Aimylogic Terms of Service

Revised September 19, 2022

This document is the Terms of Use (hereinafter referred to as the "Agreement" or "Terms") of the Aimylogic Ultimate service (hereinafter referred to as the "Service"), which regulates the legal relationship between JUST AI LIMITED (hereinafter referred to as the "Licensor") and You (hereinafter referred to as the "Licensee") regarding the procedure and conditions for using the Service.

The Agreement is a public document, the current version of which is posted on the Internet at: https://aimylogic.com/documents/terms-of-service-en.

Using the Service or accessing it, including by registering, you confirm that you have read the Agreement, the privacy policy regarding the Service (hereinafter referred to as the "Privacy Policy") and other documents approved by the Licensor and posted in the public domain on the website at on the Internet https://aimylogic.com.

Please make sure that you carefully read all sections of the Agreement. If you do not agree with the provisions of the Agreement in whole or in part, please do not use the Service and its functionality.
1. DEFINITIONS

1.1. Licensee shall mean a legal and capable individual or legal entity that has entered into the Agreement, which is granted the right to use the Service in accordance with the conditions and within the limits provided for by the Agreement.

1.2. Licensor shall mean a legal entity incorporated and existing under the laws of Cyprus under the number HE356953 and whose registered office is at Kolokotroni, 6, 1st floor, Flat/Office 6, 1101, Nicosia, Cyprus and the copyright holder and the person providing the Service.

1.3. Service (Software) shall mean Aimylogic Ultimate, a software that is an editor for creating Bots, free from the need for programming and attracting additional technical specialists by the Licensee, consisting of various blocks and sections and allowing the Licensee to independently design Bots using an adapted visual interface.

The service provides the following main functions:
  • constructing a Bot using a visual interface;
  • bot training on example questions;
  • creation of Skills for voice assistants: "Alisa" from Yandex, Google Assistant and "Marusya", as well as other voice assistants supported by the Licensor;
  • natural language processing tools, including a set of utilities for training the system and a module for "understanding" the meaning of the request;
  • statistics and analytics;
  • creating a knowledge base for the Bot, which can use it to answer frequently asked questions (FAQ Bot); the ability to integrate with Bitrix24, WhatsApp Business, Aimybox, Jivo, MSTeams, Viber and other systems;
  • making outgoing telephone calls according to the scenarios created in the visual editor;
  • setting up outgoing campaigns (number of dialing attempts, call time, mailing start time);
  • processing incoming calls based on scenarios created in the visual editor;
  • uploading call reports in .xls format;
  • the ability to call using script templates that do not require interaction with the Aimylogic visual editor.
The Service is a set of computer programs created by the Licensor. The exclusive right to the Service belongs to the Licensor.

1.4. Account shall mean the functionality of the Service provided to the Licensee under this Terms, used to display on the screen of a computer or other computer devices the history of correspondence between Users and the Bot, configure the Bot and the offered features in accordance with the needs of the Licensee, manage tasks for finalizing the content component of the Bot and interaction scenarios, if applicable, and management of channels of interaction with Users.

1.5. Bot shall mean system created on the basis of Artificial Intelligence, which allows Users to interact with devices or computer programs by making requests in any area of knowledge and receiving responses (responses) from devices or computer programs to requests sent to them or performing certain actions by the device.

1.6. Knowledge Base shall mean set of topics, which are examples of requests and answers to them, which helps to create FAQ-bot for answering frequently asked questions, which will engage in dialogue with Users in natural language and respond within specified requests and answers (topics). When analyzing a User's request, the Bot identifies the subject using semantic proximity algorithms.

1.7. Voice Assistant shall mean type of channel the voice assistants of the User, trained including but not limited by the Licensee's Skills, execute User requests, in particular, call the Licensee's Bot. The currently available assistants are displayed in the Licensee's Account.

1.8. Group of phrases shall mean block of the Bot's script that determines its response to queries formulated using natural language words, which can be refined using semantic proximity algorithms by analyzing the words used and their meanings, adding new sample phrases to the group, including queries without a clear correspondence to the text.

1.9. Channel shall mean a system of technical means, intended for interacting with Users and transferring data (information) from the sender to the recipient.

1.10. Dialog logs shall mean recorded and saved process of communication between the User and the Bot, which includes all requests made and responses to them.

1.11. Messengers and social networks shall mean a type of Channel in which Bots are integrated with software tools designed to communicate with Users, such as VKontakte, Telegram and others currently available, which are displayed in the Licensee's Account.

1.12. Reporting Period shall mean 1 (one) month.

1.13. Transfer to Operator shall mean the functionality of the Software which allows to translate the dialogue into direct communication with a person, either at the request of the User or in case of the impossibility of resolving the User's request.

1.14. User shall mean a person who applies to the Licensee (or its device) for the resolution of a particular question the answer to which is given by the Bot, created through the software.

1.15. Skills are sets of dialogs and scripts used by the Bot and allowing the User to interact with the Bot receiving the necessary information result in response to his request.

1.16. Statistics shall mean the collection, synthesis and provision in an objective form of data related to the operation of the Bot, including data on the number of Sessions and the number of Unique Users ("Basic Statistics") separately for each Channel. Extended statistics also includes the number of unrecognized requests, the number of specific requests and quantitative indicators of the use of other functionality of the Software.

1.17. Telephone Channel shall mean a type of Channel through which telephone calls are made to the Users of the Licensee in order to convey any information to the Users by means of voice messages.

