' Terms and Conditions | Ovy

Terms and Conditions

Last update: October 5, 2020

Terms and Conditions for www.userbot.ai

The present terms and conditions regulate and bind the following: 

Users are kindly asked to carefully read this document before registering on the Website and using the Services.

1. Definitions

The words starting with an all caps letter will have the following meaning:

“Service/s” refers the services offered by Userbot (as better individually described on the website and in this document), that employ artificial intelligence to offer Users on its website an automated response service, provided by a chatbot, to be promptly made available to Users’ clients and visitors alike.

“Website” refers to the website https://www.userbot.ai/ “Terms and Conditions” refers to the present document.

“Userbot” refers to Userbot S.r.l. [LLC], with registered office at Via Vincenzo Monti 79/2 – 20145, Milano (MI), which can be contacted at the following email address: ciao@userbot.ai.

“User” refers to the subject, whether a physical or legal person, consumer, or professional, who has registered on the Website and uses Userbot services.

2. Service Description

2.1 Users who have activated an account, in compliance with subsequent article 3, can use the Service based on the terms described below.

Users can use the Service in its “free” version or by choosing one of the available paid subscriptions (Starter, Professional).

The Service offers Users different functionalities based on the chosen plan (below referred to as “Plan” or “Plans”). The available Plans can be viewed on this link. The indicated prices are comprehensive of all applicable commissions, taxes, and costs. Any price modifications will be notified by Userbot in the manner indicated in article 7.2.

Users have access to a personal area, where they can view their selected Plan, their Service usage status, the interactions on their website, the contents of single chats, AI training, the creation of Flows, and Settings (among which Bot Options, Planning of hours of operation, Integrations).

Users who purchase a paid Plan can, in any case, take advantage of a 14-day (fourteen) free trial.

2.2 Users receive an informational and updated newsletter on subjects related to artificial intelligence, Userbot services, news on company training events, as well as promotional offers reserved to clients, and news on related matters.

2.3 Upon Plan activation, Userbot gives Users the option to purchase additional functionalities as accessories to the Service. As an example, Users can request the supplementary service that gives access to the User’s dashboard through additional credentials, by paying an extra cost not included in the selected Plan. For certain supplementary services, Users might be required to accept specific service conditions.

3. Account Creation

3.1 In order to use the Service, Users have to (i) register on the Website and create a personal account by providing all required personal information in a complete and truthful manner with periodic updates when necessary, (ii) accept the Terms and Conditions.

It is the responsibility of Users to safely store their credentials and to preserve their confidentiality. For that purpose, Users must select a password that fulfills the highest security level available on Userbot and take any necessary precautions to protect the privacy of said password, which should be changed any time it becomes necessary.

By creating an account, Users accept to be fully responsible for any activities carried out with their access credentials, including activities by third parties. Users must immediately and univocally inform Userbot through the contacts indicated in this document if they believe their personal information, such as for example their User account, access credentials, or identification information, has been violated, illegally distributed, or stolen.

3.2 Users can activate a single account on the Website. When setting up an account, Users receive unique access credentials. If Users require multiple access credentials, they can request the supplementary service as indicated in article 2.3.

4. Service Use

4.1 Users can access the Service through the Application Program Interface (API). Any API use, including through third-party products or services that access the Service, is subject to the Terms and Conditions. In addition to these Terms and Conditions, Users acknowledge and agree that Userbot is not responsible for any damages or losses resulting from using the API or any third-party products or services that access the information through the API.

4.2 The Service can be used only for the purposes for which it is offered, in compliance with the Terms and Conditions and with applicable laws. Users are fully responsible to ensure that using the Service does not violate the law, regulations or the rights of third parties.

4.3 Userbot reserves the right to adopt any suitable measure to protect its own legitimate interests, and specifically to deny Service access to the User, terminate contracts, report any reprehensible activities carried out through the Service to the authorities, whether judicial or administrative, any time Users engage or are suspected to engage in the following:

  • violations of laws, regulations and/or Terms and Conditions;
  • infringement of Userbot or third-party rights;
  • actions that might considerably jeopardize the legitimate interests of Userbot.

