End User Terms CHATHIVE - Software as a Service (SaaS)
Article 1 - Definitions
“Recipient of the Services” means or refers to any private or professional person who purchases Services from CHATHIVE, as well as anyone who deals with CHATHIVE in the name and on behalf of a legal entity. Private customers are considered to be at least 18 years old.
“End User Terms” means or refers to these Terms.
“Chat Users” means or refers to anyone using the Chatbot to interact with the CHATHIVE Services Buyer.
“Services” means or refers to the computer program (Chatbot) and infrastructure in a hosted environment that is provided and maintained by CHATHIVE and which the Customer accesses through the Website pursuant to the Terms and Conditions.
“Chatbot” means or refers to the computer program installed on the website of the Service Recipient and accessible via the Internet through which the Chat Users can contact the Service Recipient.
“Intellectual Property Rights” means or refers to all intellectual property rights anywhere in the world, whether registrable, registered or unregistered, including any application or application rights to such rights, including copyright and related rights, database rights, confidential information, trade secrets, know-how, trade names, trademarks, service marks, patents, utility models, topography rights and rights in designs and models.
“CHATHIVE” the company under Belgian law INTESO GROUP bv with registered office at 9031 Ghent, Mariakerksesteenweg 91 and registered in the Crossroads Bank for Enterprises under number 0728.495.140, RPR Ghent, Ghent division ([email protected]; http://www.chathive.co)..)
“Maintenance” Means or refers to the general maintenance of the Services, and the application of updates and upgrades. “Personal Data” Means or refers to the data as defined in Article 4(1) of the General Data Protection Regulation (Regulation (EU) No 2016/679): any information relating to an identified or identifiable natural person ("data subject") ; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more elements specific to the physical , physiological, genetic, mental, economic, cultural or social identity of that natural person.
"Chat User's Personal Data" means or refers to all Personal Data pertaining to the Chat User that is processed by CHATHIVE (and its sub-processors, if any) in its capacity as Data Processor.
“Privacy Law” Means or refers to all applicable laws relating to the processing of Personal Data as long as they are in force and applicable to Personal Data, including the General Data Protection Regulation (Regulation (EU) 2016/679).
“Software As A Service” means or refers to the combination of computer programs (Chatbot), hosting and support services provided in the agreement.
“Processor” means or refers to a natural or legal person, public authority, agency or other body that processes Personal Data on behalf of the Controller.
“Controller” means or refers to the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of the processing of the Personal Data.
Article 2 - Object of the End User Conditions
2.1. CHATHIVE offers an online application (Chatbot) that integrates various services that ensure more efficient communication between the Service Recipient and its own (potential) customers (Chat Users).
2.2. These End User Terms and Conditions govern the use of the Chatbot by the Chat Users. They form an integral part of the General Terms and Conditions applicable to the relationship between CHATHIVE and the Customer of the Services. The General Terms and Conditions apply to the relationship between CHATHIVE and Chat Users insofar as the provisions thereof are relevant and the End User Terms and Conditions do not contain any deviating provisions in this respect. By using the Chatbot, the Chat User agrees to both the General Terms and Conditions and the End User Terms.
2.3. CHATHIVE reserves the right to change these End User Terms at its sole discretion. The End User Conditions can be consulted at any time
Article 3 - Availability and use of the Chatbot
3.1. In order to use the Chatbot, the Chat User must have or obtain access to the World Wide Web, either directly or through devices that access web-based content and the website of the Service Recipient. The Chat User must also purchase all equipment necessary to establish (and maintain) such connection to the World Wide Web. If an outdated web browser is used, it is possible that the Chatbot will not function optimally.
3.2. CHATHIVE strives for continuous availability of the Chatbot within the hours determined by the Customer of the Services, but cannot guarantee this in any way.
3.3. In order to prevent chatbot overload, CHATHIVE has the right to limit the number of monthly conversations when certain limits are exceeded. The consequence of this may be that the Chatbot on the website of the Customer will remain unavailable for a certain period of time.
Article 4 - Abuse of the Chatbot
4.1. The Chat User is prohibited from violating the law or infringing the rights of others by using the Chatbot.
4.2. The Chat User is also prohibited from distributing information using the Chatbot that:
is manifestly harmful, defamatory, abusive, racist, discriminatory or hateful. is pornographic. contains hyperlinks, torrents or references with (locations) of material that clearly infringes privacy legislation, copyrights, neighboring rights or portrait rights. contains unsolicited commercial, charitable or non-commercial communications (“spam”). contains malicious content such as viruses or spyware.