1.18. Unique User is a non-repeating User, possessing unique characteristics that allow identifying him as a specific User, and interacting with the Bot on the Channel. In case the same User uses different Channels (Messengers, Voice Assistants, etc.), including to continue the interaction on the same request, he is considered as the Unique User for each of the Channels used.

1.19. Chat widget shall mean an interactive view of the Channel, integrated with the website in which the Bot is launched by a single button, made in text or graphic form, and has a visual embodiment in the form of a separate dialog box.

1.20. Payment system shall mean an electronic payment provider that provides an opportunity to accept funds in favor of legal entities via the Internet, attracted by the Licensor to make payments according to these Terms.

1.21. SMS-Message shall mean a text message sent to the User upon the occurrence of the conditions specified in the Bot's scenario and upon the User's consent to receive the service from the Licensee.

1.22. Settings shall mean the functionality of the Service, types of licenses and other rights acquired by the Licensee for a fee that allow the Licensee to change or expand the capabilities of the Service, the totality and / or quantitative indicators of which may determine the amount of the Licensor's remuneration.

1.23. Website shall mean https://aimylogic.com website containing information about the Service, providing the opportunity to create an Account, manage the Account, receive information about the Settings available and used by the Licensee, the cost of the Service, as well as containing other information regarding the Service.

1.24. Personal Account shall mean a section of the Website accessible under an account, where, among other things, the balance of a personal account, the selected tariff, Settings, settings, configurations, as well as services or works related to the Service and offered by the Licensor are displayed, as well as connection and management of the Service, Settings provided by services and works, displays statistical information on the use of the Service, and also contains the settings of the Licensee's account.

1.25. Territory shall mean territory within which the Licensee has the right to use the Software. Under these Terms, the right to use the Software is granted to all countries of the world.

1.26. Term shall mean the period during which the Licensee is entitled to use the Service. The Licensee has the right to use the Service during the term of the Agreement.

2. SUBJECT OF THE AGREEMENT AND GENERAL PROVISIONS

2.1. Under the Agreement and subject to the Licensee's compliance with its terms, the Licensor grants the Licensee a simple (non-exclusive) license to use the Service within the Territory, within and for the term specified by the Agreement, and the Licensee undertakes to pay the remuneration stipulated by the Agreement.

2.2. By agreeing to the terms of the Agreement, the Licensee:

2.2.1. if the Licensee is a legal entity, it:

confirms its legal capacity;

confirms that the Agreement is accepted by an authorized representative of the legal entity;

guarantees the accuracy of all the specified data provided to the Licensor during registration and use of the Service, and assumes all responsibility for their accuracy, completeness and reliability.

2.2.2. if the Licensee is an individual, he/she:
  • confirms his/her legal capacity;
  • certifies that he/she have reached the age of 18;
  • guarantees the accuracy of its personal and other data provided to the Licensor when registering and using the Service, and assumes full responsibility for their accuracy, completeness and reliability.

2.3. The Licensor has the right to process personal and other data provided by the Licensee in order to fulfill the Agreement and resolve claims under the Agreement, and the Licensee, by accepting the Agreement and using the Service, confirms Licensee's consent to this.

3. PROCEDURE FOR REGISTRATION AND USE OF THE SERVICE

3.1. To use the Service and Settings, the Licensee must register on the Website by creating a Personal Account by specifying the last name, first name, login (or phone number) and password, country.

The login/password pair constitute the Licensee's account, with the help of which he gets access to his Personal Account.

In order to register and gain access to the Personal Account, the Licensee is also entitled to use Google and Github authorization data.

3.2. Starting to use the Service, including during the registration procedure, the Licensee agrees to the processing of personal data provided by him in accordance with the provisions of the Privacy Policy.

Personal information provided by the Licensee under the Agreement is stored and processed by the Licensor in accordance with the terms of the Privacy Policy.

3.3. After successful registration, any actions performed using the Licensee's Personal Account are recognized as performed by the Licensee personally.

3.4. In the Personal Account, the Licensee has the right to independently change the following data: e-mail and password.

3.5. The Licensee is responsible for the safety and confidentiality of its credentials and is not entitled to disclose the login and password to third parties.

3.6. The Licensee assumes all possible risks associated with his actions to make mistakes, inaccuracies in the data provided during registration.

3.7. The Licensee is responsible for any actions performed using access to the Bot management through Licensee's Account/Personal Account and undertakes to reimburse any losses associated with the management of the Bot and the use of his Account/Personal Account by third parties.

3.8. In case of unauthorized access to the Licensee's Personal Account, the Licensee is obliged to immediately notify the Licensor about it by sending an application to: support@just-ai.com.

3.9. In the event of a change in the credentials or other data provided to the Licensor, the Licensee is obliged to immediately inform the Licensor about these changes by sending an application to: support@just-ai.com or by contacting technical support directly through the Service.

4. FINANCIAL CONDITIONS

4.1. Tariff plans are indicated on the Website in the section https://aimylogic.com/price.

4.2. The Licensor's remuneration is payable in advance:

4.2.1. the remuneration paid for each Reporting Period is paid before the date of commencement of the use of the Service (prepayment);

4.2.2. the remuneration calculated depending on additional quantitative indicators under the license is paid before the date of commencement of the use of the Service.

