Version 1.0 of 24 November 2020
Chatbot : means the chatbot developed with the Chatbot Editor and made available to Users.
Third party content : means content from a third party website or mobile application that is listed on the chatbot.
User content : means content made available by a User on the chatbot.
Personal data : means all information that relates to an identified or identifiable person. This includes identifiers, such as names, audiovisual material, identification numbers, location data or online identifiers. It may also include specific elements relating to the physical, physiological, genetic, mental, economic, cultural or social identity of the person concerned.
Personality rights: means the rights in relation to Article 28 et seq. of the Swiss Civil Code
Force majeure : circumstances beyond the reasonable control of the chatbot’s Publisher, in particular, natural phenomena, governmental measures, acts of terrorism, demonstrations, fires, explosions, floods, epidemics, factory blockades, strikes or other labour disputes (whether or not these disputes concern the chatbot’s employees), accidents, factory breakdowns, hindrances or delays of transporters, impossibility or delay in obtaining supplies or appropriate and necessary equipment, seizures, sequestrations or other measures taken by or on the order of an apparently competent authority and all other acts which are neither foreseeable nor objectively attributable to the chatbot Editor.
Contact form : means that if one of the chatbot’s Services is implemented, it consists in allowing the User to contact the chatbot’s Editor who will link you with the chatbot’s Editor of the platform that owns the chatbot.
Intellectual property copyright: means any copyright, patent, design, database right, trademark right, trade secret, trade secret, know-how, or any other proprietary or intellectual property right, whether registered or not.
Services user: means the chatbot and the associated services
User: means any person (natural or legal, male or female) accessing the chatbot, including but not limited to using a smartphone, tablet or web browser. In order to facilitate the reading of the TOU, only the masculine singular will be used to refer to both female and male Users.
- Chatbot Publisher
The chatbot Editor is the chatbot Editor using the deeplink.ai platform to provide a chatbot service to its own Users. (hereinafter: the chatbot Editor)
The chatbot is edited and operated by the Chatbot Editor who can be contacted using the generic email address of the chatbot editing platform, namely: email@example.com
Access to the chatbot and the Services
The chatbot is accessible anywhere and to any User having access to the Internet. All costs incurred by the User to access the chatbot (computer hardware, software, Internet connection, etc.) shall be borne by him.
The chatbot Editor shall take all reasonable measures to ensure that the chatbot is accessible at all times. However, it is possible that technical difficulties or maintenance requirements may suspend, remove or make access to the chatbot difficult.
The User undertakes, under penalty of civil and criminal liability, not to use the chatbot for any purpose other than that indicated by the chatbot Editor. In particular, the User undertakes not to transmit, by any means whatsoever, any content including programs, codes, viruses or any other process intended to destroy or limit the chatbot’s functionality.
The User guarantees to have checked that his computer configuration does not contain any virus.
The chatbot’s Publisher undertakes to ensure that the systems, programs or other things over which he has influence correspond to the current state of the art in terms of security.
The user is obliged to ensure the security of the systems, programs and data within his sphere of influence. He is solely responsible for the configuration of his computer hardware, programs and platforms used to access the chatbot. It is the User’s responsibility to maintain his browser in a state that allows him to use the chatbot. Technical access to the chatbot is made through the network provider chosen by the User himself and through the specific software he has obtained from third parties via the Internet. The chatbot’s publisher accepts no responsibility for this software.
In case of violation of the obligations as defined in these GTC, the chatbot’s Publisher may immediately block the User’s access. The chatbot publisher reserves the right to claim damages.
Use of the chatbot and the Services
The User undertakes to use the chatbot diligently, in good faith and in accordance with the TOU and the Swiss laws or any other applicable law.
- Prohibited activities
Any User is allowed to use the chatbot only in compliance with the Swiss laws and any other law that may apply to him. The User is only allowed to make legal use of the chatbot and any illegal or inappropriate use is excluded.
