Terms of Service
1. Introduction
Welcome to Nelson.bot! These Terms of Service (“Terms”, “Terms of Service”, “Terms and Conditions”) govern your use of our website and chatbot services (collectively, the “Services”) operated by Litening Software, LLC (“us”, “we”, or “our”). By accessing or using the Services, you agree to be bound by these Terms, our Privacy Policy [link to Privacy Policy], and any additional terms and conditions that may apply. If you do not agree with these Terms, you may not use the Services.
2. Definitions
a. “User” or “you” refers to any individual or entity that accesses or uses the Services.
b. “Content” refers to any text, data, information, or other materials that you provide to Nelson.bot for the purpose of training or using the chatbot.
c. “Intellectual Property Rights” refers to all intellectual property rights, including copyrights, trademarks, patents, and trade secrets.
3. Services Provided
Nelson.bot provides chatbot services for websites and phone answering. The chatbot is trained using the customer’s information and is available 24/7/365. Users are provided with a list of questions and answers, and leads are captured and passed along to customers.
4. User Rights and Responsibilities
1. Account Creation and Security
a. Users are responsible for maintaining the confidentiality of their account information, including their login credentials. Users agree to notify Nelson.bot immediately of any unauthorized access to or use of their account.
b. Users must provide accurate and up-to-date information during the account creation process and are responsible for updating their account information as necessary.
2. Acceptable Use of the Product
a. Users agree to use Nelson.bot’s services only for lawful purposes and in compliance with all applicable laws and regulations. Any use of the chatbot for illegal, fraudulent, or malicious activities is strictly prohibited.
b. Users are responsible for ensuring that the content they provide for training the chatbot is accurate, appropriate, and does not infringe upon the rights of any third party. This includes, but is not limited to, intellectual property rights, privacy rights, and confidentiality obligations.
c. Nelson.bot reserves the right to suspend or terminate any user account that violates these acceptable use guidelines, without prior notice and at its sole discretion.
3. User-Generated Content
a. By providing content for training the chatbot, users grant Nelson.bot a worldwide, non-exclusive, royalty-free, and transferable license to use, reproduce, modify, and display the content for the purpose of providing and improving the chatbot services.
b. Users retain ownership of their user-generated content but acknowledge that Nelson.bot may use and share the content with its partners and affiliates to the extent necessary for delivering the chatbot services.
4. Intellectual Property Rights
a. All intellectual property rights related to Nelson.bot’s services, including the chatbot software, algorithms, and associated documentation, remain the exclusive property of Nelson.bot or its licensors.
b. Users are granted a limited, non-exclusive, non-transferable, and revocable license to use Nelson.bot’s services in accordance with these Terms of Service. Users may not modify, distribute, sell, or create derivative works based on Nelson.bot’s intellectual property without prior written consent.
5. Prohibited Activities
a. Users are prohibited from attempting to access, modify, or interfere with the underlying software, servers, or infrastructure of Nelson.bot’s services. This includes, but is not limited to, hacking, reverse engineering, or circumventing any security measures.
b. Users may not use Nelson.bot’s services to send unsolicited or unauthorized advertising, promotional materials, or spam. Users are also prohibited from using the chatbot to harass, defame, or intimidate others.
c. Users agree not to impersonate any person or entity or falsely state or otherwise misrepresent their affiliation with any person or entity when using Nelson.bot’s services.
By using Nelson.bot’s services, users acknowledge and agree to abide by these user rights and responsibilities. Failure to comply with these guidelines may result in the suspension or termination of the user’s account and access to the chatbot services.
6. Pricing and Payment Terms
Nelson.bot offers its Services on a monthly or annual subscription basis. Payment terms, accepted payment methods, and billing cycles are described on our pricing page. All applicable taxes are the responsibility of the user.
7. Termination and Cancellation
Either party may terminate the agreement at any time with written notice. Upon termination, users will lose access to the Services, and any outstanding fees will become immediately due. Nelson.bot reserves the right to terminate or suspend access to the Services without notice if a user violates these Terms.
8. Privacy and Data Handling
At Nelson.bot, we take your privacy seriously. This section outlines how we collect, use, and protect your personal information when you use our services.
