Terms of Service – Last Revised 5th September 2018
Able AI Ltd (“Able AI”, or “we”), provides the individual and businesses communication platform through its application (the “Application”), also accessible through a web browser, that allows users to request information and communicate with service providers and organisations. By using the Application you agree to be bound by the Terms of Service (the “Terms of Service”). If you wish to become a user, please read the Terms of Service and indicate your acceptance by following the instructions in the Registration process.
1. Basic Principles.
Please read all of the Terms of Service carefully. Without limiting any term of the Terms of Service, the following are a few basic principles that apply to your use of the Application:
- You must be 16 years or older to use the Application.
- If your Able AI account is terminated for any reason, you may not create another Able AI account without our express prior written permission to do so.
Able AI reserves the right, at its sole discretion, to modify, discontinue or terminate the Application at any time without prior notice.
Able AI reserves the right, at its sole discretion, to modify the Terms of Service, at any time and without prior notice. If we modify the Terms of Service, we will post the modification on this website or otherwise provide you with notice of the modification. We will also update the “Last Revised Date” in the Terms of Service. By continuing to access or use the Application after we have posted a modification to the Terms of Service or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the Terms of Service, whether modified or not, are not acceptable to you, you must cease accessing and using the Application.
3. Account Registration and Eligibility.
3.1 Residence; Age Requirement; Authority.
In order to use any of the Application, you must be in a country in which Able AI is legally authorized to operate the Application and be at least 16 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this Agreement, and (ii) you are at least 16 years old. If you do not agree to, or cannot comply with, any of the terms and conditions of this Agreement, please do not attempt to access any of the Application.
You will be responsible for providing the mobile device, network connection, and any other hardware and software necessary to use the Application.
3.4 Account Confidentiality.
You agree that you will not allow others to use any aspect of your Account Information. You are responsible for taking steps to maintain the confidentiality and security of your account. You agree to notify us immediately of any unauthorized use of your password and/or account. Able AI will not be responsible for any losses arising out of the unauthorized use of any of your Account Information and/or account and you agree to indemnify and hold harmless Able AI, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of the same.
To prevent unauthorized access, to maintain data accuracy, and to ensure the appropriate use of Account Information, Able AI uses appropriate physical, technical and administrative procedures to safeguard the information we collect.
4.1 Application Fees.
You acknowledge that Able AI reserves the right to charge a fee for any portion of the Application. The Company will provide you with advance notice of any such fees, including any change in the amount of such fees, and a way to cancel your account and/or subscription in the event you do not wish to pay the modified fee. If you continue to use the Application after a fee has been imposed or increased, you are expressly agreeing to the fee or increase thereto and you will be responsible for paying such fee for the balance of your subscription or use of the Application. If Company suspends or terminates your account and/or access to the Application because you have breached the Terms of Service or violated applicable law, you will not be entitled to a refund of any unused portion of such fees or other payments.
- Able AI may offer different tiers of services through the Application. The fees for such service tiers shall be paid in advance on a regular subscription model. Should User fail to pay any such fees, User will no longer have the premium access associated with such paid service tiers.
4.2 Communicating with Non-users.
The Application may allow users to communicate with individuals outside of the Application (“Non-users”). When Users sent communications to Non-users through the Application, the communications may be sent to Non-users via email or SMS. Users are responsible for all fees and charges associated with data or SMS sent internal or external to the Application. Moreover, Non-users responding to Users, may reply via SMS or email which may cause User to incur additional fees or costs from its mobile or data services providers. User agrees to pay all fees, charges, costs associated with using the Application and communicating with other users and Non-users whether through the Application or otherwise.
5. Your Content.
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of our Application (“Your Content”), you understand and agree that:
- you will continue to own and be responsible for Your Content;
- Able AI will not sell Your Content to any third party;
- you are giving Able AI the right to use Your Content (with no fees or charges payable by us to you) solely for the purposes of providing, promoting, developing and trying to improve the Application, including new services that Able AI may provide in the future;
- e) in using Your Content for these purposes, Able AI may copy, reproduce, host, store, process, adapt, modify, translate, perform, distribute and publish Your Content worldwide in all media and by all distribution methods, including those that are developed in the future, provided that they are incorporated into our Application which you use; and
- f) Able AI may share Your Content with third parties that Able AI works with to help provide, promote, develop and improve our Application, but these third parties (other than our affiliate companies) will not make any separate use of Your Content for their own purposes (i.e. for any purposes that are not related to our Application).
