“Unleash.us” (“Unleash.us”, “we”, “our”, or “us”) provides an online software platform that enables developers and users to build and deploy (“chatbots”) for devices and software applications (the “Unleash.us Bot Platform”).
These API Terms of Service include the legal terms that we require all developers and users to accept and implement as a condition of accessing or using the Unleash.us Bot platform ”, including any documentation, materials, code, data (such as Expressions, Intents, and Entities, each as defined below), and other information or materials made available to you by Unleash.us.
Unleash.us reserves the right to make unilateral modifications to these terms and may or may not provide notice of these changes as described below.
BY USING OR CONTINUING TO USE THE UNLEASH.US PLATFORM YOU AGREE TO USE THE UNLEASH.US PLATFORM AND UNLEASH.US CONTENT SOLELY IN ACCORDANCE WITH THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. YOU WARRANT THAT YOU ARE AT LEAST THIRTEEN (13) YEARS .IF YOUNGER THAN 18 YEARS OLD, YOUR LEGAL GUARDIAN MUST AGREE TO THESE TERMS ON YOUR BEHALF.. IF YOU ACCESS OR USE THE UNLEASH.US PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM “YOU” WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THESE API TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE UNLEASH.US PLATFORM.
Accounts and Registration
- You need to use a current Unleash.us account or create a new Unleash.us account in order to use the Platform and APIs.
- You may use the Unleash.us Platform only if you can form a binding contract with Unleash.us, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
- Any use or access to the Website, APIs ,or Unleash.us Platform by anyone under 13 is strictly prohibited and in violation of these Terms.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You are solely responsible for the activity that occurs on your account (including, without limitation, any Customer Data and Profile Content provided under or through your account.)
- You may create a Unleash.us account via any registration methods we may provide from time to time, in our sole discretion. By connecting to the Unleash.us Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It’s your responsibility to keep your password, account credentials, and accounts secure. You must notify Unleash.us immediately if any unauthorized use, or suspected unauthorized use, of your Unleash.us account occurs or if any other breach of security occurs.
- You may never use another user’s account without permission. Your login may only be used by one person. A single login shared by multiple inliiduals is not permitted.
- You acknowledge that Unleash.us is not liable for any loss or damage arising from your failure to comply with the above requirements.
- You may be required to provide certain information (e.g., your contact details, description of your product or service, your targeted number of users, etc.) as part of the registration process to access the Unleash.us platform, or as part of your continued use of the Unleash.us platform.
- You agree that any registration information you give to Unleash.us will always be accurate and up to date, and you agree to promptly notify Unleash.us of any changes in your account information.
Use of Unleash.us Platform
Right to Access and Use of Unleash.us Platform.
Subject to the terms and conditions of these Terms, Unleash.us grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Unleash.us Platform, solely to the extent necessary for you to create an interface that operates solely in connection with your bots and/or Applications.
You will access (or attempt to access) an API and/or Unleash.us Platform only as expressly permitted by these Terms and the means described in the documentation or instructions Unleash.us provides.
API Calls and messages Calls.
Unleash.us may set limits on the number of API and message Calls calls that you can make at its sole discretion, for example in the interest of service stability. If you exceed these limits, Unleash.us may throttle your activity or cease offering you access to the APIs altogether in Unleash.us’s sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.
We do not guarantee the accuracy of any Unleash.us Content, including any output generated in connection with your use of the Unleash.us APIs or Unleash.us Platform. You acknowledge and agree that you use and rely on the Unleash.us APIs and the Unleash.us Platform at your own risk, and that Unleash.us will not be liable for any errors or inaccuracies of any Unleash.us APIs or the Unleash.us Platform.
Unleash.us may, but is under no obligation to, monitor the use of the Unleash.us APIs and platform to ensure quality, improve Unleash.us products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.
Compliance with Law.
You will use our APIs and the Unleash.us Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Unleash.us Content to encourage or promote illegal or dangerous activity. You also will require any end users of your bots or Applications End Users to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.
When using any Unleash.us APIs and/or the Unleash.us Platform, unless otherwise approved in writing by Unleash.us, the following prohibitions apply:
- You will not use the APIs or Unleash.us Platform on behalf of any third party, unless such third party has expressly authorized you to access and use the Unleash.us Platform under its account.
- You will not copy, rent, lease, sell, transfer, assign, sublicense, dissemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website, APIs, other Unleash.us Content, or the Unleash.us Platform.
- You will not create an Application that functions substantially the same as the APIs or Unleash.us Platform and offer it for use by third parties.
- You will not use the Unleash.us APIs or Unleash.us Platform in connection with any bots or Application that is targeted to children under the age of thirteen (13).
- You will not perform an action with the intent of introducing to the Website, or Unleash.us Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.
