Terms and conditions

DEFINITIONS

In these General Terms and Conditions (hereinafter referred to as the "Terms"), the following definitions shall apply:

1. "Chatbot Application" means an automated conversation using textual, visual, and non-visual communication tools, as well as the rules governing the use of these communication tools for automated electronic communication with the Client's Customers.

2. "Chat" means a user interface provided by the Provider that allows primarily textual communication between the Client and the Chatbot.

3. "Messaging Application" means a third-party online application providing text communication between the Client's Customers and the Chatbot.

4. "Service" means the online application provided by the Provider for the main purpose of providing Automated Conversations in the Chat and Messaging Applications.

5. "Plan" means the guaranteed set of features and functionalities of the Chatbot Application and Chat for a pre-determined monthly fee to the Provider.

6. "Client" refers to the person who selects and confirms the Plan, committing to pay the Provider the agreed-upon fee in exchange for the provision of the Service.

7. "Provider" refers to the company wingbot.ai s.r.o., with its registered office at Kavkazská 1377/7, Prague 10, Czech Republic, Identification Number: 07289464.

8. "Cloud Services" means the services provided by third parties which the Provider utilizes to ensure the operation of the Service, including AMAZON WEB SERVICES EMEA SARL, MongoDB, Inc., OpenAI, L.L.C., Shopify Inc, and Shoptet, a.s.

9. "Client's Customers" refers to individuals who use the Messaging Application or Chat and engage in communication with the Chatbot via Chat or Messaging Application.

10. "Client's Data" means all data or information that the Client provides in connection with the Service.

11. "Client's Customers' Data" means all data or information that the Client's Customers provide in connection with the Service.

In interpreting these Terms, the plural form of nouns and pronouns shall also include the singular form, and vice versa, unless the context indicates otherwise.

PROVIDER'S OBLIGATIONS

1. The Provider undertakes to provide the Client with access to the Service and enable the use of the Chatbot Application through Chat or Messaging Applications in accordance with the Plan and these Terms.

2. The Provider will operate the Service diligently and make reasonable efforts to minimize any potential outages, disruptions, or malfunctions that could affect the availability of the Service. However, the Provider reserves the right to schedule Maintenance Downtime in accordance with these Terms.

3. The Provider is entitled to modify or change the functionality, operation, or features of the Chat, Chatbot Application, or Service as long as it does not affect the features specified in the Plan.

4. The Provider may monitor and process the Client's Data and the Client's Customers' Data for the purpose of providing the Service and improving its quality.

5. The Provider will provide technical and support assistance to the Client as specified in the Plan.

6. The Provider will take reasonable steps to secure the Client's Data and the Client's Customers' Data stored on servers utilizing Cloud Services and ensure the implementation of necessary security measures.

7. The Provider will comply with all applicable laws regarding the protection of personal data and will manage and process personal data in accordance with the applicable legal regulations and the Privacy Policy specified in these Terms.

8. The Provider is entitled to utilize any information and feedback provided by the Client or the Client's Customers for the purpose of improving the quality of the Service.

9. The Provider is entitled to charge the Client fees for the provision of the Service in accordance with the Plan and agreed-upon conditions.

10. The Provider reserves the right to terminate the provision of the Service to the Client if the Client breaches these Terms, fails to pay for the Service, or demonstrates irresponsible or unethical behavior.

CLIENT'S OBLIGATIONS

1. The Client undertakes to pay the Provider the agreed-upon fee for the provision of the Service in accordance with the Plan and agreed-upon conditions. Payment shall be made promptly and in full.

2. The Client is obliged to provide accurate and up-to-date information necessary for registration and use of the Service, including all required personal data.

3. The Client is responsible for protecting their login credentials (password) and ensuring the confidentiality thereof. The Client acknowledges that they are responsible for all activities carried out under their login credentials.

4. The Client shall not use the Service for any unlawful, offensive, immoral, harmful, or disproportionate purposes. The Client is obligated to comply with all applicable laws and regulations, including the protection of copyright and intellectual property rights of third parties.

5. The Client acknowledges that the Service includes Cloud Services and other third-party services, and agrees that the Provider shall not be liable for their performance, security, or any damages caused by their use.

6. The Client is obliged to report any problems, malfunctions, or deficiencies in the Service, which may arise, and allow the Provider to remedy them.

7. The Client acknowledges that all their Data and the Client's Customers' Data stored on servers utilizing Cloud Services are managed and processed by the Provider in accordance with the Privacy Policy specified in these Terms.

8. The Client agrees that the Provider may use their information and feedback for the purpose of improving the quality of the Service.

9. The Client acknowledges that the Provider reserves the right to modify or change the functionalities, operation, or features of the Chat, Chatbot Application, or Service as long as it does not affect the features specified in the Plan.

10. The Client is obligated to comply with all other provisions of these Terms and perform any obligations imposed by law promptly.

LIABILITY FOR DAMAGES

1. The Provider shall not be liable to the Client or the Client's Customers for any damages, including property damage, financial loss, loss of business, income, or self-employment, data loss, reputation damage, or any other indirect, incidental, special, or consequential damages arising from the Client's use of the Service or the Chatbot Application through Chat.

