Terms and conditions
1. OBJECT & LEGAL NOTICE
1.2. By becoming a free user or a subscriber (hereafter “User”) of the Site, you acknowledge that you have read and understood the terms of the present T&C and that you agree to be bound, without restrictions or reservations, by all its provisions.
1.3. The T&C and any modification of the T&C are published on the Site and are provided free of charge to the Users. They are also displayed during the registration of Users, who confirm that they have read and accepted them in their totality in order to validate their registration.
1.4. The site is edited by Alkubot:
a) name: Alkubot Kft.
b) registered office of the company: 2483 Gárdony, Üdülő utca 70., Hungary
c) mailing address: 2483 Gárdony, Üdülő utca 70., Hungary
d) register number of the company: 07-09-030144
e) tax number of the company: 26774972-2-07
f) e-mail: firstname.lastname@example.org
g) phone number: +36 31 781 0353
h) conciliation authority: Fejér Megyei Békéltető Testület (Székhely: 8000 Székesfehérvár, Hosszúsétatér 4-6.). The consumer has the right to make a complaint regarding to this T&C at the conciliation body.
1.5. The User acknowledges that User’s electronic submissions constitute a contract between the User and Alkubot. This is an electronic contract. The contract to be bound by electronic submissions applies to all records relating to all transactions the User enter into with Alkubot, including any notices of cancellation, policies, contracts, and applications. In order to use the Site and to access and retain electronic records, User may be required to have certain hardware and software, which are User’s sole responsibility. Alkubot is not responsible for typographic errors in these terms, on the Site, in descriptions of products and services, or in accompanying materials.
2. SUBJECT OF THE T&C
2.1. Alkubot provides a "negotiator sales chatbot" system, that helps making sales to the visitors of the User’s site by negotiating a discount deal between the visitor and on behalf of the User (hereafter “Alkubot Services”). Any new features or tools which are added to the current version of Alkubot Services shall also be subject to this T&C.
2.2. Alkubot account
2.2.1. The User can only create a single Alkubot account (hereafter “Account”) in the “Try for Free Account” section on the Site.
2.2.2. The data collected and subsequently processed by Alkubot is voluntarily transmitted by the User to the site, in particular via the registration form. This data consists of a valid email address and the choice of a password.
2.2.3. The password chosen by the User is strictly confidential. It cannot be communicated or shared with third parties. Under no circumstances can Alkubot be held responsible for the abusive use, loss, or theft of this password.
2.2.4. Furthermore, Alkubot, as it does not have the means to ensure the identity of the persons registering for its services, is not responsible in cases of identity theft of the User. The User is responsible for keeping their password and Account secure. Alkubot cannot and will not be liable for any loss or damage that results from failure the maintain the security of Alkubot account and password. If you believe that a person is using your account or your identity, you must immediately inform us of this by email at the following address: email@example.com.
2.2.5. The User acknowledge that Alkubot will use the email address provided during Account registration as the primary method for communication.
2.2.6. The User is responsible for all activity and content such as data, graphics, photos and links that are uploaded under his Account. The User must secure the rights for use of any content. The User must not transmit any worms or viruses or any code of a destructive nature.
2.3. Alkubot rights and obligations
2.3.1. Alkubot shall grant a non-exclusive right to use the Alkubot software to the User for which the User shall pay a fee, which is defined in this T&C.
2.3.2. All Alkubot Services, website and accompanying materials are provided as is, with no guarantee or warranty expressed or implied.
2.3.3. At no time shall Alkubot be liable for loss or damages resulting from use of Alkubot Services, or any deficiencies of performance while using Alkubot Services, whether or not these deficiencies are the result of any negligence on the part of Alkubot. Alkubot is not liable for product or service of the User. Alkubot is not liable for contracts which come into force between the User and the Costumer.
2.4. User rights and obligations
2.4.1. User is required to provide to Alkubot any and all data which is necessary to operate the Alkubot software. This data is required on the form which is provided by Alkubot during the registration procedure.
2.4.2. The User shall pay fee for the use of the Alkubot software and for other Alkubot Services. The fee is specified in this T&C.
2.4.3. User is not entitled to license the Alkubot software.
2.4.4. Alkubot has no form of relationship and no liability, expressed or implied, with the visitor of the User’s website to whom User is selling his products or services. The User is solely liable for the content and solidity of data found on the product page and is solely liable to anyone who views the product page.
2.4.5. User assume all legal obligations required in connection with his website and product pages that uses the Alkubot Services, (all-time valid indication of company data, etc.), as well as to set any changes in the company's information in the Alkubot administration interface.
