In Westwood, NJ, on November 21st, 2019.
Please read these terms and conditions (hereinafter, the “Terms”) carefully before accessing and using this website, as they, together with any other documents mentioned herein, set out the terms on which you may make use of our productivity bot / SaaS Site “DailyBot”, available on the URL www.dailybot.com (hereinafter, the “Platform”).
Any person that uses the Platform shall comply with and be bound by the Terms. Your use of the Platform implies your express acceptance, without any reservations, of all the terms contained herein, and shall be equally valid to any written and signed agreement. If you disagree with the expressed terms, please do not use the Platform.
For the avoidance of doubt, the term “use” includes, but is not limited to, accessing, browsing, inputting information and registering to use the Platform. Any reference to “You” or “Your” means you as a user of the Platform, and any reference to “We”, “Us” or “Our” is to ROCKALABS LLC.
1. IDENTIFICATION DETAILS.
- Owner: ROCKALABS LLC
- Address: 68 Mountain Ave, Westwood, NJ, USA
- E-mail: firstname.lastname@example.org
2. PURPOSE AND SCOPE OF APPLICATION.
The Platform is owned and managed by ROCKALABS LLC and its purpose is to offer a chatbot and productivity tool provided as a service to online teams. This allows Our clients to access Our services offered through the Platform, subject to execution of the relevant agreement.
For this purpose, prior to completing Your registration to use the Platform, You will be prompted to expressly accept these Terms and, thereafter, You will only be able to access the applications for the services that You have contracted. Your use of the Platform as a registered user will be bound by these Terms, or any modified version published by Us.
The current Terms regulate the access, browsing and use of the Platform, notwithstanding Our right to modify its presentation, settings and content, as well as the terms required for the mere access and/or use of the Platform. They shall be in effect from the time of their publication until their full or partial modification. From then on, the modified Terms will come into force.
In this sense, on occasion, particularly when necessary for technical reasons or business continuity, We may make changes to these Terms. The access and/or use of the Platform after these changes have been applied and/or published imply Your acceptance of the same. Nevertheless, We will notify You of any relevant changes that affect Your use of the Platform and/or the particular services that You have contracted, prior to their entry into force.
In any case, certain contents and/or services are subject to their own specific conditions, and may only be available if You have expressly entered into the relevant agreement with Us for the provision of those services or the availability of those contents. The specific conditions of those contents and/or services may replace, complete or, if necessary, modify these Terms as relevant and only as to Your use of such contents and/or services.
3. ACCESS AND REGISTRATION.
The landing page that serves as a point of access to the Platform is open to the general public. However, access to the Platform and its specific services further than the landing page requires registration and payment (if applicable). At the moment of Your registration to use the Platform, You shall fully accept and commit to comply with these Terms and any instructions or recommendations made available by Us from time to time on the Platform.
Access to, and use of, the services that We offer within the Platform requires registration and contracting any of such services. Access credentials upon registration will be provided by Us in the form of a Master User. Once You have Your Master user credentials, You will be able to: (i) change the password that We have provided, and (ii) request as many users as You may require for Your personnel.
Once registered, access to the Platform from the log-in screen acts as a single sign-on process which carries Your access credentials over to the relevant application when You try to access the latter, thus it is not necessary to input Your password upon accessing each application or tool available within the Platform.
You must treat Your access credentials as confidential and not disclose them to any third party. We have the right to disable any user identification code or password, whether chosen by You or allocated by Us, at any time, if in Our reasonable opinion You have failed to comply with any of the provisions of these Terms. If You know or suspect that anyone other than You knows Your user identification code or password, You must promptly notify us at email@example.com.
We will not be liable for the accuracy or reliability of the data provided, thus each of You will be solely liable for any possible consequence, errors or failures related to the use of the provided data.
Passwords are confidential and non-transferable, and shall be valid for a term of three (3) months. It shall be generated by You following Our password security guidelines as available from time to time. In any case, We have the necessary functionalities allowing You to modify Your password when You deem necessary. You are not allowed to provide users for people outside of Your organisation.
You shall make diligent use of Your password and shall not make it available to any third party. You shall be responsible for keeping adequate custody of Your access credentials. You shall be liable for any illicit use of the Platform by any illegitimate third party who accesses the Platform using Your password. You, as Master User, will be liable for the actions taken by Your personnel in relation to the Platform.
