Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Manybots, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your Phown Account and Site. If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You must immediately notify Manybots of any unauthorized uses of your account or any other breaches of security. Manybots will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. By submitting Calls and Messages to your Phown account, you grant Manybots a unrestricted and non-exclusive license to generate and use anonymous statistics solely for the purpose of operating, managing and promoting the Website. If you delete Content, Manybots will use all efforts to remove it from the Website immediately but you acknowledge that backups may take longer to erase.
Without limiting any of those representations or warranties, Manybots has the right (though not the obligation) to, in Manybots’s sole discretion (i) refuse or remove any content that, in Manybots’s reasonable opinion, violates any Manybots policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Manybots’s sole discretion. Manybots will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
Paid services such as Unlimited Subscription or additional phones are available on the Website (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Manybots the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
- Automatic Renewal.
Unless you notify Manybots before the end of the applicable subscription period that you want to cancel an Upgrade, your Upgrade subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
- General Terms.
- Responsibility of Website Visitors. Manybots has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Manybots does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Manybots disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Phown links, and that link to Phown. Manybots does not have any control over those non-Phown websites and webpages, and is not responsible for their contents or their use. By linking to a non-Phown website or webpage, Manybots does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Manybots disclaims any responsibility for any harm resulting from your use of non-Phown websites and webpages.
- Copyright Infringement. As Manybots asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by Phown violates your copyright, you are encouraged to notify Manybots. Manybots will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In the case of a visitor who may infringe or repeatedly infringes the copyrights or other intellectual property rights of Manybots or others, Manybots may, in its discretion, terminate or deny access to and use of the Website. In the case of such termination, Manybots will have no obligation to provide a refund of any amounts previously paid to Manybots.
- Intellectual Property. This Agreement does not transfer from Manybots to you any Manybots or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Manybots. Manybots, Phown, the Phown design, logo, icons, and all other trademarks, service marks, graphics and logos used in connection with Phown, or the Website are trademarks or registered trademarks of Manybots or Manybots’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Manybots or third-party trademarks.
- Changes. Manybots reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Manybots may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Manybots may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your Phown account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have an Unlimited Subscription account, such account can only be terminated by Manybots if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Manybots’s notice to you thereof; provided that, Manybots can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided “as is”. Manybots and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Manybots nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Manybots, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement or substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Manybots under this agreement during the twelve (12) month period prior to the cause of action. Manybots shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Manybots, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Manybots and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Manybots, or by the posting by Manybots of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of Portugal, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the courts located in Lisboa, Portugal. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Manybots may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.