4.3. Payment of the Licensor's remuneration is made in a non-cash form by periodically automatically debiting funds from the bank card account specified by the Licensee in the Account/Personal Account, in the manner provided below (subscription) until the Licensee refuses the corresponding debits in the Account/Personal Account (subscription cancellation).

The Licensee gives its consent to the automatic periodic debiting of funds by the Payment System upon its order given in the manner provided for in this paragraph, and acknowledges that the instructions for debiting funds from its account, sent in accordance with these terms, are equal in legal force to genuine orders of the Licensee to write off funds on paper, duly certified by the signature of an authorized person of the Licensee.

The debiting of funds begins to occur automatically if the following conditions are met:
1) activation by the Licensee of the payment function in the Account/Personal Account;
2) the Licensee enters all the necessary details of the bank card from which the debits will be made, and the successful payment is made.

On a monthly basis, until the funds are debited, the Licensor warns the Licensee about the corresponding debiting of funds from a bank card.

If there are not enough funds on the Licensee's account at the time the payment is debited, the right to use some of the Settings for the Licensee is suspended until the account is replenished and the next debit is successfully completed.

4.4. The Licensee has the right at any time to refuse to carry out debits on account of the Licensor's remuneration by performing the appropriate actions in the Account/Personal Account (subscription cancellation). If this paragraph is applied, the cancellation of the subscription by the Licensee is considered a refusal to use the Service starting from the Reporting Period following the Reporting period in which the Licensee made the refusal. In this case, the return to the Licensee of the paid funds (including in the form of prepayment) until the moment of the corresponding refusal is not carried out.

4.5. After the refusal, the Licensee may at any time continue to use the Service by paying the corresponding remuneration of the Licensor.

4.6. The Licensor does not store the data of bank cards of the Licensees, the processing of bank card data and debiting of funds is carried out by the Payment System.

4.7. At the request of the Licensee, the Licensor provides an act of granting a license and / or services rendered (hereinafter referred to as the Act), dated from the beginning of the Reporting Period for which the Act is requested.

4.8. A written agreement may be reached between the Licensee and the Licensor on a different procedure for paying the Licensor's remuneration by signing an Agreement providing for other payment methods other than those indicated on the Website.

4.9. The transition to a new tariff plan, the list of which is given on the Website in the section https://aimylogic.com/price, is carried out in the following order:

if the Licensee switches to a tariff plan with a lower cost, the new tariff plan is applied from the beginning of the new Reporting Period;

if the Licensee switches to a tariff plan with a higher cost, the new tariff plan is applied from the day the Licensee makes payment in accordance with the new tariff plan.

4.10. As part of the use of the Service, the Licensee is provided with the Parameters related to sending SMS Messages to Users. Sending SMS-Messages by the Licensor is paid by the Licensee separately according to the chosen tariff in the order of prepayment.

5. RIGHTS AND OBLIGATIONS OF THE LICENSEE

5.1. The licensee has the right:

5.1.1. use the Service in the Territory in the ways specified in the Agreement and within the limits provided for by the Agreement;

5.1.2. receive information support from the Licensor regarding the operation of the Service and by sending a corresponding request to the email address support@just-ai.com.

5.2. The licensee undertakes:

5.2.1. do not attempt to modify, decompile, copy, reverse engineer, or take other actions aimed at obtaining the source text (code) of the Service or their elements, as well as disrupting their correct functioning;

5.2.2. when using the Service and executing the Agreement, comply with all the requirements of the Licensor set forth in the Agreement, as well as other requirements and recommendations of the Licensor brought to the attention of the Licensee;

5.2.3. not use the rights and (or) technical capabilities obtained in accordance with the Agreement to carry out actions prohibited by the legislation of England and Wales (such as gambling, sending information without consent to receive it, etc.);

5.2.4. not use the rights and (or) technical capabilities obtained in accordance with the Agreement in order to impersonate another person or a representative of any organization and / or community, including the support service of the Licensor, employees of the Licensor or perform other actions aimed at to mislead any third parties;

5.2.5. timely make mutual settlements with the Licensor in the manner and on the terms specified in the Agreement and its annexes;

5.2.6. if necessary, timely provide the Licensor with instructions and materials necessary for setting up and/or implementing the Service under the Agreement;

5.2.7. coordinate with the Licensor any use of the Licensor's name, trademarks and / or commercial designations, as well as any other information identifying the Licensor;

5.3. The licensee may not:

5.3.1. transfer the rights obtained in accordance with the Agreement to third parties without obtaining additional written consent from the Licensor;

5.3.2. grant sub-licenses of the Service to a third party.

5.4. If the Licensee integrates the Service with third-party software, the Licensee shall bear the risks and responsibility for compliance with copyright and related rights in connection with such use of software belonging to third parties.

5.5. By the time you start using the Service, the Licensee ensures the availability and operability of the technical equipment necessary for its normal operation.

5.6. As part of the support of the Service provided by the Licensor, the Licensee undertakes, if necessary, to provide the Licensor with access (direct or remote) to the equipment from which the Service is used.

