The services are provided by BRANDSPARK LLC (hereinafter referred to as “BrandSpark”), a reseller and integrator for WiseBit Pte. Ltd. d/b/a BotStar.
BrandSpark and its parents, subsidiaries, partners, affiliates, officers, directors, employees, agents, licensors, and all owners of the chatbot platform and software will hereinafter be referred to collectively as the “BrandSpark Parties”.
1. ACCESS AND USE OF THE SERVICES
1.1. Access to the Services
1.1.1. These general terms and conditions of use (“General Terms and Conditions of Use”) outline the rules and regulations for the use of the website www.BrandSpark.gr and related platform (“Website”), which belongs to BrandSpark as well as the use of the services offered by or through BrandSpark (“Service” or “Services”).
1.2. Agreement to the General Terms and Conditions of Use
1.2.1. By accessing the Services, you, the User, agree to these General Terms and Conditions of (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including (but not limited to) users who are browsers, vendors, customers, merchants, and/or contributors of content. If you do not agree to these General Terms and Conditions of Use, please do not use the Services, the chatbots or access the website.
1.2.2. Any new tools and services added and/or improved are subject to the General Terms and Conditions of Use.
1.2.3. BrandSpark reserves the right to modify or amend the General Terms and Conditions of Use at any time without notification. All such modifications and amendments will be posted on this page and/or become available by hyperlink and it is the User’s responsibility to check this page periodically. If you do not agree to any of the changes, you should stop using the Services. By continuing to use the Services following the posting of any changes you agree to be bound to and follow these updated terms.
1.3. Legal age and Use of Services
1.3.1. The User declares that he or she is at least eighteen (18) years of age and has sufficient capacity to be bound by these General Terms and Conditions of Use.
1.3.2. The User commits to using the Services and the information contained therein properly and to comply with any applicable law and regulation.
2. BRANDSPARK ACCOUNT AND REGISTRATION
2.1. Registration and use of electronic signature
2.1.1. To gain access to the Service, you will need to create an account with BrandSpark. The account requires a valid email address and a password that will serve as an electronic signature for all intents and purposes.
2.1.2. The User is responsible to keep the account information current, to ensure the safekeeping of the electronic signature and refrain from using the electronic signature for illicit purposes.
2.1.3. BrandSpark reserves the right to refuse service, terminate accounts, remove or edit content, or cancel subscriptions in its sole discretion.
2.2. Creating an Account
2.2.1. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on Service.
2.2.2. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
2.2.3. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
2.2.4. You may not allow your BrandSpark Account to be used by anyone else to access the Service.
2.2.5. You agree to provide, if applicable, a valid payment method for paying any fees associated with the Service.
2.3. User responsibility in connection with persons interacting with chatbots
2.4. Termination of your BrandSpark Account
2.4.1. You may terminate your BrandSpark Account at any time by communicating with BrandSpark. The Account termination process is irreversible and you shall lose all access to the chatbots and the data collected by them.
2.4.2. We may also terminate your BrandSpark Account, or impose limits on or restrict access to parts or all of the Service at any time, without notice or liability. In the event that your BrandSpark Account is terminated, we will cease charging you any fees.
2.4.3. All provisions of Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
3. FEES AND PAYMENTS
3.1. Fees for Services
3.1.1. BrandSpark reserves the right to require payment of fees for certain or all Services at any time. You will be required to pay all applicable fees (including any outstanding fees), as described in the Specific Conditions in connection with such Services selected by you.
3.1.2. BrandSpark reserves the right to change its price list and to institute new charges at any time upon official notification (i.e. on the website and/or by email). For current users, the previous price list will continue to apply until they upgrade, downgrade, or change their current billing plan. Upon such a change, the new price list will take effect immediately and replace the old price list.
3.1.3. Any fees paid hereunder are non-refundable, except as provided in these General Terms and Conditions of Use, in the Specific Conditions or when required by law.
3.2. Failure to pay fees
3.2.1. Failure to pay fees when due may result in limiting, suspension, or even termination of the relevant Service (subject to applicable legal requirements), which, in turn, may result in loss of your data associated with that Service.
