Last Modified: 4 Aug 2021
SmartLink Pty Ltd (“UChat”, “SmartLink”, “Owner”, “we”, or “us”) provides an online software platform that allows developers, individuals, companies and agencies (the “Customers”) to build, manage and host chatbots. These Terms of Service (these “Terms”) shall govern the use of UChat (“UChat”, “The Application”, “Service”).
Acceptable Use You are fully permitted to use our Application and Services (as well as our API) in commerce as a means to resell or build goods and services which you use or offer commercially, with the exception of cases in which your product is materially similar or designed to compete directly with the Services offered by UChat. You must not: a. Use UChat in any way or take any action that causes, or may cause, damage to the Service or impairment of the performance, availability or accessibility of the Service; b. Use UChat in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity; c. Use our service to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; d. Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent; e. Remove any copyright, trademark or other proprietary rights notices displayed through the Services. f. Post, distribute or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. g. Directly modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of UChat or any software used on or for the Services, or cause or assist others to do so.
Subscribing to Service UChat is free to utilize but has optional paid plans with varying prices. For paying Customers, the service is billed on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. Charges are solely based on our measurements of your use of the Service, unless otherwise agreed to in writing. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. The base paid plan has a fixed price. The total monthly or yearly fees may vary depending on the additional services you may want to add on monthly or yearly basis and may change the amount required with each billing. Paid subscription service may be terminated anytime by the user through the application account administration panel.
Registration and accounts a. You may register for an account with UChat by completing and submitting the signup form on our website. a. You will be able to access UChat immediately after email confirmation. b. You must not allow any other person to use your account to access the service. c. You must notify us in writing immediately if you become aware of any unauthorised use of your account. d. You must not use any other person’s account to access the website, unless you have that person’s express permission to do so. e. You’re responsible for any activity associated with your account.
User login details a. You must keep your password confidential. b. You must notify us in writing immediately if you become aware of any disclosure of your password. c. You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
Cancellation and suspension of accounts a. We may suspend your account, cancel your account or edit your account details at any time in our sole discretion without notice or explanation. b. You may cancel your account on our website using your account control panel on the website.
Service Reselling Customers are not allowed to reproduce, duplicate, copy, sell, resell or exploit any portion of UChat and of its Service without the Owner’s express prior written permission, granted either directly or through a proper reselling program.
Service Interruption The Owner reserves the right to add and remove functionalities or features as well as suspend or even discontinue the Service, either temporarily or permanently. In case of final discontinuation, the Owner will do the utmost to allow Customers to withdraw their information held by the Owner.
Copyright notice We, together with our licensors, own and control all the copyright and other intellectual property rights of every material or resource you may find using our service and all the copyright and other intellectual property rights you may find using our service are reserved. Except for Application Content that is in the public domain or for which permission has been provided, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Application Content.Subject to these Terms, we grant to you a limited, revocable, non-exclusive, fully paid license to access the Application Content, for the sole and limited purpose of facilitating your use of the Services.
Disclaimer of Warranties We provide UChat Services on an “As Is”, “with all faults” and “As Available” basis, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, workmanlike effort, non-infringement, or any other warranty – all to the fullest extent permitted by law. We specifically do not represent or warrant that the UChat Services (or any part, feature or Content thereof) are complete, accurate, of any certain quality, reliable or secure in any way, suitable for or compatible with any of your (or your End Users’) contemplated activities, devices, operating systems, browsers, software or tools (or that they will remain as such at any time), or comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or program limitations. Moreover, we do not endorse any entity, product or service (including any Third Party Services) mentioned on or made available via the UChat Services – so please be sure to verify those before using or otherwise engaging them.
Limitation of Liability To the fullest extent permitted by law in each applicable jurisdiction, UChat, its officers, directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including any damages resulting from (1) errors, mistakes, or inaccuracies of or in any content; (2) any personal injury or property damage related to your use of the UChat Services; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored therein; (4) any interruption or cessation of transmission to or from the UChat Services; (5) the use or display of any Content or User Content posted, emailed, transmitted, or otherwise made available via the UChat Services; (6) events beyond the reasonable control of UChat, including any internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, intergalactic struggles, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill, or other intangible losses, resulting from the use or the inability to use any or all of UChat Services.
Indemnity The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees, as the case may be, harmless from and against any claim or demand, including without limitation, reasonable lawyer’s fees and costs, made by any third party due to or arising out of the User’s content, use of or connection to the Service, violation of these Terms, or violation of any third-party rights.
Changes to these Terms Smart links Pty Ltd reserves the right to modify these Terms at any time, informing Customers by publishing a notice within UChat. Customers who continue to use UChat after the publication of the changes accept the new Terms in their entirety.
Governing Law and Jurisdiction These Terms and any dispute concerning the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and to the exclusive jurisdiction of the courts where the Owner has their registered offices. An exception to this rule applies in cases, where the law provides a sole place of jurisdiction for consumers.
Miscellaneous a. Without prejudice to our other rights under these Terms and conditions, if you breach any provision of these Terms and conditions in any way, or if we reasonably suspect that you have breached these Terms and conditions in any way, we may delete, unpublish or edit any or all of your content and delete or terminate your account. b. You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law. c. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms.