Terms and Interpretation
a) Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular;
b) Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders;
d) A reference to any party shall include that party’s personal representatives, successors and permitted assigns.
e) All references to a person include firms, companies, government entities, trusts and partnerships or other or unincorporated body (whether or not having separate legal personality);
f) The term ‘including’ does not exclude anything not listed;
g) A reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time;
h) A reference to a statute or statutory provision shall include all subordinate legislation made from time to time under that statute or statutory provision.
i) A reference to writing or written includes fax and e-mail.
j) Any obligation on a party not to do something includes an obligation not to allow that thing to be done.
3. The following definitions and rules of interpretation apply in this Agreement:
An arrangement with The Company by which User is given personalized access to the Service, by entering a username and password.
Has the meaning specified in section 8
ZAO U-ROBOT, a company registered in accordance with legislation of Armenia, with TIN 01297122 at Yerevan, Varoujan 5/1
A website owned and operated by ZAO U-ROBOT, a company registered in accordance with legislation of Armenia, with TIN 01297122 at Yerevan, Varoujan 5/1, available in the Internet via address: https://u-robot.net and special mobile app, available at Appstore or Google play.
Scope of Services chosen by the User and provided by the Company through the Service for Subscription fee
Payment for amount of Services in accordance with the Subscription type, available at the Service
Has the meaning defined in section 24
5. The use of the Service may require You to create an Account with the Company on the Service. You warrant and represent that all information provided when creating such Account is current, complete, and accurate. You agree to promptly notify the Company of any changes to any information that would cause the information provided upon the Account’s creation to no longer be current, complete or accurate.
6. The following restrictions and conditions apply to the use of services and creating and maintaining the Account (as such term defined below):
a) You shall not create an account in connection with the Service if you are under the age of majority to enter into this Agreement (at least 18 years of age) and meet all other eligibility criteria and residency requirements and fully able and legally competent to use the Service;
b) You shall monitor your Account to restrict use by minors, and you shall deny access to children and teenagers under the age of 18. You accept full responsibility for any unauthorized use of Service by minors in connection with your Account;
c) You shall not create an Account if you have already created one Account in the Service;
d) You shall not have an Account or use Service if you have previously been removed by the Company from the Service;
e) You shall not use Service if you are citizen or resident of: Afghanistan, Iran, Iraq, North Korea, and countries or territories under the sanctions of the United Nations or the European Union (the list is available at: https://eeas.europa.eu/sites/eeas/files/restrictive_measures-2017-08-04.pdf);
f) You shall not use your Account to advertise, solicit, or transmit any commercial advertisements, including chain letters, junk e-mail or repetitive messages (spim and spam) to any other user or third party;
g) You shall not use your Account to engage in any illegal conduct including but not limited to activities related to money-laundering, drug trafficking, human trafficking, weapon trafficking, terrorism, securities fraud, or tax evasion. The User represents and warrants that he/she will not use the Service to assist any other party in such illegal activity; and you shall not use your Account to: distribute spam, junk communications or chain letters; reverse engineer or otherwise improperly access any of the Service’s or the platforms underlying code or technical mechanisms; cause damage to the Service or the Company through any means, including (but not limited to) through the use of malware, viruses, illegitimate credentials, phishing, brute force attacks, SQL exploits, or any other method of detrimentally intercepting, interrupting, or damaging any information or functionality related to the Service.
h) You shall not sublicense, rent, lease, sell, trade, gift, bequeath or otherwise transfer your Account to anyone without the Company’s written permission;
i) You shall not access or use an Account that have been sublicensed, rented, leased, sold, traded, gifted, bequeathed, or otherwise transferred from the original Account creator without the Company’s consent.
7. Notwithstanding the foregoing, the Company may refuse to provide Service to any person for any reason or no reason whatsoever.
10. You hereby agree that the Company, its partners, their employees and representatives acting on behalf of the Company, on their own and at its sole discretion evaluate the information and evidences provided and make a decision to terminate or restrict your access to the Service, and such a decision is not subject to review or appeal.
