Terms Of Service
Welcome to Theme Demo. Theme Demo is an online platform that allows developers, individuals, companies, and agencies to build efficiently, host, and manage chatbots. Please read on to learn the rules and restrictions that govern your use of our website(s), products, services, and applications (the “Services”).
License Grant & Restrictions
Theme Demo, as a result of this, grants you a non-exclusive, non-transferable, limited, revocable, worldwide right to use the Service during the License Term solely for your internal business purposes, subject to the terms and conditions of this Agreement. If your online ordering process or your Order Confirmation is provided for a specific number of Users, your license to use the Service is limited to the specified number of Users. Theme Demo and its licensors reserve all rights not expressly granted to you. You may not access the Service for monitoring its availability, performance, or functionality or for any other benchmarking, reverse engineering, or competitive purposes.
You shall not
(i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service, Theme Demo Technology, or the Theme Demo Content in any way;
(ii) modify or do derivative works based upon the Service, Theme Demo Technology, or the Theme Demo Content;
(iii) embed the Service as an “iframe” or “frame” from within another application; or
(iv) reverse engineer or access the Service to
(a) build a competitive product or service,
(b) build a product using ideas, features, functions, or graphics that are similar to those related to the Service, or
(c) copy any ideas, features, functions, or graphics of the Service. The Service cannot be shared or used by more than one individual unless (and solely to the extent that) the Order Confirmation allows for sharing within your internal organization. Sharing of the Service outside your organization is never permitted. Your sole responsibility is your proper assignment of username and passwords for the Service and adherence to all terms of this Agreement and Order Confirmation. You are responsible for maintaining the confidentiality of your usernames, passwords, and accounts. More than one individual may not share usernames and passwords.
They may not be transferred from one individual to another unless the original User no longer requires access to the Service and is no longer permitted. You may use the Service only for your internal business purposes and shall not:
(i) send or store material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;
(ii) interfere with or disrupt the integrity or performance of the Service or the data contained therein, or Theme Demo’s sites, servers, or networks;
(iii) attempt to gain unauthorized access to the Service or its related systems or networks, or (iv) take any action that imposes an unreasonably or disproportionately large load on Theme Demo’s infrastructure. Theme Demo shall be entitled to adjust the scope of the Service and the underlying technical infrastructure to reflect the continuing development of the Service and technological advances.
Intellectual Property Ownership
Theme Demo alone (and its licensors, where applicable) shall own all rights, title, and interest, including all related Intellectual Property Rights, in and to the Theme Demo Technology, the Theme Demo Content, and the Service and any derivatives, suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service, and any aggregated metrics, data and trends compiled by Theme Demo. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the Theme Demo Technology, or the Intellectual Property Rights owned by Theme Demo. The Theme Demo name, the Theme Demo logo, and the product and service names associated with the Service and Theme Demo Content are trademarks of Theme Demo or third parties, and no right or license is granted to use them hereunder. The Site may include trademarks, service marks, or logos of third parties, all of which are the property of their respective owners. In addition, all content published on the Site belongs to Theme Demo and its licensors under applicable copyright law.
Use of the Service
A. Resale and Commercial 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, except in cases in which your product is materially similar or designed to compete directly with the Services provided by Theme Demo.
B. You will only use the Services in a manner that complies with all laws that apply to you, except that you may build chatbots using the Services and sell and otherwise exploit and commercialize the chatbots you have made. If applicable laws prohibit your use of the Services, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account or password with anyone and must protect your account’s security and password. You’re responsible for any activity associated with your account.
C. Personal Safety. Our Services promote sharing of personal information among Users. We cannot assure you that it is safe to have direct contact with any other individual you come into contact with through the Services. Suppose you believe that any individual is harassing you or is otherwise using personal information about you for unlawful purposes. In that case, we encourage you first to inform local law enforcement authorities and then to contact us at [email protected] Demo.com so that we may take appropriate action to block further use of the Services by any individuals who may have accessed them for improper purposes.
D. Location-Based Services. We may offer features based on the users’ location and report on those Users’ current locations (the “Location-Based Services”). Use of Location-Based Services is solely at your discretion. Should you use Location-Based Services, you consent to collecting and disseminating your location information through the Services. Under no circumstances shall we be liable for claims or any damages from that place arising out of your informed decision to share your location information with your profile information through the Services.