5.7. The Licensee undertakes to build dialogues with Users in compliance with the following rules:

5.7.1. follow the rules of any third parties that provide the opportunity to interact with the User through the relevant communication Channels, including complying with any applicable agreements and rules of the Channels;

5.7.2. be fully responsible for the content of the Bot's responses, including SMS Messages, and the fact of their acceptance and transmission, as well as for choosing the Communication Channel with Users;

5.7.3. in the event that a message, including an SMS Message, within the framework of a dialogue contains advertising information, bear all the obligations of the advertiser and advertising distributor of such a message, including SMS Messages, provided by law, including obtaining Users' consent to send them advertising messages;

5.7.4. ensure compliance with the applicable law when forming the texts of dialogues, including SMS-Messages, Skills, responses to requests, including, but not limited to, that their texts do not contain information, the distribution of which is prohibited by the applicable law, including unfair, false advertising / information that misleads consumers, incites to commit illegal acts and / or calls for violence and cruelty, which is an advertisement for a product whose advertising is prohibited in this way, at this time or in this place, and is also political advertising.

At the same time, obscene words and expressions (in any language), or words consonant with them (orthoepic), or other words of offensive content (including, but not limited to, words that offend national, religious and other feelings) cannot be used in the texts; threats of any nature, including threats of violence, infliction of material damage, dissemination of information discrediting honor, dignity or business reputation;

5.7.5. in the event that an SMS Message or other message is sent to the User via telecommunication networks, the Licensee guarantees the User's consent to receive such SMS Message or other message sent via telecommunication networks.

5.8. The Licensee agrees not to use means to artificially change the number of Unique Users, including, but not limited to, not to use intermediate servers, technical intermediaries, redirects, VPN services and aggregators.

The Licensor has the right, on its own initiative, to analyze and compare the number of Unique Bot Users and the number of requests to it.

If the Licensor suspects that there is an artificial change in the number of Unique Users, the Licensor requests clarifications from the Licensee, which he is obliged to provide within 3 (three) business days from the receipt of a request from the Licensor (including by e-mail). In the event that the explanations were not provided within the specified period or the Licensee did not provide a written request for an extension of the period for additional clarification of the circumstances, or from the explanations received and the additional investigation of the circumstances it will be established that there has been an artificial change in the number of Unique Users, the Licensee has the right to terminate the Agreement. In this case, the access of the Licensee and Users to the Service is terminated, and the paid funds are not returned.


6. RIGHTS AND OBLIGATIONS OF THE LICENSOR

6.1. The licensor has the right:

6.1.1. carry out current management of the Service, independently determine the structure, interface, Settings and any other elements of an external (visual) and internal (code structure) nature;

6.1.2. at its own discretion, make changes to the Service in order to adapt it to specific tasks or improve, expand its functionality.

All exclusive rights to such improvements are reserved by the Licensor. At the same time, the Licensee has the right to use such improvements on the terms of the Agreement, and such improvements for the purposes of the Agreement are part of the Service;

6.1.3. at any time immediately terminate the Agreement and revoke the license to use the Service in case of violation by the Licensee of the terms of the Agreement, the legislation of England and Wales or the rights of third parties.

At the same time, the return of funds paid under the Agreement (including in the form of an advance payment) is not carried out to the Licensee, and the Parties specifically agreed that the paid funds are a reward for using the Service for the period until the termination of the Agreement by the Licensor;

6.1.4. provide within a reasonable time the technical and information support of the Licensee necessary to gain access to the Service and its subsequent use;

6.1.5. at any time, unilaterally change the amount of remuneration due to an increase in the cost of services of telecommunication service providers, notifying the Licensee of such changes no later than 30 (thirty) days before the entry into force of such changes.

By continuing to use the Service after the entry into force of these changes, the Licensee confirms his agreement with such changes;

6.1.6. unilaterally change the amount of own remuneration for the right to use the Service, notifying the Licensee of such changes no later than 5 (five) days before the expiration date of the current Reporting Period.

By continuing to use the Service after the entry into force of these changes, the Licensee confirms his agreement with such changes;

6.1.7. use the name and trademarks of the Licensee to designate the Licensee as its client in advertising and any other materials, in the list of clients on the Website, as well as at conferences, when preparing commercial offers and during negotiations with partners with the consent of the Licensee;

6.1.8. suspend the provision of the Service without prior notice to the Licensee if it is necessary to carry out preventive maintenance (during off-peak hours), in the event of force majeure, as well as accidents or failures in the hardware and software systems of third parties cooperating with the Licensor, or actions of third parties, aimed at suspending or terminating the operation of the Service.

6.2. The Licensor undertakes to independently and at its own expense pay remuneration to the authors of the Service, other copyright holders, as well as assignees of the above persons.

7. PERSONAL DATA

7.1. Relations of you (the Licensee) and Users are governed by law applicable to such User, as to the subject of personal data, and his personal data legislation, including, but not limited to, any laws, codes, directives, international treaties and agreements, other regulatory legal acts (hereinafter - "Personal Data Legislation"). Data shall be defined as personal in accordance with the applicable law.

7.2. The Licensee is obliged to determine the Personal Data Legislation for each User and comply with its requirements for such User separately.

7.3. The processing of User's personal data shall be carried out in accordance with Personal Data Legislation and Privacy Policy (hereinafter referred to as "Privacy Policy").

7.4. By using the Website or the Service, Licensee confirms the awareness and agreement with the Privacy Policy. If the Licensee does not agree with the Privacy Policy, such Licensee shall immediately stop using Service.

7.5. The Licensee acts as a representative of the Licensor in relations with the Users on the use of personal data, and also bears full responsibility to the Users for their personal data.

