Terms and Conditions

These Terms and Conditions are effective as of June 1, 2023. Please read these Terms carefully because they are a binding agreement between You and Connect AG LLC.

1. Terms of Services

Avabot is the AI platform services (the “Services”) provided by Connect AG LLC. These Terms and Conditions constitute an agreement between Avabot service clients (“Clients”) and Connect AG, LLC, (each, a “Party,” and collectively, the “Parties”), a Company duly incorporated in the State of Virginia, governing the access to the Avabot platform, www.Avabot.io site (the “Site”), software, data feeds, information, tools, features, and functionalities available on the Site and/or all and any customer service solutions offered and operated by Connect AG,

By accepting this Agreement, either by entering, visiting, accessing, using and/or paying for a Service, You (Clients) agree to be bound by this Agreement as of the date of such access or use of the Service (the “Effective Date”).If You are entering into this Agreement on behalf of a company, organization or another legal entity (an “Entity”), You are agreeing to this Agreement for that Entity and representing to Connect AG that You have the authority to bind such Entity and its Affiliates to this Agreement, in which case the terms “Client”, “Customers”, “You,” “Your” or a related capitalized term herein shall refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with this Agreement, You must not use or authorize any use of the Services

Connect AG reserves the right, at our discretion, to change these Terms and Conditions. The Terms and Conditions are published on www.avabot.io/terms page  If you want to make sure that you are up to date with the latest changes, we advise you to frequently visit this page. In case You continue to use the Services and/or Site after any changes, You agree to be bound by such modifications or revisions.

2. Use of the Services

The services are used by Clients, Clients’ customers or other authorized Client employees and assoicates (each, a “User”, and collectively, the “Users”). All such users are bound by applicable Terms and Conditions, as contained in this document. Any Client managed platform through which the Services are integrated with, and/or offered shall refer to the applicable Terms and Conditions as conditions for access. An example of such applicable Terms and Conditions is Privacy Policy.

In order to access and use the services, Connect AG may provide Client with software, applications, interfaces, access numbers, and other such tools, which are licensed, not sold, for limited use under this agreement.

2.1. CONNECT AG offers several  Services through AVABOT platform:

  • AI Chat: Avabot provides conversational services between user and one or more AI Digital Assistants. The Users (Clients or their customers, employees, associates) access Digital Assistant using authorized digital channels such as Web, SMS, or other channels such as a social media. For the purpose of accounting, the unit of measure for chatbot service is a Message, which is originated or responded to by User or Digital Assistant. When a message is sent by a User and responded to by Digital Assistant, it is considered as two messages.

  • Live Chat: Live Platform (“Livechat”), where Users may interact with Client’s  human agents in multiple digital channels. For the purpose of accounting, the measure used is Message, as defined in section 2.1 under Chatbot service.

  • Voice:  Automatic (using AI Digital Assistant) or Live customer service solution (using human agent) on telephone channels. For the purpose of accounting, the unit of measure is minutes of live call session. The Session is considered started from the moment a call is answered till a call ends either by the action of calling user or AI digital assistant or Live Agent.

‍Connect AG reserves the right to change, modify or discontinue the services without any notice. You are eligible to cancel the services at any time without recourse to receiving any refunds for the payments already made, services already completed or received as of cancellation date.

3. Content

(a) Your Content. You may provide input to the Services (“Input”), and receive output generated and returned by the Services based on the Input (“Output”). Input and Output are collectively “Content.” As between the parties and to the extent permitted by applicable law, you own all Input. Subject to your compliance with these Terms, Connect AG hereby assigns to you all its right, title and interest in and to Output. This means you can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with these Terms. Connect AG may use Content to provide and maintain the Services, comply with applicable law, and enforce our policies. You are responsible for Content, including for ensuring that it does not violate any applicable law or these Terms.

(b) Similarity of Content. Due to the nature of machine learning, Output may not be unique across users and the Services may generate the same or similar output for Client or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Content.

(d) Accuracy. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.

(e) Access to Content. In order to provide acceptable service, train AI digital assistants and improve our AI services, Connect AG, its employees or associates may access Content and related meta data generated by the service. This will be done in accordance with applicable privacy policies as detailed in Privacy section. You agree and accept access to such data by us anytime as needed, without any notice.