- You will not use the Unleash.us Platform, or access or control any customer accounts, products, Bots, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.
- You will not use the APIs, or the Unleash.us Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful in Unleash.us’s sole discretion to Unleash.us, its service providers, its suppliers, end users of the Unleash.us Platform, End Users, or any individual or entity.
- You will not use the APIs, or the Unleash.us Platform in connection with any inherently dangerous objects, Bots, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.
- You will not: (i) interfere with or disrupt the Website, Unleash.us Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by Unleash.us to make the Website, or Unleash.us Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Unleash.us or (iv) permit others to do any of the foregoing.
Unleash.us reserves the right to investigate any Bot or Application for compliance with these Terms. Such investigations may include Unleash.us accessing and using your Device or Application, for example to identify stability or security issues that could affect Unleash.us or its customers. You consent to any such investigation. Unleash.us may immediately suspend or terminate access to the Website, APIs, and the Unleash.us Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.
Privacy and Security
Unleash.us cares about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Content, the Unleash.us Platform, or any authorized or unauthorized use of your Device or Application.
Ownership and License
Your Bots, Applications, and Customer Data.
Unleash.us does not acquire ownership of your Bots, Applications, or Customer Data by your use of the APIs or Unleash.us Platform. You represent and warrant that you have the necessary rights to provide all Customer Data, including without limitation, End User Data and Profile Content, and other information you make available in connection with your use of the Unleash.us Platform and to grant all rights and licenses under these Terms. Without limiting the foregoing, if you are using the Unleash.us Platform on behalf of your employer or any third party, you represent and warrant that your employer or such third party has expressly authorized you to make available and use any content, data, or information that you use or make available in connection with your use of the Unleash.us Platform. You further represent and warrant that your Customer Data (including, without limitation, End User Data and Profile Content), Applications, and/or Bots, and any use thereof in connection with the Unleash.us Platform will not violate the rights of any third party, including but not limited to, intellectual property rights, trade secret rights or other proprietary rights, or rights of privacy, or violate any applicable laws, rules, or regulations.
Customer Data Rights and License.
By using our Website, APIs, Unleash.us Platform, you do not acquire ownership of any rights in our Website, APIs, the Unleash.us Platform, or any data, content or information that is transmitted or accessed through our APIs, including without limitation, any Expressions, Intents, Entities, or other data provided by Unleash.us or other Unleash.us users. Except for your Customer Data, as between you and Unleash.us the Unleash.us Platform, and all data, content, and information that is contained in or transmitted or accessed through our APIs and/or the Unleash.us Platform, including, without limitation, software, Expressions, Intents, Entities, machine learning models, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and data belonging to other users, and all intellectual property rights related thereto, are the exclusive property of Unleash.us and its licensors.
If we receive any feedback, suggestions, ideas, reports, or other information relating to any Unleash.us Content or any Unleash.us products or services, we may use such information without obligation to you.
Updates to APIs and Platform
We reserve the right to modify or update the Website, Unleash.us Content and/or Unleash.us Platform at any time, for any reason, and without notice to you. If Unleash.us makes updates, revisions, breaking changes or in any way modifies an API or other Unleash.us Content, you agree that you are solely responsible for making changes to your Device or Application to ensure continued service for your End Users. We are constantly changing and improving our APIs and Unleash.us Platform We may add or remove functionalities or features at our discretion, for any reason, and we do not guarantee that your Device or Application will function with any future or modified versions of any Unleash.us Content or the Unleash.us Platform.
Branding and Attribution
Except where expressly stated, these Terms do not grant either party any right, title or interest in or to the other party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features (collectively, “Marks”).
You agree to display any attribution(s) required by Unleash.us as described in any documentation for the APIs or other Unleash.us Content. Unleash.us grants to you a limited, freely revocable, nontransferable, nonsublicenseable, nonexclusive license during the term of your subscription to display Unleash.us’s Marks solely for the purpose of promoting or advertising that your use the APIs and/or Unleash.us Platform. You must only use the Unleash.us Marks in accordance with these Terms. You understand and agree that Unleash.us has the sole discretion to determine whether your attribution(s) and use of Unleash.us’s Marks is in accordance with the above requirements and any applicable guidelines.
You will not make any statement regarding your use of a Unleash.us Service that suggests partnership with, sponsorship by or endorsement by Unleash.us without Unleash.us’s prior written approval or automatically done by Unleash.us.
Promotional and Marketing Use.
In the course of promoting, marketing, or demonstrating the Unleash.us Services you are using, Unleash.us may produce and distribute incidental depictions, including screenshots, video, or other content from your Application or Device, and may use your company or product name and logos. You hereby grant Unleash.us all necessary rights for these purposes.