2. The Provider shall not be liable to the Client or the Client's Customers for damages arising from the use or incompatibility with Cloud Services, Messaging Applications, or services, tools, and library packages of third parties.

3. The Provider shall not be liable to the Client or the Client's Customers for damages caused by unauthorized access to the Client's Data unless it results from the Provider's failure to implement adequate security measures.

4. The Provider shall not be liable to the Client or the Client's Customers for damages caused by errors, outages, or malfunctions of the Service, which are not caused by the Provider's negligence or intentional acts.

5. The Provider shall not be liable to the Client or the Client's Customers for damages caused by the Chatbot Application through Chat or Messaging Applications.

6. The Client expressly waives the right to claim damages from the Provider for any non-intentional or non-grossly negligent violation of obligations set out in this Agreement concerning the provision of the Service.

7. In the event of a dispute or a claim for compensation arising from this Agreement, the Client and the Provider shall first attempt to settle the dispute amicably. If an amicable settlement is not reached, the relevant disputes shall be resolved by the court having jurisdiction over the place where the Provider is located.

8. The Provider does not guarantee uninterrupted availability, error-free operation, freedom from viruses, errors, or other harmful elements of the Service. It is the responsibility of the Client to perform regular backups and protect their own data in accordance with industry standards and practices.

DURATION AND TERMINATION OF THE AGREEMENT

1. This Agreement between the Client and the Provider will come into effect when the Client confirms the selection and confirmation of the Plan.

2. The Agreement is concluded for an indefinite period unless otherwise expressly agreed or provided in writing by the Client and the Provider.

3. The Client has the right to terminate this Agreement at any time without stating the reason by providing written notice to the Provider. Termination of the Agreement will become effective after the expiration of the billing period for which the respective payment has been made.

4. The Provider has the right to terminate this Agreement at any time by providing the Client at least 5 business days' advance notice.

5. In the event of termination of the Agreement, regardless of the reason for termination, the Client shall continue to observe the obligations stipulated in this Agreement until the date of termination.

6. In case of termination of the Agreement, neither party shall make any claims or demands for liability or damages arising from the termination.

7. Termination of the Agreement shall not affect any rights or obligations that, by their nature, are intended to survive the termination.

8. This Agreement may be automatically terminated if the Client breaches these Terms and fails to pay the agreed-upon fee for the provision of the Service.

PROTECTION OF PERSONAL DATA

1. The Client acknowledges that their personal data and the personal data of the Client's Customers may be processed in connection with the provision of the Service and use of the Chatbot Application, in accordance with applicable laws regarding the protection of personal data.

2. The Provider undertakes to maintain the confidentiality of the Client's personal data and the personal data of the Client's Customers and use them only for the purposes of providing the Service and fulfilling its legal obligations.

3. Personal data will be processed in accordance with the Provider's Privacy Policy, which is available on the Provider's website.

4. The Provider may transfer the Client's personal data and the personal data of the Client's Customers to third parties only if necessary for the provision of the Service, such as cloud service providers or other service providers involved in the operation of the Service. Third parties shall be considered as processors of the Client's and Client's Customers' personal data.

5. The Client may request information about the processing of their personal data, and if any discrepancies or inaccuracies are discovered, they have the right to request correction or erasure of their personal data in accordance with applicable legal regulations.

6. The Client agrees that the Provider may use tracking and analytics technologies for obtaining anonymous statistical information about user behavior for the purpose of improving the Service.

7. The Client acknowledges that internet communication and electronic transmission of data are not entirely secure. However, the Provider undertakes to make every effort to ensure the security and protection of the Client's personal data. The Provider cannot guarantee the absolute security of data transmission.

8. All information and personal data provided to the Provider shall be processed and stored in accordance with applicable laws and regulations on the protection of personal data.

9. The Client must read and agree to the Provider's Privacy Policy regarding the processing of personal data within the provision of the Service.

FINAL PROVISIONS

1. These Terms constitute the entire agreement between the Client and the Provider and supersede any prior written or oral agreements or understandings between the Client and the Provider regarding the Service.

2. No modification or amendment to these Terms shall be valid unless expressly stated and approved in writing by both parties.

3. The Client may not assign, delegate, or otherwise transfer their rights or obligations arising from this Agreement without the prior written consent of the Provider.

4. The Provider reserves the right to unilaterally amend or change these Terms, with an obligation to notify the Client in accordance with the law. The Client will be notified in writing of any changes and will have the right to terminate the Agreement without penalties within 30 days from the date of receipt of the notice. If the Client does not terminate the Agreement within the specified period, the changes will be considered accepted.

5. If any provision of these Terms is found to be invalid or unenforceable, it shall not affect the validity and enforceability of the remaining provisions of these Terms.

6. In the event of a dispute between the Client and the Provider arising from this Agreement, the parties shall first attempt to resolve the dispute through friendly negotiations. If a settlement cannot be reached, the dispute shall be resolved by the court having jurisdiction over the place where the Provider is located.

7. This Agreement and the relationship between the Client and the Provider shall be governed and construed in accordance with the laws of the United States.

These General Terms and Conditions have been concluded and take effect upon publication on the Provider's website wingbot.ai.