7.6. The Licensee is obliged to inform and in a cases stipulated by Personal Data Legislation obtain the consent of the Users for the transfer of their personal data to the Licensor and bring to the Users all required information in accordance with the Personal Data Legislation, about the Licensee as the person to whom the personal data of the Users are transmitted.

7.7. The Licensee undertakes to take and ensures that they have taken all the necessary and sufficient organizational and technical measures to protect the Users' personal data regarding its hardware, as well as any software used on it.

7.8. The Parties are prohibited from collecting, storing or processing in any other way information which is:
  • relating to bank cards and user accounts, and any bank data;
  • specific categories of personal data, including, but not limited to, data relating to racial and / or nationality, political views, religious or philosophical beliefs, health, intimate life, sexual orientation, biometric data, genetic data, and any other data that are classified as special in Personal Data Legislation;
  • data beyond what is necessary to comply with the purpose of processing such personal data;
  • data, the disclosure of which may cause significant harm to the User, violate the privacy of the User.

7.9. For the purposes of the implementation of this Terms under the General Data Protection Regulation adopted in the European Union No. EC 2016/679, the Licensor acts as a Processor, and the Licensee acts as a Controller of personal data, with all the consequences for parties of these statuses rights and responsibilities.

7.10. In the event that the Licensee violates Personal Data Legislation and causes losses to the Licensor as a result of such a violation, the Licensee shall indemnify all losses to the Licensor within 15 (Fifteen) business days from the date the request is received from the Licensor.

8. WARRANTY AND LIABILITY

1.1. The parties warrant that:

1.1.1. at the time of the conclusion of the Agreement are not bound by any contracts or agreements that prevent the conclusion of the Agreement and the fulfillment of all its conditions;

1.1.2. conscientiously fulfill the obligations assigned to him in accordance with the terms of the Agreement, in the manner prescribed by the Agreement and in compliance with the established deadlines.

1.2. The Licensee warrants that:

1.2.1. in cases where third parties present any claims or complaints against the Licensor for violation of intellectual property rights related to the violation by the Licensee of the terms of the Agreement or the legislation of England and Wales, the settlement of these claims on their own and at their own expense, in ways that exclude incurring losses on the part of the Licensor, and in in case of causing losses to the Licensor - compensation for the incurred losses in full within 5 (five) business days from the date of receipt of the relevant request from the Licensor;

1.3. in the event that a lawsuit is brought against the Licensor in connection with a violation by the Licensee of the terms of the Agreement or the legislation of the applicable law, send the Licensee a notice of receipt of such a claim, and in the event of a settlement agreement or a court decision against the Licensor to recover funds from the latter, reimburse the Licensor for losses in full volume, including all documented legal costs, no later than 5 (five) business days from the date of receipt of the Licensor's request, with documented expenses attached.

8.4. The Licensor warrants that:

8.4.1. The Service complies with the legislation of England and Wales, in particular, the legislation on the protection of the intellectual property;

8.4.2. has all the rights and permissions necessary to grant the Licensee the right to use the Service in accordance with the Agreement;

8.4.3. provide the Licensee with reliable and accurate information regarding the name of the Service, its constituent elements, authors, as well as other information related to the subject of the Agreement;

8.4.4. will refrain from any actions that could impede the implementation by the Licensee of the right granted to him to use the Service.

8.5. For failure to fulfill or improper fulfillment of obligations under the Agreement, the Parties shall be liable in accordance with the legislation of England and Wales and the terms of the Agreement to the extent of the actual damage caused, unless otherwise expressly provided by the Agreement.

9. FORCE MAJEURE

9.1. In case of occurrence of force majeure, impeding the full or partial fulfillment of their obligations by any of the Parties under this Terms the deadlines for the Parties to fulfill their obligations under this Terms are postponed in proportion to the time whose importance of such circumstances. The occurrence of such circumstances must be confirmed by the public authorities.

9.2. The party for which the impossibility of fulfilling its obligations under the Terms was created due to the circumstances of force majeure must, no later than 7 (seven) days from the moment of occurrence and termination of the above circumstances, inform the other Party in writing about the occurrence and termination of such circumstances.

9.3. If force majeure circumstances continue for more than 1 (one) month, the Party not affected by such circumstances has the right to terminate this Agreement, in which case neither of the Parties shall have the right to claim compensation from the other Party for damages caused by the termination of the Agreement. In this case, between the Parties, prior to the termination of the Agreement, a mutual settlement is made for debts that occurred before one of the Parties received the relevant written notice.

9.4. Failure to notify or delayed notification deprives the Party of the right to refer to any of the above circumstances as grounds for relieving it from liability for failure to fulfill obligations under this Agreement.

10. CONFIDENTIALITY

10.1. The parties to this Agreement undertake to keep as confidential all information of a technical, industrial and commercial nature (presented orally, visually or in writing), which they were informed about or became known to them by other means in connection with the conclusion and execution of this Terms.

10.2. Among other things, the Licensor's confidential information includes information regarding the algorithms and operating procedures of the Software, its interfaces and constituent components.

10.3. All rights to confidential information belong to the Party that initially transferred it. Upon termination of this Agreement, all confidential information contained on any media must be returned at the request of the Party that transferred them or destroyed.

10.4. The Parties undertake to limit the disclosure of confidential information to those representatives of the Parties (employees, consultants) who are objectively required to access this information in order to fulfill their obligations under this Agreement, and subject to the obligation of these persons to preserve the confidentiality of the information received. The parties have the right to transfer confidential information to third parties to the extent necessary for the execution of this Terms, while remaining responsible for the actions of such third parties as for their own. The Parties undertake to ensure the treatment of confidential information with the same level of care and prudence with which the receiving Party handles its own confidential information, but in no case below the level of reasonable care.

