Last Updated: 10/24/2023
1. Acceptance of Terms
By accessing and using Convogrid (“Platform”), you agree to comply with and be bound by these Terms and Conditions (“Terms”). If you do not agree to these Terms, please refrain from using the Platform and related services.
2. Definitions
- (a) “Platform” refers to the Convogrid chatbot platform, including the website, software, and services provided by Convogrid.
- (b) “User” refers to any person or entity accessing or using the Platform.
3. Entire Agreement
This Agreement, in conjunction with the relevant privacy policy, serves as the comprehensive agreement between the involved parties, replacing any prior or concurrent written or verbal agreements, proposals, or representations pertaining to its subject matter.
4. Registration and Accounts
- (a) Users may be required to create an account to access certain features of the Platform. Users agree to provide accurate, current, and complete information when creating an account. As part of the registration process you will need to sign up and create an account, including a username & password, on the platform.
- (b) Your registration on the platform grants you access to various features and services that are intended solely for your use. Your registered account and its login credentials should not be shared with other users. Violating this clause may lead to the termination of the accounts that have been misused, and/or all accounts assigned to you.
- (c) Users are solely responsible for maintaining the confidentiality of their account information and for all activities associated with their account.
- (d) If, for any reason, you suspect that your username & password has been disclosed to, or obtained, by another party you should contact us immediately.
5. Use of the Platform
- (a) Convogrid grants Users a non-exclusive, non-transferable, and revocable license to use the Platform for its intended purposes.
- (b) Users shall not use the Platform for any illegal or unauthorized purpose, including but not limited to distributing malware, engaging in fraudulent activities, or violating the rights of others.
- (c) Users shall not attempt to gain unauthorized access to the Platform or any part thereof.
(d) Limitations of Service
- (i) It is recognized and mutually agreed that you bear full responsibility for assessing the authenticity, quality, precision, and dependability of any data submitted to us before making or executing decisions based on this information, and for any ensuing consequences.
- (ii) You acknowledge that we are not responsible for any data you manage or generate on the platform, and we do not assume any liability for it.
6. Unacceptable use of Services and User Conduct.
- (a) You affirm, guarantee and consent that you will not generate, contribute or engage in the creation of any Content or User submission (each term defined below) or use the services in a manner that;
- (i) Infringes or breaches the intellectual property rights or any other rights of any individual
- (ii) Contravenes any law or regulation
- (iii) Exhibits harm, fraudulence, deception, threats, harassment, defamation, obscenity or any other objectionable behaviour
- (iv) Endangers the security of your Convogrid account or that of any other user (Such as permitting another individual to access the services as You)
- (v) Endeavours in any way to obtain the password, account or other security information of any other user
- (vi) Breaches the security of any computer networks, or attempts to crack passwords of security encryption codes
- (vii) Duplicates or stores a substantial portion of the Content;
- (viii) Decompiles, reverse engineers, or attempts to access the source code or underlying concepts or information related to the Services.
- (b) Violating any of the above constitutes sufficient grounds for terminating your right to utilize or access the Services, with or without prior notice, and may involve the submission of your contact information, data, and intelligence that you have developed on the platform, subject to legal notifications received from a regulatory authority in such circumstances.
7. Content and Privacy
- (a) Convogrid may collect and use information from Users as described in our Privacy Policy. By using the Platform, you consent to the collection and use of your data in accordance with this policy.
- (b) All information shared with us is owned by You. We are not responsible for assessing its authenticity, excellence, precision, or dependability.
- (c) Users are solely responsible for the content they create or upload to the Platform. Convogrid does not claim ownership of User-generated content, but Users grant Convogrid a worldwide, royalty-free, and non-exclusive license to use, display, and distribute such content in connection with the Platform.
- (d) Any information or content shared via the Services, whether publicly posted or privately transmitted, as well as any chatbots developed through the platform, are the exclusive responsibility of the individual who initially provided such content. You must engage with all such information and content at your own discretion, and we do not accept responsibility for any inaccuracies or omissions in such information or content, nor for any potential damages or losses you may incur as a result.
- (e) We do not have the ability to control or the obligation to take any action concerning how you interpret or use the Content, or the actions you may take after being exposed to it. By using the Services, you release us from any liability associated with the acquisition or nonacquisition of Content through our platform. We cannot guarantee the identities of users you interact with while using our Services, and we are not responsible for determining which users gain access to the platform.
- (f) You are solely responsible for all the Content you contribute to the Services in any way, and you confirm that you possess all the necessary rights to do so as you contribute it. It is your responsibility to keep your registration information accurate and up to date. You are also responsible for all your activity in connection with the Services
- (g) The Services may include links or connections to third-party websites or services that we do not own or control. When you access third-party websites or utilize third-party services, you accept the inherent risks and acknowledge that we are not liable for these risks. We strongly advise you to be aware of this and to read the terms and conditions and privacy policies of each third-party website or service you visit or use. You are solely responsible for complying with the terms and conditions, as well as any legal or business conditions provided by third-party providers through the Platform.
