Digital Transformation (DX) with AI

Terms & Conditions

Thank you for choosing our SmartRobot and SmartWork service (the “Services”) provided by SmartRobot+ platform (the “Platform”) (“we,” or “us”). Please carefully read and review the Terms of Use (the “Terms”) before using our Platform. The terms applies to both SmartRobot and SmartWork Services. By registering on, and accessing the Platform, you (“user,” “you,” or “your”) acknowledge that you have read and agreed to the Terms. All content on this page constitutes part of your agreement with us. If you do not agree with any part of the Terms, please stop using the Platform’s services.

Services

SmartRobot

  1. All accessing rights to the comprehensive software services provided by our AI chatbot to the users, including any updates, enhancements, new functions, newly-added editing functions, are subject to the Terms.
  2. With the help of natural language understanding (NLU), SmartRobot can broadcast messages and auto-reply to messages to facilitate conversations between you and your customers, making it easier for you to market products, promote policies, solving customers’ questions, reduce the workload of customer service staff or identify needs.
  3. For the chatbot to go-live and become available for interactions with your customers, you must link your messaging platform account (including but not limited to Facebook Page and LINE official account; “Messaging Platform Account”) to the chatbot.
  4. By default, the user who built the chatbot is the Project Owner. Project Owner can give other users access as collaborators of the chatbot. Project Owner can also transfer the ownership and its corresponding privileges and obligations to another user. Project Owner will be charged according to the chatbot plan.
  5. SmartRobot provides services of chatbot building whereas SmartRobot gives you accessibility including but not limited to NLU engine feature, more flexible CRM feature, lower cost per customer and more. To learn more about pricing, please contact us: sales@intumit.com
  6. More than one channel can connect to SmartRobot.

SmartWork

  1. All accessing rights to the comprehensive software services provided by our AI chatbot to the company staff, including any updates, enhancements, new functions, newly-added editing functions, are subject to the Terms.
  2. With the help of natural language understanding (NLU), SmartWork can broadcast messages and auto-reply to messages to facilitate conversations between you and your company staff. Making it easier for you to solve staff’s’ questions by connected with HR system, IT Helpdesk, and other internal systems.
  3. For the chatbot to go-live and become available for interactions with your staff, you must link your messaging platform account (including but not limited to any internal platform account or LINE platform) to the chatbot.
  4. By default, the user who built the chatbot is the Project Owner. Project Owner can give other users access as collaborators of the chatbot. Project Owner can also transfer the ownership and its corresponding privileges and obligations to another user. Project Owner will be charged according to the chatbot plan.
  5. SmartWork provides services of chatbot building whereas SmartWork gives you accessibility including but not limited to NLU engine feature, more flexible CRM feature. To learn more about pricing and program, please contact us: sales@intumit.com
  6. More than one channel can connect to SmartWork.

Your responsibilities to your user account

  1. Accounting sharing is prohibited. You shall use the services solely as contemplated in the Terms. You may only use our services by logging into the Platform. Legal actions will be taken against all attempts to gain unauthorized access to our website systems.
  2. You shall keep your username, password, and other account details confidential, and you are responsible for all activities and any other actions taken in connection with your account, including, but not limited to, any expenses incurred.
  3. You agree to notify us immediately of any unauthorized access or unusual activities in your account, and take appropriate legal actions to protect personal or company interests. We may ask you to provide personal information or company information as necessary, and we may arbitrate the ownership of the disputed account.
  4. You shall be held liable for losses or damages incurred to us or any third parties due to someone else using your account or password as a result of your failing to keep your account secure, or willingly sharing account information.

Compliance with laws and applicable regulations

You are solely responsible for all content uploaded or published to the Platform and the subsequent communications, including, without limitation, text, image, audio, and visual files. When using the Platform, you agree to follow online etiquette and applicable regulations, and will not:

  1. Distribute or publish any content or files of any formats that are in violation of trademark, copyright, patent, other intellectual property rights, or other proprietary rights;
  2. Distribute or publish any content that is defamatory towards others, violence encouraging, discriminatory against or hostile towards specific or unspecific ethnicity, harassing, bullying, sexually explicit or features nudity, in violation of laws, public order and good morals, or other content that we deem inappropriate;
  3. Sell products that are illegal to sell over the internet, including, without limitation, tobacco products that are addictive and may cause physical damages to the body, alcoholic beverages, guns, controlled drugs and their delivery devices;
  4. Distribute or publish links to an illegal content, including, without limitation, pirated software, illegal file sharing, fraud, gambling, information encouraging crime, other prohibited content, prank, virus, or privacy breach program;
  5. Collect, process, and use personal information (including, but not limited to, real name, contact information, and internet habits) without obtaining consent from your users, or for purposes other than previously agreed;
  6. Guide others to subscribe to commercials or junk emails.
  7. We do not pre-screen or monitor the content uploaded or published by user. The user shall bear all legal responsibilities. We shall cooperate with competent authorities as required for the investigations. In the event of the above circumstances, we may not refund all or part of the fees paid.

Authorization of submitted content

As a chatbot building and management, and AI customer analytics services, we require a worldwide, full license from users, so we and the Messaging Platform Account that links with your chatbot may use, alter, reproduce, publicly transmit, adapt, and distribute the content you uploaded or published to your chatbot. This license is perpetual and shall survive the termination of the chatbot.
AI chatbot’s ability to efficiently reply to messages is crucial for a more stabilized system and comprehensive functions. You hereby agree to grant us a license to use any uploaded or published content and the operational behavior on the Platform for the purposes of platform optimization.
If you do not consent to the above-mentioned authorizations, do not upload or save submitted content, by any means, to the Platform.

