Effective date: 20th of August 2017
PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO
NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS THE SERVICES IN ANY MANNER.
Welcome to Chatvisor! Chatvisor is an online platform that allows Facebook Page Owners (whatever topic: retailers, newspaper,
blogger, etc.) to empower their pages and to add automation in form of chatbots to these. Please read on to learn
the rules and restrictions that govern your use of our services. If you have any questions, comments or concerns
are a binding contract between you and Chatvisor (“Chatvisor”, “we” and “us”). Your use of the Services is also governed
by and subject to the Facebook Platform Policies (located at https://developers.facebook.com/policy) and Facebook
Commerce Product Merchant Agreement (currently located here: https://www.facebook.com/legal/commerce_product_merchant_agreement),
which are hereby incorporated by reference and are a part of these Terms. You are solely responsible and liable for
complying with the Facebook Platform Policies and Facebook Commerce Product Merchant Agreement. You must agree to
and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way
means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services. These
Will these Terms ever change?
Since we’re constantly improving our Services, these Terms may need to change along with the Services. We reserve the right
to change the Terms at any time, but if we do, we will bring it to your attention by sending you an email and/or by some
other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no
longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that
means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification
of these Terms will be effective unless in writing and signed by both you and us.
What about my privacy?
Privacy. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental
consent before they knowingly collect personally identifiable information online from children who are under 13. We do
not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under
13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn
we have collected personal information from a child under 13, we will delete that information as quickly as possible.
If you believe that a child under 13 may have provided us personal information, please contact us at firstname.lastname@example.org.
What are the basics of using Chatvisor?
In order to set up and use Chatvisor you need a Facebook Account and sign up with it on Chatvisor.com. You promise to provide
us with accurate, complete, and updated registration information about yourself. You may not transfer your account to
anyone else without our prior written permission. You represent and warrant that you are of legal age to form a binding
contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent
or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or
entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf
and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence,
refer to that organization or entity). You will only use the Services in a manner that complies with all laws that apply
to you. You will not commercialize and sell setting up Chatvisor. If your use of the Services is prohibited by applicable
laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in
a way that breaks the law. You will not share your account or password with anyone, and you must protect the security
of your account and your password. You’re responsible for any activity associated with your account.
Your use of the Services is subject to the following additional restrictions:
You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined
below) or otherwise create any instances of our system or use the Services in a manner that: Infringes or violates the
intellectual property rights or any other rights of anyone else (including Chatvisor); Violates any law or regulation,
including any applicable export control laws; Is harmful, fraudulent, deceptive, threatening, harassing, defamatory,
obscene, or otherwise objectionable; Jeopardizes the security of your Chatvisor account or anyone else’s (such as allowing
someone else to log in to the Services as you); Attempts, in any manner, to obtain the password, account, or other security
information from any other user; Violates the security of any computer network, or cracks any passwords or security encryption
codes; Runs Maillist, Listserv, any form of auto-responder or “spam” on the Services, or any processes that run or are
activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services
(including by placing an unreasonable load on the Services’ infrastructure); “Crawls,” “scrapes,” or “spiders” any page,
data, or portion of or relating to the Services or Content (through use of manual or automated means); Copies or stores
any significant portion of the Content; Decompiles, reverse engineers, or otherwise attempts to obtain the source code
or underlying ideas or information of or relating to the Services. A violation of any of the foregoing is grounds for
termination of your right to use or access the Services.
What are my rights in the Services?
The materials displayed or performed or available on or through the Services, including, but not limited to, text, graphics,
data, articles, photos, images, illustrations, User Submissions, and so forth (all of the foregoing, the “Content”) are
protected by copyright and/or other intellectual property laws. You promise to abide by all copyright notices, trademark
rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy,
reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise
exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii)
in a way that violates someone else’s (including Chatvisor’s) rights. You understand that Chatvisor owns the Services.
You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided
in this Section), create derivative works based on, or otherwise exploit any of the Services. The Services may allow
you to copy or download certain Content; please remember that just because this functionality exists, doesn’t mean that
all the restrictions above don’t apply – they do!
Do I have to grant any licenses to Chatvisor or to other users?
Anything you post, upload, share, store, or otherwise provide through the Services is your “User Submission.” Some User Submissions
are viewable by other users. In order to display, process and analyze your User Submissions on the Services, you grant
us certain rights in those User Submissions. Please note that all of the following licenses are subject to our Privacy
(Privacy) to the extent they relate to User Submissions that are also your personally-identifiable information. For
all User Submissions, you hereby grant Chatvisor a license to translate, modify (for technical purposes, for example
making sure your content can be uploaded into the right format) and reproduce and otherwise act with respect to such
User Submissions, in each case to enable us to operate and provide the Services, as described in more detail below. This
is a license only – your ownership in User Submissions is not affected. If you store a User Submission in your own personal
Chatvisor account, in a manner that is not viewable by any other user except you (a “Personal User Submission”), you
grant Chatvisor the license above, as well as a license to display, perform, and distribute your Personal User Submission
for the sole purpose of making that Personal User Submission accessible to you and providing the Services necessary to
do so. You agree that the licenses you grant are royalty-free, perpetual, sublicensable, irrevocable, and worldwide,
provided that when you delete your Company account, you understand and agree that Chatvisor may continue to use such
your User Submissions as necessary to develop and improve its Services. Finally, you understand and agree that Chatvisor,
in performing the required technical steps to provide the Services to our users (including you), may need to make changes
to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks,
devices, services, or media, and the foregoing licenses include the rights to do so. What if I see something on the Services
that infringes my copyright? You may have heard of the Digital Millennium Copyright Act (the “DMCA”), as it relates to
online service providers, like Company, being asked to remove material that allegedly violates someone’s copyright. We
respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing,
and to terminate the accounts of repeat alleged infringers; to review our complete Copyright Dispute Policy and learn
how to report potentially infringing content, contact email@example.com. To learn more about the DMCA, click here
Who is responsible for what I see and do on the Services?
