Terms of Use

Please read the terms of use (the "Terms") carefully before using the services (the "Service") offered by Gosky AI Inc. ("we", "us", "our"). By visiting the website or using Service in any manner, you agree that you have read and agree to be bound by the Terms and supplemental terms notified to you from time to time. If you do not unconditionally agree to all the terms and conditions of the Terms, you have no right to use this website or Service.

Any personal data you submit to us or which we collect about you is governed by our Privacy Policy, available at https://www.goskyai.com/privacy. You agree that by using the Services, you have reviewed and agree the Privacy Policy. The Privacy Policy is incorporated by reference into the Terms.

1. Description of the Services

We provide a platform that enables businesses and individuals to create automated chat flows that they can deploy across a wide range of messaging services, social media and other third-party platforms.

If you purchase or use our Services, you're doing so through Gosky AI chatbot platform, and such purchase and use is subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.

2. Access to the Services

The Services, together with the https://www.goskyai.com/ website and domain name and any other linked pages, features, content, or application services offered from time to time by us (collectively, the "Website"), are owned and operated by us. Subject to the Terms, we hereby grant you a non-exclusive license, with no right to sublicense, to copy and install certain code on a website you own, control, or operate, for the sole purpose of using the Services. We may change, suspend, or discontinue the Services at any time. We may also impose limits on certain features and services or restrict your access to parts or all the Services without notice or liability. We reserve the right, in sole discretion, to modify the Term at any time by posting a notice on the Website, or by sending you a notice via email or postal mail. Your use of the Services following such notification constitutes your acceptance of the Terms as modified. You represent and warrant to us that: (i) all registration information you submit is accurate and truthful; and (ii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.

3. Our IP Content

The Website, the Services, and their contents may only be used in accordance with the Terms. All materials displayed or performed on the Website or in the Services, including, but not limited to text, graphics, articles, photographs, images, illustrations (the "Gosky IP") are protected by copyright. You shall abide by all copyright notices, trademark rules, information, and restrictions contained in any Gosky IP accessed through the Services, and shall not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Gosky IP or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners, and (ii) in any way that violates any third party right. You shall not store any significant portion of any Gosky IP in any form. Copying or storing of any Gosky IP other than personal and noncommercial use is prohibited without prior written permission from us or from the copyright holder identified in such Gosky IP's copyright notice. If you link to the Website, we may revoke your right to so link at any time, at our sole discretion.

4. Your Information Content

While using the Services, you may provide information which may be used by us in connection with the Services. You understand that by providing materials or information (including without limitation information relating to your end user customers) to us in connection with the Services (collectively, "Your Information Content"), we hereby are and shall be granted a nonexclusive, worldwide, royalty free, perpetual, irrevocable, sub licensable and transferable right to use, process, store, copy, reproduce, reformat, translate, modify and create derivative works of Your Information Content (including all related intellectual property rights) in connection with our provision of the Services. You agree that we may use Your Information Content internally for improving the Services, and on an anonymized basis for the purposes of marketing and improving the Services. We will only share your personal information in accordance with our privacy policy, and we will never contact your end user customers directly except as expressly authorized by you in connection with our provision of the Services.

5. Your Warranty

If you provide any personal information, including personal information relating to your end user customers, to us, you represent and warrant that (i) you have complied with all applicable laws relating to personal information, (ii) you have posted a privacy policy on each website on which you use the Services, which clearly and conspicuously states that (a) you use third party service providers to provide certain services to you in connection with such website, and (b) you may disclose personal information to such third party service providers for the sole purpose of the provision of services to you, and (iii) you have made all required notifications and obtained all required consents and authorizations from your website visitors and end user customers relating to the disclosure of personal information to a third party service provider like us. You also warrant, represent and agree that you will not provide any content or otherwise use the Services in a manner that (i) infringes or violates the intellectual property rights or proprietary rights or other rights of any third party, (ii) violates any law, statute, ordinance or regulation, (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, (iv) impersonates any person or entity, or (v) contains a virus, trojan horse, worm, or other harmful computer code, file, or program. We reserve the right to remove any content from the Services at any time, for any reason (including, but not limited to, if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all.

6. Restrictions

You agree that you may only access and use the Website and Services for the purposes intended by the Website and Services. You are responsible for all activities related to the Services. Any fraudulent, abusive, or other illegal activities may be grounds for terminating your right to access or use the Services. You shall not engage in the following actions:

1. Posting or transmitting, or causing to be posted or transmitted, any communication intended to obtain passwords, accounts, or private information from any other user of the Services;
2. Using the Services to violate the security of any computer network, crack passwords or security encryption codes, transmit or store illegal material (including material that may be considered threatening or obscene), or engage in any form of illegal activity;
3. Running Maillist, Listserv, or any form of auto-responder on the Services, or otherwise interfering with the normal operation of the Services;
4. Using manual or automated software, devices, or other processes to crawl or scrape any page of the Website; and
5. Decompiling, reverse engineering, disassembling, decoding, or otherwise attempting to obtain the source code of the Website and Services.