4. PROHIBITED USER CONDUCT
4.1. You may use Service only for lawful purposes and in accordance with Terms. You agree not to use Service:
4.1.1. In any way that violates any applicable national or international law or regulation.
4.1.2. For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content or otherwise.
4.1.3. To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation.
4.1.4. To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity.
4.1.5. In any way that infringes upon the rights of others including but not limited to intellectual property of ours or of others, or in any way that is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
4.1.6. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend Company or users of Service or expose them to liability.
4.1.7. Use Service in any manner that could disable, overburden, damage, or impair Service or interfere with any other party’s use of Service, including their ability to engage in real time activities through Service.
4.1.8. Use any robot, spider, or other automatic device, process, or means to access Service for any purpose, including monitoring or copying any of the material on Service.
4.1.9. Use any manual process to monitor or copy any of the material on Service or for any other unauthorized purpose without our prior written consent.
4.1.10. Use any device, software, or routine that interferes with the proper working of Service.
4.1.11. Introduce any viruses, Trojan horses, worms, logic bombs, or other material, which is malicious or technologically harmful.
4.1.12. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of Service, the server on which Service is stored, or any server, computer, or database connected to Service.
4.1.13. Attack Service via a denial-of-service attack or a distributed denial-of-service attack.
4.1.14. Otherwise attempt to interfere with the proper working of Service.
4.1.15. In any way which violates the Facebook platform policies found here for bots that are published to platforms owned by Facebook.
4.1.16. To solicit or encourage others to perform or participate in any unlawful acts.
4.1.17. To submit false or misleading information.
4.1.18. For any obscene or immoral purpose.
4.1.19. Collect or store any personal information from Users of the Service without their express permission.
4.1.20. Copy, duplicate, or reproduce in any way, sell, trade, resell or exploit for any commercial purpose any portion of the Service (including your BrandSpark Account) or your access to or use of the Service.
4.1.21. Make chatbots for other parties (e.g. your clients) using your BrandSpark account.
4.1.22. Remove or modify credits and links such as ‘Powered By BotStar’ displayed in your chatbot’s main menu or in your chatbot’s description area regardless of upgrades purchased except if the Plan purchased clearly states that such attributions can be removed or modified.
4.2. Additionally, you agree to:
4.2.1. Satisfy any applicable law, regulation, legal process or governmental request.
4.2.2. Enforce the Terms, including investigation of potential violations hereof.
4.2.3. Detect, prevent, or otherwise address fraud, security or technical issues.
4.2.4. Respond to user support requests.
4.2.5. Protect the rights, property or safety of BrandSpark and BotStar, its users and the public. BrandSpark and BotStar do not disclose personally identifying information to third parties except in accordance with our respective Privacy Policies.
6. COPYRIGHT INFRINGEMENT AND DMCA POLICY
6.1. BrandSpark’s statement
6.1.1. We respect the intellectual property rights of others. It is our policy to respond to any claim that content located on or linked to by BrandSpark or BotStar violates your copyright, you are encouraged to notify BrandSpark.
6.1.2. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to firstname.lastname@example.org, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “6.2. DMCA Notice and Procedure for Copyright Infringement Claims”.
6.1.3. BrandSpark will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. BrandSpark will terminate a User’s access to and use of the BrandSpark Website if, under appropriate circumstances, the User is determined to be a repeat infringer of the copyrights or other intellectual property rights of BrandSpark or others. In the case of such termination, BrandSpark will have no obligation to provide a refund of any amounts previously paid to BrandSpark.
6.1.4. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresentation or bad-faith claims on the infringement of any Content found on and/or through Service on your copyright.
6.2. DMCA Notice and Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing us with the following information in writing:
6.2.1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
6.2.2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
6.2.3. Identification of the URL or other specific location on Service where the material that you claim is infringing is located;
6.2.4. Your address, telephone number, and email address;
6.2.5. 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;
6.2.6. 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.
7. USERS CONTENT
7.1. The User accepts that the Services may display content provided by others that are not owned by BrandSpark. Such content is the sole responsibility of the entity that makes this content available. Correspondingly, you are responsible for your own content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. BrandSpark is not responsible for any actions you take with respect to your Content, including sharing it publicly. Please do not use content from the Services unless you have first obtained the permission of its owner, or are otherwise authorized by law to do so.
