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General Terms of Use

Version 2.1 — Effective January 2, 2023

THESE ENTERPRISE BOT TERMS OF USE ("TERMS" OR "AGREEMENT"), INCLUDING ANY APPLICABLE ADDENDA, ANNEXES, EXHIBITS, ETC., CONSTITUTE A LEGAL AGREEMENT BETWEEN CUSTOMER AND ENTERPRISE BOT.

BY ACCEPTING THIS AGREEMENT, BY (1) CLICKING A BOX INDICATING ACCEPTANCE, (2) EXECUTING AN ORDER FORM THAT REFERENCES THIS AGREEMENT, OR (3) DOWNLOADING, INSTALLING AND/OR USING THE PLATFORM, CUSTOMER AGREES TO BE BOUND BY THE TERMS.


1. Definitions

1.1 "Administrative Console"

Means the Web-based functionality within the Services which allows Customer to access User administration, security configuration, billing information, analytics and other administrative functions for their accounts.

1.2 "Affiliate"

Means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. "Control," for purposes of this definition, means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

1.3 "API"

Means the application programming interface(s) used by or on behalf of Customer to access the Services.

1.4 "Customer Data"

Means all electronic data or information submitted by Customer and the Users to the Services.

1.5 "Platform"

Means the SDK and the Services provided by Enterprise Bot.

1.6 "Services"

Means the products and services that are ordered by Customer, including the API, the Administrative Console and associated Enterprise Bot offline or mobile components.


2. Provisions Relating to the Services

2.1 Provision of Services

Enterprise Bot will (a) make the Services available to Customer pursuant to this Agreement, (b) provide applicable Technical Support to Customer to the extent purchased, (c) use commercially reasonable efforts to make the online Services available 24 hours a day, 7 days a week, and (d) provide the Services in accordance with applicable laws and regulations.

2.2 Customer's Right to Use the Services

Subject to Customer's compliance with the terms and conditions of this Agreement, Enterprise Bot grants Customer a worldwide, non-exclusive, limited-term, non-transferable right to access and use the Services for its internal business purposes.

2.3 Restrictions

Customer shall not:

  • Make any Service available to anyone other than authorized Users
  • Sell, resell, license, or distribute any Service
  • Use a Service to store or transmit infringing, libelous, or unlawful material
  • Use a Service to store or transmit malicious code
  • Interfere with or disrupt the integrity or performance of any Service
  • Attempt to gain unauthorized access to any Service
  • Modify, copy, or create derivative works based on a Service
  • Reverse engineer, decompile, or disassemble a Service

3. Customer Responsibilities

Customer is responsible for all activities that occur under Customer's User accounts. Customer will:

  • Be responsible for Users' compliance with this Agreement
  • Be responsible for the accuracy, quality and legality of Customer Data
  • Use Services only in accordance with this Agreement and applicable laws
  • Ensure Users safeguard their accounts and use strong passwords

4. Fees and Payment

Customer will pay all fees specified in Order Forms. Except as otherwise specified herein or in an Order Form, (a) fees are based on services purchased and not actual usage, (b) payment obligations are non-cancelable and fees paid are non-refundable, and (c) quantities purchased cannot be decreased during the relevant subscription term.


5. Proprietary Rights and Licenses

Enterprise Bot retains all right, title, and interest in and to the Services, including all related intellectual property rights. Customer Data remains the property of Customer. Customer grants Enterprise Bot a limited license to use Customer Data solely to provide the Services.


6. Confidentiality

Each party agrees to protect the other party's Confidential Information using the same degree of care it uses to protect its own Confidential Information, but in no event less than reasonable care. Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement, (b) was rightfully known to the receiving party at the time of disclosure, or (c) is independently developed by the receiving party without use of the Confidential Information.


7. Warranties and Disclaimers

Enterprise Bot warrants that the Services will perform materially in accordance with the applicable Documentation. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED "AS IS" AND ENTERPRISE BOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.


8. Limitation of Liability

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.


9. Term and Termination

This Agreement commences on the Effective Date and continues until all subscriptions hereunder have expired or been terminated. Either party may terminate this Agreement if the other party materially breaches this Agreement and fails to cure within 30 days after written notice. Upon termination, Customer's right to access the Services will cease.


10. General Provisions

Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Switzerland.

Amendments: Enterprise Bot may amend these Terms from time to time by posting an amended version and sending Customer notice thereof.

Entire Agreement: This Agreement, together with all Order Forms, constitutes the entire agreement between the parties regarding the subject matter hereof.


If you have any questions about these Terms of Use, please contact us at legal@enterprisebot.com