2.4.6. Alkubot provides resources to do so through Alkubot software functions. In the event of failure to provide updated information or respond to queries, Alkubot is entitled to suspend the publicly accessible portion of the service until User submits completion of documents.
2.4.7. User hereby grants Alkubot a non-exclusive right and license to use the User name, trade names, trademarks, data available from the Alkubot services (conversion rate, revenue, number of used up coupon codes, number of subscribers etc.) and service marks as provided to Alkubot in connection with these T&C: (a) on Alkubot’s own websites, (b) in printed and online advertising, publicity, directories, newsletters, blog posts, case studies and updates describing Alkubot’s Services and (c) in applications reasonably necessary and ancillary to the foregoing.
2.5. Customer rights and obligations
2.5.1. Alkubot is not required to fulfill any obligations in connection with the User under this T&C on the purpose of transferring any goods or providing services. These obligations are not created based on this T&C.
2.5.2. Any obligation to pay the User does not arise on the basis of this T&C.
2.5.3. User accepts and acknowledges Alkubot is entitled to handle this User’s data:
a) name (surname, last name),
b) email address,
c) billing data (Tax number, Company name, Address)
d) phone number
e) cookie data
3. FINANCIAL CONDITIONS
3.1. Trial period
3.1.1. Alkubot offers for the User a free 7-day trial period without the user having to provide his/her payment information.
3.2. Paid subscriptions
3.2.1. Following the 7-day trial period, the User needs a paid subscription package, where the price is determined before taxes, in order to continue using Alkubot account without restrictions.
3.2.2. The applicable VAT rate shall be that in effect on the subscription date of the User. All payments owed to Alkubot are to be made by electronic payment via a valid bank card. Each payment is the subject of an invoice provided to the User’s account. The absence of payment or the default in collection by Alkubot shall result in the deactivation of the User’s account. In the event of termination, payment shall be deemed to have been affected for each commenced period. If the User terminates the contract or does not use Alkubot's services, Alkubot is not required to reimburse the fee.
3.2.3. Alkubot offers one subscription package; that is described below. Other personalized packages are available by contacting us by email at firstname.lastname@example.org. For each subscription, it is up to the Subscriber to integrate their subscription code into the source code of their webshop. The price of the subscription is determined based on the successfully sold items of Alkubot, 1.5% of the price of the sold item.
3.2.4. The subscription may be terminated at any time but will not be refunded. Alkubot will reimburse the fee if the User is not satisfied with the Alkubot Services and request a refund within 30 days of the first payment. In other cases, Alkubot does not provide any refund.
3.2.5. The payment for the subscription is only due in case there is a successful sale made by Alkubot.
3.2.6. A valid credit card is required for accounts to process payment. Alkubot will automatically charge User’s credit card on file based on User’s billing cycle until User validly terminates the Alkubot Services.
3.2.7. Within five (5) working days of the settlement of the payment amount, Alkubot produces an electronic invoice for the User.
3.2.8. All billing invoices and payment notifications will be maintained directly in the User's Shopify account portal or will be delivered to the User’s e-mail address.
4. INTELLECTUAL PROPERTY
4.1. The Site in its entirety (including, without limitation, Alkubot Content, structure, databases, graphics, images, etc.), as well as the Alkubot trademark, the logo, the graphic charter of the Site, and each of its components, are the exclusive property of Alkubot. Any reproduction or representation in whole or in part is strictly forbidden.
4.2. In particular, it is completely forbidden to make a qualitatively or quantitatively substantial extract of the databases placed online on the Site.
4.3. By signing up for Alkubot you enable us to publicly reference you as a client.
4.4. User will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of or included in Alkubot or any software, documentation or data related to the Alkubot Services; modify, translate or create derivative works based on Alkubot or any software; or copy , distribute, pledge, assign or otherwise transfer or encumber rights to Alkubot or any software; use Alkubot or any software for time sharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels.
5. COMMITMENTS AND GUARANTEES
5.1. Exclusive Responsibility of the User
5.1.1. The User shall agree to respect the present T&C and the laws and regulations in effect within the country in which their headquarters are located and the Hungarian law. The User shall be solely responsible for the content and legality of the statements, information, announcements, and – more generally – the content (including the images, sounds, videos, photographs, etc.) of the products and services that he is using Alkubot with. Alkubot, being limited to the distribution of Alkubot Services under the sole responsibility of the User, neither verifies nor checks the content of the products and services offered by the User.
5.2. Rights and Authorizations
5.2.1. Any product or services offered by the User on their website is their full and exclusive responsibility, and they declare and guarantee that they possess all the rights and authorizations necessary for selling those products or services.
