Regulations for using the EbiBot service Introduction These license agreements specified in these Regulations constitute only a general outline of the conditions under which the EbiBot service - chatbot and voice bot - is made available. Detailed terms and conditions of using the EbiBot service are defined together with the Client when signing the agreement. §1 Subject Matter of the Regulations The Regulations determine conditions of making available by the Contractor, by means of the telecommunication network, the EbiBot service, hereinafter referred to as the Service, as well as conditions of use of the Service by the Client. §2 Definitions The following notions, written in capital letters in italics, will be referred to in the content of this Agreement in the following meaning: 1. Source Code – technically documented set of Service instructions which, after placing on a carrier recognizable by digital machines and automatic translation to the return code results in the fact that they are capable to perform functions according to the Service’s utility documentation. 2. Client – Client who orders the Service 3. The Contractor – EBICOM Sp. z o.o. 4. Agreement – Contract between the Client and the Contractor. §3 Statements from Parties 1. The Contractor declares that the scope of the Contractor's basic activity includes the creation of chatbot and voice bot services, which improve communication between companies and customers using the Internet. 2. The Client hereby declares that he meets the minimum technical requirements for using the Service, such as his own website or Facebook fan page. §4 Subject made available 1. The subject made available is the Service, its new versions, Modifications, as well as any of its updates and other Changes along with the Service 's utility documentation, prepared in an electronic form. The detailed functional scope of the Service is determined at the time of business negotiations prior to its implementation. 2. The Contractor provides the Service to the Client for a fee, for a fixed period of time, specified in the Agreement. The above conditions are the subject of separate arrangements between the Client and the Contractor. 3. The Service, its New versions, Modifications, as well as any of its Updates and other Changes, along with the Service's utility documentation constitute an object of copyright of the Contractor as well as third parties, and this right is subject to protection on the terms provided in the Act of 4 February 1994 on copyright and related rights. 4. The source code and the structure the Service 's databases are and contain the Contractor's business secret and shall not be made available. §5 Contractor's obligations 1. The Contractor guarantees that the Service is free from any legal defects, in particular: The Contractor is entitled to exclusive proprietary copyright to the Service and this right is not limited by third party rights. The Contractor guarantees that elements and technologies used for the performance of the subject matter of the present agreement, and not being property of the Contractor are free of legal defects, which means that they have been used in accordance with intention of concluded dealer's, license and other agreements concluded between the Contractor and their legal owners, in particular, they will not prejudice the copyrights third parties, regulations of the Act of 16 April 1993 on counteracting unfair competition (Journal of Laws 03.153.1503 consolidated version as amended), are free from prohibited borrowings and there are no other circumstances that could expose the Client to liability towards third parties. The Contractor shall be obliged to protect the Client and indemnify him with regard third party claims related to the violation of copyright, both proprietary and personal, any other claims related to the subject of this agreement, and also in relation to claims or liability of the Client under non-compliance of any statements or assurances of the Contractor. The Contractor shall pay the Client the amount corresponding to the above mentioned claims within 14 days from a demand for pay by the Client. 2. The Contractor guarantees that the Service will operate according to the provided documentation, while in the case when the documentation's requirements are not met, the Contractor will immediately restore the required functionality. §6 Scope of making the Service available Obtaining access to the Service shall authorize the Client to: 1. possibility to place the Service in selected websites or Facebook pages according to a separately agreed scope of implementation, 2. statistics on the number of queries sent to the Service by customers, 3. access to the database of questions and answers that took place during the conversation between the Client's customers and the Service, 4. ability to order changes to the Service, 5. collecting contact data from customers through contact forms available in the Service. §7 Client's obligations 1. The Client is obliged to refrain from: 1.1. undertaking or enabling activities aimed at learning the Source Code or the Service's database structures through its display, observation and testing, in particular in order to learn the Service's idea and principles, unless this is an element of authorized activities necessary during the Service's operation; 1.2. decompiling, replaying, reproducing or modifying the Source Code, including the Service's database structure in full or in part; 1.3. independent creation by the Client, without prior written consent from the Contractor, application software that would modify data stored in the Service; 1.4. delivering any unlawful content to the Service. 2. The Client is not entitled to: 2.1. sale, distribution, transfer in settlement, rental, leasing, giving up free of charge, sharing or other disposal for the benefit of a third party of access to the Service or the utility documentation in full or in part; 2.2. sharing, including temporary sharing of the Service or the utility documentation in full or in part to third parties; §8 Documentation The Client will receive the documentation of the Service necessary due to the subject of the contract. §9 Exclusion of liability The Contractor is not responsible for loss of the Service, loss of data, lost profits and other damage resulting in connection with using the Service as a result of: 1. circumstances resulting from exclusive fault on the part of the Client; 2. interference in the Service's Source Code by any persons, acting on behalf of the Client, or to whom the Client granted access to the Service 3. action a computer virus introduced by the users; §10 Fees Under making the Service available the Client will pay remuneration to the Contractor in the amount and on the terms specified in separate negotiations. §11 Complaints The Client shall be entitled to report any reservations as to functioning of the Service being the subject made available..