Welcome to AIVO
This Terms and Conditions is effective as of March the 15th, 2019.
These terms and conditions (“Terms and Conditions”) govern the use and access to AgentBot and/or Voice and/or Live and/or Help (the “Platforms”) and/or all and any customer service solutions offered and operated by AIVO (the “Services” or “Service”) to provide the Client’s customers (“Users”) a more efficient service. Both the access and the use of the Services are contingent upon the acceptance and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and to any individuals who access or use the Services.
1. Terms of Services
This Terms and Conditions constitute an agreement (Agreement) between Aivo´s clients (“Clients”) and AIVO, (each, a “Party,” and collectively, the “Parties”), a Company duly incorporated in the State of Delaware, governing the access to the Services and the www.aivo.co site (the “Site”), software, data feeds, information, tools, features, and functionality available on the Site.
When using the Services, the Client shall be subject to any posted guidelines or rules within that Service, in addition to those in this Terms and Conditions.
AIVO reserves the right, at our discretion, to change this Terms and Conditions from time to time to reflect changes on our business, the Sites or Services, or applicable laws. In that case, we will provide notice on the site and will add a new date at the top of the document. Moreover, we will provide its Clients with thirty (30) days prior notice for any change on the “Terms and Conditions Update” page of our website. We also may notify Clients of the change using a contact information, email or other means. We are not responsible if Clients choose not to deliver this information to the Users. The revised Terms and Conditions will be effective as of the published effective date. In case Client continues to use the Services and/or Site after any changes, Client agrees to be bound by such modifications or revisions. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. Clients agree that AIVO shall not be liable to them or to any third-party for any modification, suspension, or discontinuance of its Platforms and/or the Services.
2. Use of the Services
2.1. AIVO offers several Services:
Agentbot: used to automatically hold a conversation and provide customer service between AIVO and/or AIVO´s Clients and the Users (hereinafter, the “Session”). 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 Session is considered started from the moment a user writes on the window chat or when by opening the window chat the bot executes an action, such as bring information through an integration or opens an Ad (proactivity tool); or, for customers with the GDPR Package activated, when the Privacy Policies are accepted. A Session 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.
Help: AIVO also offers the Help Web Platform (“Help”), which is a knowledge database that uses a search engine with autocomplete suggestions, facilitating the access to information from any channel. A Session is considered started from the moment the user makes a search on the Help or clicks on an article link. The Session may have unlimited interactions and will be deemed ended after inactivity of User for a term of five (5) minutes.
Live: AIVO may offer its Clients the Live Web Platform (“Live”), where AIVO´s Clients may interact with users through their own human agents in multiple digital channels at a single site. The number of sessions held will be calculated when a conversation between an agent and a user is closed. The Session may have unlimited interactions and will be deemed ended in the following cases: (i) Inactivity of User established by Client configuration; (ii) Active option to end the conversation in the chat window (both, from the user or the agent).
Voice: Furthermore, AIVO offers its Clients an Automatic customer service solution on telephone channels with Artificial Intelligence (“Voice”) used for the Conversation between Clients and Users, through voice acknowledgment. The Session is considered started from the moment a client speaks or when by the mere act of getting in contact with the bot, it executes an action, such as bring information through an integration. The Session may have unlimited interactions and will be deemed ended in the following cases: (i) Rerouting the Conversation; (ii) Active option to end the conversation.
2.2. The Client and/or User may only use the Services, if Client and/or User have capacity to bind by executing an agreement with AIVO, in compliance with these Terms and Conditions and all local, state and national laws, and international laws, rules and regulations. Moreover, Client and/or User 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, Client and/or User hereby accept that AIVO may, without prior notice, interrupt either provisionally or permanently, the provision the Services, to Client and/or User and to any user whatsoever.
2.3. It is hereby acknowledged and agreed that AIVO has the right under its sole discretion to refuse to provide Services, temporarily or permanently, via the Platform and/or any other Service, to any Client and/or User at any time, including if it has suspected, at its sole discretion that a certain Client and/or User breaches these Terms and Conditions.
