Terms & Conditions - CodelessBot

Terms & Conditions

Please read these Terms & Conditions carefully before purchasing, accessing or using CodelessBot website, plugins, training materials, videos, templates, or any other of its services (the “Service”).

CodelessBot.com is owned and opesurated by ThinkTuitive, LLC, a limited liability company organized and operating under the laws of the state of California (“ThinkTuitive”, “Company”, “we”, or “us”).

By visiting our site and/ or purchasing something from us, you engage in our Service and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These terms of service apply to all users of the service, including but not limited to users who are browsers, vendors, customers, merchants, and/ or contributors of content.  If you do not agree to any of the terms and conditions of this agreement, then you may not use the Service.
Any new features or tools which are added to the service shall also be subject to the terms. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of the service following the posting of any changes constitutes acceptance of those changes.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account.

You are responsible for safeguarding the Access Key that you generate to access the service and for any activities or actions under your Access Key.  You agree not to disclose your log in information or Access Keys to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. If you believe that your Access Key has been compromised, you can generate a new Access Key, however you will not be credited or refunded for any compromised interactions.

Subscriptions

Your purchase of a subscription entitles you to the use of the service as specified by technical documentation, including but not limited to the subscription agreement and directions for product use.  By purchasing a subscription, you are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Service. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in or through the Service. This is not a transfer of title, and under this license you may not:

  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or ‘mirror’ the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions at any time.

We retain all rights to the service and the documentation not specifically granted in this agreement. We own the service and the documentation and all copyright and other intellectual property rights therein, and this agreement does not transfer to you any title to or any proprietary or intellectual property rights in or to the software, any updates or derivative works thereto, or the documentation, or any copyrights, patent rights, or trademarks embodied or used in connection therewith, except for the rights expressly granted in this agreement. The service and the documentation are protected by United States laws and international treaty provisions.

Your subscription plan may include the ability to add Admins.

All Admins must either work for your business (eg. employee or contractor) or is helping you maintain your bot an ongoing basis (eg. marketing agency). We reserve the right to require proof at any time. Both Admins and Owners have the ability to login to CodelessBot Dashboard with their email, manage Access Keys, manage plugin settings, add and delete Admins. However, only the Owner of the account can upgrade/downgrade the subscription plan and make changes to the billing details.

You will not sell, resell, license, or sublicense the service.  Any selling, reselling, licensing, or sublicensing of the service (including Access Keys and Admin Access) is a breach of the terms and will result in termination of your account.  You will only use the service with a Chatbot owned by you or maintained by you on an ongoing basis for a client. We reserve the right to require proof of ownership or maintenance with permission of the actual owner at any time. You cannot include your Access Keys as part of a Bot Template that you sell.

We reserve the right to modify or discontinue the service.  We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the service.

Your subscription has a limit on the number of interactions and the rate of interactions allowed for each month depending on the subscription you select during purchase.  We reserve the right to enforce the quotas and usage limits of your subscription, which may result in the disabling or throttling your usage of the service, with or without notification.

When you download or purchase our Templates, you agree that you are clearly and expressly prohibited from doing the following:

  • You will not copy, share or steal our Templates, or any parts of them.
  • You will not in any way use, copy, adapt or represent any of our Templates in any way as if they are yours or created by you.
  • You will not engage in improper and/or unauthorized use of our Templates. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Templates or any other information accessed or purchased through our Templates, or any other communications provided by us for your own personal use, business/commercial use or in any way that earns you money.
  • You will not duplicate, share, trade, sell, or otherwise distribute our Templates to any other person, for their personal use, business/commercial use or in any way that earns them money, whether it was known to you or not at the time that you shared the information that their intention was to use the Templates for their own personal use or business/commercial use. This means you cannot share or sell or any part of our Templates to another to copy and/or use them for their own personal use, business/commercial use or in any way that earns them money. You are the only one granted a limited license to use our Templates and may only use in the intended manner as described through the Service.
  • You will not violate our intellectual property rights, including copyright and trademark rights. Downloading or otherwise using our Templates in no way gives you any copyright, trademark, intellectual property or ownership rights of our Templates.
  • You will not incorporate any part of our Templates into your own products, programs, services or materials for your own personal use or business/commercial use or in any way that earns you money.
  • You will not use our Templates in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us through our prior written consent.
  • You may not engage in improper and/or unauthorized use of our Templates. Unless otherwise explicitly authorized in these Terms & Conditions, improper and/or unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) for commercial use, to any other person in a way that earns them money, any Templates or any other information accessed or purchased through our Templates or Services or any other communications provided by us to you promoting or relating to the Templates or Services.
  • You understand and agree that engaging in the prohibited use or the improper and/or unauthorized use of our Templates as set forth in these Terms & Conditions is considered theft and stealing and we retain the right to prosecute theft to the full extent of the law.
  • You agree and understand that prohibited use, improper and/or unauthorized use may give rise to a civil claim for damages and/or be a criminal offense.