- (h) We have no control over, and assume no responsibility for, the content, accuracy, privacy policies, practices, or opinions expressed in any third-party websites or by any third parties you interact with through the Services. Furthermore, we are unable to monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release us and hold us harmless from any and all liability arising from your use of any third-party website or service.
- (i) Your interactions with organizations and individuals found onor through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such transactions, are solely between you and those organizations and individuals. You should conduct any necessary investigations you deem appropriate before engaging in any online or offline transactions with these third parties. You agree that we shall not be responsible or liable for any loss or damage of any kind resulting from such interactions.
- (j) In the event of a dispute between participants on this site, or between users and any third party, or a dispute arising from a violation of the terms and conditions established for the use of the Platform, you agree that we are not obligated to intervene. If you find yourself in a dispute with one or more other users, you release us, our officers, employees, agents, and successors from any claims, demands, and damages of any nature, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, connected in any way to such disputes and/or our Services.
8. Subscription, Payments and Billing
9. Indemnity
- (a) To the fullest extent allowed by applicable law, you agree to indemnify and hold us, and our affiliates, aggregators, key service provider, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (a) your use of all Services (b) your violation of these Terms, or (c) your infringement upon any intellectual property or other proprietary right of any person or entity.
- (b) In the event of such a claim, suit, or action (“Claim”), we will attempt to provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
- (c) We may, at our own expense, assume the defense and control of any matter otherwise subject to indemnification by you. Doing so shall not absolve your indemnity obligations in this Agreement. The terms of this paragraph will survive any termination or cancellation of the Agreement.
10. Intellectual Property
The materials presented, performed, or accessible on or through the Services, which include, but are not limited to, text, graphics, data, articles, photos, images, illustrations, User Submissions, and similar items (collectively referred to as the “Content”), are safeguarded by copyright and/or other intellectual property laws. You commit to adhering to all copyright notices, trademark regulations, information, and constraints contained within any Content you encounter while using the Services. You shall not use, copy, replicate, alter, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or exploit in any way, for any purpose, any Content that you do not own, either (i) without the prior consent of the owner of that Content or (ii) in a manner that infringes upon the rights of others (including Convogrid).
11. Terms of the Agreement and Termination
- (a) Convogrid reserves the right to terminate or suspend User accounts, deny access to the Platform, or remove content without notice or liability for any reason, including if Users violate these Terms.
- (b) This agreement remains in effect until you or we decide to terminate it.
- (c) You are free to discontinue using the Services at any time; simply notify us via email at [email protected] . Your termination becomes effective once Convogrid receives and processes the email, which may take up to 72 working hours.
- (d) We have the discretion to terminate (or suspend access to) your use of the Services or your account for any reason, including a breach of these Terms. We retain the sole right to determine whether you have violated any of the restrictions specified in these Terms.
- (e) Account termination may result in the deletion of any chatbots and Content associated with your account, so please consider this before deciding to terminate your account.
- (f) We will make reasonable efforts to provide advance notice to you before terminating your account so that you can retrieve any essential User Submissions stored in your account (to the extent permitted by law and these Terms). However, we may not do so if we determine it to be impractical, illegal, unsafe, or detrimental to Convogrid’s rights or property.
- (g) Provisions that, by their nature, should survive termination of these Terms shall survive termination such as the obligations related to payment, indemnification, limitations on our liability, terms regarding ownership of Intellectual property rights and terms concerning disputes between us will persist post-termination.
- (h) After termination, you must cease using the Services immediately. We may disable further use of the Services or related Services without prior notice and may delete, remove, and erase any account information and data stored by us. Such deletions are at our sole discretion and may occur without prior notification. No refunds will be provided for any reason.
12. Disclaimers and Limitations
- (a) The Platform is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied.
- (b) Convogrid is not responsible for the actions, content, or information of third parties, and Users release Convogrid from any claims or liabilities arising from such interactions.
- (c) In no event shall Convogrid be liable for any direct, indirect, special, incidental, or consequential damages, including but not limited to loss of data, profits, or business interruption, arising out of the use or inability to use the Platform.
13. Notices
Convogrid may send notices to the Customer’s email addresses provided by the Customer pursuant to these terms. All notices will be deemed to be received 24 hours after they have been sent. All queries, demands and requests to Convogrid with respect to this agreement shall be made in writing to: [email protected]
14. Changes to Terms
Convogrid reserves the right to update and change these Terms from time to time. Users will be notified of any changes, and their continued use of the Platform after the changes constitute acceptance of the updated Terms.
15. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts in Sri Lanka.
16. Contact Information
If you have any questions or concerns about these Terms, please contact us at [email protected] .