4. INTELLECTUAL PROPERTY RIGHTS.
General provisions. Use of the Platform.
All intellectual property rights over the Platform, the information and materials contained therein, including but not limited to, the Platform itself, texts, photographs or illustrations, logos, brands, graphs, designs, interfaces and any other information, content or services available through the Platform are owned by Us or have been licensed to Us accordingly by their corresponding owner.
Your use of the Platform and/or any of its contents, regardless of their type or form, shall in no case involve any waiver, transmission, license or transfer, whether in whole or in part, of the mentioned intellectual property rights. You are granted a right to use the Platform and its contents and/or services for the purposes of information and management of the services provided by Us and in accordance with the Terms, together with any other documents referred to herein or applicable to any of such services available through the Platform.
References to brands or trade names or other distinguishing signs in the Platform carry the implicit prohibition regarding their use without Our consent or that of their lawful holder. Access, navigation and use of the Platform does not grant You any right over such brands or commercial names, including logos.
We expressly reserve all intellectual property rights over the Platform and its contents and services. Particularly, We do not allow modification, copy, reproduction, communication, transformation or distribution in any media or form, in whole or in part, of the Platform or any of its content for any public or commercial purposes, except under Our prior, explicit and written authorization.
Moreover, it is forbidden to remove or manipulate copyright indications or any other credit that may identify Platform content right holders, as well as technical protection devices, digital prints or any protective mechanism or information incorporated into the Platform.
In the event that You submit or send Us information of any kind through the Platform, You acknowledge, warrant and accept that You have the necessary rights to do so, and that such information does not infringe the intellectual property rights of any third party, and that such information is not confidential or detrimental to third parties. In this sense, You grant Us a licence to use the information provided through the Platform, as necessary in order to provide You the requested services and/or contents.
You acknowledge and accept that You will be liable for the information that You provide, including its accuracy, and shall hold Us harmless from any claim arising from the use of such information.
If You suspect or are informed about the existence of any illicit or illegal content, including content that could infringe the intellectual property rights of third parties, please notify Us through the following email address in order to ensure that We can take the appropriate measures: firstname.lastname@example.org
Similarly, if You consider that the Platform infringes Your own intellectual property rights, or any other rights, please send Us an email to the address indicated above, with the following information:
- Identification of the claimant and its representative, including contact information.
- Relevant documentation that supports Your claim, identifying the holder of the infringed rights.
- Detailed account of the rights that have been supposedly infringed by Us or any of Our users, as well as their precise location within Our Platform.
- An express statement declaring that the content has been used without consent from its right-holder.
5. DEVICES AND EQUIPMENT.
You will need the correct devices and connection to have access to the Platform and You will be responsible for any costs associated with Your Internet connection. Additionally, You will use any of the following devices and equipment to have access and use the Platform:
- Device with a minimum resolution of 1024x768 pixels. We cannot guarantee the correct visualization of the data in the Platform with smaller resolutions, although we make an effort to support mobile responsive versions.
- Supported web browser installed with the latest version available. We will try to fix any bug or issue related with the Platform visualization and experience only if it occurs in any of the supported browsers. The supported web browsers are:
- We will try our best to make the application works with most modern browsers but cannot guarantee that all of them will work.
- We may stop supporting any of the browsers at any time at our discretion. When a browser is no longer supported, we will stop fixing issues for it.
We are not responsible for Your failure to have access to or use the Platform due to an Internet overload or due to faults or problems related to devices, equipment and/or networks.
6. PRICES AND SUBSCRIPTION. PAYMENT.
Notwithstanding any payment that you may carry out in order to subscribe under one of Our plans, Your access and use of the Platform is free.
Subscription plans allow You to unlock limits and use features, Skills or functionalities within the Skills, which are not accessible to Free Users. Subscription plans will be priced accordingly with the number of users and the type of plan selected by You. We will notify You if, during the Term of this agreement between You and Us, We modify the fees that are applicable to You. The modified fees will only be applicable to You from the next payment period but will not affect the then-current period.
