AIDO Chat, together with its affiliates ("AIDO Chat", "we", "our" or "us"), provides certain technology services (collectively, the "Services"). This Privacy Policy ("Policy") describes how we collect, use, disclose and protect information from and about you through the Services, our website https://aidochat.aido.biz, any other website or mobile application that links to this Policy (the "Site"), and any other interactions (e.g., customer service and other communications) that you may have with AIDO Chat.
PLEASE READ THIS POLICY CAREFULLY TO UNDERSTAND HOW WE HANDLE YOUR INFORMATION. IF YOU DO NOT AGREE TO THIS POLICY, PLEASE DO NOT USE THE SERVICES.
Scope of this Policy For purposes of this Policy:
However, this Policy does not cover information about Customer End Users that AIDO Chat receives from Customer, or otherwise processes on Customer's behalf, in connection with the Services provided by AIDO Chat to Customer pursuant to the AIDO Chat Terms of Service. If you are a Customer End User and you have questions about how your information is collected and processed through the Services, please contact the organization (AIDO Chat Customer) who has provided your information to us for more information.
The Information We Collect
We collect, store, and use certain information from or about you for the purposes described below:
Information You Provide To Us
We collect a variety of information that you provide directly to us. For example, we collect information from you when you:
Information We Collect Through Automated Means
When you use our Site or Services, we and our service providers (who are third parties that perform services on our behalf) may automatically collect certain information about your device and how you use the Site or Services, including your IP address, browser type, browser language, operating system, the state or country from which you accessed the Site or Services, software and hardware attributes (including device IDs), number of clicks, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time you used the Site or Services, and other similar information. From your IP address, we may be able to infer your general location (e.g., city/state or postal code).
To collect this information, we and our service providers may use "cookies" or similar tools that track, measure, and analyze the behaviors and usage patterns of our users. Cookies are small data files that can be stored on your browser and device so we can recognize you when you return. We use cookies for analytics purposes, to deliver certain features of the Site or Services, to help us u nderstand how users engage with the Site or Services, and to improve your experience. You may set your web browser to notify you when you receive a cookie and to accept or refuse certain cookies. However, if you elect not to accept cookies, some functionality and areas of the Site or Services may be restricted. To learn how to manage your cookies, please follow the instructions from your specific browser, or if accessing the Site or Services via a mobile device, refer to the manufacturer's instructions. For more details, please refer to our Cookie Policy.
Information We Collect From Others
From time to time, we may collect information about you from other sources, including our affiliates, marketing vendors, and third-party databases. We use this information to supplement the information that we collect directly from you and for any of the purposes described in the next section.
When you "like" or "follow" us on Facebook, LinkedIn, Twitter or other social media sites, we may collect some information from you including your name, email address, and any comments or content you post relevant to us.
How We Use Your Information
We use your information for various purposes depending on the types of information we have collected from and about you to
Aggregate/De-Identified Information: We may aggregate and/or de-identify any information collected through our Services so that such information can no longer be linked to you or your device ("Aggregate/De-Identified Information"). We may use such information for any purpose, including without limitation for research and marketing purposes, and may also share such data with any third parties, including advertisers, partners, and sponsors.
Legal Bases For Use Of Your Information
The legal bases for using your information as set out in this Policy are as follows:
Online Analytics And Advertising
1. Analytics. We may use third-party web analytics services (such as those of Google Analytics) on our Site or Services to collect and analyze usage information through cookies and similar tools; engage in auditing, research, or reporting; assist with fraud prevention; and provide certain features to you. If you receive email from us, we may use certain analytics tools to capture data such as when you open our message or click on any links or banners our email contains. This data allows us to gauge the effectiveness of our communications and marketing campaigns.
2. Third Party Advertisers. We may partner with third parties to either display advertising on our Services or to manage our advertising on other websites or apps. Our third party advertisers may use Tracking Technologies to gather information about your activities on our Services and other websites and apps in order to provide you advertising based upon your browsing activities and interests.
How We Share And Disclose Your Information
We will share your information in the following ways:
Retention Of Your Information
We keep your information for no longer than necessary for the purposes for which it is processed. The length of time for which we retain information depends on the purposes for which we collect and use it and/or as required to comply with applicable laws.