You may change your plan or stop using our Services at any time. If you want to terminate your account and these Terms, you must email us at [email protected] and inform us of your intention to cancel your account “Termination Notice”. At that point, you can request to get a copy of your data (Expressions, Intents, and Entities). Subject to the post-termination obligations and the surviving provisions set forth in these Terms, upon our written acknowledgement of our receipt of your Termination Notice, these Terms will terminate. Unleash.us has the right to immediately terminate these Terms or discontinue your use of the Website, Unleash.us Platform, the APIs and other Unleash.us Content or any portion or feature thereof for any reason and at any time without liability or other obligation to you. Upon any termination or expiration of these Terms or discontinuation of your access to any Unleash.us Service, you must immediately cease all use of the Unleash.us Platform, any Unleash.us Content (including the APIs), and Unleash.us Marks and delete all copies thereof.
The Unleash.us Services and Unleash.us platform are provided on an “as is” and “as available” basis. Use of the Unleash.us platform is at your own risk. To the maximum extent permitted by applicable law, the Unleash.us platform is provided without warranties of any kind, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WITH OR THROUGH Unleash.us PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Unleash.us, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE Unleash.us CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE Unleash.us CONTENT OR Unleash.us PLATFORM WILL MEET YOUR REQUIREMENTS; THAT THE Unleash.us CONTENT OR Unleash.us PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE Unleash.us CONTENT OR Unleash.us PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE Unleash.us CONTENT OR Unleash.us PLATFORM IS DOWNLOADED AND USED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE Unleash.us CONTENT OR Unleash.us PLATFORM.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Unleash.us, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE Unleash.us PLATFORM. UNDER NO CIRCUMSTANCES WILL Unleash.us BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE Unleash.us PLATFORM OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Unleash.us ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF Unleash.us PLATFORM (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF THE Unleash.us PLATFORM (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE Unleash.us PLATFORM (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE Unleash.us PLATFORM BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY Unleash.us CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY Unleash.us CONTENT OR OTHER CONTENT OR DATA TRANSMITTED OR OTHERWISE MADE AVAILABLE THROUGH THE Unleash.us PLATFORM AND/OR (VII) CUSTOMER DATA OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL Unleash.us, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO Unleash.us HEREUNDER IN THE TWELVE (12) MONTHS PRIOR TO THE DATE THE LAST CAUSE OF ACTION AROSE.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF Unleash.us HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
You acknowledge that the Unleash.us Platform may allow you to control Bots, Applications, and other third-party objects, which may affect the safety of End Users, other individuals, and property. You acknowledge that your use of the Unleash.us Platform could lead to injury of individuals or damage or destruction of property. In using the Unleash.us Platform, you must design and test your Bots and Applications to ensure that your Bots and Applications do not present risks of personal injury or death, property damage, or other losses. You must implement all reasonable security measures to ensure that no third party may gain unauthorized access to the Unleash.us Platform. If you choose to use the Unleash.us Platform in any way, you assume all risk that your use of the Unleash.us Platform causes any damage, harm, injury, or loss, including without limitation to any End Users or other individuals or property. You agree that you are solely responsible for any damage, harm, injury, or loss arising from or relating to your Device or Application or your use of any Unleash.us Content or the Unleash.us Platform, and you agree to hold us harmless from all such damage, harm, injury, or loss.
You agree to defend, indemnify and hold harmless Unleash.us and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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 arising from: (i) your use of and access to the Unleash.us Content (including the APIs) or Unleash.us Platform, including any data or content transmitted or received by you; (ii) your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof; (iv) your violation of any applicable law, rule or regulation; (v) any of your Customer Data or any that is transmitted via your account; (vi) any personal injury or property damage arising from or relating to your use of the Unleash.us Content or Unleash.us Platform or any authorized or unauthorized use of your Device or Application; or (vii) any other party’s access and use of the Unleash.us Content or Unleash.us Platform with your unique username, password or other appropriate security code.
Other Legal Terms and Conditions
These Terms do not impair Unleash.us’s right to develop, manufacture, purchase, use or market, directly or indirectly, alone or with others, products or services competitive with those offered by you.
Our communications to you may contain Unleash.us confidential information. If you receive any materials or communications that are clearly confidential or marked confidential, then you will not disclose the Unleash.us confidential information to any third party without Unleash.us’s prior written consent.
Notifications and Modification.
Unleash.us may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Unleash.us in our sole discretion. Unleash.us reserves the right to determine the form and means of providing notifications to our users. Unleash.us is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Unleash.us may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the ‘last modified’ date at the top of this page. Your continued use of the Unleash.us Platform after any such change constitutes your acceptance of the new Terms of Service. If you do not agree to any of these Terms or any future Terms of Service, do not use or access (or continue to access) the Unleash.us Content or Unleash.us Platform.