Scope of Services
12. Through use of User`s device and this Service User may create an Account at the Service and get access to the following services in Service
a) Creation of bots for social networks;
b) Creation of website for the User;
c) API`s functions for interaction of Account with User`s CRM or User`s service;
d) Other Service available at the Service
13. Availability of certain service available in Account are depend on Subscription type chosen and paid by the User. Detailed information on Subscription type are available on the Service.
BILLING AND CANCELLATION
14. The Subscription fee and any other charges you may incur in connection with your use of the Service or Services, such as taxes and possible transaction fees, will be charged to your Payment Method on the specific billing date indicated in your Account. The length of your billing cycle will depend on the Subscription type that you choose. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid Subscription type began on a day not contained in a given month. Check the Account page to see your next payment date. 3
15. To use the the Servicse you must provide one or more Payment Methods. You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details.
16. Cancellation. You can cancel your Subscription type at any time, and you will continue to have access to the relevant Services until the end of your billing period. To the extent permitted by the applicable law, payments are non-refundable and we do not provide refunds or credits for any partial subscription periods. To cancel, go to the «Account» page and follow the instructions for cancellation. If you cancel your Subscription type or if you does not pay applicable Subscription fee for the relevant month the Company is entitled to suspend your access to certain Service`s functions contained in relevant Subscription type. Provided that all bots created by the User through the Service also suspended until the User pay applicable subscription fee.
17. We may change content of Subscription types and the Subscription fees from time to time; however, any any such changes will apply no earlier than 30 days following notice to you or in the next billing period.
Warranties and disclaimers
18. ALL CONTENT IS PROVIDED «AS IS» AND «AS AVAILABLE.» the Company HEREBY EXPRESSLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, NON-INFRINGEMENT, OR AS TO THE OPERATION OF THIS SERVICE OR THE CONTENT. The Company DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SERVICE. YOU ACKNOWLEDGE That ANY INFORMATION SENT by you MAY BE INTERCEPTED. The Company DOES NOT WARRANT THAT THE SERVICE OR THE SERVERS WHICH MAKE THIS SERVICE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY The Company ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. Except agreed by the Company in writing, contractors, agents, dealers or distributors of the Company or any other third party shall not have a right to modify this limited warranty, nor to make any additional warranties.
20. The Service may contain references to specific Services that may not be (readily) available in a particular country or region. Any such reference does not imply or warrant that any such products or Service shall be available at any time in any particular country or device.
21. IN NO EVENT SHALL The Company OR ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS, CONTRACT, REVENUE, DATA, INFORMATION OR BUSINESS INTERRUPTION), UNDER ANY THEORY OF LIABILITY, RESULTING FROM, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE THIS SERVICE OR THE CONTENT, SERVICE, ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OR DATA, ANY INFORMATION THAT IS SENT OR RECEIVED, OR NOT SENT OR RECEIVED, ANY FAILURE TO STORE DATA, ANY LOSS OF DATA, LOSS OR DAMAGE TO FILES, LOSS OR DAMAGE TO THE CONTENT, ANY SERVICES AVAILABLE THROUGH THE SERVICE THAT ARE DELAYED OR INTERRUPTED, EVEN IF The Company HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ANY ACTION BROUGHT AGAINST The Company PERTAINING TO OR IN CONNECTION WITH THIS SERVICE MUST BE COMMENCED AND NOTIFIED TO The Company IN WRITING WITHIN ONE (1) YEAR AFTER THE DATE THE CAUSE FOR ACTION AROSE. THIS LIMITATION OF LIABILITY SHALL NOT APPLY TO LIABILITY FOR DEATH OR PERSONAL INJURY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION.
22. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
24. You agree that you will not, under any circumstances:
b) Make improper use of Company’s Services, including, without limitation, by submitting false personal information or using profane and abusive language in your communications with our personnel; or
c) Use the Service, intentionally or unintentionally, in connection with any violation of any applicable law or regulation, or do anything that promotes the violation of any applicable law or regulation;
d) Use exploits, automation software or any unauthorized third party software designed to modify or interfere with the Service;
e) Use the Service in order to design or assist in the design of exploits, automation software or any other unauthorized third party software designed to modify or interfere with the Services;
f) Disrupt, overburden, or assist in the disruption or overburdening of any computer or server used to offer or support the Service (each a “Server”);
g) Institute, assist or become involved in any type of attack, including without limitation distribution of a virus, denial of service attacks, mining attacks upon the Service, or other attempts to disrupt the Service; or
h) Attempt to gain unauthorized access to the Service, others Accounts or to the computers, Servers, or networks connected to the Service by any means other than the user interface provided by the Company, including, but not limited to, by circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person to circumvent or modify, any security, technology, device, or software that is part of the Service;
i) Post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable or offensive;
j) Post any information that contains nudity, excessive violence, or offensive subject matter or that contains a link to such content;
k) Make available through the Service any material or information that infringes any copyright, trademark, patent, trade secret, right of privacy, right of publicity, or other right of any person or entity or impersonates any other person, including without limitation a the Company employee;
m) Use, facilitate, create, or maintain any unauthorized connection to the Service, including without limitation (1) any connection to any unauthorized server that emulates, or attempts to emulate any part of the Service; or (2) any connection using programs, tools, or software not expressly approved by the Company;
n) Except where permitted by law or relevant open source licenses, reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Service, or to obtain any information from the Service using any method not expressly permitted by the Company; or
p) Solicit or attempt to solicit personal information from other users of the Service;
q) Collect, harvest or post anyone’s private information, including personally identifiable information (whether in text, image or video form), identification documents, or financial information through the Service; or
r) Upload or transmit or attempt to upload or transmit, without the Company’s express permission, any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, clear graphics interchange formats («gifs»), 1×1 pixels, web bugs, cookies or other similar devices (sometimes referred to as «spyware,» «passive collection mechanisms» or «pcms»).
t) Publicly disseminate information (correspondence in whole or in part) obtained as a result of communication with the technical support team.
u) Register and use to access to the Services more than one account. In case if there are reasonable grounds to believe that you have registered or are using more than one account, the Company has the right to restrict, suspend, terminate, modify or delete any and all accounts associated with you.
v) Use IP proxying or other methods to disguise the region (country) of your current location to circumvent geographical restrictions to use Service, or for any other purposes.
Term and Termination
27. WITHOUT LIMITING OUR OTHER REMEDIES, WE MAY LIMIT, SUSPEND OR TERMINATE THE SERVICE AND USER ACCOUNTS OR PORTIONS THEREOF, PROHIBIT ACCESS TO OUR service, AND its CONTENT, SERVICES AND TOOLS, DELAY OR REMOVE HOSTED CONTENT, AND TAKE TECHNICAL AND LEGAL STEPS TO PREVENT USERS FROM ACCESSING THE SERVICE IF WE BELIEVE THAT THEY ARE CREATING RISK OR POSSIBLE LEGAL LIABILITIES, INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF THIRD PARTIES, OR ACTING INCONSISTENTLY WITH THE LETTER OR SPIRIT OF OUR TERMS OR POLICIES. ADDITIONALLY, WE MAY, IN APPROPRIATE CIRCUMSTANCES AND AT OUR SOLE DISCRETION, SUSPEND OR TERMINATE ACCOUNTS OF USERS WHO MAY BE REPEAT INFRINGERS OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS.
28. The Company reserves the right to stop offering and/or supporting the Service or part of the Service at any time either permanently or temporarily, at which point your license to use the Service or a part thereof will be automatically terminated or suspended.
29. Termination of your Account can include disabling your access to the Service or any part thereof including any content you submitted or others submitted.
30. UPON TERMINATION OF THIS AGREEMENT YOU WILL NO LONGER BE AUTHORIZED TO USE THE SERVICE IN ANY WAY.
32. This Service may provide links to other websites that are not under the control of the Company. The Company shall not be responsible in any way for the content of such other websites. The Company provides such links only as a convenience to the user of this Service, and the inclusion of any link to any such websites does not imply endorsement by the Company of the content of such websites.