Among other benefits the Services allow Clients to create, publish or upload information, links, photos, videos, or other materials (“Knowledge”), and share them with third parties. AIVO shall have NO liability whatsoever if any Users or third parties copy, retransmit or disclose the Knowledge. Clients hereby recognize and accept that the publication of the Knowledge using the Services does not substitute registration with the relevant copyright authority or any other copyright entities. Clients should carefully analyze the Knowledge they choose to share.
Clients 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 Clients 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 disclosure of confidential information by law or third parties ‘commercial information); (vii) contains any information or knowledge which Clients have no authority to disclose; or (viii) contains any information or Knowledge which Clients know is incorrect or out of date. Clients hereby accept that any 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 that, at its entire discretion, is deemed to infringe these provisions.
Clients shall retain ownership of the Knowledge; however, Clients 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.
Clients accept that AIVO may use the Knowledge as well as the questions and answers, interactions, and any contents owned by Clients, in order to improve its processes and algorithms and artificial intelligence.
Furthermore, Clients authorize AIVO to adapt the 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 shared by using the Services. 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 Terms and 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.
4. Use of the Knowledge
All Knowledge included in the Services, whether public or transmitted by 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 in 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 Clients use or rely on any Knowledge or materials created, loaded to or published with the use of the Services, it shall be under their 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 the Platforms.
Clients hereby accept that are solely responsible for the use of the Services, and for any Knowledge provided through them, and for the consequences thereof, including the use of their Knowledge by other Users and third parties. AIVO shall not be liable for its utilization of Client´s Knowledge in accordance with these Terms and Conditions. Client hereby represent and warrant to have all the rights, powers and authority required to grant the rights conferred under this document on any Knowledge delivered by the Client.
5. Setting up the Service
5.1. Client will comply with the technical requirements and specifications of the Service together with any other requirements and specifications AIVO may specify in writing from time to time, for example in respect of providing and improving other AIVO services which the Client may be interested in receiving. These technical specifications may include the following operations: (i) including software code, tags and cookies supplied by AIVO on Client’s websites and, if applicable, email newsletters; (ii) supplying AIVO with catalogue files of the Client’s products and/or services to be included in the Service; and (iii) supplying AIVO with the Client’s logos and other Client Content to be displayed in ads, banners or similar.
6. Clients Account
6.1. When Clients create their account (“Account”), Clients must provide accurate information to AIVO. The Account gives Clients access to the Services, features and functionalities of the Platforms, which may be, from time to time, modified at AIVO´s sole discretion; provided that such modifications do not alter the essence of the Services. AIVO may hold different types of accounts for different types of Clients. If Users connect to the Platforms through a third-party service, Users give permission to AIVO to have access to and use their information through the Service, and store Users data of admission to that service. Clients and/or Users shall not use an account held by another User and/or Client without its permission. Moreover, in case Clients give access to third parties through an API, token, or similar platforms or systems, Clients shall be liable for all damages caused by said access and for the use of the information and transactions made through it.
6.3. Client is solely and fully responsible for all activities that occur under it´s business. Client shall not assign or transfer any of Client’s rights or delegate any of the Client’s duties under Client’s use of the Service, without the express prior written consent of AIVO. Client must notify AIVO immediately of any unauthorized use of its website and/or any of the services or any other breach of security. AIVO cannot and will not be liable for any loss or damage arising from (i) Client’s failure to comply with these Terms and Conditions; (ii) any unauthorized use of Client’s website or any other breach of security; (iii) any activity under Client’s website conducted by others on Client’s behalf and/or under Client’s supervision, (vi) any activity performed by others using the User and Password, token and / or similar of the Client by virtue of having been provided and / or authorized by the Client, whether or not AIVO was notified of the possibility and/or existence of such a loss of damage.
6.4. Client hereby acknowledges, understands and agrees that AIVO has no responsibility, cannot and do not confirm each Client and/or User purported identity.
6.5. If Client is no longer interested in using the Service, Client may contact AIVO’s support at [email protected] for any assistance in removing and/or canceling the Service.
7.1. For AIVO to be obliged to provide the Services to Clients, it is an essential condition that the service should be paid in due time and manner according to “Services Framework Agreement”. If Clients fail to comply with this condition, AIVO shall be entitled to cancel the Service and to require pecuniary compensation.