Your Rights And Your Choices
You have certain rights with respect to your information as further described in this section.
Your Legal Rights
If you would like further information in relation to your legal rights under applicable law or would like to exercise any of them, please contact us using the information in the "Contact Information" section below at any time. Your local laws (e.g., if you are a citizen or resident of the European Economic Area or California) may permit you to request that we:
Such laws may also permit you to revoke your consent to the processing of your information for certain purposes. We will consider all requests and provide our response within the time period stated by applicable law and as otherwise required by applicable law. Please note, however, that certain information may be exempt from such requests in some circumstances, which may include if we need to keep processing your information for our legitimate interests or to comply with a legal obligation. We may request you provide us with information necessary to confirm your identity before responding to your request.
If you are a Customer End User and your information has been collected by AIDO Chat as a result of our Customer's use of the Services pursuant to the AIDO Chat Terms of Service between Customer and AIDO Chat, AIDO Chat collects and processes any information of yours under the directions of the relevant Customer. If these circumstances apply to you and you wish to access, correct, delete or exercise any rights you may have under applicable data protection laws with respect to any information that we have collected about you, please direct your query to the relevant Customer, as this may expedite the completion of your request. We will provide reasonable assistance to our Customers to give effect to data subject rights as appropriate and required by applicable laws.
Marketing Communications
If, in accordance with applicable legal requirements, we send you marketing communications regarding our Services or the services of third parties that we believe will be interesting to you, you can ask us to stop sending such communications at any time by contacting us using the information in the "Contact Information" section below. In our marketing email messages, you can also opt out by following the instructions located at the bottom of such emails. Please note that, regardless of your request, we may still use and share certain information as permitted by this Policy or as required by applicable law. For example, you may not opt out of certain transactional emails from us, such as those confirming your requests or providing you with updates regarding our Policy or other terms.
Third Party Links And Features
Our Services may contain links to third-party websites. If you choose to visit these sites and use their services, please note that we are not responsible for their content or privacy practices. The collection, use, and disclosure of your information will be subject to the privacy policies of the third-party websites, and not this Policy. We urge you to read the privacy policies of these third parties.
International Users
Your information is maintained and processed by us and our third-party service providers in the United States and elsewhere. Thus, your information may be maintained, processed, and stored in other jurisdictions that may have different data protection laws than those in your country of residence. In the event that your information is transferred in these ways, please note that we comply with applicable legal requirements governing the transfer of information across borders. By using the Services, you agree to and acknowledge these transfers.
How We Protect Your Information
AIDO Chat takes a variety of technical and organizational security measures to protect the information provided to us from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. However, no Internet or email transmission is ever fully secure or error free. Please keep this in mind when disclosing any information to us online.
Changes To Our Policy
We reserve the right to amend this Policy at any time to reflect changes in the law, our data collection and use practices, or advances in technology. We will make the revised Policy accessible on the AIDO Chat website, so you should review the Policy periodically. You can know if the Policy has changed since the last time you reviewed it by checking the "Last Updated" at the end of the document. By continuing to use the Services, you are confirming that you have read and understood the latest version of this Policy.
Contact Information
AIDO Chat welcomes your comments and questions regarding this Policy and the collection and use of your information. If you have questions or concerns, please email us at [email protected]
Last Updated: March 10, 2024
AIDO Chat Terms of Service
1. This AIDO Chat Terms of Service (this “TOS”) is entered into by and between AIDO International, a Delaware corporation (“AIDO Chat”) and Customer (as defined below) and shall apply to Customer’s use of AIDO Chat’s software-as-a-service (“AIDO Chat Service”). This TOS and related exhibits represent the parties’ entire understanding regarding the AIDO Chat Service and shall control over any different or additional terms of any purchase order or other non- AIDO Chat ordering document, and no terms included in any such purchase order or other non- AIDO Chat ordering document shall apply to the AIDO Chat Service. “Customer” means, as applicable, the user and/or the company or other legal entity represented by such user in its use of the AIDO Chat Service. You represent that you have the authority to bind Customer to the terms of this TOS. If you do not agree to the terms of this TOS, or if you are not authorized to accept this TOS on behalf of your organization or entity, do not access or use any of the AIDO Chat Service.
