SmartLink Pty Ltd (“SmartLink”, “Owner”, “we” or “us”) provides an online software platform that enables developers, individuals, companies and agencies (“Customers”) to create, manage and host chatbots. 43.510.269 Gabrielle Redoan Occhipinti is a partner and representative of the tool developed by SmartLink Pty Ltd. These Terms of Use (these “Terms”) govern the use of Hyppo (“The Application”, “Product”, “System”).
Introduction
a. By using our system, you accept these Terms in full; therefore, if you disagree with these Terms or any part of these Terms, you should not use our system.
b. If you register with Hyppo, we will ask you to expressly agree to these Terms.
c. You must be at least 18 years of age to use our product; by using our system or agreeing to these Terms, you warrant and represent that you are at least 18 years of age.
d. Our system uses cookies; by using our system or agreeing to these Terms, you consent to the use of cookies in accordance with the terms of our privacy and cookie policy.
Acceptable Use
You are fully authorized to use our Application and System (as well as our API) in commerce as a means of reselling or creating goods and services that you use or offer commercially, except in cases where your product is materially similar or designed to compete directly with the Products offered. You should not:
a. Use Hyppo in any way or take any action that causes, or may cause, damage to the Product or impairment of the performance, availability or accessibility of the System; or
b. Use Hyppo in any way that is unlawful, fraudulent or harmful, or in connection with any unlawful, fraudulent or harmful purpose or activity; or
c. Use our system to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer viruses, Trojan horse, worm, key logger, rootkit or other malicious software; and
d. Conduct any systematic or automated data collection activities (including, without limitation, scraping, data mining, data extraction and data collection) on or in relation to our website without our express written consent;
and. Remove any copyright, trademark or other proprietary rights notices displayed through the System;
f. Post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of those rights;
g. Modify, adapt, translate, reverse engineer, decipher, decompile or disassemble any part of Hyppo or any software used in or for the System, or cause or assist others to do so.
Prohibited Conduct and Applicable Measures
a. The use of Hyppo for any activity that violates applicable laws, regulations or standards, including but not limited to fraud, scams, malware dissemination, or deceptive practices, is strictly prohibited.
b. If the use of the System for illicit purposes is identified, we reserve the right to immediately deactivate the account of the Customer involved, without prior notice, without any right to reimbursement of amounts already paid, based on the good faith provided for in the Consumer Protection Code (Law 8.078/1990).
c. All evidence collected will be forwarded to the competent authorities for investigation and adoption of appropriate legal measures.
d. The Customer acknowledges and agrees that deactivating the account and communicating it to the authorities in case of illegal activity does not constitute a contractual breach, but rather an exercise of the right to preserve the integrity of the system and of affected third parties.
System Signature
Hyppo is free to use, but has optional paid plans with varying prices. For paying Customers, the product is billed monthly or annually and is non-refundable. There will be no refunds or credits for partial months of the system, upgrade/downgrade refunds, or refunds for months not used with an open account. Charges are based solely on our measurements of your use of the System, unless otherwise agreed in writing. All fees are exclusive of all taxes, fees or charges imposed by the tax authorities, and you will be responsible for paying all such taxes, fees or charges. The basic paid plan has a fixed price. Total monthly or annual fees may vary depending on the additional products you may want to add monthly or annually and may change the amount required for each billing. The paid subscription system can be terminated at any time by the user through the account administration panel in the application.
Registration & Accounts
a. You can register for a Hyppo account by completing and submitting the registration form on our website.
b. You will be able to access Hyppo immediately after confirmation by email.
c. You must not allow anyone else to use your account to access the system.
d. You must notify us immediately in writing if you become aware of any unauthorized use of your account.
and. You must not use someone else’s account to access the Site unless you have that person’s express permission to do so.
f. You are responsible for any activity associated with your account.
User Login Details
a. You must keep your password confidential.
b. You must notify us immediately in writing if you become aware of any disclosure of your password.
c. You are responsible for any activity on our website arising from any failure to keep your password confidential and may be held liable for any losses arising from such failure.
Cancellation and Suspension of Accounts
a. We may suspend your account, cancel your account or edit your account details at any time in our sole discretion without notice or explanation.
b. You can cancel your account on our website using your account control panel on the website.
Resale
Customers are not permitted to reproduce, duplicate, copy, sell, resell or exploit any part of Hyppo and its System without the prior written permission of the Owner, granted directly or through an appropriate resale program. If you do so, we may cancel your purchase and disable access to the product in question. We will also not provide a refund, and you agree to pay us the amount of money you earned in violation of this provision.
System Interruption
The Owner reserves the right to add and remove functionalities or features, as well as suspend or even discontinue the System, temporarily or permanently. In the event of a final discontinuation, the Owner will do its best to allow Customers to withdraw their information held by the Owner.
Copyright Notice
We, along with our licensors, own and control all copyright and other intellectual property rights in all material or feature you may encounter while using our system, and all copyrights and other intellectual property rights you may encounter while using our system are reserved. Except for Application Content that is in the public domain or for which permission has been granted, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any Application Content. Subject to these Terms, we grant you a limited, revocable, non-exclusive, fully paid license to access the Application Content for the sole and limited purpose of facilitating your use of the System.