4.3. If one of the events below occurs or if, in the opinion of the Customer of the Services or CHATHIVE, a danger arises for the functioning of the Chatbot, CHATHIVE has the right to take all measures to remedy this situation, including blocking of access to the Chatbot and declaration to the competent legal authorities.
Article 5 - Personal data of the Chat user
5.1. When using the Chatbot, the Chat User can leave certain data in the chat. This can be Personal Data, being the data that can lead directly or indirectly to a specific person. CHATHIVE only processes the Personal Data of the Chat Users that were entered directly into the chat by the latter or of which it is clear at the time of registration that they are provided for processing.
5.2. CHATHIVE considers careful handling of personal data of great importance. All Personal Data is carefully processed and secured by CHATHIVE.
5.3. CHATHIVE's processing of the Chat User's Personal Data is governed by the Data Processing Agreement between the Customer and CHATHIVE. The Processing Agreement forms an integral part of the General Terms and Conditions and therefore also of these End User Terms and Conditions.
5.4. In accordance with the aforementioned Data Processing Agreement, the Personal Data of the Chat Users are collected and passed on to the Service Recipient who has installed the Chat Box on its website. CHATHIVE will not process the Personal Data of the Chat Users for any purpose other than as determined by the Customer of the Service.
5.5. When processing the Personal Data of the Chat User, the Customer of the Services acts as the controller, while CHATHIVE is the processor. The privacy policy of the Customer of the Services applies to the processing of the Personal Data of the Chat Users by the Customer of the Services. CHATHIVE cannot guarantee that the Customer of the Services handles the Personal Data of the Users in a reliable and secure manner. The Chat Users must therefore check the privacy policy of the Customer of the Services themselves and address the Customer of the Services in the event of irregularities.
Article 6 - Intellectual Property Rights
6.1. All Intellectual Property Rights in the Services remain with CHATHIVE at all times.
6.2. CHATHIVE warrants that it has the required Intellectual Property Rights to provide its Services.
Article 7 - Limitation of Liability
7.1. The Chat User acknowledges that complex software is never completely free of defects, errors and bugs and that CHATHIVE makes no warranty or representation that the Services are completely free of defects, errors and bugs.
7.2. The Chat User acknowledges that complex software is never entirely free of security vulnerabilities and that CHATHIVE, subject to the other provisions of these End User Conditions, does not provide any guarantee or representation that the Chatbot will be completely secure.
7.3. CHATHIVE is not liable for the content and information provided in the Chatbot by the Customer of the Services.
To the fullest extent permitted by applicable law, CHATHIVE's maximum aggregate liability in connection with the relationship with the Chat User is limited to EUR 100.00. There is only one joint limit of liability, even if there are multiple claims; any claim will reduce the amount available in the aggregate limit of liability.
7.4. CHATHIVE is under no circumstances obliged to pay compensation for indirect, special or consequential damage, trading loss, loss of income, reputational damage or loss of goodwill, loss of or damage to information or data, or any other damage suffered through the use of the Chatbot. This limitation of liability also applies after CHATHIVE has been specifically notified of the possible loss of the Chat User.
7.5. CHATHIVE is also not liable for defects that result directly or indirectly from an act of the Chat User, the Customer of the Services or a third party, whether this act is caused by error or negligence. CHATHIVE can under no circumstances be held liable for loss or incorrect use of the data entered by the Chat User, unless this is solely due to negligence on its part.
Article 8 - Divisibility
8.1. If any provision of these End User Terms is or becomes illegal, unenforceable or invalid, that provision will be deemed modified to the extent necessary to remedy the illegality, unenforceability or invalidity.
8.2. If a change in accordance with Article 8.1. is not possible, the provision shall for all purposes be treated as separate from the End User Terms without affecting the legality, enforceability or validity of the remaining provisions of the End User Terms.
Article 9 - Applicable law and competent court
9.1. These End User Conditions are governed by and construed in accordance with Belgian law.
9.2. The courts of the judicial district of Ghent with a division in Ghent have exclusive jurisdiction for any dispute arising from these End User Conditions.