Pricing, Payments, and Refunds

For all purchased resources and services, we will charge your credit card on a recurring 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 unless you, or we, cancel it.  If your account expires at the end of your billing cycle due to auto-renew being off or due to a failed payment, your account will be placed in a suspended state.  If your account remains in suspension for more than 30 days all of its data will be permanently removed from the service.

At our sole discretion, payments for monthly plans are eligible for a one-time refund within fourteen (14) days of your initial purchase as long as your total usage does not exceed 1500 interactions. Charges older than fourteen (14) days are not eligible for a refund under any circumstances. Accounts with a total usage of more than 1500 interactions are not eligible for a refund. Members can run a report under the Settings Tab to track their total interaction usage. Annual plans are not eligible for refunds.

There will be no refunds or credits for partial months of service or for periods in which your subscription remains active but you do not use the services.  Any termination of an account due to breach of these Terms or our Privacy Policy will not be entitled to any refund or other credit.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.

You acknowledge and agree that any credit card and related billing and payment information you provide may be shared with third-parties, Memberful and Stripe, or such other third-party payment processor ThinkTuitive selects at its sole discretion, solely for the purposes of processing payments and enabling management of your purchases.

We may change the price and benefits of the service at any time.  Existing active subscriptions will be grandfathered into their current price and plan benefits. In the event we encounter a material change in the costs of production such that we will need to raise the rate at which your subscription is automatically renewed, we will give you at least thirty (30) days’ notice to allow time for you to cancel your automatic renewal, should you choose to.

Inactive subscriptions will not be eligible for grandfathered price and plan benefits. Users may upgrade or downgrade their subscription at any time, however please be aware that upgrades will be charged the prorated difference between the newly selected plan and the current plan immediately and that downgrades will be updated the next billing cycle. No credit or refund will be issued for downgraded subscriptions.

Special Discounted Trials for New Membership

Your membership may start with a discounted trial (eg. $5 trial). The trial period of your membership lasts for one month. This trial is intended to allow new members to try the service. Existing and past members of CodelessBot are not eligible.

Trial eligibility is determined by us and we may limit eligibility or duration to prevent abuse. We reserve the right to revoke the trial at our sole discretion and put your account on hold in the event that we determine that you are not eligible.

At the end of your trial period, your membership will automatically renew at the regular plan price and we will charge your credit card on a recurring monthly basis unless you turn off auto-renew three (3) days prior to the end of your trial. You can do this by logging into the Billing Portal. Click on the Subscriptions tab at the top and click on “Turn off auto-renew”.

 

Termination

We may refuse service to anyone for any reason at any time.  We may terminate or suspend your access to our service immediately and without prior notice for any reason.

You can cancel your subscription at any time by turning auto-renew off.  To cancel your account, you must turn off auto-renew three (3) days prior to the end of your billing cycle.  Failure to turn off auto-renew in a timely manner may result in a non-refundable charge for an additional billing cycle.

Data from non-active accounts will be permanently removed from the service after 30 days.

Acceptable Use and Restrictions

You will not use the service for any unlawful purpose.  You will use the service in a manner that is compliant with technical documentation, as well as the terms of service for Facebook, Chatfuel, ManyChat and any third-party for which a plugin integration is used.  You will not use the service in a manner that is not recommended or not intended, including but not limited to submitting excessive amounts of data not required for documented use of the service, attempting to circumvent security measures, probing the system, attempting to gain unauthorized access, sending any malicious content/code that may affect the functionality or operation of the service.

You agree to the gathering of basic metadata that will be used to provide you with reports and to improve and enhance the service.  The metrics gathered are not shared with any third-party or used for the purpose of targeted ads.

You are responsible for the security and integrity of all data gathered and displayed by your Chatbot. The design of the Chatbot, its collection of user data, the handling of responses from the service, and any storage of your data on any third-party platforms is your sole responsibility and outside the scope of our technical support.

We are responsible for the service and its response to data submitted in accordance with technical documentation. We may provide advice and suggestions on Chatbot design and interaction with the service, but you are solely responsible for the implementation and results.  A plugin integration with a third-party does not constitute endorsement or warranty of suitability for use. Use of the third-party platform is at your sole discretion.  At our sole discretion, technical issues determined to be outside the scope of our service must be addressed solely by you and the third-party.

You agree to cooperate with any investigation pertaining to the violation or suspected violation of the terms of service.

Content

You agree not to post to ThinkTuitive’s or CodelessBot.com’s social media, or transmit the following directly to ThinkTuitive or CodelessBot.com via email or any other means: information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content” means the transmission of information, data, text, software, music, sound, photographs, graphics, video, messages, tags or other materials generated by a user) that;

  • is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • exploits people in a sexual or violent manner;
  • contains nudity, violence, pornography, sexually explicit material or offensive subject matter;
  • provides in any unauthorized manner any telephone numbers, street addresses, last names or email addresses of anyone other than your own, or that of your child or ward as maybe allowed elsewhere in these terms of service;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  • violates any intellectual property or other proprietary right of any third party, including Content that promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  • involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information from other Members;
  • includes a photograph of another person that you have posted without that person’s consent or otherwise constitutes an
  • invasion of an individual’s privacy or infringement of publicity rights;
  • denigrates, ridicules, or demeans another person; or
  • contains a virus or other harmful component.
    You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the web site in a manner that sends more request messages to the ThinkTuitive servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.