E. Disclaimers of Responsibility for User Actions. No Reliance on Content. Opinions, votes, advice, statements, offers, or other information or content made available through the Services are those of their respective authors and should not necessarily be relied upon. Such authors are solely responsible for such content. We do not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Services or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Services. Under no circumstances will we or our affiliates be responsible for any loss or damage resulting from your reliance on information or other content posted through the Services or transmitted to or by any Users.
Theme Demo Code of Conduct
By accessing the Services, you agree to the following code of conduct:
You will not publish, display or use (from now on “post”) any defamatory, abusive, obscene, profane, threatening, harassing, racially offensive, discriminatory, or otherwise offensive or illegal material.
You will treat all fellow Users with dignity and respect.
You will notify us promptly of any User’s violation of these Terms.
Any information contained in your Facebook profile and made accessible to other Users—including any telephone numbers, street addresses, last names, URLs, email addresses, or additional contact information—is posted at your own risk, and we assume no responsibility the use of such information.
You will not impersonate any person or entity.
You will not “stalk” or harass any User or other individual accessing the Services.
You will not express or imply that we endorse any statements you make without specific prior written consent.
You will not use manual or automatic processes to retrieve, index, data mine, reproduce, or circumvent the services’ navigational structure or presentation or contents. This prohibition does not include standard indexing by Internet search engines, which at this moment is explicitly permitted.
You will not post, distribute or reproduce any copyrighted material, trademarks, or other proprietary information without obtaining the prior consent of the owner of such proprietary rights.
Responsibly & Liability
Any information or content publicly posted or privately transmitted through the Services. Any chatbots created using the Services are the sole responsibility of the person from whom such Content originated. You access all such information and content at your own risk. We aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content. You, at this moment, release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users you interact with using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so in the way you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
Theme Demo has no control over and assumes no responsibility for the content, accuracy, privacy policies, or practices of or opinions expressed on any third-party websites or by any third party you interact with through the Services. In addition, Theme Demo will not and cannot monitor, verify, censor, or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any liability arising from using any third-party website or service. Your interactions with organizations and individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and individuals. It would be best if you made whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Theme Demo shall not be responsible or liable for any loss or damage incurred due to such dealings. If there is a dispute between participants on this site or between users and any third party, you agree that Theme Demo is under no obligation to become involved. Suppose you have a dispute with one or more other users. In that case, you release Theme Demo, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Services.
If you are a California resident, you shall and at this moment do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Theme Demo is continually adding new products and services to its offering and offers a variety of payment plans and options. The following describes the general payment terms agreed upon:
For paying users, the service is billed in advance every month based on the “start date” of a subscription 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 unless otherwise agreed to in writing, Service fees are charged following the fees, charges, and billing terms in effect when a fee or charge is due and payable. The initial charges at Sign up will equal the current list price of the chosen edition of the selected Service Plan, plus any add-ons and discounts.
Subsequent monthly payments may have Add-on services, or usage charges applied, as described in your monthly online billing statement.
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. Cancellation of a Paid Subscription must be made within seven days of your billing date to stop payment for the next month of service. Unless agreed upon in writing in advance, Theme Demo reserves the right to modify its fees and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail.
You must provide Theme Demo with a valid credit card to sign up for the Service. You now represent that you are authorized to give any credit card you use to sign up for the Service. You agree to provide Theme Demo with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorized billing contact and License Administrator. You agree to update this information within 30 days of any change. If the contact information you have provided is false or fraudulent, Theme Demo reserves the right to terminate your access to the Service in addition to any other legal remedies. All invoices and payments to Theme Demo will be in the US $. If you believe your invoice is incorrect, you must contact Theme Demo in writing within 45 days of the invoice setting forth details regarding the inaccuracy to be eligible to receive an adjustment or credit.
Theme Demo will automatically renew your monthly or annual subscription, bill your credit card, or submit electronic invoices as mutually agreed upon. The renewal charge will be equal to the Service fee in effect during the prior term unless Theme Demo has given you at least 30 days prior written notice of a fee increase, which shall be effective upon renewal and after that.
Non-Payment and Suspension
In addition to any other rights granted to Theme Demo herein, Theme Demo reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Late invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance or the maximum rate permitted by law, whichever is less, plus all collection expenses.