7.2. All information Client provides in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. Client agrees to pay all charges incurred for the use of the Service by wire transfer or credit card depending on the plan used, including current taxes or those hereafter imposed upon or required to be collected by AIVO, by any authority in connection with or arising from the Service and/or this Agreement, excluding taxes based upon AIVO’s net income.
8. Limitation of Liability
8.1. The use of the Service, is solely at Client’s own risk. In no event shall AIVO be liable for any damages, including but not limited to, indirect, special, incidental or consequential damages of any kind, whether in action of the present Agreement, negligence or other tortious actions resulting from the use of the Service or inability to use the Service, regardless of whether AIVO or an authorized representative of AIVO has been advised of the possibility of such damages.
8.2. Clients hereby release and will not hold AIVO responsible for the actions or inactions of others, including any third-party and/or Users. Client acknowledges that the use of the Service, is used merely as a tool to allow Clients offer a Product(s) and knowledge, at any time, from anywhere. AIVO is not party, in any way, to any transaction or transfer of any right to, or legal ownership of Product(s) and/or content from Client. AIVO has no liability for, or control over and does not guarantee the quality, authenticity, safety or legality of the Product(s) and/or content listed and advertised on Client’s website or other websites, or the truth or accuracy of the listings, and cannot ensure that a User will fulfill a transaction. Consequently, AIVO does not assume the responsibility of ensuring provisions of services and/or products from Clients to a User. Accordingly, to the extent legally permitted, AIVO excludes all implied warranties, terms and conditions. AIVO is not liable for any loss of money, goodwill, or reputation, or any special, indirect or consequential damages arising out of Client’s use of the Service.
8.3. Client acknowledges and accepts the risk that third parties may generate impressions, or other actions affecting the charges for cybercrime and fraudulent or improper actions. AIVO shall have no responsibility or liability to Client´s connection with any third party click fraud or other improper actions that may occur.
8.4. Client hereby acknowledges and agrees that AIVO, the Platforms, and the Services offered by AIVO act merely as a Service and AIVO is NOT, in any case, directly or indirectly involved in any potential transaction between Client and User. AIVO does not impose any rule or restriction in connection with any business operation and does not act as a consultant or legal advisor regarding any transaction to either Client or User. AIVO shall not have any liability with regards to the terms set forth in any of the transactions between Client and User.
8.5. An individual or a business entity operating as a Client and the User who may be an individual or business entities to whom the Service is destined shall be exclusively responsible for setting all the commercial and legal terms and conditions which governs the relation between them, and AIVO shall have no liability of any kind for such relationship.
8.6. It is hereby acknowledged and agreed that AIVO shall not be liable and shall not bear any additional responsibility or expense due as a result of (i) any Client’s breach of this Terms and Conditions; (ii) any agreement Client and User had reached, including commercial and legal standards set by Client governing and including without limitation any related services including but not limited, shipping, applicable law, custom clearance; or (iii) any loss or damage caused to any third-party, as a result of Client´s acts or omissions; (iv) Any inaccuracies, false and/or authenticity issues of the content and information provided and/or displayed in the Service based on Client´s content provided on its websites or other websites.
8.7. For the avoidance of doubt, nothing in this Agreement excludes or limits in advance either Parties liability for fraud, gross negligence, death or personal injury to the extent such exclusion or limitation would be unlawful.
8.7. For the avoidance of doubt, nothing in this Agreement excludes or limits in advance either Parties liability for fraud, gross negligence, death or personal injury to the extent such exclusion or limitation would be unlawful.
9. Intellectual Property
9.1. All rights, title and interest on the Services (excluding Knowledge provided by the Users) are and shall remain as the exclusive property of AIVO. The Services are protected by copyright and trademark laws and other laws of the United States and abroad. Nothing contained in these Terms and Conditions shall grant the Client and/or User the right to use the name AgentBot and/or Live and/or Help and/or Voice 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 Clients in relation to the Services, shall be for information purposes only. AIVO may use these remarks, opinions, comments or suggestions as it deems appropriate, but this shall not create any obligation to the Client.
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 the Client 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. Client undertakes not to remove or delete copyright notices, trademarks, and trade names and in general, any notice contained in the documents related thereto.
9.2. Client hereby acknowledge and accept that AIVO may include Client´s name in AIVO’s public list of clients, for which purpose, it may identify the Client by the use of its trademark, logo and/or trade name.
