Effective date: 1-April-24
Welcome to floatbot.ai a venture of Floatbot, Inc, (“us”, “we”, or “our”) a registered entity, having its registered office at: 691 S. Milpitas Blvd, Suite 217 Milpitas, CA 95035, USA. (Hereinafter referred to as “Company”).
The terms and conditions as stipulated below constitute a legally binding and enforceable agreement between the Company and the User regarding the use of Services provided by the websites named floatbot.ai and/or Applications and/or Email addresses (hereinafter referred to as “Platform”) owned by the Company.
The User is urged to read the terms and conditions carefully before accessing the Services of the Platform. The agreement to the said terms unequivocally binds the User to all the terms and conditions and all existing Agreements of the Company. If you indulge in any activity in a manner which is inconsistent with these terms and conditions, the Company may terminate your current access and place a restriction on access in the future.
I. DEFINITIONS:
The following words shall have these meanings as defined herein below:
II. APPLICABLE LAWS AND JURISDICTION:
These Terms and Conditions will be governed by and construed in accordance with the laws of United States of America. The courts in the State of Delaware, USA alone shall have exclusive jurisdiction over any dispute or issue arising out of the use of the services provided by the Platform. The User shall not assign these Terms or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without prior written consent from the Company, any such purported assignment or delegation will be null and void and of no force or effect. The user revokes his/her right for contesting their claims, if any at any other jurisdiction apart from the ones mentioned herein.
III. ELIGIBILITY:
IV. PRIVACY POLICY:
Please read the Privacy Policy relating to the collection and use of your information conjunctively with the present document. By using the Platform and providing any information, you/Users are consenting to the processing of your information by us and consenting to our Privacy Policy.
V. PURPOSE:
The Company wishes to be the most accessible, affordable and convenient Platform that allows developers, individuals, companies, and agencies to easily build, host, and manage Chatbots. Please read on to learn the rules and restrictions that govern your use of our websites, products, services and applications. Therefore, in order to avail the services of Floatbot, the user consents to this Terms and Conditions.
If any of our Services require you to create an account, you must complete the registration process by providing us with current, complete, and accurate information as prompted by the applicable registration form or you may login through a third-party processor such as your Google account. In the latter case, personal information you provided to that third party, such as your name, email address, and other information, your privacy settings on that service allow us to access, will be used to create your account. Your member account will include a username and password of your choosing.
VI. SERVICES:
As part of the Services, we provide you with access to a variety of resources, including documentation and other product information about the Services, download areas and other web services, software, including developer tools and sample code, training courses and other learning materials, and Application Program Interfaces (“APIs”). Your access and use of the Services, including any updates, enhancements, and new features we may provide, are subject to these Terms unless we have provided certain products or services to you under more specific terms, in which case, those more specific terms will apply.
You may not copy, reproduce, resell, sublicense, or redistribute any software made available to you. For your convenience, we may make available various tools and utilities for you to download and use as part of the Services.
Some of the tools and utilities provided as part of the Services or made available for download use artificial intelligence and machine learning (collectively, “AI”) to allow you, your employees and agents, or your customers and other end-users to submit text and other materials (a “Prompt”) and receive AI-generated results (“Output”) via various interfaces including APIs, chat bots, and web portals (collectively, the “Services”). Some of the Services may be integrated into your application or software environments through interfaces that allow users to submit Prompts and receive Outputs. We are constantly working to improve the AI features of our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of AI, use of the Services may result in incorrect Output that does not accurately reflect real people, places, or facts. The Services may generate responses by reading a user’s request and then predicting the next most likely words that might appear in response. In some cases, the most likely next words may not be the most factually accurate ones. For these reasons, you should not rely on the factual accuracy of Output from the Services. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. Where human review is not possible or practical, you are responsible for providing appropriate notice to your users, including end users accessing AI through your platform, that is sufficient for them to understand the limitations of any AI features being used, including, but not limited to, that users should not rely on factual assertions in Outputs without independently fact checking their accuracy and that users may be exposed to content they may find offensive, inappropriate, or objectionable. You are solely responsible for the actions you take using the Services, including for ensuring that your use of the Output does not violate any applicable law or these Terms. You agree that you use the Services at your own risk.
Documentation
Except as otherwise set forth in the terms that accompany any documentation made available to you as part of the Services, you may not annotate, translate, and make a reasonable number of copies of such documentation for your use in designing, developing, and testing your software, products, and services, and you may not distribute any amount of portions of the documentation as necessary to document your software, products, and services without explicit consent of company. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the documentation and ensure that both the copyright notice and this permission notice appear in those copies. The documentation and related graphics published on this Website may contain technical inaccuracies or typographical errors.
Some of the Services may contain bulletin boards, chat areas, user groups, forums, communities, personal webpages, file cabinets, and email or other message or communication facilities designed to enable you to communicate with others (“Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and, when applicable, related to the particular Communication Service. When using the Communication Services, you may not:
We have no obligation to monitor the Communication Services. However, we reserve the right to review materials sent or posted using the Communication Services and to remove any materials at our sole discretion. Furthermore, we reserve the right to terminate your access to any or all of the Communication Services at any time, without notice, in case of violation of the above. We reserve the right at all times to disclose any information deemed necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at our sole discretion. Always use caution when providing any personally identifiable information in the Communication Services. We do not control or endorse the content, messages, or information in the Communication Services and specifically disclaims any liability with regard to the Communication Services and any actions resulting from your use of or participation in the Communication Services. Materials uploaded or posted to the Communication Services may be subject to limitations on usage, reproduction, or dissemination. You are responsible for adhering to any such limitations if you download any such materials.
User Roles:
You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are solely responsible for all activity that occurs under your account. If you notice any unusual activities or suspect unauthorized activity on your account or any other breach of security, you must immediately notify us at connect@floatbot.ai. We will not be liable for any loss that you may incur as a result of someone else using your account or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or our suppliers due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
We reserve the right to terminate unpaid user accounts and accounts that are inactive for more than 90 days. In the event of such termination, all data associated with such a user account will be deleted. We will provide you prior notice of such termination and option to back-up your data. This data deletion policy applies to all Services.
VII. ACCESS SECURITY AND PASSWORD:
VIII. RIGHT OF THE COMPANY OVER USER INFORMATION:
IX. OBLIGATIONS OF THE USERS:
The following are the obligations of the Users which need to be fulfilled while using the Services of the Platform.
X. PROHIBITED ACTIONS OF THE USER:
The following actions of the User are strictly prohibited such as;
XI. ADVERTISEMENTS AND PROMOTIONS:
The Company may run advertisements and promotions from third parties on the Platform. User’s/Your correspondence or business dealings with, or participation in promotions of, advertisers other than the Company found on or through the Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User/you and such advertiser. The Company is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
XII. INTELLECTUAL PROPERTY RIGHTS:
XIII. INDEMNITY:
The User agrees to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of content of what the User submits, posts or transmits through the Service, through the User’s use of the Service, the User’s connection to the Service, the User’s violation of these Terms or Condition or the User’s violation of any rights of another.
XIV. CONFIDENTIALITY:
All aspects related to financial, commercial, operational and technical information of the Company which is received by the User, have to be kept confidential and secret. The User is not allowed to disclose to any third party the confidential information of the Company, in whole or in part, except in cases where it is required and upon prior written permission from the Company. The User is not allowed to use, reproduce, transform or store such confidential information without prior written permission of the Company. All confidential information voluntarily provided by the User to the Company is done at their own risk. If such information is misused and collected by a third party, the Company are not liable for such an action.
XV. MODIFICATIONS TO SERVICE:
The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. The User agrees that the Company shall not be liable to the User or to any third party for any modification, suspension or discontinuance of the Service.
XVI. AMENDMENT:
The Company reserves its right to modify or terminate the Services provided by the Platform, for any reason, without prior notice, without liability to the User or any other members or third party. The Company also reserves the right to modify the terms from time to time without notice. The User agrees to regularly review the Terms and Conditions to keep himself/herself/itself apprised of any such changes.
XVII. FORCE MAJEURE:
XVIII. ENTIRE AGREEMENT:
These Terms and Conditions constitute the entire agreement between the Users and the Company with respect to the subject matter thereof, supersede, and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject.