10.5. In cases not expressly provided for by the applicable law and Terms, confidential information may be transferred to third parties only upon prior written consent of the Parties. In case of disclosure of confidential information at the legal request of state bodies, the Party disclosing the confidential information of the other Party shall immediately notify the other Party.

10.6. For the purposes of these Terms, the following information is not considered confidential:

10.6.1. information that has become publicly available through no fault or not due to a violation of the terms of this Agreement by the Party receiving the information;

10.6.2. information independently obtained or developed by the Party legally without the use of any confidential information of the disclosing Party.

11. TERM AND TERMINATION

11.1. The Agreement is considered concluded from the moment of acceptance of the terms of the Agreement by the Licensee, and is valid until the termination of the Agreement or the expiration of the exclusive right to the Service, whichever comes first.

11.2. The Agreement may be terminated early by the Licensee by sending a notice to the Licensor at the email address support@just-ai.com no later than 5 (five) business days before the end of the current Reporting Period. In such case, the Agreement shall be deemed terminated at the end of such Reporting Period in which the notice was received by the Licensor. If the Licensee has notified the Licensee in violation of the specified period, the Agreement shall be deemed terminated at the end of the Reporting Period following the current one.

11.3. The Agreement is considered automatically terminated if the Licensee has not made any payments under the Agreement during the last 6 (six) months and has not performed any actions using his Account.

11.4. The Licensor has the right to terminate the Agreement unilaterally out of court by notifying the Licensee of the date from which the Agreement is considered terminated if the Licensee violates the laws of England and Wales, the rights of third parties or the provisions of the Agreement. In this case, the Licensee's access to the Service is terminated without the right to restore such access.

11.5. Re-registration of the Licensee who violated the terms of the Agreement under other credentials is prohibited, and the Licensor has the right to stop using the Service if such registration is detected.

11.6. The Licensee may be denied the opportunity to use the Service at any time without prior notice and under any circumstances without explaining the reason for such refusal. At the same time, the return to the Licensee of funds paid under the Agreement (including in the form of prepayment) is not carried out, and the paid funds are a reward for using the Service for a period from the date the Agreement enters into force until the termination of the Agreement.

11.7. The Licensor reserves the right to require the Licensee to conclude a written Agreement in the form of a single document in the form of the Licensor. In case of non-fulfillment of the specified requirement of the Licensor by the Licensee, the Licensor has the right to immediately terminate the Agreement unilaterally out of court or immediately suspend the use of the Service by the Licensee.

12. MISCELLANEOUS

12.1. Issues not regulated by the Agreement shall be resolved in accordance with the legislation of England and Wales.

12.2. Mutual settlements are carried out in USD. The obligation of the Licensee to pay is considered fulfilled from the moment the funds are received on the account of the Licensor.

12.3. Inaction on the part of the Licensor in case of violation by the Licensee or other third parties of the provisions of the Agreement does not deprive the Licensor of the right to take appropriate actions to protect its interests later.

12.4. All disputes and disagreements arising between the Parties under the Agreement or in connection with it shall be resolved through negotiations between the Parties.

12.5. In the event that the dispute is not settled through negotiations, the Parties agreed on the obligatory observance of the pre-trial claim procedure for resolving disputes. Claims sent by any of the Parties to the Agreement to the other Party must be considered within 15 (fifteen) business days from the receipt of the claim.

12.6. In case of failure to reach an agreement or violation of the claims procedure for settling disputes, the dispute is submitted by either Party to the competent courts of England. Notwithstanding the foregoing, nothing in these Terms shall be construed as preventing Licensor from seeking any injunctive relief (or other analogous measures) from a competent court in any jurisdiction.

12.7. The Agreement may be amended and/or supplemented by the Licensor unilaterally at any time. At the same time, continued use of the Service after making changes and / or additions to the Agreement means the Licensee's consent to such changes and / or additions, in connection with which the Licensee undertakes to regularly monitor changes to the Agreement posted on the Internet at: https://aimylogic .com/documents/terms-of-service-en.

12.8. If any of the provisions of the Agreement is held invalid, this does not affect the validity or enforceability of the remaining provisions of the Agreement.

12.9. Appeals, proposals and claims of individuals and legal entities to the Licensor related to the operation of the Service, violations of the rights and interests of third parties, the applicable law, as well as requests from persons authorized by the applicable law may be sent to the email address: support@just-ai.com.
APPENDIX TO THE TERMS FOR USING THE AIMYLOGIC ULTIMATE SERVICE
1. By paying for packages of minutes for the purpose of using the Telephone Channel, the Licensee agrees to the rules set forth in the Application and the Agreement.

The rules set forth in the Appendix shall operate additionally and simultaneously with the rules set forth in the Agreement.

2. In order to use the Telephone Channel, the Licensee pays for the selected package of minutes according to the tariffs in advance.

The monthly cost of using the Service may or may not include the cost of the Telephone Channel parameter.

When using the number of base minutes included in the corresponding tariff, the Licensee has the right to purchase additional packages of minutes at the cost specified in the Appendix.

By paying the cost of using the Service with the included cost of the Telephone Channel parameter or the cost of a package of minutes, the Licensee agrees to the tariffs set for the Telephone Channel.