Please be informed that We use payment methods offered by third parties, which are governed by their own terms and conditions. We will not have access at any time during the registration and subscription process to any information regarding the payment. Therefore, We cannot be held responsible for any fraudulent or improper use of these payment details by third parties.
7. FREE USERS.
We may, at Our discretion, offer users the possibility to try the Platform for free for a fixed period of time (hereinafter, the “Free Trial Period”) on terms and conditions specified in connection with the offer. This Free Trial shall be governed by these Terms, which shall be interpreted in consideration of the characteristics of the Free Trial. In any case, provisions relating to payment and types of licence shall not be applicable during the Free Trial Period.
It is not compulsory to acquire one of Our licences once Your Free Trial has expired. However, use of the Platform is available on a free basis.
Currently the Platform offers different Skills. A Skill is a set of features packed into a single module around a theme or workflow. Each Skill has its own configuration and define the rules of how users interact with it. They can be operated in the platform through web interfaces, chat bot, mobile apps, APIs or any interface that each Skill makes available for the user.
Skills are developed by Us or by third-party developers that adhere to our Contracts, and Intellectual Property agreements and Developer Terms in order to make those Skills available to You.
If a Skill is not developed by Us, it will be marked in the website and Skills directory for you to easily identify them.
9.1. LINKS TO OTHER WEBSITES.
In the event that the Platform displays hyperlinks to other websites by means of buttons, links, banners or embedded content, We inform You that, unless otherwise specified, these are managed and under the control of the relevant third parties. We have no control or means, whether technical or human, to monitor, control or approve the information, contents, or services provided by other Platforms that may be linked to from the Platform.
Consequently, We cannot be held liable for any aspect of the linked website, including, but not limited to, its performance, access, data, information, quality, reliability and services, any links available in the website and/or any of its contents in general.
In this respect, if You have factual knowledge that third parties are engaging in illegal or immoral activities through any of these websites, You should immediately notify Us in order to remove the relevant hyperlink from the Platform.
In any case, the establishment of any kind of hyperlink in the Platform to another website does not imply any type of relationship, collaboration or dependency between Us and the owners of the third party website.
9.2. LINKS TO THE PLATFORM FROM OTHER WEBSITES.
We do not allow linking to the Platform from websites that include content or information that is in any way illicit, illegal, degrading or obscene, or that in general contravene the law, morality public order or generally accepted social standards.
We have no control nor human or technical resources to access or approve the information, contents, and services provided by other websites that may establish links to Our Platform. We shall not be liable for any aspect related to the website that contains the link, including, but not limited to, aspects relating to its operation, access, data, information, reliance and quality of its services, its own links and/or any of its contents in general. The existence of any links to the Platform does not imply any type of relationship, collaboration or dependency between Us and the owners of the third party website.
10. USE OF THE PLATFORM.
It is expressly forbidden to use or access the Platform for illegal or non-authorised purposes. In particular, the following actions are not allowed:
- Use of the Platform in any manner that may cause damages, interruptions, inefficiencies or defective functioning of the Platform or the device of a third party;
- Use of the Platform for the transmission, installation, or publication of any virus, malicious code, or any other harmful file;
- Use of the Platform for the collection of personal data;
- Use of the Platform in any unlawful manner or in a manner which promotes or encourages illegal activity;
- The unauthorized access to any section of the Platform, to any systems or networks connected to the Platform, or to any server used by Us or Our provider/s, as well as access to the services offered through the Platform, through piracy or hacking, password mining or any other illegitimate means;
- The breach or attempt to breach the security or authentication measures of the Platform or any network that is connected to the Platform, as well as the security or authentication measures associated to the content that is hosted in the Platform;
- Performing an action that may cause an unnecessary or disproportionate load on the Platform, or which may damage, disable or overburden its infrastructure, or the systems and networks used by Us or Our provider/s, as well as the systems and networks connected to the Platform;
- Carrying out any action that causes a disproportionate or unnecessary saturation in the facilities of the Platform or in the systems or networks used by Us or Our provider/s, as well as in the systems and networks connected to the Platform; or
Failure to comply with any of the aforementioned obligations may entail the application of any measures that We deem necessary or merely convenient, without the obligation to compensate You for any damages which may arise as a result.
