“Clustaar Bot Platform” Terms of Service
Last Modified: Feb 26th, 2018
“Clustaar” (“Clustaar”, “we”, “our”, or “us”) provides an online software platform that enables developers to build and deploy natural language interfaces (“chatbots”) for devices and software applications (the “Clustaar Bot Platform”).
These API Terms of Service (these “Terms”) include the legal terms that we require all developers and users to accept and implement as a condition of accessing or using the Clustaar Bot platform”, including any documentation, materials, code, data (such as Expressions, Intents, and Entities, each as defined below), and other information or materials made available to you by Clustaar.
The Clustaar Platform includes a project repository designed to allow you to access, input, and store data in connection with your language interface development project. Data contained in each project may include “Expressions,” “Intents,” and “Entities.” An “Expression” is an actual utterance or phrase spoken by an individual; an “Intent” is the command or desired action that the speaker of the Expression would like the Device or Application to perform; and an “Entity” is a value or subset of data associated with the Intent. For more information on Expressions, Intents, and Entities, please see the online documentation .
Clustaar reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.
BY USING OR CONTINUING TO USE THE CLUSTAAR PLATFORM YOU AGREE TO USE THE CLUSTAAR PLATFORM AND CLUSTAAR CONTENT SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE CLUSTAAR PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM “YOU” WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE API TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE CLUSTAAR PLATFORM.
Accounts and Registration
i. You need to use a current Clustaar account or create a new Clustaar account in order to use the Platform and APIs.
ii. You may use the Clustaar Platform only if you can form a binding contract with Clustaar, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
iii. Any use or access to the Website, APIs ,or Clustaar Platform by anyone under 13 is strictly prohibited and in violation of these Terms.
iv. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
v. You are solely responsible for the activity that occurs on your account (including, without limitation, any Customer Data and Profile Content (each as defined below) provided under or through your account.)
vi. You may create a Clustaar account via any registration methods we may provide from time to time, in our sole discretion. By connecting to the Clustaar Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It’s your responsibility to keep your password, account credentials, and accounts secure. You must notify Clustaar immediately if any unauthorized use, or suspected unauthorized use, of your Clustaar account occurs or if any other breach of security occurs.
vii. You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.
viii. You acknowledge that Clustaar is not liable for any loss or damage arising from your failure to comply with the above requirements.
i. You may be required to provide certain information (e.g., your contact details, description of your product or service, your targeted number of users, etc.) as part of the registration process to access the Clustaar platform, or as part of your continued use of the Clustaar platform.
ii. You agree that any registration information you give to Clustaar will always be accurate and up to date, and you agree to promptly notify Clustaar of any changes in your account information.
Use of Clustaar Platform
Right to Access and Use of Clustaar Platform.
Subject to the terms and conditions of these Terms, Clustaar grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Clustaar Platform, solely to the extent necessary for you to create a natural language interface that operates solely in connection with your Devices and/or Applications.
You will access (or attempt to access) an API and/or Clustaar Platform only as expressly permitted by these Terms and the means described in the documentation or instructions Clustaar provides
API Calls and messages Calls.
Clustaar may set limits on the number of API and message Calls calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, Clustaar may throttle your activity or cease offering you access to the APIs altogether in Clustaar’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.
We do not guarantee the accuracy of any Clustaar Content, including any output generated in connection with your use of the Clustaar APIs or Clustaar Platform. You acknowledge and agree that you use and rely on the Clustaar APIs and the Clustaar Platform at your own risk, and that Clustaar will not be liable for any errors or inaccuracies of any Clustaar APIs or the Clustaar Platform.
Clustaar may, but is under no obligation to, monitor the use of the Clustaar APIs and platform to ensure quality, improve Clustaar products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.
Compliance with Law.
You will use our APIs and the Clustaar Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Clustaar Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications (“End Users”) to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.
When using any Clustaar APIs and/or the Clustaar Platform, unless otherwise approved in writing by Clustaar, the following prohibitions apply:
- You will not use the APIs or Clustaar Platform on behalf of any third party, unless such third party has expressly authorized you to access and use the Clustaar Platform under its account.
- You will not copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website, APIs, other Clustaar Content, or the Clustaar Platform.
- You will not create an Application that functions substantially the same as the APIs or Clustaar Platform and offer it for use by third parties.
- You will not use the Clustaar APIs or Clustaar Platform in connection with any Device or Application that is targeted to children under the age of thirteen (13).
- You will not perform an action with the intent of introducing to the Website, or Clustaar Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
- You will not use the Clustaar Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
- You will not use the APIs, or the Clustaar Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Clustaar’s sole discretion) to Clustaar, its service providers, its suppliers, end users of the Clustaar Platform, End Users, or any individual or entity.
- You will not use the APIs, or the Clustaar Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
- You will not: (i) interfere with or disrupt the Website, Clustaar Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by Clustaar to make the Website, or Clustaar Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Clustaar or (iv) permit others to do any of the foregoing.
Clustaar reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include Clustaar accessing and using your Device or Application, for example to identify stability or security issues that could affect Clustaar or its customers. You consent to any such investigation. Clustaar may immediately suspend or terminate access to the Website, APIs, and the Clustaar Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.
Privacy and Security
Clustaar cares about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Content, the Clustaar Platform, or any authorized or unauthorized use of your Device or Application.
Ownership and License
Your Devices, Applications, and Customer Data.