6. License to the Application.
6.1 License Grant.
Able AI grants to you a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal non-commercial purposes only. If you subscribe to the Application, this license is contingent upon your payment of any applicable subscription fees and your compliance with any other terms and conditions applicable to you as a User. Any violation by you of the license provisions contained in this Section 6.1 may result in the immediate termination of your right to use the Application. Able AI reserves all right, title and interest not expressly granted under this license to the fullest extent possible under applicable laws. ANY USE OF THE APPLICATION NOT SPECIFICALLY PERMITTED UNDER THIS AGREEMENT IS STRICTLY PROHIBITED.
Able AI may from time to time make available to all users of the Application, updates at no cost or subject to additional fees in Able AI’s sole discretion. “Updates” means any updates, upgrades or error corrections to the Application that Able AI makes available generally to users of the Application. Notwithstanding anything else contained in this Agreement, Able AI will have no obligation to continue producing or releasing new versions of the Application or any updates thereto.
7. General Prohibitions.
You agree not to do any of the following while using the Application:
- Use the Application in a manner inconsistent with any and all applicable laws and regulations;
- Post, upload, publish, submit or transmit any text, graphics, images, software, music, audio, video, information or other material that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v)promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including, but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances);
- Bully, intimidate, or harass any User;
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Sell or otherwise transfer your profile;
- Use your Account to do anything unlawful, misleading, malicious, or discriminatory;
- Do anything that could disable, overburden, or impair the proper working or appearance of Able AI, such as a denial of service attack or interference with page rendering or other Able AI functionality;
- Use the Application to reproduce copyrighted materials;
- Collect or store any personally identifiable information from the Site or Application from other users of the Site or Application without their express permission;
- Make the Application available over a network where it could be used by others;
- Provide your Account Information, including your password, to any other person;
- Translate, reverse engineer, decompile, disassemble, modify or create derivative works based on the Application or any portion of them, except as expressly allowed under applicable law;
- Circumvent any technology used by Able AI or its licensors to protect communications via the Application;
- Rent, lease or sublicense any of the Application;
- Use the Application in any way that violates the terms of this Agreement or other Able AI policies; or
- Encourage or enable any other individual to do any of the foregoing.
Able AI will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Application security issues, to the fullest extent of the law. Able AI may involve and cooperate with law enforcement authorities in prosecuting users who violate the Terms of Service. You acknowledge that Able AI has no obligation to monitor your access to or use of the Application or to review or edit any content, but has the right to do so for the purpose of operating the Application and providing our services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Able AI reserves the right, at any time and without prior notice, to remove or disable access to any content and any User, that Able AI, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Application.
The Application is protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Except as expressly provided in the Terms of Service, Able AI and its licensors exclusively own all right, title and interest in and to the Application, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Application.
Your content is fully owned by you and your licensors.
As between you and Able AI, you acknowledge that Able AI owns or has a license to all title and copyrights in and to the Application. All title and intellectual property rights in and to the licensed content in the Application is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties and subject to use restrictions under such laws or treaties. You will not sublicense, assign, or transfer the license granted to you under this Agreement. Any attempt to sublicense, assign, or transfer any of the rights, duties, or obligations in violation of the provisions of this Agreement is void.
8.2 Able AI Trademarks and Third-Party Trademarks.
The following are registered trademarks or trademarks of Able AI: Able AI, and its design logo, as well as certain other Able AI trademarks, service marks, graphics, and logos (collectively, the “Able AI Trademarks”) used in connection with the Application. The Application may contain third-party trademarks, service marks, graphics, and logos. You are not granted any right or license with respect to Trademarks or the trademarks of any third party.
The Application may use technology to protect the digital information shared through the Application from unauthorized use for several features, including, but not limited to, the Chat function. Your use of the Application may be limited by such technology. Further, you acknowledge that such security features may not be impermeable. You acknowledge that, from time to time, Able AI may modify or discontinue using such technology. Security modifications made by Able AI may from time to time include required updates to the Application. IF YOU ATTEMPT TO VIOLATE OR CIRCUMVENT ANY SYSTEM OR NETWORK SECURITY COMPONENTS OR TECHNOLOGY, YOU MAY BE SUBJECT TO CIVIL OR CRIMINAL LIABILITY.
10. Able AI cares about your privacy.
Without limiting other remedies, Able AI may at any time suspend, terminate, or refuse to provide you with access to the Application. If Able AI terminates, disables or suspends your access to the Application for any reason your will not create another Able AI account without first receiving Able AI’s express written permission to do so. Able AI may notify authorities or take any actions it deems appropriate, without notice to you, if Able AI suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (i) failed to comply with any provision of the Terms of Service or any policies or rules established by Able AI; or (ii) engaged in actions relating to or in the course of using the Application that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, other Users, Able AI, any other third-parties, or the Application.