10. Acceptable use of the Services.
10.1. AIVO trusts that the Client and/or User shall use the Services responsibly. Therefore, the Client and/or User undertake not to misuse the Services and hereby undertake not to:
- (i) sell, perform any acts of disposition, lend, deliver, 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;
- (ii) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Platform and/or the Service in any way;
- (iii) interfere with or disrupt the operation of the Platform and/or the Service, or the servers or networks that host the Platform and/or the Service or make the Platform and/or the Service available, or disobey any laws or regulations or requirements, procedures, policies, or regulations of such servers and/or networks;
- (iv) interfere with or violate any other Clients and/or Users’ right to privacy or other rights, or harvest or collect data and information about other Client and/or User without their express consent, whether manually or with the use of any robot, spider, crawler, site search or retrieval application, or other manual or automatic device or process to retrieve, index and/or data-mine information;
- (v) defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including Clients and/or Users, or include such unlawful, hateful, obscene, indecent, or otherwise illegal content in the ads, banners and/or content posted, transferred or uploaded by Client and/or User on or through the Platform and/or the Service;
- (vi) impersonate any person or entity, including, but not limited to, any AIVO agent or representative, falsely state or otherwise misrepresent Client´s affiliation with any person or entity, or express or imply that AIVO endorses the Client, the Client’s Application, Client’s business or any statement Client make, or present false information about AIVO, the Platform and/or the Service or any other services or products User´s linked via Client´s website and/or other websites;
- (vii) create, transfer or send unwanted or unsolicited commercial E-mail (spam) to other Clients, and/or Users or any third party using the Service;
- (viii) transmit, distribute, display or otherwise make available through or in connection with the use of the Service and/or Platform any virus, worm, Trojan horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component;
- (ix) create a database by systematically downloading and storing all or any of AIVO’s Intellectual Property, or any other generated content from the Platform and/or the Service;
- (x) provide false, inaccurate or misleading information in any of the content provided, posted, transferred or uploaded by the User, or any User Generated Content and/or Third parties, on or through Client’s website or other websites, Platform and/or the Service, or similar;
- (xi) post, transfer or upload on or through the ads and/or banners any content which infringes any third-party Intellectual Property rights, including trademarks, copyright and patent rights, or other proprietary rights, or contain any unlawful material;
- (xii) violate any law, statute, ordinance or regulation, including, but not limited to, those governing import/ export control, consumer protection, unfair competition, anti-discrimination or false advertising;
- (xiii) use the Service and/or Platform for any illegal, unlawful or unauthorized purpose. Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
- (xiv) Use the Service to harm minors in any way;
- (xv) Violate, attempt to violate, or avoid any applicable ICANN regulation or policy;
10.2. Client’s failure to comply with the provisions set forth herein may result in the removal as a Client or denial of access and/or use the Service as a Client, and may expose the Client to civil and/or criminal liability.
10.3. Without limiting any other remedies available to it, AIVO may, without prior notice, limit, suspend, or terminate its Service, and take technical and legal steps to deny Client´s access to its Account, use the Service, under its sole discretion.
11.2. Client acknowledges and accepts it may include codes and tags on its email newsletters and websites. Any data received by AIVO via said tags will be used for performing the Services, and/or providing and improving any other AIVO products or services which Client may be interested in receiving from time to time. AIVO will collect and use such data in accordance with applicable laws and regulations, including but not limited to laws governing privacy and data protection.
When notices are legally required they should indicate prominently to Users (i) that by continuing to browse on Client’s website, they consent to cookie (or other tracking technologies) dropping for the purpose of the service; and (ii) allow Users to learn more and object to the Service.
12. Removal of Infringing Content
12.1. If Client and/or User believes that any content, add, banner including without limitation Client´s content, any third party logos, trademarks, brands or other intellectual property infringes upon Client’s or third party intellectual property rights, please send us a detailed notice to [email protected] and AIVO will make reasonable commercial efforts to remove such content, locate the infringer and notify the infringer of Client´s and/or User complaint.