3. When using the Telephone Channel, the Licensee agrees that for the purposes of billing, the duration of a telephone call less than 15 (fifteen) seconds is rounded up to 15 (fifteen) seconds. It does not matter who initiated the termination of the telephone call.

Example:
  • a phone call less than 15 seconds equals 15 seconds;
  • a phone call for more than 15 seconds and less than 30 seconds is equal to 30 seconds when billing;
  • a phone call lasting 1 minute 5 seconds is equal to 1 minute 15 seconds when billed;
  • a phone call lasting 1 minute 16 seconds for billing purposes is equal to 1 minute 30 seconds.

4. The number of base minutes not used in the current Reporting Period is not transferred to the next Reporting Period. Additional minutes packages unused during the Reporting Period shall be transferred to the next Reporting Period

During the Reporting period basic minutes are spent for the first, then the additional packages minutes.

5. In the event that the Licensee has spent all the minutes before the expiration of the Reporting Period, then the use of the Telephone Channel is suspended until the payment for a new package of minutes made.

6. For start using the Telephone Channel, Licensee shall set up a permanent number that will be used for making telephone calls by connecting SIP-telephony (Session Initiation Protocol).

The Licensee shall be able to connect SIP-telephony in the settings of his Account as follows:
  • you must go to the Account;
  • select the "TELEPHONE SETUP" tab.

Basic SIP telephony settings include:
  • login;
  • Password;
  • Host / IP;
  • port;
  • Use for incoming telephony;
  • The number of lines available.

Advanced SIP telephony settings include:
  • Registration requirement;
  • Connection check;
  • Protocol;
  • Sound codecs;
  • Prefix numbers;
  • Replacing / deleting the first digit in the number with an outgoing call;
  • The number of calls per second (cps);
  • Use of direct media when transferring a call;
  • SIP headers.

After Licensee completes all the necessary fields in the abovementioned list, the corresponding new connection shall be displayed.

Connecting SIP-telephony, the Licensee has the following rights:
  • create an unlimited number of SIP connections;
  • add a new or delete an existing connection at any time;
  • select the connection that will be used by default;
  • use a SIP connection for other purposes (not related to the use of the Software).

The Licensee's use of SIP telephony does not change the billing scheme chosen by the Licensee.

7. In order to use the Telephone Channel, the Licensee independently determines the content of voice messages, the Users-recipients of the Licensee's voice messages and the time of sending the Licensee's voice messages.

8. The licensor is not entitled to edit and otherwise influence the content of voice messages. The licensor has the right (but not the obligation) to check the content of voice messages.

9. The Licensor does not guarantee that all Users of the Licensee will receive voice messages.

In the Account, the Licensee may be provided with information about the Licensee's Users who were dialed, as well as the reaction of such Users to a voice message, and information about the Licensee's Users who were not dialed (indicating the number of dialing attempts). The Licensee himself chooses the number of attempts to call the Licensee's User (the maximum number is 3 times).

10. The Licensee is fully responsible to the Licensor, Users and third parties, in particular, the competent state bodies, for the content of voice messages and the fact of their acceptance and transmission, and undertakes to independently provide information and reports to the relevant state bodies, obtain all licenses at its own expense and permissions required to carry out the above activities.

11. The Licensee undertakes to obtain the consent of the Users to whom voice messages are sent for the Users to receive such voice messages of the Licensee in the manner and in the form provided by the applicable law, if obtaining consent is provided for by the applicable law. The Licensee undertakes to provide the Licensor, within 2 (two) business days from the date of receipt of the relevant request from the Licensor, documents confirming the fact that the Licensee has fulfilled the requirements of this paragraph.

12. The Licensee undertakes not to use the rights and / or technical capabilities to carry out actions prohibited by the applicable law.

13. The Licensee is obligated to provide the Users with complete and reliable information provided for by the applicable law. The Licensee is responsible for the completeness and accuracy of the information provided to Users.

14. The Licensee hereby undertakes, independently and at its own expense, in ways that exclude the Licensor from incurring losses, to consider and resolve claims, complaints and other appeals of Users and third parties as soon as possible related to the content and the fact of transmitting the Licensee's voice messages via the Telephone Channel. The Licensee undertakes to inform the Licensor about the receipt of the above requests and the results of their consideration within 1 (one) business day.

15. The Licensee hereby guarantees that the voice messages in their content, as well as the fact of sending them, comply with the requirements of the applicable law and international law, do not violate the constitutional rights of citizens, and also do not contain any illegal content, including:

  • content that restricts or violates any rights, including third party intellectual property rights;
  • content that is or may be considered offensive, discriminatory, including insult or discrimination based on race, religion, color, nationality, origin, disability due to physical or mental disorders, health status, including genetic characteristics, marital status, gender, age, sexual orientation or any other characteristics protected by the applicable law;
  • content that is unlawful in accordance with any applicable laws or regulations;
  • content that contains or transmits viruses, malware ("worms"), defects, trojans or malicious codes;
  • as well as content containing:
    • advertising of politics, political parties or organizations of a political orientation;
    • o alcohol and related services;
    • o tobacco and related services;
    • o sexual nature and any other content of category 18+;
    • o gambling;
    • drugs and any business involved in their sale;
    • weapons and any business involved in its sale;
    • terrorism (or its justification), as well as calls for violation of the constitutional order.