Without limiting any other terms of the Terms of Service, you may stop using the Application and delete your Account Information at any time.
12. Links to Third Party Websites and Services.
The Application, and communications sent through the Application, may contain links to or information regarding third-party websites or resources, including, but not limited to, service providers like Dropbox. You acknowledge and agree that Able AI is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources.
You acknowledge that you are subject to the terms and conditions of such Third Party resources when you use their services enabled or accessible through the Application. Further, links to such websites or resources do not imply any endorsement by Able AI of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Your dealings with, or participation in promotions of any third-party advertisers via the Application are solely between you and such third party and your participation is subject to the terms and conditions associated with that advertisement or promotion. You agree that Able AI is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties via the Application.
15. General Practices Regarding Use and Storage.
You acknowledge that Able AI may establish general practices and usage limits on the Application. This may include the length of time we store your data as well as your maximum allotted free data exchange. You agree that Able AI is not responsible or liable for the deletion or failure to store any data or other content maintained by the Application. You further acknowledge that we may change these general practices and limits at any time without notice.
EXCEPT FOR ANY APPLICABLE GUARANTEES THAT CANNOT BE EXCLUDED UNDER LOCAL APPLICABLE LAWS:
THE APPLICATION (INCLUDING ANY SOFTWARE CONTAINED THEREIN) AND ANY UPGRADES OR PLUG-INS ARE LICENSED
TO YOU “AS IS.” ANY USE OF THE APPLICATION WILL BE AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ABLE AI DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ABLE AI MAKES NO REPRESENTATIONS OR GUARANTEES THAT THE APPLICATION WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ABLE AI DISCLAIMS ANY LIABILITY RELATING THERETO.
ABLE AI MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES THAT USE OR RESULTS OF THE USE OF THE APPLICATION WILL BE ACCURATE, RELIABLE, CURRENT, UNINTERRUPTED OR WITHOUT ERRORS. WITHOUT PRIOR NOTICE, ABLE AI MAY MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION (INCLUDING ANY CONTENT) OR YOUR USE OF THEM. WHENEVER ABLE AI ELECTS TO MODIFY, SUSPEND, OR DISCONTINUE THE APPLICATION, IT WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY.
YOU ACKNOWLEDGE THAT YOUR SUBMISSION OF ANY INFORMATION TO US IS AT YOUR OWN RISK. ABLE AI DOES NOT ASSUME ANY LIABILITY TO YOU WITH REGARD TO ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
SOME OF THE CONTENT, PRODUCTS, AND APPLICATION AVAILABLE THROUGH THE APPLICATION MAY INCLUDE MATERIALS THAT BELONG TO THIRD PARTIES. YOU ACKNOWLEDGE THAT ABLE AI ASSUMES NO RESPONSIBILITY FOR SUCH CONTENT, PRODUCTS OR APPLICATION.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ABLE AI OR THROUGH THE APPLICATION WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Able AI is not responsible for any incorrect or inaccurate content exchanged through the Application. Able AI is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or at any application or combination thereof, including any injury or damage to Users or to any person’s computer related to or resulting from participation or downloading materials in connection with the Application. Under no circumstances shall Able AI be responsible for any loss or damage, including personal injury or death, resulting from use of the Application or from any content therein, whether online or offline.
17. Entire Agreement.
You may not assign or transfer the Terms of Service, by operation of law or otherwise, without Able AI’s prior written consent. Any attempt by you to assign or transfer the Terms of Service, without such consent, will be null and of no effect. Able AI may freely assign the Terms of Service. Subject to the foregoing, the Terms of Service will bind and inure to the benefit of the parties, their successors and permitted assigns.
20 Governing Law and Jurisdiction.
This Agreement will be governed by the laws of the United Kingdom, without regard to conflicts of laws provisions thereof. Except as expressly prohibited by applicable law, the exclusive jurisdiction for any claim, action or dispute with Able AI or relating in any way to your use of the Application will be in the courts of the United Kingdom and the venue for the adjudication or disposition of any such claim, action or dispute will be in the United Kingdom. But this should actually say, This Agreement will be governed by the laws of England and Wales and any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.
The failure of Able AI to enforce any right or provision of the Terms of Service will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Able AI. Except as expressly set forth in the Terms of Service, the exercise by either party of any of its remedies under the Terms of Service will be without prejudice to its other remedies under the Terms of Service or otherwise. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of the Terms of Service will remain in full force and effect.
22. Contacting Able AI.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE BOUND BY ITS TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THIS AGREEMENT REPRESENTS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.