business fields including:
- World wide English learning application/service.
- K12 school education in China mainland.
When you use the Service, we grant you a limited, revocable, non-exclusive, non-sublicensable, non-transferable license to access and use the Service in the field that is not overlapping the above business.
By input the brain with any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub-licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, list information regarding, edit, translate, and make derivative works of all such User Content, without disclosing your personal identities such as name, video, photo, or address. You further expressly grant the Company to publish or distribute any data or work collectively derived from your User Content along with other User Content. The Company guarantees such derived data or work does not contain any personal information with which you can be identified as author.
INTELLECTUAL PROPERTY
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and company names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
ATTRIBUTION
When you use the Service under “Pro” or “Free” plans for any deployment, including but not limited to mobile app or website, you must display at significant location an attribution which makes users aware that you are powered by Acobot. Layout of your displayed attribution shall be consistent with separate technical specification defined by the Company. Failing or refusal to do so will result in termination of the Service.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service's e-mail and messaging system will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive communications from the Company in an electronic form via the email address you submit; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to support [at] acobot [dot] com. Opting out may prevent you from receiving messages regarding the Company or special offers.
WARRANTY DISCLAIMER
THE SERVICE, IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users when using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
MODIFICATION OF TERMS OF USE
We can amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in the Agreement. If you continue to use the Site, you signify your agreement to our revisions to these Terms of Use. However, we will notify you of material chances to the terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company's rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of this Agreement by the Company via telephonic or email communications shall be valid.
FORCE MAJEURE
Unless otherwise provided in the terms and conditions of the relevant Services, under no circumstances shall our Company be held liable for any delay or failure or disruption of the content or the Services resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including without limitation, Internet failures, computer, computer viruses, cyber-attacks, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
GENERAL TERMS
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
The Company may assign or delegate these Terms of Service and/or the Company's Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Policy without the Company's prior written consent, and any unauthorized assignment and delegation by you is void.
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
Effective as of June 17, 2016