5. Purchase and Deactivation of Paid Plans

5.1 The procedure for the purchase of paid Plans entails that Users (i) select the type of desired Plan among those available and verify the Plan features; (ii) after checking the information present in the purchase selection page, send the subscription request; (iii) indicate a payment method that will be charged for the monthly or annual cost of the selected Plan.

5.2 Users indicate the selected payment method among those made available by Userbot.

Userbot reserves the right to add new payment methods, it being understood that Users will still be free to choose their preferred payment method. Users consent to saving payment method information (for example, credit card) for the purpose of avoiding Service interruption and processing payments for any additional Services that might be purchased in the future.

5.3 Upon the end of the fourteen-day free trial, Userbot will use the payment method indicated by the User to process the monthly or annual cost for the selected Plan. Subsequently, the subscription cost will be automatically charged on the User’s payment method at the beginning of every contractual month or year.

5.4 In the event that, when the paid Plan is activated or the monthly or annual subscription cost is billed, the charge on the payment method indicated by the User does not go through, Userbot will notify said User by email. If the User fails to make a payment within 3 days, Userbot will stop the Service provided by the paid Plan selected by the User, it being understood that said User can still use the Service provided by the Free Plan, with all related functionalities.

5.5 Given what provided for by article 6 in the matter of contract resolution, Users who want to deactivate a paid Plan, can submit a written request to support@userbot.ai at least 7 days prior to the next monthly or annual charge. After deactivating the paid Plan, Users can still utilize the Service and the related functionalities through the Free Plan. It is also understood that deactivating the paid Plan for whatever reason, does not entail deactivating the User account, for which a separate request must be submitted to Userbot.

6. Contract Duration and Resolution

6.1 The contract between Userbot and the User is considered permanent.

6.2 If the User is a Consumer, he/she can rescind the contract within 14 days from the account activation for any reasons and with no explanation required, by emailing a written request to support@userbot.ai.

Considering the free 14-day trial offered to Users in relation to paid Plans, Userbot will not issue any reimbursements to Users cancelling the contract.

6.3 In any case, Users can rescind the contract at any time, by notifying Userbot in the manner indicated in article 6.2. If a User has a paid Plan, the cancellation will apply to the subscription month or year following the current one, as long as said User sends notification at least 7 days before the monthly or annual payment is charged.

7. Contract Resolution

7.1 Userbot reserves the right to suspend or cancel the account and therefore to rescind the User contract as result of violations to the Service conditions of use. Account suspension or cancellation does not entail any right to a refund, reimbursement, or indemnity for the User.

7.2 Account suspension or cancellation for reasons attributable to the User, does not exonerate the User from paying any compensation or cost applicable to the Service provided to that point by Userbot.

7.3 In any case and in compliance with the law, Userbot reserves the right to suspend or completely terminate the Service, notifying the User with a notice of at least 90 days. In case of Service termination, Userbot will assist the User in removing his/her personal information in compliance with the law.

8. Modifications to Terms and Conditions

8.1 Userbot reserves the right to modify the present Terms and Conditions at any time at least 30 days before the date when said modification becomes effective. In that case, Userbot will send a notice to Users, who will be free to rescind the contract within 30 days from the notification. If Users do not express their intent to rescind the contract within the deadline, the modifications will be applied to their contract.

8.2 Userbot has also the right and discretion to modify prices and rates related to its Services for the following justified reasons: technological evolution of the Services, development or changes to the network and/or Service features, variations in the technical and commercial costs incurred to issue the Services and/or changes in the competitive market impacting commercial offers, as well as new technical or managerial needs and/or changes in the law. In any case, said modification will be notified to the Users who have already subscribed to the affected subscription, with an explanation of the reasons behind the changes, at least 30 days prior to the modification becoming effective. In that case, Users, whether professionals or consumers, will have the right to rescind the contract, notifying Userbot before the modification becomes effective.

9. Intellectual Property

9.1 Except where otherwise indicated or clearly identifiable, all contents available on the Website are property of Userbot or its licensors.

9.2 Without prejudice against any more specific provisions included in the Terms and Conditions, intellectual and industrial property rights such as, for example, Userbot-related copyrights trademarks, distinctive marks, logos, patents and models are exclusively owned by Userbot or its licensors.