Exemption from Guarantees
We provide the Hyppo System “as is”, “with all faults” and “as available”, without any warranties of any kind, including any implied warranties or conditions of merchantability, fitness for a particular purpose, professional endeavor, non-infringement or any other – warranty all to the fullest extent permitted by law. Specifically, we do not represent or warrant that the Hyppo System (or any part, feature or Content thereof) is complete, accurate, of any particular quality, reliable or secure in any way, appropriate or compatible with any of your (or your End Users) contemplated activities, devices, operating systems, browsers, software or tools (or that will remain so at any time), oror that they comply with any laws applicable to you or your End Users (including in any jurisdiction in which you operate), or that their operation will be free of any viruses, bugs or other harmful components or limitations of the program. In addition, we do not endorse any entity, product or system (including any Third Party Services) mentioned or made available through the Hyppo – System so please make sure to check them before using them or engaging with them.product or system (including any Third Party Services) mentioned or made available through the Hyppo – System so please make sure to check them before using them or engaging with them.product or system (including any Third Party Services) mentioned or made available through the Hyppo – System so please make sure to check them before using them or engaging with them.
Limitation of Liability
To the maximum extent permitted by law in each applicable jurisdiction, SmartLink Pty Ltd, its directors, shareholders, employees, affiliates and/or agents shall not be liable to you for any direct, indirect, incidental, special, punitive, exemplary or consequential damages of any kind, including any damages resulting from (1) errors, mistakes or inaccuracies of any content; and (2) any personal injury or damage to property related to your use of the Hyppo System; (3) any unauthorized access to or use of our servers and/or any personal information and/or other information stored on them; (4) any interruption or cessation of transmission to or from the Hyppo System; and (5) the use or display of any Content or User Content posted, sent by email, ortransmitted or otherwise made available through the Hyppo System; (6) events beyond the reasonable control of Hyppo, including any Internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil unrest, shortage of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, wars, terrorism, intergalactic struggles, governmental actions, court orders, etc agencies or courts or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill or other intangible losses, resulting from the use or inability to use part or all of the Hyppo System.equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, earthquakes, explosions, acts of God, wars, terrorism, intergalactic struggles, governmental actions, court orders, agencies or courts or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill or other intangible losses, or resulting from the use or inability to use part or all of the Hyppo System.equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, labor or material shortages, fires, floods, storms, earthquakes, explosions, acts of God, wars, terrorism, intergalactic struggles, governmental actions, court orders, agencies or courts or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill or other intangible losses, or resulting from the use or inability to use part or all of the Hyppo System.agencies or courts or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill or other intangible losses, resulting from the use or inability to use part or all of the Hyppo System.agencies or courts or non-performance of third parties; and/or (7) loss of use, data, profits, goodwill or other intangible losses, resulting from the use or inability to use part or all of the Hyppo System.
Indemnification
User agrees to indemnify and hold harmless Owner and its subsidiaries, affiliates, directors, agents, co-brands, partners and employees, as applicable, from any claim or demand, including without limitation, reasonable attorneys’ fees and costs, made by any third party due to or arising from User content, use of or connection to the System, violation of these Terms or violation of any third party rights.
Changes to these Terms
SmartLink Pty Ltd reserves the right to modify these Terms at any time by informing Customers by posting a notice within Hyppo. Customers who continue to use Hyppo after the posting of changes accept the new Terms in full.
Applicable Law and Jurisdiction
These Terms and any dispute relating to the implementation, interpretation and validity of this agreement are subject to the law, the jurisdiction of the state and the exclusive jurisdiction of the courts where the Owner has its registered offices. An exception to this rule applies in cases where the law provides for an exclusive place of jurisdiction for consumers.
Products or Services Available Exclusively Online
These products or services may have limited quantities and are subject to refunds only in accordance with our Refund Policy. We reserve the right, but are not obligated, to limit sales of our products or services to any person, geographic region or jurisdiction. We can exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any product or service we offer. All product descriptions or product prices are subject to change at any time without notice in our sole discretion. We reserve the right to discontinue any product at any time. Any offer of any product or service made on this website is void where prohibited. We do not guarantee that the quality of any products, services, servicesinformation or other material purchased or obtained by you will meet your expectations or that any errors in the System will be corrected.
Workspace
The workspace is designed to serve a business by workspace. You can only connect one Facebook user account, one Google account in each workspace. With regard to WhatsApp channel, Telegram and future channels that we introduce, each workspace is allowed only 1 WhatsApp number, 1 Telegram chatbot, etc. We reserve the right to make changes to the limits we offer.
Miscellaneous
a. Without prejudice to our other rights under these Terms and Conditions, if you violate any provision of these Terms and Conditions in any way, or if we reasonably suspect that you have breached these Terms and Conditions in any way, we may delete, cancel the posting or edit any or all of its content and delete or terminate your account.
b. You waive all your moral rights in your content to the fullest extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the fullest extent permitted by applicable law.
c. You and we are independent contractors, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by these Terms. Messages sent by the chatbot will be deleted if the registration is more than 1 month old. Messages sent by the user will be kept on record for 6 months after receipt on Hyppo.