You will be responsible for withholding, filing, and reporting all taxes associated with your activity in connection with the Services. You acknowledge that all Gosky IP and Your Information Content (together, "Content") accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will we be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, reports generated by the Services, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services. You remain solely responsible for all Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Services. You agree that your indemnification obligation under Section 9 also applies to any third party claims related to your disclosure of any third party personal information or the tracking of visitors (including, but not limited to, your end user customers) on your website.

7. Warranty Disclaimer

You acknowledge that we have no control over, and no duty to take any action regarding the following matters:

1. Which users gain access to the Services;
2. What Content you access via the Services;
3. What effects the Content may have on you;
4. How you may interpret or use the Content; or
5. What actions you may take because of having been exposed to the Content.

You agree to release us from all liability for you having acquired or not acquired Content through the Services or the Website. We make no representations concerning any content contained in or accessed through the Services or the Website, and we will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Services or the Website. We make no representations or warranties regarding suggestions or recommendations of services or products offered or purchased through the Services or the Website.

THE CONTENT OF THE SERVICES, THE WEBSITE, AND ANY SOFTWARE ARE PROVIDED ON AN "AS-IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, FREE OF VIRUSES OR MALWARE, TIMELY, ACCURATE, OR COMPLETE, OR THAT IT WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS. YOU AGREE THAT TEMPORARY INTERRUPTIONS OF THE WEBSITE MAY OCCUR, AND WE CANNOT CONTROL ANY THIRD-PARTY NETWORKS ASSOCIATED WITH OUR SERVICES OR ANY DELAYS OR DISRUPTIONS IN NETWORK TRANSMISSION. WE ARE NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERRORS OR OMISSIONS. WE DISCLAIM ALL EXPRESS OR IMPLIED WARRANTIES OF, INCLUDING BUT NOT LIMITED TO, QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

8. Registration and Security

As a condition to using some parts of the Services, you may be required to register and set a password and username ("User ID"). You shall provide we with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not (i) use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. We reserve the right to refuse registration of or cancel a User ID in its discretion.

Please be aware not to share your User ID with others, or allow others to access or use them. You should also ensure that you do not knowingly or inadvertently provide or enable others to use your User ID, and you must keep your User ID confidential and secure. Avoid using easily identifiable information, such as your birthdate, phone number, or recognizable parts of your name, for your User ID. If you believe that your User ID has been compromised, lost, or stolen, you are responsible for notifying us immediately. We are not liable for any responsibility, damage, loss, or expense arising from the use of your User ID in any way.

9. Indemnity

You will indemnify and hold we, our parents, subsidiaries, affiliates, officers, and employees harmless (including, without limitation, from all damages, liabilities, settlements, costs and attorneys' fees) from any claim or demand made by any third party due to or arising out of your access to the Services, use of the Services, your violation of the Terms or applicable laws, rules or regulations in connection with your use of the Services, or the infringement by you or any third party using your account of any intellectual property or other right of any person or entity.

10. Limitation of Liability

In no event shall we or our suppliers, or our or our suppliers' respective officers, directors, employees, or agents be liable with respect to the Website or the Services or the Terms under any contract, negligence, tort, strict liability or other legal (i) for any amount in the aggregate in excess of the greater of the fees paid by you for the services during the 3 month period preceding the applicable claim; (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever; (iii) for data loss or cost of procurement of substitute goods or services; or (iv) for any matter beyond our reasonable control.

11. Fees and Payment

We reserve the right to require payment of fees for certain or all Services. You shall pay all applicable fees, as described on the Website in connection with such Services selected by you. We also reserve the right to change its price list and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website. Your use of the Services following such notification constitutes your acceptance of any new or increased charges. Any fees paid hereunder are non-refundable.

12. Third Party Websites

The Services may contain links to third party websites or services ("Third Party Websites") that are not owned or controlled by us. When you access Third Party Websites, you do so at your own risk. We do not review or monitor any Third Party Websites, and we are not responsible for the content, privacy policies, or practices of Third Party Websites.

13. Termination

The Terms shall remain in full force and effect while you use the Services. You may terminate your use of the Services at any time. We may terminate or suspend your access to the Services or your membership at any time, for any reason, and without warning, which may result in the forfeiture and destruction of all information associated with your membership. We may also terminate or suspend any and all Services and access to the Website immediately, without prior notice or liability, if you breach any part of the Terms. Upon termination of your account, your right to use the Services, access the Website, and any Content will immediately cease. All parts of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

14. Miscellaneous

The failure to exercise any right in the Terms shall not be deemed a waiver of any rights. If any part of the Terms is found to be unenforceable or invalid, that part shall be limited or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable. The obligation and rights under the Terms are not assignable, transferable, or sublicensable by you except with our prior written consent. We may transfer, assign, or delegate our rights and obligations under the Terms without any consent. No agency, partnership, joint venture, or employment is created as a result of the Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.

15. Contact with Us

If you have any questions, complaints, or claims with respect to the Services, you may contact us at support@goskyai.com