Terms of Service
1. Acceptance of Terms
1.1 Overview: Welcome to a dynamic set of artifical intelligence services ("Service") provided by Conversate ("we", "us", "our"). Our Service facilitates engaging conversations between users ("you", "your") and advanced artificial intelligence (AI) agents, as well as between users themselves. This dual interaction model is designed to provide a comprehensive conversational experience, offering both AI-driven interactions and user-to-user communication. By accessing and using our Service, you 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.
1.2 Agreement to Terms: By using our Service, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree with any part of these terms, then you are not authorized to access the Service. Your continued use of or access to our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
1.3 Capacity to Accept Terms: You affirm that you are either more than 18 years of age, an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
1.4 Changes to Terms: Conversate reserves the right, at our sole discretion, to update, change, or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
2. Privacy and Data Use
2.1 Personal Information: In providing our Service, Conversate may collect and process personal information from you, including but not limited to your name, contact information, and conversation history. This information is essential for the operation of our service, enabling user-to-user and user-to-AI interactions. We are committed to protecting your privacy and ensuring the confidentiality of your personal data.
2.2 Consent to Process Data: By using our Service, you grant Conversate consent to collect, store, and use your personal information and conversation data as outlined in our Privacy Policy. This includes analyzing conversation content for service improvement, troubleshooting, and ensuring compliance with our terms. We will not share or sell your personal information to third parties for marketing purposes without your explicit consent.
2.3 Data Storage and Security: All user data, including conversation logs, is securely stored in compliance with applicable data protection laws. We employ industry-standard security measures to protect your data from unauthorized access, disclosure, alteration, and destruction. However, please be aware that no method of electronic storage is 100% secure, and we cannot guarantee absolute security.
2.4 Data Retention and Access: Your data will be retained for as long as necessary to provide you with our Service, comply with our legal obligations, resolve disputes, and enforce our agreements. You have the right to access, amend, or delete your personal information held by us, subject to certain conditions as prescribed by law.
2.5 Third-Party Services: Our Service may include links to third-party websites or services that are not operated by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party sites or services.
2.6 Changes to Privacy Policy: Our Privacy Policy may change from time to time. We will notify you of any changes by posting the new Privacy Policy on our website. You are advised to review this Privacy Policy periodically for any changes.
3. User Obligations
3.1 Lawful Use: Users agree to use the Service solely for lawful purposes. This includes adhering to all applicable laws, regulations, and codes of conduct related to online behavior and communication. Users are responsible for ensuring that their interactions, both with AI agents and other users, do not violate any applicable laws or regulations.
3.2 Prohibited Content and Behavior: Users must not engage in, or facilitate the dissemination of, any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable. This includes refraining from behaviors such as bullying, harassment, or promoting discrimination. Additionally, users are prohibited from using the Service to:
- Transmit any form of malware or engage in activities that could compromise the security of the Service or other users.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Engage in any activities that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Service.
3.3 Account Security: Users are responsible for maintaining the confidentiality of their account information. You agree to immediately notify Conversate of any unauthorized use of your account or any other breach of security.
3.4 Compliance with Guidelines: Users must adhere to any usage guidelines or rules posted by Conversate, which may be updated from time to time. Failure to comply with these guidelines may result in termination of your account and access to the Service.
3.5 Reporting Misconduct: If you encounter any user who is violating these terms, you are encouraged to report this to us. Conversate reserves the right, but is not obligated, to respond to such reports.
3.6 Representations and Warranties: By using the Service, you represent and warrant that you have the legal capacity to enter into these terms and that your use of the Service will not violate any applicable law or regulation.
4. Service Limitations and Modifications
4.1 Service Changes: Conversate reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. We shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
4.2 Availability: While we strive to ensure the Service is available at all times, there may be instances when the Service may be interrupted, including, but not limited to, maintenance, upgrades, network or equipment failures. Conversate is not liable for any interruption or loss you may experience due to such interruptions.