A. Types of Data Collected
a. Personal Information: When you create an account or use our services, we may collect personal information such as your name, email address, phone number, and company name.
b. Chatbot Interactions: We collect and store the questions, answers, and other content you provide for training the chatbot, as well as the conversations between users and the chatbot.
c. Usage Data: We may collect information about how you access and use our services, including your IP address, device information, browser type, referring/exit pages, and operating system.
B. Data Usage and Processing
a. We use the collected data to provide, maintain, and improve our chatbot services, as well as to communicate with you about your account and our services.
b. We may process your data to analyze usage trends, monitor and prevent security issues, and develop new features and functionality.
c. Your personal information may be used to send you promotional emails or newsletters about our services, but you can opt-out of these communications at any time.
C. Data Sharing and Third-Party Access
a. We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as described in this section.
b. We may share your data with trusted third-party service providers who assist us in operating our services, conducting our business, or servicing you, as long as those parties agree to keep this information confidential.
c. We may also release your information when we believe release is appropriate to comply with the law, enforce our policies, or protect our or others’ rights, property, or safety.
D. User Data Rights
a. You have the right to access, update, or delete your personal information at any time by logging into your account or contacting us at [contact email].
b. You may also have the right to data portability, which allows you to obtain a copy of your personal information in a structured, machine-readable format.
c. If you have any concerns about how we handle your personal information, you have the right to lodge a complaint with your local data protection authority.
5. Data Retention Policies
a. We will retain your personal information only for as long as necessary to provide you with our services and as described in our Privacy Policy.
b. When you delete your account, we will delete your personal information and chatbot data within [time period], unless we are required to keep it for legal or regulatory reasons.
c. In some cases, we may anonymize your personal information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.
By using our services, you signify your acceptance of this Privacy and Data Handling section and our Privacy Policy. If you do not agree to this section or our Privacy Policy, please do not use our services. Your continued use of our services following the posting of changes to this section will be deemed your acceptance of those changes.
9. Limitation of Liability
In no event shall Nelson.bot, its directors, officers, employees, affiliates, agents, contractors, or licensors 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 services; (ii) any conduct or content of any third party on the services; (iii) any content obtained from the services; 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 herein is found to have failed of its essential purpose.
In no case shall Nelson.bot’s aggregate liability for all claims related to the services exceed the greater of $100 or the amounts paid by you to Nelson.bot for the past three months of the services in question. The existence of more than one claim will not enlarge this limit.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. In such cases, Nelson.bot’s liability will be limited to the fullest extent permitted by applicable law.
10. Warranty Disclaimer
The services are provided “as is” and “as available.” Nelson.bot hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.
Nelson.bot makes no warranty that (i) the services will meet your requirements, (ii) the services will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the services will be accurate or reliable, or (iv) the quality of any products, services, information, or other material obtained by you through the services will meet your expectations.
Any content downloaded or otherwise obtained through the use of the services is done at your own discretion and risk, and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from the download or use of any such content.
No advice or information, whether oral or written, obtained by you from Nelson.bot or through or from the services shall create any warranty not expressly stated in these terms.
Nelson.bot does not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the services or any hyperlinked website or service, and Nelson.bot will not be a party to or in any way monitor any transaction between you and third-party providers of products or services.
11. Indemnification
You agree to indemnify, defend, and hold harmless Nelson.bot and its affiliates, officers, agents, partners, and employees from any claim, demand, loss, or damages, including reasonable attorneys’ fees, arising out of your use of the Services, your violation of these Terms, or your violation of any rights of another.
12. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of Hawaii, without regard to its conflict of law provisions. Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in accordance with the rules of the American Arbitration Association.
13. Modifications to the Terms of Service
Nelson.bot reserves the right to modify these Terms at any time. We will notify users of material changes via email or by posting a notice on our website. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
14. Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
15. Entire Agreement
These Terms, together with the Privacy Policy and any other legal notices or additional terms published by Nelson.bot, shall constitute the entire agreement between you and Nelson.bot concerning the Services.
By using Nelson.bot’s Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, please refrain from using our Services.
If you have any questions about these Terms, please contact us at info@nelson.bot.
Last updated: October 5, 2024
