Last Updated: February 21, 2017
These are the Terms of Service of BVBA AMR Consulting. If you use our website, our products and services, or our mobile app, these Terms apply so please read them carefully.
These Terms apply to users of our website, www.elisebot.com, and our products and services. We refer to our website, and products and services in these Terms collectively as our services. You can use our services only if you can lawfully enter into and form contracts under applicable law. If you use our services, you must do so in compliance with these Terms and with applicable laws and regulations. By If you do not want these Terms to apply, please do not use our services.
We may change or modify portions of these Terms at any time, including when there are changes in our services, technology, regulation or for other reasons. If we do, we will provide notice by posting the updated Terms on our website and changing the “Last Updated” date above. Any amended Terms will become effective no earlier than 14 days after they are posted and will apply prospectively to you use of the services after the changes become effective, except that changes addressing new functions of our services or changes made for legal reasons may be effective immediately. Your continued use of our following the effective date of these changes will constitute your acceptance of such changes. If you do not agree to any amended Terms, you will need to discontinue using our services.
Overview. Our services are designed to make it easier to write information to and read information from existing enterprise software systems. Our services include (a) automatically recording information on your behalf in those systems, with
Third Party Service Providers. We use third party service providers to process the data you send us in order to fulfill the services. For example, we may pass the information you provide us about a new contact to a third party service provider in order to enrich and augment that data. You agree to provide true, accurate, complete and current information about yourself and your accounts. You authorize us and our third party service providers to access the websites and sources of your financial accounts, on your behalf, and gather information about you. You give us and our third party service providers a limited power of attorney, and appoint us and our third party service providers as your true and lawful attorney-in-fact and agent, with full power of substitution and re-substitution, for you and in your name and place, in any capacity, to access third party websites and sources, servers or documents, retrieve information, and use this information, with full power and authority to do anything with the information in connection with the services. You license to us and our third party service providers any information, data, passwords, materials or other content gathered. You agree that we and our third party service providers may use, modify, display and distribute this content, create new material with it and do the same with any new material.
We are a Platform, Not an Agent, Broker, Insurer, Advisor. Our services are an administrative platform only. We are not a broker, agent of a third party product provider, insurer, or otherwise a party to any transaction you enter into with a third party product provider. You acknowledge and agree that we are not a party to any transactions or agreements entered into between you and a third party product provider. If you enter into a transaction with a third party, you are contracting directly with the third party and not us. The agreements governing the terms and conditions of any transaction with a third party are separate from our services.
Account Security. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session when accessing our services. We will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services. We may modify or discontinue, temporarily or permanently, our services or any part of our services with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our services.
Usage and Storage. You acknowledge that we may establish general practices and limits concerning use of our services, including the maximum period of time that a user can retain data or other content using our services and the maximum storage space that will be allotted on our servers on your behalf. You agree that we have no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded by our services. You acknowledge that we reserve the right to terminate accounts that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Prohibited Activities. You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages or other materials that you upload, post, publish or display or email or otherwise use via our services. The following are examples of the kind of content and/or use that is illegal or prohibited. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this section, including without limitation, suspending or terminating your account and reporting you to the law enforcement authorities. You agree to not use our services to:
Fees. To the extent our services are available for a fee, you will be required to select a payment plan and provide us information regarding your credit card or other payment method. You represent and warrant to us that this payment information is true and that you are authorized to use the payment method. You will promptly update your account information with any changes that may occur. You agree to pay the amount that is specified in the payment plan in accordance with the terms of that plan and these Terms. You agree to payment in advance and authorize us to bill your payment method in advance on a periodic basis in accordance with the terms of the applicable payment plan until you terminate your account. If you dispute any charges you must let us know within sixty (60) days after the date that we charge you. We reserve the right to change our prices. If we does change prices, we will provide notice of the change on our website or in an email to you, at our option, at least thirty (30) days before the change is to take effect. Your continued use of our services after the price change becomes effective constitutes your agreement to pay the changed amount. We may choose to bill through an invoice, in which case, full payment for invoices issued in any given month must be received by us thirty (30) days after the mailing date of the invoice, or the services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. VAT will be charged for customers based in the European Union.
Export Controls. International Use. Software (as defined below under “Services Content, Software and Trademarks”) available in connection with our services and the transmission of applicable data, if any, is subject to European Union export controls. No Software may be downloaded from our services or otherwise exported or re-exported in violation of E.U. export laws. Downloading or using our services is at your sole risk. Recognizing the global nature of the Internet, you agree to comply with all local rules and laws regarding your use of our services, including as it concerns online conduct and acceptable content.
Commercial Use. Unless otherwise expressly authorized in these Terms or in our services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of our services, use of our services, or access to our services.
Services Content, Software and Trademarks. You acknowledge and agree that our services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by us, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below under “User Content Transmitted Through the Services”) that you legally upload to our services. In connection with your use of our services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by us from accessing our services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of our services or the Services Content other than as specifically authorized in these Terms is strictly prohibited. The technology and software underlying our services or distributed in connection therewith are the property of us, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by us.
Our name and logos are our trademarks and service marks (collectively the “Trademarks”). Other product and service names and logos used and displayed via our services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to us. Nothing in these Terms or our services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Trademarks displayed on our services, without our prior written permission in each instance. All goodwill generated from the use of Trademarks will inure to our exclusive benefit.
Third Party Material. Under no circumstances will we be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content, but that we and our designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via our services. Without limiting the foregoing, we and our designees will have the right to remove any content that violates these Terms or is deemed by us , in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Services. With respect to the content or other materials you upload through our services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant us and our affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content solely in connection with the operation of our services in any form, medium or technology now known or later developed. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about our services, submitted by you to us are non-confidential, and we will be entitled to the unrestricted use and dissemination of these submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that we may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process, applicable laws or government requests; enforce these Terms; respond to claims that any content violates the rights of third parties; or protect the rights, property, or personal safety of us, our users and the public. You understand that the technical processing and transmission of our services, including your content, may involve transmissions over various networks; and changes to conform and adapt to technical requirements of connecting networks or devices.
Our services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and does not endorse such sites and resources. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using our services are between you and the third party, and you agree that we are not liable for any loss or claim that you may have against any such third party.
You agree to release, indemnify and hold us and our affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our services, any content, your connection to our services, your violation of these Terms or your violation of any rights of another.
Disclaimer of Warranties
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. We make no warranty that our services will meet your requirements, that our services will be uninterrupted, timely, secure, or error-free, that the results that may be obtained from the use of our services will be accurate or reliable, or that the quality of any products, services, information, or other material obtained by you through the services will meet your expectations.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID US IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.
You agree that we, in our sole discretion, may suspend or terminate your account (or any part thereof) or use of our services and remove and discard any content within our services, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of our services, may be referred to appropriate law enforcement authorities. You agree that any termination of your access to our services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or our services. Further, you agree that we will not be liable to you or any third party for any termination of your access to the our services.
You agree that you are solely responsible for your interactions with any other user in connection with our services, and we will have no liability or responsibility with respect thereto. We reserve the right, but has no obligation, to become involved in any way with disputes between you and any other user of our services.
These Terms constitute the entire agreement between you and us and govern your use of our services, superseding any prior agreements between you and us with respect to our services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms will be governed by the laws of Belgium and European Union without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration,you and us agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within [Brussels, Belgium]. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of our services or these Terms must be filed within one year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms without our prior written consent, but we may assign or transfer these Terms, in whole or in part, without restriction. Notices to you may be made via either email or regular mail.
You may contact us by mail at Pastorijwegel 12 Sint-Pauwels 9170 , Belgium and by email at firstname.lastname@example.org.