By using the chatbot, the User undertakes in particular not to :
- use or attempt to use the chatbot and/or the Services for any purpose other than strictly personal ;
- use or attempt to use the chatbot and/or the Services in an offensive, abusive or illicit manner or purpose, including committing or facilitating fraud, in particular by publishing or using terms likely to be offensive or inappropriate;
- soliciting or attempting to solicit commercial benefits in any form of communication sent or posted through the chatbot and/or the Services
- transmit or attempt to transmit copyrighted material without the express prior consent of the copyright owner;
- use or attempt to use information made available on the chatbot for commercial purposes, in particular by reusing or distributing it online;
- use or attempt to use an automated program (including but not limited to a robot, spidering, sniffing, crawling, web scraping etc.) or any other automated means or interface to access the chatbot and/or the Services offered on the chatbot
- interfere or attempt to interfere with the proper working of the chatbot and/or the Services offered on the chatbot or the enjoyment thereof by any User, by any means whatsoever, in any way that could damage, disable, overburden or impair the chatbot, in particular by hacking or attempting to circumvent the content filtering techniques that the chatbot Editor reserves the right to use;
- copy, modify, merge, sell, redistribute, assign, transfer the software or source code of the chatbot, or any part thereof, as well as reverse engineer, decompile, disassemble, translate, decipher or attempt to discover the source code used for the chatbot;
- infringe or attempt to infringe any patent, trademark, trade secret or copyright owned by the chatbot’s publisher
- access or attempt to access any Service or part of the chatbot to which the User is not authorised to access, in particular the server on which the chatbot is hosted or any other server, computer or database connected to the chatbot Editor’s Services;
- introduce or attempt to introduce viruses, Trojan horses or other malicious or technologically harmful material; and
- Content of the chatbot
The Services offered on the chatbot do not constitute commercial offers. They may be modified or deleted without notice.
- Third-party content and hyperlinks
The presence of hyperlinks on the chatbot referring to other websites or mobile applications is not a guarantee of the quality of the content of these websites or applications and of their proper functioning
The chatbot Editor can in no way be held responsible for the third-party Content that he takes over and publishes on the chatbot. Nor can the chatbot Editor be held responsible for the hyperlinks present on the chatbot, nor for the content of said links. The User consults third-party Content at his own risk and under his sole responsibility.
The chatbot Editor may, at any time and without notice, remove any Third Party Content from the chatbot.
The chatbot Editor is the exclusive owner of all Intellectual Property rights on the chatbot content, as well as on the databases it contains. In particular, any element reproduced on the chatbot, of whatever nature (texts, images, sounds, photos, videos, music, databases, data, logos, trademarks, software, content, codes, layouts, etc.) is protected by Intellectual Property rights and is the exclusive property of the chatbot Editor
Consequently, any reproduction (including by downloading, printing etc.), representation, provision, communication to the public, adaptation, modification, translation, transformation, broadcasting, integration into another mobile application or website, commercial exploitation and/or reuse in any way whatsoever of all or part of the elements appearing on the chatbot is strictly prohibited without the prior written authorisation of the chatbot Editor. Consultation and use of the chatbot does not confer any intellectual property rights to the User on any element appearing on the chatbot.
The chatbot Editor grants any User a limited, non-exclusive, non-transferable, non-sub-licensable, paying licence, for a limited period of time and revocable at any time, to display and use the chatbot and the information, databases and content of which they are composed, for his/her personal and non-commercial needs, in particular to consult the content of the chatbot and its Services as well as to display the content of the chatbot on a smartphone, a tablet or a web browser on the strict condition that these TOS are respected. Any other use of the chatbot is excluded without the Customer’s prior written consent.
The chatbot’s Publisher reserves the right, without prior notice, to withdraw the aforementioned licence at any time with immediate effect in the event of a breach of the law or non-compliance with these TOU. The chatbot Publisher reserves the right, without prior notice, to modify or remove any element of the chatbot at any time and to take any appropriate action to stop an infringement in case of violation of its Intellectual Property rights or to protect the integrity and proper functioning of computer systems, servers, databases, networks, the chatbot, the User’s Personal Data in connection with the billing of the Services, as well as the related Intellectual Property rights.
The User undertakes not to reproduce, pirate, download, copy, make available, disseminate or use in any way the texts, databases, data, codes, images or the content of the chatbot. Any unauthorised use of any of the elements reproduced on the chatbot (piracy, counterfeiting, illegal downloading, etc.) shall give rise to civil and/or criminal legal proceedings and the payment of damages to the chatbot’s Publisher
The User guarantees that he/she holds all Intellectual Property Rights relating to the User Content and that the provision of User Content and/or its use of the chatbot will not result in any violation of the law or of the Intellectual Property Rights, Personality Rights or other rights of third parties. The User undertakes, where applicable, to compensate the chatbot Publisher for any damage suffered by the latter as a result of its violation of the intellectual property rights of third parties.