2. AIDO Chat Service
2.1. Provision of AIDO Chat Service. Subject to the terms and conditions of this TOS, AIDO Chat will make the AIDO Chat Service available to Customer pursuant to this TOS, and hereby grants Customer a non-exclusive right to access and use the AIDO Chat Service.
2.2. Data Security. (a) AIDO Chat will maintain a security program materially in accordance with industry standards that is designed to (i) ensure the security and integrity of Customer data uploaded by or on behalf of Customer to the AIDO Chat Service (“Customer Data”); (ii) protect against threats or hazards to the security or integrity of Customer Data; and (iii) prevent unauthorized access to Customer Data. (b) To the extent that AIDO Chat processes any Personal Data (as defined in the DPA referenced below) contained in Customer Data that is subject to Data Protection Legislation (as defined in the DPA), on Customer’s behalf, in the provision of the AIDO Chat Service, the Data Processing Addendum (“DPA“) is hereby deemed incorporated herein by reference and can be found here: [https://ABC/terms-of-service].
2.3. Customer Responsibilities.
(a) Customer Equipment. Customer will be responsible for obtaining and maintaining any equipment, software and ancillary services needed to connect to, access or otherwise use the AIDO Chat Service, including as set forth in the Documentation (as defined below). Customer will be solely responsible for its failure to maintain such equipment, software and services, and AIDO Chat will have no liability for such failure. “Documentation” means the instructions, on-line help files, technical documentation and user manuals made available by AIDO Chat for the AIDO Chat Service.
(b) Technology Restrictions. Customer will not directly or indirectly: (i) reverse engineer, decompile, disassemble, modify, create derivative works of or otherwise create, attempt to create or derive, or permit or assist any third party to create or derive, the source code underlying the AIDO Chat Service; (ii) attempt to probe, scan or test the vulnerability of the AIDO Chat Service, breach the security or authentication measures of the AIDO Chat Service without proper authorization or willfully render any part of the AIDO Chat Service unusable; (iii) use or access the AIDO Chat Service to develop a product or service that is competitive with AIDO Chat products or services or engage in competitive analysis or benchmarking; (iv) transfer, distribute, resell, lease, license, or assign the AIDO Chat Service or otherwise offer the AIDO Chat Service on a standalone basis; or (v) otherwise use the AIDO Chat Service in violation of applicable law (including any export law) or outside the scope expressly permitted hereunder and in the applicable Order Form.
(c) Privacy Policy. Customer will be responsible for all use of the AIDO Chat Service under its account, and Customer shall comply with the AIDO Chat Privacy Policy found here: [https://ABC.com/AUP.
2.4. Third-Party Materials Certain features of the AIDO Chat Service are integrated with and rely on third party content, information, products and services that Customer chooses to use with the AIDO Chat Service (“Third-Party Materials”). Accordingly, Customer acknowledges and agrees that the availability and performance of certain features will be subject to the availability and performance of such Third-Party Materials for which they are dependent. Any Third-Party Materials utilized by Customer in connection with the AIDO Chat Service, whether purchased or accessed by Customer directly, or made available as an integration by AIDO Chat, is subject to the applicable third-party license and Customer is solely responsible for abiding by such third-party licenses.
2.5. Service Updates AIDO Chat reserves the right to make changes and updates to the AIDO Chat Service. Customer acknowledges and agrees that its subscription and use is not contingent upon the delivery of any future functionality, and AIDO Chat makes no guarantee that any future functionality or features will be delivered.