We expressly reserve the right to suspend, block, modify, restrict, or temporarily or permanently interrupt Your access, navigation and/or use of the Platform, with or without prior notice, if We notice that You are infringing any of the provisions detailed in the Terms or any other applicable terms.
11. REPRESENTATIONS AND WARRANTIES.
We cannot warrant the reliability, usefulness and veracity of all the information, services and/or content available on the Platform, nor the usefulness or veracity of the documentation provided therein. As a consequence, We cannot warrant and shall not be liable for:
- The continuity of the contents and services available on the Platform;
- The absence of errors on the Platform and/or services;
- The absence of viruses and/or any other damaging components in the Platform or the server providing the Platform;
- The invulnerability of the Platform or the security measures adopted;
- The lack of usefulness or the malfunction of any of the contents of the Platform;
- The damages or losses caused by any person who violates the Terms, whether caused to themselves or to third parties.
Particularly, We shall not be liable for, but not limited to, the circumstances listed below, nor the damages that may entail:
- Delays, erasure, erroneous delivery or failure to save communications from You or personal configurations of the Platform;
- Decisions taken by You as a result of the Information provided through the Platform, nor any damages caused to You or third parties as a consequence of actions taken based solely on the Information contained in the Platform. In this sense, We cannot warrant the reliability, accuracy and/or veracity of the Information provided through the Platform to the extent that such Information is provided by third parties;
- We reserve the right to deny access to a particular service for any reason and/or to interrupt the service, whether in whole or in part, at any time and without prior notice;
- Use of the Platform is subject to all applicable laws and regulations, and You shall be solely liable for the content of Your communications sent via the Platform;
- Access to the Platform does not imply any obligation by Us to control the absence of virus or any other damaging component. It is Your responsibility, in any case, to equip Your systems and devices with appropriate tools to detect and disinfect such damaging components.
- We shall not be liable for damages caused to Your equipment or that of third parties during Your use of the Platform;
- We do not warrant nor shall be liable for damages of any nature that may arise from the access or use of the contents of the Platform.
Additionally, We shall not be liable for:
- Possible security errors or breaches that may be caused as a consequence of Your or any other user’s access to the Platform using an infected device;
- Use by third parties of elements owned by Us that may be deceptive as to such third parties’ identification;
- Intellectual property infringements by third parties;
- Third party breaches that may affect You and other users of the Platform, and any other websites and/or systems operated by Us;
- Failures in the functioning of the Platform or of any of its services as a result of circumstances beyond Our reasonable control;
- Consequences arising from a defective functioning of Your web browser or the use of outdated versions of the same;
- The existence of viruses or damaging or malicious programs in the contents;
- The illicit, negligent, fraudulent use of the Platform or its contents or services by its users, or any use that is contrary to the Terms, good faith and public order;
- Damages of any kind caused to You as a result of failures or disconnections of telecommunications networks or any other electronic systems that cause a suspension, cancellation or interruption of the services and/or which affect the availability of the Platform, at any time.
Notwithstanding the above, We have adopted all necessary measures, within Our possibilities and state-of-the-art, to warrant the functioning of the Platform and to reduce system failures to a minimum, both from a technical perspective and the contents published on the Platform.
We cannot warrant the reliability, lawfulness and usefulness of the contents provided by third parties through the Platform. If You become aware of the existence of any content that is illegal, unlawful or which infringes third party rights, please notify Us immediately so that appropriate measures can be taken.
We shall not be liable for the veracity, integrity or out of date characteristics of the information published on the Platform from sources other than Us. This also applies to information contained in other Platforms or websites that are linked to from the Platform. We shall not be liable for any damages that could be caused by the use of said information.
We shall not be liable for any delay or failure to comply with Our obligations under these Terms if the delay or failure arises from any cause that is beyond Our reasonable control, such as: force majeure, problems when accessing the Internet, technological problems beyond Our diligent and reasonable management, actions or omissions of third parties, amongst others. In all of the aforementioned cases, which are beyond Our control and due diligence, there will be no compensation for You for damages or losses, to the extent permitted by current legislation.