Intellectual property rights

The software, program and all contents of the Platform, including, but not limited to, logo, trademark, text, image, video, service framework, website layout, and webpage design are the intellectual properties owned by us in accordance with the law. Without authorization, the user cannot use, alter, reproduce, publicly transmit, adapt, distribute, publish, publicly release the contents, and cannot reverse engineer, de-compile, or disassemble any function, software, and program. If you want to quote or republish the aforementioned contents, you shall obtain prior written consent from us. In case of violation, you shall be liable for losses or damages (including, but not limited to, litigation cost and attorney fee) to us according to law.
If you are involved in the infringement as mentioned above, we have the right to immediately suspend all or part of the operation of your chatbot, and suspend or permanently terminate your account.
If you believe your intellectual property right has been infringed on the Platform, please send the details of infringement and your contact information, together with the statement of intellectual property ownership to sales@intumit.com

Payment

To the extent any portion of the Services is made available to you for a fee, you authorize Intumit to bill your payment instrument on a periodic basis in accordance with such terms. All amounts paid are non-refundable and we reserve the right to change our prices in the future. Your continued use of the Services after the price change goes into effect constitutes your agreement to pay the changed amount. Intumit may choose to bill through an invoice, in which case, full payment for invoices issued must be received by the specified date or the Services may be terminated. Unpaid invoices are subject to a finance charge of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is lower, plus all expenses of collection. If you dispute any charges, you must notify Intumit within thirty (30) days after the date Intumit invoices you or bills your payment instrument, as applicable. You shall be responsible for all taxes associated with Services other than all applicable Taiwan taxes based on Intumit’s net income.

Interruption and suspension of services

The Platform adopts reasonably practicable technology and method to maintain the proper functioning of our system and chatbot. Nevertheless, we reserve the right to interrupt or suspend the Platform’s services under the following circumstances:

  1. The network equipment for the Platform is undergoing necessary maintenance and construction.
  2. Unexpected breakdown of network equipment.
  3. The network services the Platform uses is interrupted, suspended, or unavailable.
  4. Force majeure events and acts beyond our reasonable control (including, without limitation, natural disasters, terrorist activities, riots, acts of government, connectivity issues between user’s website and the Platform).
  5. User’s bill is overdue.

Disclaimer

The responsibility sphere that the Authorizer will take for the product is limited to the replacement of software media or sales return of payment fund. The Authorizer or his supplier, under any circumstance, is not liable to the Authorized Person for any damage, claim or expense charges, not liable for any inevitable, indirect and additional damage, and not liable for loss of profit or balance. It is also the case that even the Authorizer has acknowledged beforehand such loss, damage, claim, expenses or the claim from any other third party. The Authorizer represents the supplier only on no guaranty and limitation issues regarding guaranty and responsibility are mentioned in the license agreement. The Authorizer does not represent the supplier on any other issues or purposes. NEITHER INTUMIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT INTUMIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL INTUMIT’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE AMOUNTS YOU HAVE PAID TO INTUMIT FOR USE OF THE SERVICES OR CONTENT. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN INTUMIT AND YOU.

Termination

You may unlink the chatbot and your Messaging Platform Account.
If you no longer want to use the Platform and chatbot (including, but not limited to, switching to other chatbot building platform), please send the termination application to sales@intumit.com

To maintain the proper functioning of the Platform, and protect the rights and interests of our users, we reserve the right to, without prior notice, permanently terminate your account and remove all content uploaded or published to the Platform, and you shall be liable for losses or damages incurred to us and the Platform. Circumstances that may result in such termination include:

  1. User fails to comply with the Terms.
  2. A third-party claims rights to any content uploaded or published to the chatbot by the user, or files a complaint.
  3. User commits other material acts that may affect the proper functioning of the Platform.

Sharing and transfer of account ownership

Access management is supported by the Platform. The Project Owner for each chatbot can grant admin access to multiple users.
Project Owner can exercise the “Ownership Transfer” function of the Platform at any time, and, if mutually agreed, the chatbot ownership and payment obligations will be transferred to the other user.

Governing law and courts

This Terms shall be governed by, construed and enforced in accordance with the laws of the Republic of China (R.O.C.), and the Taiwan Taipei District Court shall be the court of jurisdiction for the first instance.

Agreement to Arbitrate

You and Intumit agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Services or Content (collectively, “Disputes”) will be settled under the Rules of Arbitration of the International Chamber of Commerce by a single arbitrator appointed in accordance with the said Rules, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. The arbitrator’s decision shall follow the plain and natural meaning of the relevant documents and shall be final and binding. Judgment upon the award may be entered in any court of jurisdiction. The arbitrator will have no power to award damages inconsistent with this Agreement. All aspects of the arbitration will be confidential.

Changes to and termination of the Terms

We reserve the right, at our sole discretion, to make changes or modifications to the Terms at any time. The updated Terms will become effective immediately upon publishing on our website. We will not notify you personally. We recommend that you check this Terms periodically for updates. The latest version can always be accessed by clicking the “Terms of Use” on the Intumit Inc. website.

Your continued use of the Platform’s software and services after any updates to this Terms of Use constitutes your acceptance of the then-current Terms.

Questions about the Terms of Use may be sent to sales@intumit.com

Last updated: December 19, 2019