Intellectual Property

The service, including but not limited to text, images, graphics or code, are the property of ThinkTuitive, LLC. and are protected by copyright, trademarks, database and other intellectual property rights. You may display and copy, download or print portions of the material from the different areas of the service only for your own use. Any other use, without written permission from ThinkTuitive, LLC is strictly prohibited and may violate copyright, trademark and other laws. These terms do not grant you a license to use any trademark of ThinkTuitive LLC. or its affiliates. You further agree not to use, change or delete any proprietary notices from materials downloaded from the service.

Digital Millenium Copyright Act Infringement Notices and Counter-Notices

A. Infringement Notices

If you believe there is content on the CodelessBot.com website that violates copyright law, let us know. Specifically, send us an email or letter that includes substantially the following:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
  • Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The notice should be sent to ThinkTuitive, LLC at [email protected]

The Company reserves the right to review the allegedly infringing material and independently determine whether it is infringing. We may display a copy of your DMCA notice in place of the removed content.

B. Counter-Notices

If you believe material you posted to the Company’s site was not infringing, you can submit a counter-notice.
A counter-notification must include the following:

  • Identification of the specific URLs of material that the Company has removed or to which it has disabled access.
  • Your full name, address, telephone number, and email address.
  • The statement: “I consent to the jurisdiction of the Federal District Court for the district in which my address is located, or if my address is outside of the United States, the judicial district in which the Company is located, and will accept service of process from the claimant.”
  • The statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
  • A scanned physical signature or a valid electronic signature is acceptable.

The notice should be sent to ThinkTuitive, LLC at [email protected]

Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. If you are concerned about protecting your anonymity, please consult with an attorney about other options.

Please also be advised that in appropriate circumstances we terminate repeat infringers.

Ideas and Feedback

You may choose, or we may invite you, to submit comments or ideas about the service, including but not limited to ideas about improving the service or our products.

By submitting any idea, you agree that your disclosure is unsolicited and without restriction and will not place us under any fiduciary or other obligation, and that we are free to use the idea without any additional compensation to you, and/or to disclose the idea on a non-confidential basis or otherwise to anyone.
Accuracy, Completeness & Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Third-Party Links & External Resources

Certain content, products and services available via our service may include materials from third-parties.

Third party links on this site may direct you to third-party websites that are not affiliated with us. However, please be aware that we may receive compensation for any purchase made through any third party sites or applications linked from our Service. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party’s policies and practices and make sure you understand them before you engage in any transaction.

Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

Please be aware that Codeless Bot may receive compensation for any purchase made through any Third Party sites or applications linked from our Service.

Processing of Personal Data

Your submission of personal information through the service is governed by our privacy policy. Click here view our privacy policy.

Disclaimer of Warranties & Limitation of Liability

The service is provided on an “as-is” and “as-available” basis without any express or implied warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee or warranty that our service will be uninterrupted, timely, secure and error-free.  Use of the service is at your sole risk and discretion.

Under no circumstances will any ThinkTuitive LLC Entity be responsible or liable to you for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages results from your use of inability to use our service, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to our service, even if such damages are foreseeable, and whether or not you or ThinkTuitive LLC have been advised of the possibility of such damages.  You agree that any liability to you for any and all claims will not exceed the most recent invoice amount you paid to us prior to your written claim.  Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the extent permitted by law.

Indemnification

Any information provided to ThinkTuitive by the User is truthful to the best of the User’s knowledge and in the event any such information changes, the User shall notify us of any such change within a reasonable amount of time. You agree to defend, indemnify and hold harmless ThinkTuitive and its 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account; b) a breach of these Terms, or c) Content posted on any ThinkTuitive or CodelessBot.com forum.

Choice of Law and Dispute Resolution

Should we ever have any differences, it is hoped that we could work them out amicably through e-mail correspondence.  However; if we are unable to find resolution within a reasonable time, you agree now that that the only method of legal dispute resolution is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules.  Prior to seeking arbitration, you must send an e-mail to us at [email protected] and include all of your reasons for dissatisfaction with the service. You understand and agree now that the only remedy that can be awarded to you through arbitration is a full refund of your most recent payment made to date.  No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you.  We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction.

By purchasing our Services you are agreeing to a modification of the statute of limitations such that any arbitration must begin within one (1) year of the date of your e-mail to us referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.

You also agree that should arbitration take place, it will be held in San Diego, California and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our company, or any of our Templates or Services.  Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If any terms are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.

Contact Information

Questions about the terms of service should be sent to us at [email protected]

 

Last Updated on August 5, 2019