3. Fees
3.1. Fees To the extent the AIDO Chat Service or any portion thereof is made available for any fee, Customer will be required to select a payment plan and provide AIDO Chat information regarding Customer’s credit card or other payment instrument. Customer represents and warrants to AIDO Chat that such information is true and that you are authorized to use the payment instrument. Customer will promptly update your account information with any changes (for example, a change in your billing address or credit card expiration date) that may occur. Customer agrees to pay AIDO Chat the amount that is specified in the payment plan in accordance with the terms of such plan and this TOS. Customer hereby authorizes AIDO Chat to bill your payment instrument in advance on a periodic basis in accordance with the terms of the applicable payment plan until Customer terminates its account, and Customer further agrees to pay any charges so incurred. If Customer disputes any charges you must let AIDO Chat know within thirty (30) days. We reserve the right to change AIDO Chat prices. If AIDO Chat does change prices, AIDO Chat will provide notice of the change on the website or in email to Customer, at AIDO Chat’s option, at least 30 days before the change is to take effect. Customer’s continued use of the AIDO Chat Service after the price change becomes effective constitutes Customer’s agreement to pay the changed amount. Customer shall be responsible for all taxes associated with the AIDO Chat Service other than U.S. taxes based on AIDO Chat’s net income.
3.2. Late Payment AIDO Chat may suspend access to the AIDO Chat Service immediately upon notice if Customer fails to pay any amounts hereunder at least five (5) days past the applicable due date. If AIDO Chat has not received payment within five (5) days after the applicable due date, interest will accrue on past due amounts at the rate of one percent (1%) per month, but in no event greater than the highest rate of interest allowed by law, calculated from the date such amount was due until the date that payment is received by AIDO Chat.
3.3. Taxes All amounts payable hereunder are exclusive of any sales, use and other taxes or duties, however designated (collectively “Taxes”). Customer will be solely responsible for payment of all Taxes, except for those taxes based on the income of AIDO Chat. Customer will not withhold any Taxes from any amounts due to AIDO Chat.
4. Proprietary Rights
4.1. Proprietary Rights
4.1. As between the parties, AIDO Chat exclusively owns all right, title and interest in and to the AIDO Chat Service, System Data (as defined below) and the Documentation, and Customer exclusively owns all right, title and interest in and to the Customer Data, insights produced specifically for Customer via the use of the AIDO Chat Service by Customer (which will constitute Customer Data for purposes hereof). “System Data” means data collected by AIDO Chat regarding the AIDO Chat Service that may be used to generate logs, statistics or reports regarding the performance, availability, usage, integrity or security of the AIDO Chat Service.
4.2. Feedback
Customer may from time to time provide AIDO Chat suggestions or comments for enhancements or improvements, new features or functionality or other feedback (“Feedback”) with respect to the AIDO Chat Service. AIDO Chat will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features or functionality. AIDO Chat will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate and otherwise fully exercise and exploit any such Feedback in connection with its products and services.
4.3. Product Improvement and Aggregated Statistics
Customer further agrees that AIDO Chat has the right to aggregate, collect and analyze Customer Data and other information relating to the performance of the AIDO Chat Service and shall be free (during and after the term hereof) to (a) use such data and other information to improve AIDO Chat’s products and services, and (b) disclose such data and other information solely in an aggregated and anonymized format that does not identify Customer or any individual.
5. Warranties and Disclaimers
5.1. Customer Warranty Customer warrants that it has all rights necessary to provide any information, data or other materials that it provides hereunder, and to permit AIDO Chat to use the same as contemplated hereunder.
5.2. DISCLAIMERS EXCEPT AS EXPRESSLY SET FORTH HEREIN, EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. AIDO Chat SERVICE IS PROVIDED “AS-IS” AND AIDO Chat DOES NOT REPRESENT OR WARRANT THAT THE AIDO Chat SERVICE WILL BE ERROR-FREE. AIDO Chat IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD-PARTY MATERIAL, DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY INTEGRATION THEREWITH, AND MAY CEASE MAKING ANY SUCH INTEGRATION AVAILABLE IN ITS DISCRETION.
5.3. BETA PRODUCTS FROM TIME TO TIME, CUSTOMER MAY HAVE THE OPTION TO PARTICIPATE IN A PROGRAM WITH AIDO Chat WHERE CUSTOMER GETS TO USE ALPHA OR BETA PRODUCTS, FEATURES OR DOCUMENTATION (COLLECTIVELY, “BETA PRODUCTS”) OFFERED BY AIDO Chat. THE BETA PRODUCTS ARE NOT GENERALLY AVAILABLE AND ARE PROVIDED “AS IS”. AIDO Chat DOES NOT PROVIDE ANY INDEMNITIES, SERVICE LEVEL COMMITMENTS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, IN RELATION THERETO. CUSTOMER OR AIDO Chat MAY TERMINATE CUSTOMER’S ACCESS TO THE BETA PRODUCTS AT ANY TIME.