The domain name on which the chatbot is hosted is the exclusive property of the chatbot Editor. The User is not allowed to use or adopt a similar name for his own use.
- From the User
The User undertakes to use the chatbot and/or the Services diligently, in good faith and in compliance with the GTCU and Swiss law or any other applicable law.
He undertakes not to cause any prejudice to the chatbot’s Publisher by his use of the chatbot and/or the Services.
- From the chatbot publisher
The User accesses and uses the chatbot at his exclusive risk
The chatbot and its content are provided as is and according to its availability. The chatbot Publisher expressly disclaims, and the User waives, all warranties of any kind, whether express or implied, including, without limitation, any implied warranties of fitness for a particular purpose, availability and non-infringement of the chatbot and/or its content.
The Services and all other information available on the chatbot are provided for general information purposes only. No information accessible through the chatbot can be considered as professional advice and should not be considered as an exclusive advice or source of information.
The chatbot Publisher may provide recommendations on the use of its Services under conditions that are specified on the chatbot.
The User understands and accepts that the chatbot Editor cannot be held responsible for illicit behaviour on the part of third parties, as well as on the part of other Users of the chatbot.
The chatbot Publisher does not give any warranty or make any representation that (i) the chatbot and its content will meet the User’s needs or will be accurate, non-hazardous or free of any risk to the User’s health, safety, life (ii) the chatbot and its content will be available uninterrupted, timely, secure or error-free, (iii) search results obtained through the use of the chatbot will be accurate or reliable, (iv) any errors will be corrected (v) other Users will comply with their obligations and/or applicable legal provisions.
Any material downloaded or otherwise obtained through the use of or via the chatbot is done so at the User’s own discretion and risk and the User shall be solely responsible for any damage to his or her computer system or loss of data that results from the download of such material.
No information, whether oral or written, obtained by the User from the chatbot Editor and/or through the chatbot shall create any warranty or other obligation not expressly stated in the TOS and the chatbot Editor disclaims any liability arising from any reliance placed thereon by any User or anyone else who may be informed of any part of its contents.
The chatbot Editor does not provide any guarantee as to the accuracy, truthfulness, reliability, timeliness, completeness or durability of the information, in particular relating to the Services, contained on the chatbot.
All information and details on the chatbot may be changed or deleted at any time without prior notice.
The information and indications appearing on the chatbot do not engage the responsibility of the chatbot Editor and do not constitute a contractual commitment on the part of the chatbot Editor. The photographs and other images presented on the chatbot are not contractual and do not commit the chatbot Editor as to their veracity and authenticity.
Responsibility of the chatbot Editor
The TOS set out the maximum extent of the chatbot publisher’s obligations and liability in connection with the chatbot.
To the fullest extent permitted by law, the chatbot publisher excludes any warranty and liability in connection with the chatbot. In particular, the chatbot Editor shall not be liable for any damages of any kind, including loss of revenue or data, or loss of opportunity, suffered by any User or any other person, whether caused by an action of the chatbot Editor or a third party.
Under no circumstances shall the chatbot Editor be held liable in the event of impossibility due to Force Majeure.
The chatbot Editor excludes any guarantee and liability in connection with the content of the chatbot. The chatbot, its content and the Services are provided “as is ” and “ as available” without any express or implied warranty of satisfactory quality, fitness for a particular purpose, currency, non-infringement, compatibility, security and accuracy.
The chatbot Editor excludes all liability for the unavailability of the chatbot, its content and/or the Services at any time and for any duration whatsoever. The chatbot Editor excludes all liability for indirect damages and/or losses, in particular in the event of loss of turnover, lost profits, sales, or income, business interruption, loss of anticipated savings, loss of opportunity in the professional field, of clientele or damage to reputation.
The chatbot publisher does not give any guarantee in connection with the chatbot and its content, nor with regard to the information published or made available on the chatbot, whether for its availability, accuracy or compliance with the law. The chatbot publisher also does not guarantee that the chatbot will be accessible at all times and expressly reserves the right to cease operation and terminate it at any time without prior notice.