12. TERM AND TERMINATION.
These Terms, which govern Your use of the Platform and the Information provided therein, shall enter into force between You and Us upon Your acceptance of the same at the moment of registration to access and use the Platform. A subscription plan is entered for a period of one (1) month or one (1) year depending on the User’s selection. A subscription plan will be automatically extended for the same term of the expired User’s subscription plan. If You wish to terminate the subscription, You shall notify Us. In this case, these Terms terminates upon the expiry of the Subscription Plan’s term.
Particularly, We may immediately terminate these Terms upon:
- Your failure to make the corresponding payment (if applicable);
- Your infringement of Our rights and/or of any third-party rights, particularly with regards to the Information offered through the Platform;
- Your misuse of the Information;
- Your breach of any of the terms and conditions set forth in these Terms;
- Discontinuance of the Platform by Us, for any reason.
In any case, upon termination of this agreement between You and Us, You shall cease using the Information and the services provided by Us on the Platform, and destroy any digital and/or physical copies thereof. No fee paid by You in advance for the subscription plan will be refunded.
13. CONFIDENTIALITY AND DATA PROTECTION.
You represent that You shall treat as strictly confidential any and all data, documentation and information obtained as a result of this agreement, including all business, financial, operational, technical and marketing information, and any other information of a secret or proprietary nature, or which must be treated as confidential, relating to Us, the Platform, this agreement or any third party (hereinafter, the “Confidential Information”).
You undertake not to reveal or disclose the Confidential Information to any other person or entity, and acknowledge that You are not entitled to reproduce, use, sell, licence, exhibit, publish or otherwise disclose it in any way without Our prior written consent.
The personal data processed by each of the parties shall be processed in accordance with the provisions of the General Data Protection Regulations and any other applicable law in the matter. Each of the parties is responsible for the processing of the personal data collected from the other party, including its identity, contact details and, where appropriate, the representative identified in these Terms. The purpose of the processing is the management of the contractual relation, storing the data during the term of these Terms and the subsequent time that is legally necessary.
The data will be deleted where the liabilities derived from the commercial relationship between the parties expires, being duly blocked when they are not necessary to comply with the purpose for which they were collected.
The data may be disclosed to public authorities in compliance with the contractual relationship or by legal obligation.
Data subjects are informed of their right of access to their data, to rectification, erasure, restriction of processing, data portability, as well as the right to object. Likewise, the interested parties will have the right to present a claim to the Spanish Data Protection Agency, when they understand that any of their rights have been violated or their data has been processed illegitimately.
Interested parties may contact the Data Protection Officer of each of the responsible parties, if they have one, by contacting the address established in these Terms, addressed to the Data Protection Officer.
In the event that, in the development of this agreement, one of the parties provides a service to the other that implies access to personal data, the parties agree to establish the conditions governing the provision of the service and the corresponding agreement to manage the processing as set out in the General Regulation on Data Protection.
The headings contained herein are merely informative and do not affect, qualify or encourage interpretation of the Terms. We may modify the terms and conditions established herein, in whole or in part. The changes will be published on the Platform similarly to how these Terms are made available.
If You breach these Terms, We may suspend or restrict Your use of the Platform, and may even cancel Your assigned user automatically and without prior notice, and such actions shall not entitle You to any kind of compensation. We may inform and collaborate with the competent authorities if We detect any infringement of applicable law or if We suspect that You are committing any criminal offence.
Similarly, in the event that You breach these Terms and We take no action against You, We will not be considered to have waived Our rights in respect of Your breach and We shall still be entitled to use Our rights and remedies in any other situation where You breach the Terms.
Specific services available on the Platform may be acquired by You individually, and shall be governed by their own terms and conditions, as available.
If any of the Terms is disallowed or found to be ineffective by a competent Court or regulator, such ineffectiveness shall not affect the remaining provisions, which shall continue to apply.
15. GOVERNING LAW AND JURISDICTION.
This Platform, including Your use of the same, and particularly these Terms shall be subject to and interpreted and enforced in accordance with the United States law.
For all disputes, actions or claims that may arise regarding the interpretation and application of these Terms, You and We agree to submit to the jurisdiction of the Courts of the city of New York City (USA) with express and voluntary waiver to any other jurisdiction.
Updated: November 21st, 2019.
© 2019 ROCKALABS LLC All rights reserved.