4.3 Technical Requirements: Use of the Service requires compatible devices, Internet access, and certain software; may require periodic updates; and may be affected by the performance of these factors. Conversate reserves the right to change the system requirements for accessing the Service at any time.
4.4 Limitations on Use: You acknowledge that Conversate may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the Service, the maximum number and size of messages that may be sent from or received by an account on the Service, and the maximum disk space that will be allotted on Conversate's servers on your behalf.
5. Intellectual Property
5.1 Ownership and Rights: The Service and all contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Conversate, its licensors, or other providers of such material and are protected by Canadian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
5.2 Use of Content: This Service may only be used for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, except as follows:
- Your computer may temporarily store copies of such materials in memory incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download a reasonable number of pages of the Service for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
5.3 User-Generated Content: Any content that you create, upload, post, send, receive, or store while using the Service, including but not limited to text, photos, audio, video, or other materials, remains your intellectual property. By creating, posting, or sharing your user-generated content on or through the Service, you grant Conversate a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, display, reproduce, modify, create derivative works from, and distribute your user-generated content on the Service for the purpose of operating, developing, providing, and using the Service.
6. Termination
6.1 Account Termination: You or Conversate may terminate your account and your use of the Service at any time. If you wish to terminate your account, you may simply discontinue using the Service. Conversate reserves the right, at our sole discretion, to suspend or terminate your account and access to the Service, at any time, for any reason, including but not limited to breach of these Terms.
6.2 Consequences of Termination: Upon termination, your right to use the Service will immediately cease. All provisions of the Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
6.3 Handling of Information Post-Termination: After termination, we will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We reserve the right to maintain copies of any information you have submitted through your use of the Service for archival purposes.
7. Limitation of Liability
7.1 Disclaimer of Warranties: The Service is provided on an "as is" and "as available" basis. Conversate makes no representations or warranties of any kind, express or implied, as to the operation of the Service or the information, content, materials, or products included on the Service.
7.2 Limitation of Liability: In no event shall Conversate, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
8. Indemnification
8.1 User Responsibilities: You agree to defend, indemnify, and hold harmless Conversate and its licensee and licensors, and their 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 the Service.
9. Dispute Resolution and Governing Law
9.1 Governing Law: These Terms of Service and any separate agreements whereby we provide you services shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflict of law provisions. By using our Service, you agree that the laws of British Columbia, Canada, will govern these Terms and any dispute of any sort that might arise between you and Conversate.
9.2 Jurisdiction: Any legal actions, claims, or disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the provincial and federal courts located in British Columbia, Canada. You agree to submit to the jurisdiction of these courts for the purposes of litigating any such action.
9.3 Dispute Resolution Mechanism: In the event of a dispute, users are encouraged to contact Conversate directly to seek a resolution. If the dispute cannot be resolved through direct communication, it may be required to be settled through final and binding arbitration, except as otherwise provided herein.
9.4 Arbitration Agreement: If arbitration is chosen as the method of dispute resolution, the arbitration shall be conducted in British Columbia, Canada, and shall be governed by British Columbia's Arbitration Act, unless expressly agreed to otherwise by all parties involved.
10. General Provisions
10.1 Amendments: These Terms of Service may be amended or updated by Conversate at our sole discretion, at any time, without prior notice. The most current version of these Terms will supersede all previous versions. We encourage you to periodically review these Terms to stay informed of our updates. Your continued use of the Service following the posting of any changes to these Terms constitutes your acceptance of those changes.
10.2 Severability: If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
10.3 Entire Agreement: These Terms and any policies or operating rules posted by us on the website or in respect to the Service constitute the entire agreement and understanding between you and Conversate. They govern your use of the Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).
10.4 Waiver: No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Conversate's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
11. Contact Information
11.1 Support and Inquiries: For any questions, concerns, or comments about the Service, or if you need support regarding your account, please contact us at hello@conversate.today
We strive to respond to user inquiries and feedback promptly and effectively.
11.2 Feedback and Suggestions: We welcome your feedback and suggestions about our Service. However, please note that by submitting feedback or suggestions, you agree that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).