Third Party Materials
34. You hereby expressly agree that all rights, title, and interest in and to all intellectual property rights, including, without limitation, patents, copyright, trademark, trade secrets and all other related proprietary rights in this Service are vested in the Company and/or its licensors and the Company and/or its licensors are the sole and exclusive owners thereof. All rights in the Service not expressly granted herein are reserved. You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on the Service, its products or Service except as expressly authorized herein. Except as otherwise provided, the Content published on this Service may be reproduced or distributed in unmodified form for personal non-commercial use only. Any other use of the Content, including without limitation distribution, reproduction, modification, display or transmission without the prior written consent of the Company is strictly prohibited. All copyright and other proprietary notices shall be retained on all reproductions.
35. The Company hereby disclaims any rights to trademarks, Service marks, trade names, logos, copyright, patents, domain names or other intellectual property interests of third parties. All intellectual property interests of third parties listed above are the properties of their respective owners. Third Party Material are the properties of their respective owners. The Company disclaims any proprietary interests in the intellectual property rights other than its own.
Notice and Procedure for Making Claims of Copyright Infringement
36. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the Company the written information specified below.
a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
b) A description of the copyrighted work that you claim has been infringed upon;
c) A description of where the material that you claim is infringing is located in the Service;
d) Your address, telephone number, and e-mail address;
e) A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
37. Please note that this procedure is exclusively for notifying the Company and its affiliates that your copyrighted material has been infringed.
Unlawful or Prohibited Use
39. ANY ATTEMPT BY YOU TO DAMAGE The Company SERVERS OR UNDERMINE THE LEGITIMATE OPERATION OF The Company IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND, SHOULD SUCH AN ATTEMPT BE MADE OR ASSISTANCE FOR SUCH AN ATTACK BE PROVIDED, The Company RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH USER TO THE FULLEST EXTENT PERMITTED BY LAW.
Linking to the Service
41. Linking to the Service is permitted provided that you comply with these rules. You may link to the home page of the Service or to any other page of this Service. However you are not allowed to use in-line linking or framing. You must not imply that the Company endorses or sponsors the linker or its Service, products or Service. You must not use the Company’s intellectual property including but not limited to trademarks, trade name, copyright without permission from the Company. Furthermore, you agree to remove the link at any time upon our request.
43. If any term, provision, covenant or restriction of these Terms is held by a court of competent jurisdiction to be invalid, illegal, void or unenforceable, the remainder of the Terms, provisions, covenants and restrictions set forth herein shall remain in full force and effect and shall in no way be affected, impaired or invalidated, and the parties hereto shall use their commercially reasonable efforts to find and employ an alternative means to achieve the same or substantially the same result as that contemplated by such term, provision, covenant or restriction. It is hereby stipulated and declared to be the intention of the parties that they would have executed the remaining terms, provisions, covenants and restrictions of the Terms without including any of such that may be hereafter declared invalid, illegal, void or unenforceable.
Notices and electronic communication
44. Any notice or other communication under these Terms shall be in writing and shall be considered given and received when sent by email. The Users official email for communication shall be deemed the email specified by the User in case of subscription to the Company newsletter. The language of the communication shall be English.
Applicable Law and Jurisdiction
45. This agreement shall be governed, construed, and enforced in accordance with the law of Armenia.
46. All disputes and differences arising between the Parties are to be settled by the Parties through negotiations.
47. In case of no agreement during negotiations, the Party shall send a claim to the other Party. The party receiving the claim is obliged to respond in writing to it within 10 (ten) days from the date of receiving.
48. Any dispute, controversy or claim arising out of or in connection with this contract, or the breach, termination or invalidity thereof, shall be finally settled by the state courts of Armenia.
49. Any dispute arising out of or related to this Agreement which cannot be resolved by negotiations is personal to User and the Company and shall be resolved solely through individual arbitration and will not be brought as class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. A dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.