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Terms of Use

These Terms and Conditions (“Terms”, “Terms of Use”, “Terms and Conditions”, “Terms of Service”) govern your relationship with Acuvate Software and the IT Chatbot service for Microsoft Teams (the “Service”, “Application” or “Platform”),
operated by Acuvate Software (“us”, “we”, or “our”).

Please read these Terms and Conditions carefully before using the Service. 

1. Acceptance of Terms of Use

Your access to and use of the service is conditioned on your acceptance of and compliance with these terms. These terms apply to all visitors, users and others who access or use the service.

You must be of an age of majority in your state or province of residence. By accessing or using the service you agree to be bound by these terms. If you disagree with any part of the terms, then you may not access the service.

2. Changes to Terms of Use

Acuvate Software may, from time to time, change these Terms of Use, including the Privacy Policy. Such revisions shall be effective immediately; provided however, for existing customers, such revisions shall, unless otherwise stated, be effective 30 days after posting.

3. Privacy

Personally Identifying Information is subject to our Privacy Policy ( ), the terms of which are incorporated in https://acuvate.com/privacy-policy/  

4. Accounts

When you create an account with us, you must provide us information that is accurate, complete, and current. Failure to do so constitutes a breach of the terms, which may result in immediate termination of your account on our service.

You are responsible for safeguarding the password that you use to access the service and for any activities or actions under your password.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.   

5. Subscription, Free Trials, Billing and Cancellation

A. Purchase and Subscriptions

The service is billed as a one-time purchase (“Purchase”) or on a subscription basis (“Subscription (s)”). For a purchase, you will be billed once in advance. 

  1. Auto-Renewing Subscription:On a subscription basis, you will be billed in advance on a recurring and periodic basis (“Billing Cycle”). Billing cycles are set either on a monthly or annual basis, depending on the type of subscription plan you select when purchasing a subscription. 

At the end of each billing cycle, your subscription will automatically renew under the exact same commercial conditions unless you cancel it, or Acuvate Software cancels it. You may cancel your subscription renewal by contacting Acuvate Software customer support team. 

Acuvate Software will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

B. Free trial

Acuvate Software will offer a subscription with a free trial for a limited time period (“Free Trial”).  

At any time and without notice, Acuvate Software reserves the right to (i) modify the terms and conditions of the Free Trial offer, or (ii) cancel such Free Trial offer.

C. Fee changes

Acuvate Software, in its sole discretion and at any time, may modify the purchasing and subscription fees. Any subscription fee change will become effective at the end of the then-current billing cycle.

Acuvate Software will provide you with a reasonable prior notice of any change in subscription fees to give you an opportunity to terminate your subscription before such change becomes effective.

Your continued use of the service after the subscription fee change comes into effect constitutes your agreement to pay the modified subscription fee amount.

D. Refunds

Except when required by law, paid purchasing and subscription fees are non-refundable.

E. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the terms.

Upon termination, your right to use the service will immediately cease. If you wish to terminate your account, you will contact Acuvate Software and discontinue using the service. 

6. Disclaimers of Warranties and Limitations on Liability Limitation Of Liability

In no event shall  Acuvate Software , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use , goodwill, or other intangible losses, resulting from
(i) your access to or use of or inability to access or use the service;
(ii) any conduct or content of any third party on the service; 
(iii) any content obtained from the Service; and
(iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth in is found to have failed of its essential purpose. 

7. Indemnification

You agree to indemnify, defend and hold harmless Acuvate Software and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to:
i) your use or misuse of the Software;
ii) your failure to comply with any applicable law, regulation, or government directive;
iii) your breach of this Agreement; or
iv) your agreement or relationship with an Organization (if applicable) or any third party. Furthermore, you agree that Acuvate Software assumes no responsibility for the information or content you submit or make available through this Software or the content that is made available to you by third parties.

8. Disclaimer

Your use of the service is at your sole risk. The service is provided on an “AS IS” and “AS AVAILABLE” without warranty of any kind. Acuvate Software does not guarantee, represent, or warrant that your use of the service will be uninterrupted or error-free. Acuvate Software specifically disclaims liability for the use of the service.  

Acuvate Software, its subsidiaries, affiliates, licensors or any of their shareholders, directors, officers, employees or licensors be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever. in no event shall Acuvate Software be liable to you in excess of the one month of subscription fee paid by you to Acuvate Software.

9. Intellectual property

The service and its original content, features and functionality are and will remain the exclusive property of Acuvate Software. The Service is protected by copyright, trademark, and other laws of United Kingdom. Our trademarks may not be used in connection with any product or service without the prior written consent of Acuvate Software.

10. Modifications to Application

IT Helpdesk Bot reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any service to which it connects, with or without notice and without liability to you.

11. Updates to Application

IT Helpdesk Bot may from time to time provide enhancements or improvements to the features/ functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”).

Updates may modify or delete certain features and/or functionalities of the Application. You agree that Acuvate Software has no obligation to
(i) provide any Updates, or
(ii) continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be
(i) deemed to constitute an integral part of the Application, and
(ii) subject to the terms and conditions of this Agreement.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of England & Wales, without regard to its conflict of law provisions.  Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Slough, UK and you consent to exclusive jurisdiction and venue of such courts.

13. Third party applications

Our service may be integrated with third-party applications or services that are not owned or controlled by Acuvate Software. 

Acuvate Software has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party applications or services. You further acknowledge and agree that Acuvate Software shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such websites or services. 

We strongly advise you to read the terms and conditions and privacy policies of any third-party applications or services that you use.  

14. Use of Information Submitted.

Acuvate Software is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings, including to Acuvate Software website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgment or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Acuvate Software services. In addition, you agree not to enforce any “moral rights” in and to the feedback, to the extent permitted by applicable law. 

15. Customer support

To find more information about our service and its features, or if you need assistance with your account, or if you have any questions about these terms, please contact us at  BaaS@acuvate.com.

Marketing & Publicity:

Acuvate software and its subsidiaries reserve the right to publicize its association with you with out any further consent. Acuvate software will not reveal or make public any information other than you are using our platform.

16. Severability

If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect. 

Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights. These terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have between us regarding the service.

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