5.3. Judicial Scope and Financial Guarantees
5.3.1. Each of the Users shall guarantee Alkubot against any claim and/or action that may be initiated by a third party in any capacity whatsoever and, in particular, anyone who believes that they have any rights over the rights in question relating to the Alkubot Services and shall bear all the costs of the proceedings (including lawyers’ fees) to which Alkubot may be exposed in this respect, as well as all damages and interest which Alkubot may be sentenced to pay.
6. LIABILITY WAIVER
6.1. Alkubot may not in any way guarantee operation without interruption or error. In particular, momentary interruptions due to maintenance, updates, or technical improvements are likely to occur without Alkubot’s liability being able to be engaged in this respect. To the extent possible, Alkubot shall inform User prior to a maintenance or updating operation. Similarly, Alkubot’s liability may not be sought in case of malfunction, impossibility of access or poor user conditions of the Alkubot Services attributable to unsuitable equipment, for disruptions attributable to the host or to the service provider of the User, for congestion in the internet network, and/or for any other reason outside of Alkubot’s control, a fortiori in case of force majeure. Alkubot shall moreover not be liable for indirect damages suffered due to the publication of the Alkubot Services on the users’ site. Alkubot may not be held liable for graphical or typographical errors.
7. PERSONAL DATA
Alkubot processes the personal data of Users privately, in accordance with the legal requirements in force – especially the provisions of Act CXII of 2011 on the Right of Informational Self-Determination and on Freedom of Information („Hungarian Privacy Act”), furthermore the Act CVIII of 2001 on certain issues of electronic commerce services and information society services, Act XLVIII of 2008 on the essential conditions and certain limitations of business advertising activity as well as to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC and Regulation (EU) 2016/679 of the European Parliament (hereinafter as: GDPR) – provides their security, takes all the necessary technical and organizational measures, furthermore forms those procedural rules, which are necessary to comply the relevant legal provisions and other recommendations.
7.1.1. Users are informed consent that Alkubot processes their personal data (“Alkubot Data”) under the following conditions:
a) Subject matter: Alkubot Data are collected directly from Users.
b) Purpose of data processing: The purpose of the processing is the provision of services by Alkubot to Users, which includes billing, account management, support, sales and marketing purposes. Alkubot Data can also be used for statistical purposes given that in such a case, information used will not enabled to identify personally an individual (pseudonymisation by order).
c) The subject of data processing: Alkubot Data collected and processed by Alkubot are identification and contact data (name, surname, professional address, emails, phone numbers) and log-in data (IP addresses, location data, cookies data and logs).
e) Data processor: Akubot shares data with further data processors for the sole purpose of the provision of services by Alkubot to Users on behalf of the data controller. The User gives specific or general written authorization that Alkubot engages further data processors for carrying out specific processing activities in relation with the processing of Alkubot Data. When entrusting a data processor with processing activities, Alkubot uses only processors providing sufficient guarantees, in particular in terms of expert knowledge, reliability and resources, to implement technical and organisational measures which will meet the requirements of the GDPR, including for the security of processing. Where that processors fail to fulfill their data protection obligations, Alkubot is not liable to the User for the performance of processors’ obligations, as the processor and any person acting under the authority of the controller or of the subprocessor, who has access to personal data, shall not process those data except on instructions from the User, unless required to do so by Union or Member State law. At this date, the sub-processors are: Google Tag Manager, Google Analytics, Mailchimp, Braintree, Paypal, Hotjar, Facebook Pixel, LinkedIn Pixel, Twitter pixel, Google Ads remarketing, Google Optimize, Microsoft Ads. The User may object to such changes and terminate this agreement by sending a written notice within such fourteen days of such notice. The Users objection shall be based on reasonable grounds.
7.2. Alkubot as data processor
7.2.1. By displaying the Alkubot Services created with Alkubot and collecting data from internet users (“User Data”), the User agrees that he acts as the data controller. The User declares and warrants that he complies with applicable data protection law (“Data Protection Law”) and in particular with GDPR if he is established in the European Union or if the data subjects concerned by the processing are in the European Union.