7.2. The User acknowledges that, in order to ensure compliance with legal obligations, prevent phishing or fraud or when unlawful content is reported to us, BrandSpark may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms and Conditions of Use. BrandSpark reserves the right to modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms and Conditions of Use or any Specific Condition. However, the User accepts that BrandSpark has no obligation to monitor or review any content submitted to the Services.
8. LINKS TO THIRD PARTIES
8.1. BrandSpark may, when applicable, embed chatbots on third-party web pages or platforms, and publish links in its Services to internet websites maintained by third parties. BrandSpark assumes no liability derived from the connection to or the contents of hyperlinks to third party websites or platforms, nor does their existence imply that BrandSpark supports, promotes, guarantees or recommends the linked websites or platforms.
8.2. Likewise, any third party who wishes to link its website to the BrandSpark Website must obtain the express written consent of BrandSpark. In any case, BrandSpark does not assume any liability derived from the connection to or the contents of third parties’ hyperlinked websites to the BrandSpark Website.
9.1. We provide support via Email support. We may respond to your request within one business day.
9.2. We also provide high priority support. “Priority” means that support for VIP Services customers takes priority over support for users of the free services. All support will be provided in accordance with BrandSpark standard practices, procedures and policies.
9.3. We only do Email support for paid customers and reserve the right to not provide support for free customers or do so at our own discretion.
10.1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
10.2. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
10.3. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
11. SUSPENSION OF ACCESS
11.1. We may, in our sole discretion, limit, suspend, or terminate the Service and BrandSpark Accounts, prohibit access to the Service or the Content, and take technical and legal steps to keep users from using the Service or the Content, if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, circumventing temporary or permanent suspensions or harassing our employees or other users).
12. DISCLAIMER OF WARRANTIES
12.1. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BRANDSPARK AND ITS PARENTS, SUBSIDIARIES, PARTNERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, LICENSORS, AND ALL OWNERS OF THE CHATBOT PLATFORM AND SOFTWARE (COLLECTIVELY, THE “BRANDSPARK PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE BRANDSPARK PARTIES DO NOT WARRANT THAT USE OF THE SERVICE OR THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN THE SERVICE OR THE CONTENT WILL BE CORRECTED, THAT THE SERVICE OR CONTENT OR THE SERVERS THAT MAKE THE SERVICE AND THE CONTENT AVAILABLE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY DESCRIPTIONS OF THE SERVICE OR THE CONTENT ARE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
12.2. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE RESERVE THE RIGHT TO RESTRICT OR TERMINATE YOUR ACCESS TO THE SERVICE OR ANY FEATURE OR PART THEREOF AT ANY TIME. THE BRANDSPARK PARTIES ASSUME NO RESPONSIBILITY FOR THE DELETION, MIS-DELIVERY, OR FAILURE TO STORE OR TRANSFER ANY CONTENT OR PERSONALIZATION SETTINGS.
13. LIMITATION OF LIABILITY
13.1. YOU UNDERSTAND AND AGREE THAT THE BRANDSPARK PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF A BRANDSPARK PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR USE OR ACCESS OF, OR INABILITY TO USE OR ACCESS, THE SERVICE OR THE CONTENT.
13.2. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF THE BRANDSPARK PARTIES, 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.
14.1. You agree to indemnify and hold the BrandSpark Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of any of the following:
14.1.1. Your use of the Service or the Content.
14.1.2. Your violation of these Terms of Service.
14.1.3. Your violation of any law or your violation or infringement of any rights of another party.
15. APPLICABLE LAW AND JURISDICTION
15.1. Applicable Law
16.1.1. These Terms shall be governed and construed in accordance with the laws of Serbia, which governing law applies to agreement without regard to its conflict of law provisions.
16.2.1. Any dispute that may arise from or in connection to BrandSpark and the Services users shall be settled in the Courts of Serbia. To this end, the parties expressly renounce their own jurisdiction and submit to the jurisdiction of the Courts of Serbia.
15.3. Rights and Provisions
16.3.1. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding Service.
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.
Questions about the Terms of Service should be sent to us at email@example.com.
Last Edited on 2021-04-02