The chatbot’s publisher accepts no responsibility for third-party content and for any disputes that may arise in connection with this content. The chatbot publisher accepts no responsibility for the content of websites to which the links published on the chatbot refer. The chatbot may contain advertisements from third parties and the chatbot’s publisher accepts no responsibility for the accuracy, completeness and truthfulness of the content of these advertisements or for any offers and services contained therein. These links shall not be considered as an endorsement or sponsorship by the chatbot publisher.
In any case, and to the fullest extent permitted by law, the chatbot Editor, its staff and its affiliated entities shall not be liable for any claim whatsoever in connection with the use of the chatbot.
The chatbot Editor has the right to suspend or restrict access to all or part of the chatbot’s elements on a permanent or temporary basis.
The User agrees to indemnify and hold harmless the chatbot Editor, its affiliates, shareholders, officers, directors, agents, representatives and employees from and against any and all losses, damages, claims, penalties, fines, costs and expenses, including without limitation attorney’s fees and court costs, that may arise out of:
- the use of the chatbot and/or the Services ;
- any allegation by a third party that the User’s use of the chatbot and/or the Services violates any intellectual property right, personality right or privacy right of that third party; and
- any damage otherwise caused to others.
The chatbot Editor shall not be liable for any failure(s) if said failure(s) is (are) beyond its (their) control or is (are) the result of an event of Force Majeure.
Availability of the chatbot
The chatbot and/or the Services are in principle available twenty-four hours a day, seven days a week.
However, the chatbot Editor cannot ensure permanent availability and cannot be held responsible for any interruption, even prolonged, of access to the chatbot and/or the Services, in particular in the context of a network overload or impossibility of access to the chatbot.
The chatbot Publisher may interrupt, suspend or close access to the chatbot and/or the Services from time to time at its own discretion in order to update them, for an indefinite period. The elements of the chatbot may be out of date at any given time and the chatbot Publisher is under no obligation to update.
An interruption, suspension or closure of the chatbot, whether scheduled or not, may occur in particular for maintenance purposes, network problems, software or security problems, or in the event of Force Majeure. No costs or compensation may be claimed in the event of interruption, suspension or closure of the chatbot.
- By the User
The User may not assign any of his rights and obligations arising from the TOS without the prior written consent of the chatbot Editor.
- By the chatbot Editor
The chatbot’s Publisher may assign all of its rights and obligations arising from the GTCU without having to obtain the User’s prior written consent.
Complete agreement and severability
The chatbot’s Publisher is free to conclude an agreement with each User who wishes to do so, supplementing the GTC. Provided that the said agreement expressly excludes them, the GTC shall in any case be fully applicable to the relationship between the chatbot’s Publisher and the User.
The failure of the chatbot publisher to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision.
If any provision of the TOU is found to be void and/or invalidated by a court of law, User and Chatbot Editor agree that their intentions as reflected in the provision will be carried out to the maximum extent permissible and that the other provisions of the TOU will remain in full force and effect
The headings of the sections of the TOU are for convenience only and have no legal or contractual effect. If any provision of the TOU is found by a court of law to be unlawful or unenforceable in a particular case, the remainder of that provision and the other provisions shall continue in full force and effect.
The Chatbot Publisher may block, terminate or suspend the ability of a User to download, use or access the chatbot, in whole or in part, without notice and at any time, at its sole discretion and in particular in the event of a breach of the TOU. To the same extent, the chatbot Publisher may close the chatbot.
The chatbot publisher has the right, without any obligation, to immediately delete and remove any third-party Content from the chatbot.
All data collected through the chatbot are not stored after the end of the use of the chatbot and/or the Services, except for statistical purposes and after pseudonymisation.
The chatbot Publisher has no control over and will not be responsible for any content that is posted on any website, search engine or social network as a result of sharing or referencing.
Access to the chatbot does not establish any partnership, partnership, representation or agency relationship between the User and the Chatbot Editor.
It is the User’s responsibility to ensure that he/she has understood the content of the TOS.
Unless otherwise specifically stated, any additions or amendments to the TOU must be in writing.
Applicable law and jurisdiction
All claims and disputes arising in connection with the TOU (including non-contractual disputes or claims and their interpretation) shall be subject to the exclusive jurisdiction of the Courts of Lausanne, Switzerland, subject to possible appeal to the Federal Court.