12.2. For efficient removal Client´s notice should consist of the following: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by a single notification, a representative list of such works at that Site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled; (iv) information reasonably sufficient to permit AIVO to locate the material; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law: and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13.1. AIVO logo and all other proprietary identifiers used by AIVO in connection with the Services and/ or Platforms (the “Company Trademarks”), “AIVO”, “AgentBot”, “Live”, “Help” , “Voice” are all trademarks and/or trade names and/or service marks of AIVO, whether or not registered. All other trademarks, service marks, trade names and logos, which appear on the Site, Platform and/or Services, belong to their respective owners (the “Third Party Marks”). No right, license, or interest to the Company Trademarks is granted hereunder, and Client agrees that no such right, license, or interest shall be proclaimed by Client with respect to the Company Trademarks or third-party Marks.
14. Links & Third-Party Sites
16. Confidential Information
16.1. Client 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 Clients 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, Clients 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, Clients undertake to take all the necessary and reasonable security measures, taking the same degree of care that Clients use to protect their own confidential information (but in no event, less than reasonable care as established in the applicable law). Clients 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.
17.1. AIVO reserves the right to amend these Terms and 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 is deemed fundamental, AIVO shall give notice to Clients through an additional method (i.e., through electronic mail to the address associated to Clients account. Changes in these Terms and Conditions may be published on the Website or URL corresponding to the Terms and Conditions; therefore, Clients must check those sites on a regular basis. By continuing accessing or using the Services after such amendments become effective, Clients accept to be bound to the amended terms and conditions. If Clients do not agree with the new terms, Clients must discontinue the use of the Services immediately.
These Terms and Conditions and any rights granted by this document, may not be transferred or assigned by Clients, but they may be assigned by AIVO without restrictions. If Clients attempt to transfer or assign, such transfer or assignment shall be null and void by operation of law.
In the unlikely event that a claim or dispute arising between AIVO and Clients could not be resolved privately and friendly by the Parties, both Clients 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 Terms and 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. CLIENTS ACCEPT THAT, BY ACCEPTING THESE TERMS AND CONDITIONS, CLIENTS 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 Clients 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 Terms and Conditions, which shall remain in full force and effect.
No waiver with respect to any of the terms of these Terms and 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 Terms and 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, Clients 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 [email protected] These Terms and Conditions were last updated in
18.1. 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 Clients 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 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.
18.2. 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 Clients account or for other use of the Services or Clients account and the information therein contained.
18.3. Under no circumstances AIVO shall be held liable for: (I) anything attributable to Clients and /or (ii) the use given by Clients to the Services and/or; (iii) errors or ambiguities in the Knowledge; (iv) direct or indirect damages that may be inflicted by Clients upon third parties; (v) injuries or damages to personal property of any kind whatsoever, as a result of Clients 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; (vii) any interruption or discontinuation of transmission from the Services; (viii) any errors, viruses, Trojans or the like which may be transmitted through the use of the Services by a third party; (ix) damages and/or direct or indirect consequences caused by the use of the User and Password by third parties authorized by the Client; (x) damages and/or direct or indirect consequences caused by the use of the Client’s token in it`s interface; in the event that it is provided to third parties or is exposed and/or unprotected (xi) 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 (xii) any Knowledge of any user or any third parties´ behavior that is defamatory, offensive or illegal; and/or (xiii) 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 Clients against any claim, procedure, duties, damages, losses or expenses, in an amount exceeding the amount paid by Clients for the services.
18.4. Any Knowledge unloaded or obtained through the use of the Services is unloaded at Clients own risk and Clients shall be solely liable for any damage to Clients 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 Clients 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, Clients accept risks and failures or unavailability of third-parties´ servers and Clients 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 99,9% of time. 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 for security reasons or when, at its own discretion, has reasonable information that show there are emergency motives to do so.
18.5. 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.
18.6. The service level shall be published at sla.aivo.co
18.7. Clients shall give prompt notice to AIVO regarding any failures in the Services and AIVO shall inform Clients 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, Clients shall provide all the necessary and reasonable support. AIVO shall promptly inform Clients in case that the failure is not related to the Service. Once the failure is repaired, AIVO shall immediately inform Clients.
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 RIGHTS AND CLIENTS MAY ALSO BE ENTITLED TO OTHER RIGHTS WHICH MAY VARY FROM STATE TO STATE. WAIVERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT SHALL NOT APPLY IF ESTABLISHED IN THE APPLICABLE LAW.