4. Privacy Policy

(a) Connect AG privacy policy is published at the Site under www.avabot.io/privacy. The privacy policy is incorporated here in total and is deemed to be part of the Terms and Conditions.

Client shall use their best efforts to  include on its website and other digital offerings (i) a privacy policy that includes a link to the Connect AG Privacy Policy and when legally compulsory (ii) appropriate notice and choice mechanisms that comply with relevant laws and regulations.

5. Payments

(a) For Connect AG to be obliged to provide the Services to Clients, it is an essential condition that the service should be paid in due time and manner according to Services online subscription, agreement, contract or Service Order, wherever applicable according to client category and form of contracting. If Clients fail to comply with this condition, Connect AG shall be entitled to cancel the Service and to require pecuniary compensation.

6. Indemnification; Disclaimer of Warranties; Limitations on Liability

(a) Indemnity. You will defend, indemnify, and hold harmless us, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of the Services, including your Content, products or services you develop or offer in connection with the Services, and your breach of these Terms or violation of applicable law.

(b) Disclaimer. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.

(c) Limitations of Liability. NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ​​THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED DOLLARS ($100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

7. General Provisions

(a) Governing Law; Jurisdiction.These Terms and any action related thereto will be governed and  interpreted by and under the laws of the State of DELAWARE, USA.  without giving effect to any conflicts of laws  principles that require the application of the law of a different jurisdiction. 

(b) Export Controls: The Services may not be used in or for the benefit of, exported, or re-exported (a) into any U.S. embargoed countries (collectively, the “Embargoed Countries”) or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals, any other restricted party lists (existing now or in the future) identified by the Office of Foreign Asset Control, or the U.S. Department of Commerce Denied Persons List or Entity List, or any other restricted party lists (collectively, “Restricted Party Lists”). You represent and warrant that you are not located in any Embargoed Countries and not on any such restricted party lists. You must comply with all applicable laws related to Embargoed Countries or Restricted Party Lists, including any requirements or obligations to know your end users directly.

(c) Class Action Waiver.WHERE PERMITTED UNDER APPLICABLE LAW, YOU AND CONNECT AG AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER PARTY ONLY IN YOUR OR  ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED  CLASS OR REPRESENTATIVE ACTION. Unless both you and AVABOT mutually agree, no arbitrator  or judge may consolidate more than one person’s claims or otherwise preside over any form of a  representative or class proceeding.

(d) Arbitration. In the unlikely event that a claim or dispute arising between Connect AG and Clients could not be resolved privately and friendly by the Parties, both Clients and Connect AG hereby agree that any claim, dispute or controversy (excluding provisional remedies or equitable compensation requested by Connect AG) arising as a result of or in connection with, or in relation to, these Terms and Conditions, or the breach or alleged breach thereon, (jointly, the “Claims”), shall be submitted to arbitration under the rules of the American Arbitration Association (“AAA”) in the City of Washington, DC, pursuant to the rules of the AAA then effective, unless otherwise expressly stated in this Agreement. The award rendered by the arbitrator shall include arbitration costs, reasonable attorneys´ fees, and reasonable fees of experts and other witnesses.  Nothing contained in this clause shall be deemed to prevent Connect AG from requesting provisional remedies and/or seeking equitable compensation before the competent authorities, as necessary to protect any interests held by Connect AG.

(e) Force Majeure. Neither us nor you will be liable by reason of any failure or delay in the performance  of its obligations on account of events beyond the reasonable control of a party, which may include  denial-of-service attacks, interruption or failure of the Internet or any utility service, failures in third-party  hosting services, strikes, shortages, riots, fires, acts of God, war, terrorism, and governmental action.

(f) Relationship of the Parties; No Third Party Beneficiaries. The parties are independent contractors.  These Terms and the Service provided hereunder, do not create a partnership, franchise, joint venture,  agency, fiduciary or employment relationship between the parties. There are no third party beneficiaries  to these Terms.

(g) Entire Agreement. These Terms and all amendments and additional agreements that may be entered into with Connect AG in respect of the Services shall constitute the entire agreement between Clients and Connect AG. If any provision of these Terms is held to be invalid by a court of competent jurisdiction, it shall not in any way affect the validity of the remaining provisions contained in these Terms and Conditions, which shall remain in full force and effect.