XIX. STORAGE OF INFORMATION:
In accordance with the GDPR requirements, Account Holders who are residents of European Union member countries provide their explicit and unqualified consent for
a. The storage of personal data of all Account Holders;
b. The processing of personal data of all Account Holders for the following purposes: Ensuring a personalised experience when consuming content on the website
c. The personal data collected shall be used only for purposes which is listed above;
d. The transfer of personal data of all Account Holders outside the geographic boundaries of the European Union;
e. The storage and processing of personal data of all Account Holders outside the geographic boundaries of the European Union;
XX. ERROR REPORTING AND FEEDBACK:
You may provide us either directly at connect@floatbot.ai or via third party sites and tools with information and feedback concerning errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service (“Feedback”). You acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual property right or other right, title or interest in or to the Feedback; (ii) Company may have development ideas similar to the Feedback; (iii) Feedback does not contain confidential information or proprietary information from you or any third party; and (iv) Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.
XXI. AMENDMENTS TO TERMS:
We may amend Terms at any time by posting the amended terms on this site. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you. By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use Service.
XXII. ACKNOWLEDGEMENT:
BY USING SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.
XXIII. LIMITATION OF LIABILITY
YOU WILL HOLD US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, DATA LEAKAGE, HACKING OF UNETHICAL INTRUSION BY 3rd PARTY, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XXIV. DISCLAIMER
THE COMPANY RESERVES THE RIGHT TO CHANGE THE TERMS AND POLICY FROM TIME TO TIME AS PER THE COMPANY POLICIES AND/OR AS PER THE DELAWARE, USA LAWS AS SEEN FIT. THE CONTINUED USE OF THE PLATFORM WILL SIGNIFY THE ACCEPTANCE BY THE USER OF ANY AMENDMENT TO THESE TERMS AND POLICY. THE USER IS THEREFORE ADVISED TO RE-READ THE POLICY ON A REGULAR BASIS. SHOULD IT BE THAT THE USER DOES NOT ACCEPT ANY OF THE MODIFICATIONS OR AMENDMENTS TO THE TERMS OR POLICY, THE USER MAY TERMINATE HIS/HER/ITS USE OF THIS PLATFORM IMMEDIATELY. THE COMPANY WILL ASSUME NO LIABILITY OR RESPONSIBILITY, USA FOR DISCLOSURE OF INFORMATION OF THE USERS DUE TO ERRORS IN TRANSMISSION, UNAUTHORIZED THIRD-PARTY ACCESS, OR OTHER CAUSES BEYOND OUR CONTROL. THE ONUS OF PROTECTING THE CLASSIFIED/ PERSONAL INFORMATION DETAILS OF EVERY USER SOLELY DEPENDS ON THEM AND THE COMPANY SHALL TAKE NO LIABILITY IN CASE OF ANY BREACH THEREUPON. THE COMPANY SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY REASON OF ANY DISCLOSURE (INADVERTENT OR OTHERWISE) OF ANY INFORMATION CONCERNING THE USER’S ACCOUNT OR FOR ANY ERROR, OMISSION OR INACCURACY WITH RESPECT TO ANY INFORMATION SO DISCLOSED AND USED WHETHER OR NOT IN PURSUANCE OF A LEGAL PROCESS OR OTHERWISE. THE USER PLAYS AN IMPORTANT ROLE IN KEEPING HIS/HER PERSONAL INFORMATION SECURE. THE USER SHOULD NOT SHARE HIS/HER USER NAME, PASSWORD, OR OTHER SECURITY INFORMATION RELATED TO THEIR ACCOUNT WITH ANYONE. THE COMPANY GENERALLY FOLLOWS ACCEPTED STANDARDS TO PROTECT THE PERSONAL INFORMATION SUBMITTED BY THE USERS, INCLUDING THE USE OF SERVICES FROM THIRD PARTY SERVICE PROVIDERS. THEREFORE, WHILE THE COMPANY WILL STRIVE TO USE COMMERCIALLY ACCEPTABLE MEANS TO PROTECT PERSONAL INFORMATION OF THE USERS, THE COMPANY CANNOT GUARANTEE ITS ABSOLUTE SECURITY AND THEREBY USAGE IN A MANNER THAT IS INCONSISTENT WITH THIS POLICY.
XVIII. CONTACT/NOTICE:
Any Complaint/ Notices to the Company may be made via email or regular mail to the below mentioned address:
Floatbot, Inc
691 S. Milpitas Blvd,Suite 217 Milpitas, CA 95035, USA
One of our team members will get in touch with you soon.