You will continue to be charged for the Service during any suspension period. Suppose you or Theme Demo initiates termination of this Agreement. In that case, you will be obligated to pay the balance due on your account for the applicable Initial Term or Renewal Term, as the case may be, computed following the Charges and Payment of Fees section above. You agree that Theme Demo may charge such unpaid fees to your credit card or otherwise bill you for such outstanding fees.
Theme Demo reserves the right to impose a reconnection fee if you are suspended and request access to the Service after that. You agree and acknowledge that Theme Demo has no obligation to retain Customer Data or Customer Content and that such Customer Data and Customer Content may be irretrievably deleted if your account is 30 days or more delinquent.
Termination for Cause
Any breach of your payment or other material obligations or unauthorized use of the Theme Demo Technology or Service will be deemed a material breach of this Agreement. Without limiting its ability to pursue other remedies, Theme Demo, in its sole discretion, may terminate your password, account, or use of the Service if you breach or otherwise fail to comply with this Agreement.
Neither Theme Demo nor its licensors or suppliers makes any representations or warranties concerning any content contained in or accessed through the Services. We will not be responsible or liable for the accuracy, copyright compliance, legality, or decency of material contained in or accessed through the Services. We (and our licensors and suppliers) make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services.
The services and content are provided by Theme Demo(and its licensors and suppliers) on an “as-is” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or that use of the services will be uninterrupted or error-free. some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.
Limitation of liability. to the fullest extent allowed by applicable law, under no circumstances and under no legal theory (including, without limitation, tort, contract, strict liability, or otherwise) shall Theme Demo (or its licensors or suppliers) be liable to you or to any other person for
(a) any indirect, special, incidental, or consequential damages of any kind, including damages for lost profits, loss of goodwill, work stoppage, the accuracy of results, or computer failure or malfunction, or (b) any amount, in the aggregate, in excess of the greater of (i) $100 or (ii) the amounts paid by you to Theme Demo in connection with the services in the twelve (12) month period preceding this applicable claim, or (c) any matter beyond our reasonable control. some states do not allow the exclusion or limitation of certain damages, so the above limitation and exclusions may not apply to you.
To the fullest extent allowed by applicable law, You agree to indemnify and hold Theme Demo, its affiliates, officers, agents, employees, and partners harmless from and against any 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 the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. 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).
You may not assign, delegate or transfer these Terms, your rights or obligations hereunder, or your Services account in any way (by law or otherwise) without Theme Demo’s prior written consent. We may transfer, assign, or delegate these Terms and our rights and obligations without consent.
Choice of Law; Arbitration.
This Agreement shall be governed by Massachusetts law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in Boston, Massachusetts. No text or information set forth on any other purchase order, preprinted form, or document (other than an Order Confirmation, if applicable) shall add to or vary the terms and conditions of this Agreement. Suppose any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable. In that case, such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other clauses remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Theme Demo due to this Agreement or use of the Service.
The failure of Theme Demo to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Theme Demo in writing. This Agreement, together with any applicable Order Confirmation, comprises the entire agreement between you and Theme Demo and supersedes all prior or contemporaneous negotiations, discussions, or agreements, whether written or oral, between the parties regarding the subject matter contained herein. Suppose any of your Users are contractors to your organization. In that case, you agree that such contractors shall be required by written agreement to comply with all applicable restrictions outlined in this Agreement. You shall be fully liable for and indemnify Theme Demo concerning any failure of any contractor to so comply.
You will be responsible for paying, withholding, filing, and reporting all taxes, duties, and other governmental assessments associated with your activity in connection with the Services, provided that the Theme Demo may, in its sole discretion, do any of the preceding on your behalf or for itself as it sees fit. The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
Suppose any provision of these Terms is found to be unenforceable or invalid. In that case, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable. You and Theme Demo agree that these Terms are the complete and exclusive statement of the mutual understanding between you and Theme Demo and that it supersedes and cancels all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You, at this moment, acknowledge and agree that you are not an employee, agent, partner, or joint venture of Theme Demo. You do not have any authority to bind Theme Demo in any respect whatsoever. You and Theme Demo agree there are no third-party beneficiaries intended under these Terms.
GDPR Processing Addendum
To the extent that Theme Demo processes any personal data of EU/EEA residents provided by its clients and which personal data is subject to the General Data Protection Regulation (GDPR), the terms and conditions of Theme Demo’s Data Processing Addendum https://wiblly.com/gdpr-compliance/ shall apply to such processing on the client’s behalf.