Clustaar does not acquire ownership of your Devices, Applications, or Customer Data by your use of the APIs or Clustaar Platform. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Profile Content, and other information you make available in connection with your use of the Clustaar Platform and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Clustaar Platform on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the Clustaar Platform. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Profile Content), Applications, and/or Devices, and any use thereof in connection with the Clustaar Platform will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.
Customer Data Rights and License.
i. General. In connection with the operation of the Clustaar Platform, Clustaa
By using our Website, APIs, Clustaar Platform, you do not acquire ownership of any rights in our Website, APIs, the Clustaar Platform, or any data, content or information that is transmitted or accessed through our APIs, including without limitation, any Expressions, Intents, Entities, or other data provided by Clustaar or other Clustaar users. Except for your Customer Data, as between you and Clustaar the Clustaar Platform, and all data, content, and information that is contained in or transmitted or accessed through our APIs and/or the Clustaar Platform, including, without limitation, software, Expressions, Intents, Entities, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of Clustaar and its licensors.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any Clustaar Content or any Clustaar products or services, we may use such information without obligation to you.
Updates to APIs and Platform
We reserve the right to modify or update the Website, Clustaar Content and/or Clustaar Platform at any time, for any reason, and without notice to you. If Clustaar makes updates, revisions, breaking changes or in any way modifies an API or other Clustaar Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and Clustaar Platform We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any Clustaar Content or the Clustaar Platform.
Branding and Attribution
Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Marks”).
You agree to display any attribution(s) required by Clustaar as described in any documentation for the APIs or other Clustaar Content. Clusta
ar grants to you a limited, freely revocable, nontransferable, nonsublicenseable, nonexclusive license during the term of your subscription to display Clustaar’s Marks solely for the purpose of promoting or advertising that your use the APIs and/or Clustaar Platform. You must only use the Clustaar Marks in accordance with these Terms. You understand and agree that Clustaar has the sole discretion to determine whether your attribution(s) and use of Clustaar’s Marks is in accordance with the above requirements and any applicable guidelines.
You will not make any statement regarding your use of a Clustaar Service that suggests partnership with, sponsorship by or endorsement by Clustaar without Clustaar’s prior written approval.
Promotional and Marketing Use.
In the course of promoting, marketing, or demonstrating the Clustaar Services you are using, Clustaar may produce and distribute incidental depictions, including screenshots, video, or other content from your Application or Device, and may use your company or product name and logos. You hereby grant Clustaar all necessary rights for these purposes.
You may change your plan or stop using our Services at any time. If you want to terminate your account and these Terms, you must email us at email@example.com and inform us of your intention to cancel your account (“Termination Notice”). At that point, you can request to get a copy of your data (Expressions, Intents, and Entities). Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. Clustaar has the right to immediately terminate these Terms or discontinue your use of the Website, Clustaar Platform, the APIs and other Clustaar Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any Clustaar Service, you must immediately cease all use of the Clustaar Platform, any Clustaar Content (including the APIs), and Clustaar Marks and delete all copies thereof.
The Clustaar Services and Clustaar platform are provided on an “as is” and “as available” basis. Use of the Clustaar platform is at your own risk. To the maximum extent permitted by applicable law, the CLustaar platform is provided without warranties of any kind, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH Clustaar PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Clustaar, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE Clustaar CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE Clustaar CONTENT OR Clustaar PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE Clustaar CONTENT OR Clustaar PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Clustaar CONTENT OR Clustaar PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Clustaar CONTENT OR Clustaar PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE Clustaar CONTENT OR Clustaar PLATFORM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Clustaar, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE Clustaar PLATFORM. UNDER NO CIRCUMSTANCES WILL Clustaar BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Clustaar PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Clustaar ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CLUSTAAR PLATFORM (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE CLUSTAAR PLATFORM (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE CLUSTAAR PLATFORM (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE CLUSTAAR PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CLUSTAAR CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CLUSTAAR CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE CLUSTAAR PLATFORM AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL CLUSTAAR, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO CLUSTAAR HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF CLUSTAAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge that the Clustaar Platform may allow you to control Devices, Applications, and other third-party objects, which may affect the safety of End Users, other individuals, and property. You acknowledge that your use of the Clustaar Platform could lead to injury of individuals or damage or destruction of property. In using the Clustaar Platform, you must design and test your Devices and Applications to ensure that your Devices and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the Clustaar Platform. If you choose to use the Clustaar Platform in any way, you assume all risk that your use of the Clustaar Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any Clustaar Content or the Clustaar Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.
You agree to defend, indemnify and hold harmless Clustaar and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Clustaar Content (including the APIs) or Clustaar Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the Clustaar Content or Clustaar Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party’s access and use of the Clustaar Content or Clustaar Platform with your unique username, password or other appropriate security code.
Other Legal Terms and Conditions
These Terms do not impair Clustaar’s right to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.
Our communications to you may contain Clustaar confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Clustaar confidential information to any third party without Clustaar’s prior written consent.
Notifications and Modification.
Clustaar may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Clustaar in our sole discretion. Clustaar reserves the right to determine the form and means of providing notifications to our users. Clustaar is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Clustaar may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Clustaar Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the Clustaar Content or Clustaar Platform.
Disputes and Governing Law
These Terms are governed by French law and any dispute or disputes that may arise from the interpretation or execution of these will be the exclusive jurisdiction of the courts which the registered office of the company. The reference language for the potential litigation settlement, is French.
Please contact us at firstname.lastname@example.org with any questions regarding these Terms.