16. The Licensor has the right to immediately suspend the use of the Telephone Channel or the Service by the Licensee if the fact of transmission or the content of voice messages is contrary to the applicable law, moral and / or ethical standards, or violates the rights of Users or third parties, the terms of the Appendix or the Agreement, as well as if receipt of requests from telephone operators or regulatory authorities.

17. The Licensor has the right to immediately suspend the use of the Telephone Channel or the Service by the Licensee in the event that the Licensor or the telephone operator receives an application from the User to stop sending messages to such User.

18. The Licensor has the right to terminate or refuse to grant the Licensee the rights to use the Service or the Telephone Channel:
  • in the event that the Licensor loses the technical ability to provide the functionality of the Service, the Telephone Channel due to the special requirements of telephone operators;
  • in the event that the telephone operator receives from the User an application to stop sending voice messages to the address of such User, as well as in the event of termination of the User's subscription agreement with the telephone operator;
  • in case of violation by the Licensee of applicable law, the rights of third parties, the provisions of the Appendix or the Agreement.

In these cases, the Licensor also has the right to terminate the Agreement unilaterally out of court by notifying the Licensee of the date from which the Agreement is considered terminated.

SMS PACKAGES

1. By paying for packages of SMS Messages, the Licensee agrees to the rules set forth in the Appendix.

The rules set forth in the Appendix to the Agreement shall operate additionally and simultaneously with the rules established by the Agreement.

2. The use of a paid package of SMS-Messages is not limited to one Reporting Period.

3. The Licensee independently determines the content of the SMS Messages, the Users-recipients of the Licensee's SMS Messages and the time of sending the Licensee's SMS Messages.

4. The Licensor is not entitled to edit or otherwise influence the content of SMS Messages.

5. The Licensee is fully responsible to the Licensor, Users and third parties, in particular, the competent state bodies, for the content of SMS Messages and the fact of their acceptance and transmission, and undertakes to independently provide information and reports to the relevant state bodies, at its own expense to receive all licenses and permits required to carry out the above activities.

6. The Licensee undertakes to obtain the consent of the Users to whom the SMS Messages are sent for the Users to receive such SMS Messages from the Licensee in the manner and in the form provided for by the applicable law, if obtaining consent is provided for by the applicable law. The Licensee undertakes to provide the Licensor, within 2 (two) business days from the date of receipt of the relevant request from the Licensor, documents confirming the fact that the Licensee has fulfilled the requirements of this paragraph.

7. The Licensee undertakes to provide Users with complete and reliable information provided for by applicable law.

8. The Licensee is responsible for the completeness and accuracy of the information provided to Users.

9. The Licensee undertakes independently and at its own expense, in ways that exclude the incurring of losses by the Licensor, to consider and resolve claims, complaints and other requests from Users and third parties related to the content and the fact of transmission of the SMS Messages of the Licensee as soon as possible.

10. The Licensee undertakes to inform the Licensor within 1 (one) business day of the receipt of the above applications and the results of their consideration.

11. The Licensee warrants that the content of SMS-Messages, as well as the fact of sending them, comply with the requirements of the applicable law and international law, as well as social, moral, ethical norms and principles (do not offend human dignity, do not promote violence, racial or national hatred, etc.), do not violate the constitutional rights of citizens, and do not contain any illegal content, including:

  • content that restricts or violates any rights, including third party intellectual property rights;
  • content that is or may be considered offensive, discriminatory, including insult or discrimination based on race, religion, color, nationality, origin, disability due to physical or mental disorders, health status, including genetic characteristics, marital status, gender, age, sexual orientation or any other characteristics protected by applicable law;
  • content that is unlawful in accordance with any applicable laws or regulations;
  • content that contains or transmits viruses, malware ("worms"), defects, trojans or malicious codes;
  • as well as content containing:
    • o advertising of politics, political parties or organizations of a political orientation;
    • o alcohol and related services;
    • o tobacco and related services;
    • o sexual nature and any other content of category 18+;
    • o gambling;
    • o drugs and any business involved in their sale;
    • o weapons and any business involved in its sale;
    • o terrorism (or its justification), as well as calls for violation of the constitutional order.

12. The Licensor has the right to immediately suspend the use by the Licensee of the functionality of the Service for sending SMS Messages or in general if the fact of transmission or the content of SMS Messages is contrary to the applicable law, moral and / or ethical standards, or violates the rights of Users or third parties, conditions Applications or Agreements, as well as upon receipt of requests from telephone operators or regulatory authorities.

13. The Licensor has the right to immediately suspend the use by the Licensee of the functionality of the Service for sending SMS Messages or in general if the Licensor or the telecom operator receives an application from the User to stop sending messages to such User.

14. The Licensor has the right to terminate or refuse to grant the Licensee the rights to use the functionality of the Service for sending SMS Messages or in general:
  • in the event that the Licensor loses the technical ability to provide the functionality of the Service, the Telephone Channel due to the special requirements of telephone operators;
  • in the event that the telephone operator receives from the User an application to stop sending voice messages to the address of such User, as well as in the event of termination of the User's subscription agreement with the telephone operator;
  • in case of violation by the Licensee of applicable law, the rights of third parties, the provisions of the Appendix or the Agreement.
In these cases, the Licensor also has the right to terminate the Agreement unilaterally out of court by notifying the Licensee of the date from which the Agreement is considered terminated.

Information about current tariffs is available on the page https://aimylogic.com/price
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