Any information or content transmitted through the Services is the sole responsibility of the person from whom such content
originated, and you provide and access all such information and content at your own risk, and we aren’t liable for any
errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions
you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you
having acquired or not acquired Content through the Services. Due to building on Facebook’s Messenger we cannot guarantee
the identity of any user who might interact with you and due to be added to your Messenger system, also with our software.
We are not responsible for which users gain access to the Services. You are responsible for all Content you contribute,
in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in
which you contribute it. You will keep all your registration information accurate and current. You are responsible for
all your activity in connection with the Services. The Services may contain links or connections to third party websites
or services that are not owned or controlled by Chatvisor. When you access third party websites or use third party services,
you accept that there are risks in doing so, and that Chatvisor is not responsible for such risks. We encourage you to
or service that you visit or utilize. Chatvisor has no control over, and assumes no responsibility for, the content,
accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that
you interact with through the Services. In addition, Chatvisor will not and cannot monitor, verify, censor or edit the
content of any third party site or service. By using the Services, you release and hold us harmless from any and all
liability arising from your use of any third party website or service. If there is a dispute between participants on
this site, or between users and any third party, you agree that Chatvisor is under no obligation to become involved.
In the event that you have a dispute with an individual or entity in connection with your User Submissions or use of
the Services, you release Chatvisor, its officers, employees, agents, and successors from claims, demands, and damages
of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any
way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California
Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or
suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially
affected his or her settlement with the debtor.”
Will Chatvisor ever change the Services?
Since we’re continuously improving the Services, they may change over time. We may suspend or discontinue any part of the
Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of
the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect
you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any
time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of
these Terms), in our sole discretion, and without notice.
Do the Services cost anything?
Chatvisor currently offers both a free version and several paid subscription based service models. Additionally to the free
model, our charged subscription models are: the lightweight Shopify integration, the premium plan and the enterprise
plan. If you’re using one of the charged models, you agree to pay all applicable fees for such Services. Chatvisor reserves
itself the right, to charge for certain or all Services in the future. Since we offer a 14-day trial, we will inform
you before any Service you are using begins carrying a fee. If you then want to continue using our Services, you must
pay all applicable fees for them.
What if I want to stop using the Services?
as well as the licenses above, to understand how we treat information you provide to us after you
have stopped using our Services. Chatvisor is also free to terminate (or suspend access to) your use of the Services
or your account, for any reason in our discretion, including your breach of these Terms. Chavisor has the sole right
to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result
in destruction of any Content associated with your account, so keep that in mind before you decide to terminate your
account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve
any important User Submissions you may have stored in your account (to the extent allowed by law and these Terms), but
we may not do so if we determine it would be impractical, illegal, not in the interest of someone’s safety or security,
or otherwise harmful to the rights or property of Chatvisor. If you have deleted your account by mistake, contact us
immediately at firstname.lastname@example.org – we will try to help, but unfortunately, we can’t promise that we can recover or
restore anything. Provisions that, by their nature, should survive termination of these Terms shall survive termination.
By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us,
any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding
disputes between us. What else do I need to know? Warranty Disclaimer. Neither Chatvisor nor its licensors or suppliers
makes any representations or warranties concerning any content contained in or accessed through the Services, and we
will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained
in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding
suggestions or recommendations of services or products offered or purchased through the Services. THE SERVICES AND CONTENT
ARE PROVIDED BY CHATVISOR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS
ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Neither Chatvisor nor its licensors or suppliers makes any representations or warranties concerning any content contained
in or accessed through the Services, and we will not be responsible or liable for the accuracy, copyright compliance,
legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers)
make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased
through the Services. THE SERVICES AND CONTENT ARE PROVIDED BY CHATVISOR (AND ITS LICENSORS AND SUPPLIERS) ON AN “AS-IS”
BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT USE OF THE SERVICES WILL BE UNINTERRUPTED
OR ERROR-FREE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY
NOT APPLY TO YOU.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Chatvisor, its affiliates, officers, agents,
employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential),
losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating
to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation
of these Terms. In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim
to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate
or reduce your indemnification obligations hereunder).
You may not assign, delegate or transfer these Terms or your rights or obligations hereunder, or your Services account, in
any way (by operation of law or otherwise) without Chatvisor’s prior written consent. We may transfer, assign, or delegate
these Terms and our rights and obligations without consent.
Choice of Law; Arbitration
These Terms are governed by and will be construed under the laws of the the Republic of Austria, without regard to the conflicts
of laws provisions thereof. Any dispute arising from or relating to the subject matter of these Terms shall be finally
settled in Linz, Austria, in German/English. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND CHATVISOR
ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments
associated with your activity in connection with the Services, provided that the Company may, in its sole discretion,
do any of the foregoing on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in
any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms
is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary,
so that these Terms shall otherwise remain in full force and effect and enforceable. You and Chatvisor agree that these
Terms are the complete and exclusive statement of the mutual understanding between you and Chatvisor, and that it supersedes
and cancels all previous written and oral agreements, communications and other understandings relating to the subject
matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture
of Chatvisor, and you do not have any authority of any kind to bind Chatvisor in any respect whatsoever. You and Chatvisor
agree there are no third party beneficiaries intended under these Terms.