6. Confidentiality.
“Confidential Information” means any information or data disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, “Confidential Information” will not include any information which (a) is in the public domain through no fault of receiving party; (b) was properly known to receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information. Each party agrees that it will use the Confidential Information of the other party solely in accordance with the provisions of this Agreement and it will not disclose the same directly or indirectly, to any third party without the other party’s prior written consent, except as otherwise permitted hereunder. However, either party may disclose Confidential Information (i) to its employees, officers, directors, attorneys, auditors, financial advisors and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (ii) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law. Each party agrees to exercise due care in protecting the Confidential Information from unauthorized use and disclosure. In the event of actual or threatened breach of the provisions of this Section 6, the non-breaching party will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it. Each party will promptly notify the other in writing if it becomes aware of any violations of the confidentiality obligations set forth in this Agreement.
7. Indemnification Customer shall defend, indemnify, and hold harmless AIDO Chat from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from your breach of this TOS, or your other access, contribution to, use or misuse of the AIDO Chat reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, Customer agrees to cooperate with any reasonable requests assisting AIDO Chat’s defense of such matter.
8. Limitation of Liability UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL AIDO Chat BE LIABLE TO THE CUSTOMER FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, EVEN IF CUSTOMER HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AGGREGATE DAMAGES, COSTS, OR LIABILITIES IN EXCESS OF THE AMOUNTS PAID BY CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
9. Termination
9.1. Term Termination
The term of this TOS will continue for the Customer’s subscription term. Each party may also terminate an applicable subscription term upon written notice in the event (a) the other party commits any material breach of this TOS and fails to remedy such breach within thirty (30) days after written notice of such breach or (b) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings or assignment of substantially all its assets for the benefit of creditors, or if the other party become the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days.
9.2. Survival
Upon expiration or termination of this TOS all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such expiration or termination will survive, including terms and conditions relating to proprietary rights, technology restrictions, disclaimers, indemnification, limitations of liability and termination and the general provisions below.
10. General
10.1. Assignment; Delegation Neither party hereto may assign or otherwise transfer this TOS, in whole or in part, without the other party’s prior written consent, except that either party may assign this TOS without consent to a successor to all or substantially all of its assets or business related to this TOS. Any attempted assignment, delegation, or transfer by either party in violation hereof will be null and void. Subject to the foregoing, this TOS will be binding on the parties and their successors and assigns.
10.2. Amendment; Waiver AIDO Chat reserves the right in its sole discretion and at any time and for any reason to modify this TOS. Any modifications to this TOS shall become effective upon the date of Customer’s next renewal. It is Customer’s responsibility to review this TOS from time to time for any changes or modifications. If Customer does not agree to the modified TOS, Customer may provide notice of Customer’s non-renewal at any point prior to the Customer’s next renewal. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any such waiver will be only to the specific provision and under the specific circumstances for which it was given, and will not apply with respect to any repeated or continued violation of the same provision or any other provision. Failure or delay by either party to enforce any provision of this TOS will not be deemed a waiver of future enforcement of that or any other provision.
10.3. Unenforceability If a court of competent jurisdiction determines that any provision of this TOS is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of this TOS will remain in full force and effect and bind the parties according to its terms.
10.4. Governing Law This TOS will be governed by the laws of the State of California, and any action brought hereunder shall be exclusively in the federal courts in the City and County of San Francisco, CA USA. This TOS will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
10.5. Entire Agreement This TOS comprises the entire agreement between Customer and AIDO Chat with respect to its subject matter, and supersedes all prior and contemporaneous proposals, statements, sales materials or presentations and agreements (oral and written). No oral or written information or advice given by AIDO Chat, its agents or employees will create a warranty or in any way increase the scope of the warranties in this TOS.