9.3 Users are not allowed to use Userbot Contents in a manner that is unauthorized, unnecessary or not implicit in the Service use guidelines.

9.4 Any intellectual or industrial property right, as well as any existing and exclusive right on the software or integrated technology related to the Service, is owned by Userbot and/or its licensor.

9.5 Provided that Users comply with the present Terms and Conditions, Userbot grants them a revocable, non-exclusive, non-sellable nor lendable license to use the software and/or the technology integrated into the Service (including API), exclusively within the framework and for the purpose of the provided Service. The license does not include any right to access, use, or reveal the original personal code unique to the User. The techniques, algorithms, and procedures included in the software and the related documentation are the exclusive property of Userbot and its licensor.

9.6 The rights and licenses granted to Users cease immediately upon cancellation of the contract, whatever the reason for said cancellation.

10. Guarantees, Liability Limitations and Indemnity

10.1 Userbot commits to do all it can to provide the Service to Users without any interruptions. However, because of the nature of the internet, uninterrupted access and absence of errors cannot be guaranteed.

Furthermore, User access to the Service might also be occasionally suspended or limited to allow repair, maintenance, or the introduction of new activities or services. Userbot will try to limit the frequency and duration of these suspensions and limitations. The Service might also not be available for reasons outside of Userbot’s control, such as force majeure (for example, strikes, infrastructural malfunctioning, blackouts). In this case, Userbot will not be held liable for any delays or failure to comply with the obligations provided for in the present Terms and Conditions.

10.2 Userbot will not be responsible for any delays or failure to comply with the obligations provided for by the present Terms and Conditions, if they result from unforeseeable circumstances or force majeure. This provision does not compromise User rights before the law and specifically the right to receive the purchased service within a reasonable amount of time or to be reimbursed in case of lack of service due to unforeseeable circumstances or force majeure. The laws of certain countries might prohibit the aforementioned liability limitations. If said laws are applicable, the aforementioned liability limitations will not affect Users, who might be granted additional rights.

10.3 Users acknowledge that, with the exception of malice or gross negligence, Userbot will not be responsible for the losses that are not the consequence of a violation of these Terms and Conditions by Userbot itself.

11. Privacy Policy

11.1 In connection to the issuing of the Service, as Data Supervisor, Userbot will process Users’ personal information related to the Service, and specifically the personal information of the individuals using their websites. Users hereby commit to sign the Personal Information Processing Agreement (available here), in compliance with article 28 of EU Regulation 2016/679. As Data Controllers, Users will be the only subject responsible to provide privacy informational guidelines to their customers using the Userbot Service.

11.2 The action of providing the Service does not entail the processing by Userbot of User personal ownership information related to certain categories, in compliance with article 9 of EU Regulation 2016/679. If issuing the Service offered by Userbot entails processing information from said categories, Users will be responsible for granting expressed authorization to Userbot to process said information, by sending an email to: amministrazione@userbot.ai

11.3 As Data Controllers, Users can find information on the processing of personal information by Userbot in the Privacy Policy.

12. Contacts

All communications related to the use of Userbot must be sent to the following email address: ciao@userbot.ai.

13. Complaints

13.1 Users can also email any complaints to Userbot at the address indicated in this document, including a brief description and, if relevant, the details of the order, purchase, or account.

13.2 The European Commission has introduced an online platform for an alternative resolution of controversies, which favors an out-of-court settlement of disputes related to and resulting from online sales and service contracts. Therefore, every User-consumer, who has residence or domicile in a EU country, can use said platform to resolve any controversy resulting from contracts signed online. The platform is available here.

14. Applicable Law and Competent Court

14.1 These Terms and Conditions are regulated by the Italian law. However, if Users act in their role as consumers and habitually reside in an EU country whose laws grant a higher level of consumer protection, they will benefit from said higher level of protection provided for by their country of residence.

14.2 Exclusive jurisdiction to handle any controversy resulting from or related to the Terms and Conditions is given to the Court of Milano, with the exception of the right of Users-consumers to appear before the court of their place of residence and domicile.

Text for dual approval: In compliance with articles 1341 and 1342 of the Civil Code, the User reviews and expressly accepts the contents of the conditions described in articles 10.1 and 14.2.

See here the version of the Terms and Conditions prior to 05/10/2020