General Terms and Conditions Chatflot
1. Definitions
In these general terms and conditions the following terms shall have the following meanings:
a. Chatflot: the entity operating as Chatflot.
b. User: the natural person or legal entity that uses the Chatflot Service;
c. Employ: the AI Chatbot service provided by Chatflot through a website widget and which communicates using GPT technology with the visitors of the website on which the User implements the chatbot;
d. Chatbot: the computer program developed by Chatflot that automates interaction with website visitors on behalf of the User;
e. GPT: Generative Pre-trained Transformer, a type of artificial intelligence designed to perform advanced linguistic tasks;
f. Website: the website on which the Chatflot Service is offered.
2. Applicability
2.1: These general terms and conditions apply to the use of the Service by the User. By using the Service, the User expressly agrees to the applicability of these terms and conditions.
2.2: Deviations from these general terms and conditions are only valid if they have been expressly agreed in writing between Chatflot and the User.
2.3: If any provision in these general terms and conditions proves to be void or unenforceable, the remaining provisions shall remain in full force. In that case, Chatflot shall establish a replacement provision that retains the purport of the original provision as much as possible.
3. Right of use
3.1: Chatflot grants the User a non-exclusive, non-transferable right to use the Service in accordance with these terms and conditions and the purpose of the Service.
3.2: The right of use is limited to personal or business use as described in the agreement and in accordance with applicable laws and regulations.
3.3: The User may not use the Service in a manner that violates the intellectual property rights of Chatflot or third parties, the law, public order, morality or the rights of other Users.
3.4: User may not grant sublicenses, modify, reverse engineer, decompile, disassemble or create derivative works of the Service, unless expressly permitted by law.
3.5: Chatflot reserves the right to suspend or terminate the User's right of use in the event of a breach of these terms and conditions.
4. User Obligations
4.1: The User agrees to use the Service in accordance with these Terms and Conditions and all applicable laws and regulations.
4.2: The User is responsible for the accuracy and legality of the information he provides via the Chatbot.
4.3: The User shall refrain from distributing any content via the Chatbot that:
a. infringes the intellectual property rights of Chatflot or third parties;
b. is false, defamatory, abusive, obscene, threatening or hateful;
c. is contrary to the law, public order or morality;
d. contains harmful software, such as viruses or malware;
e. may disrupt the operation of the Service or hinder other Users.
4.4: The User indemnifies Chatflot against all claims from third parties arising from the use of the Service in violation of these general terms and conditions.
4.5: Chatflot reserves the right to remove any content that violates these terms without prior notice to the User.
5. Intellectual property rights
5.1: All intellectual property rights relating to the Service, including but not limited to the software, Chatbot, website, logos and graphics, are owned by Chatflot or its licensors.
5.2: Nothing in these terms and conditions implies a transfer of intellectual property rights to the User.
5.3: The User may not reproduce, distribute, modify, disclose or sublicense any content of the Service without prior written permission from Chatflot.
5.4: The User retains intellectual property rights to content provided through the Chatbot. However, by providing such content to Chatflot, the User grants Chatflot a worldwide, royalty-free license to use it for the provision of the Service.
5.5: If the User believes that his intellectual property rights have been violated by the Service, he must immediately report this to Chatflot.
6. Limitation of liability
6.1: Chatflot provides the Service with care and professionalism, but does not offer any guarantees regarding error-free functioning or suitability for a specific purpose.
6.2: Chatflot is not liable for any direct or indirect damage, loss of data, income or goodwill, resulting from the use of the Service.
6.3: Chatflot is not liable for damage caused by force majeure, including internet disruptions, technical problems or natural disasters.
6.4: Chatflot's total liability remains limited to the amount paid by the User to Chatflot in the last 12 months prior to the damage.
7. Duration and termination
7.1: The use of the Service is entered into for the duration of a subscription or agreement between Chatflot and the User.
7.2: Either party may terminate the agreement without notice. Upon termination, refund of amounts already paid is excluded.
7.3: Chatflot reserves the right to terminate or suspend the Service at any time.
7.4: Upon termination, the User must immediately cease using the Service and delete all access data.
8. Applicable law and dispute resolution
8.1: Dutch law applies to these general terms and conditions and the agreement.
8.2: Disputes will preferably be resolved amicably. If this is not possible, disputes will be submitted to the competent court in the Netherlands.
9. Changes to the general terms and conditions
9.1: Chatflot reserves the right to change these terms and conditions at any time.
9.2: Amended terms and conditions will enter into force as soon as they are published on the Chatflot website. It is the User's responsibility to check them regularly.
9.3: By continuing to use the Service after changes, the User accepts the changed terms.