7.2.2. Alkubot will act as data processor on behalf of the User under the following conditions:
a) Alkubot processes the User Data only on documented instructions from the User;
b) Alkubot will maintain a record of all categories of processing activities carried out on behalf of the User in accordance with Data Protection Law;
c) Alkubot shall not engage another data processor without prior specific or general written authorisation of the controller. In the case of general written authorisation, the processor shall inform the controller of any intended changes concerning the addition or replacement of other processors, thereby giving the controller the opportunity to object to such changes.
d) Alkubot ensures that persons authorized to process the User Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality;
e) Alkubot takes all appropriate technical and organizational measures to ensure a level of security appropriate to ensure the security and the confidentiality of User Data. User shall review any information made available by Alkubot relating to data security to verify whether the services meet Users requirements and legal obligations under the Data Protection Law;
f) Taking into account the nature of the processing, Alkubot assists the User by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of the Users obligation to respond to requests for exercising the data subject’s rights;
g) Alkubot assists the User in ensuring compliance with the obligations related to the security of a data processing, to the notification of a data breach to the supervisory authority, to the communication of data breach to the data subject, to the data protection data assessment and for prior consultation to the supervisory authority;
h) Alkubot shall notify the User within forty-eight (48) hours after becoming aware of a personal data breach. This notification will describe the nature of the personal data breach including where possible, the categories and approximate number of data subjects concerned and the categories and approximate number of User Data records concerned, describe the likely consequences of the personal data breach and describe the measures taken or proposed to be taken by the controller to address the personal data breach, including, where appropriate, measures to mitigate its possible adverse effects. Where, and in so far as, it is not possible to provide the information at the same time as the notification, the information may be provided in phases without undue further delay;
i) At the choice of User, Alkubot deletes or returns all User Data to the User after the end of the provision of services relating to processing, and deletes existing copies unless applicable Data Protection Law requires storage of the personal data;
j) Alkubot makes available to User all information necessary to demonstrate compliance with the obligations laid down in this Article and allow for and contribute to audits, including inspections, conducted by the User or another auditor mandated by the User. Alkubot will inform the User if, in its opinion, an instruction infringes applicable Data Protection Law.
7.3.1. Alkubot may store information on Users hardware in the form of “cookies”. A cookie is a small file sent by Alkubot server stored in the User hardware to save data concerning website navigation. The information contained in cookies is stored only for the strictly necessary period, which shall not, in any case, exceed 5 years. At the end of this period, Users will have to renew their consent for the installation of cookies.
7.3.2. Cookies are necessary for Alkubot to improve the Users’ experience, to measure the traffic on the website, to ensure the integrity of registration process, to filter unauthorized IP address. For these cookies, Users have to give a prior consent by clicking on the accept button, on the banner which posted on the website, before any installation on the hardware computer and use of Alkubot services.
8.1. In case of violation or fraud by a User of the present T&C, Alkubit reserves the right to immediately suspend or even permanently close, without notice and as of right, the User’s account.
8.2. Each User may terminate the subscription by contacting Alkubot at email@example.com or within the client’s account at any time. However, no refund will be issued by Alkubot to the User.
8.3. The termination of the User’s account will result in the suspension of all Alkubot Services from the User’s account after the end of the ongoing paid period.
8.4. In the event that the User may use the elements of their personal account contrary to their intended purpose, Alkubot reserves the right to terminate their account without warning. The User shall be solely responsible for the use of their identification elements by third parties and for the actions or statements made through their account, whether or not they are fraudulent. The User shall guarantee Alkubot against any claims in this respect.
8.5. Any registration taking effect as of the date of subscription to the subscription package. After the initial period, the registration shall be tacitly renewed if it has not been terminated.
9.1. If one or several provisions of the present T&C are deemed to be invalid or are declared as such under any law or regulation or following a definitive decision by a competent court, the other stipulations shall retain their full force and scope.
9.2. In case of contradiction between the titles assigned to the articles of the present T&C and their content, only the content shall prevail.
9.3. Alkubot declares that it elects domicile at its headquarters as mentioned at the beginning of the present document, and the User declares that he/she elects domicile at his/her headquarters as indicated on the Form. Any change in contact information must be duly notified to the other party. Failing that, any such changes may be deemed unenforceable.
9.4. During the User’s visit to the Site, certain information, including the visitor’s IP address, is recorded in files called “cookies” installed on the User’s computer, subject to the choices that the User has made concerning cookies, which may be modified.
9.5. The present general terms are governed by Hungarian law.
9.6. Both Alkubot and User will do everything in their best power to resolve any disputes or disagreements that may arise between them regarding the framework of these T&C, through direct negotiation. Parties are obliged to inform each other about any and all obstacles arising after the conclusion of the contract, specifically circumstances hindering the completion of the contract having learnt about the fact without delay. The laws of Hungary will govern the validity and construction of these T&C and any dispute arising out of or relating to these T&C, without regard to the principles of conflict of laws. Customer hereby consents (and waives all defenses of lack of personal jurisdiction and forum non conveniens) with respect to the jurisdiction and venue of the federal and state courts located in Fejér County, Hungary. Customer agrees to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of these SCTC.
Budapest, 30 Marh, 2020