Moderation Bot - Freemium Terms and Conditions of Use

LAST UPDATED: 04/19/2019

Moderation Bot - Freemium Terms and Conditions of Use

1. PURPOSE

1.1 AmaZix is leader in the community management and engagement services for blockchain-based and cryptocurrencies-related projects as well as advisory services for coins and tokens crowdsale initiatives. 1.2 AmaZix has developed the AmaZix Moderation Bot, a bot designed to protect the health of Telegram groups, and the related communities.

2. DEFINITIONS

2.1 In the ToS, the following words and expressions will have the following meanings:

AmaZix means AmaZix Ltd, a company duly existing and incorporated under the laws of Hong Kong, with registered office in 14/F Manning House, 38-48 Queen’s Road Central, Hong Kong, SAR, CR No: 2624699; AmaZix Moderation Bot means a program developed by AmaZix in order to provide automatic moderation activities in Telegram groups such as banning of spammers and scammers, and which can be activated by adding to a Telegram group the username @amazix_mod_bot and granting it "administrator" role with the rights to delete messages and ban users; Intellectual Property Rights means any patents, copyrights, models, designs, software, trademarks, trade names, product designations, trade practices, databases, know-how, secret and commercial information, processes, methods, business plans, business models, technical specifications, marketing strategies, prices, production costs and margins as well as requests for registration having as object the mentioned rights; Features means the functionalities and activities performed by the AmaZix Moderation Bot free version as better described on https://www.amazix.com/moderation-bot/; Telegram means the cloud-based instant messaging and voice over IP service developed by Telegram Messenger LLP and identified by the brand "Telegram"; ToS means the present Terms of Services; User means any person which add the AmaZix Moderation Bot free version to a Telegram group.

2.2 The singular includes the plural and vice versa; words importing one gender only are deemed to include all other genders; and references to persons include bodies corporate, partnerships and unincorporated associations.

3. SCOPE OF THE TOS

3.1 The ToS:     (a) apply to the use of the AmaZix Moderation Bot free version in a Telegram group and to any User activating the AmaZix Moderation Bot free version;     (b) govern User’s use of the AmaZix Moderation Bot free version and constitute a binding agreement between User and AmaZix. 3.2 In addition to the ToS, use of the AmaZix Moderation Bot free version is governed by the privacy policy available at https://www.amazix.com/privacy/ that is incorporated by reference herein and constitute a part of the ToS. 3.3 AmaZix reserves the right to revise the ToS at any time, at its sole discretion, by posting an updated version on https://www.amazix.com/moderation-bot/free-terms-of-use. User should visit this page periodically to review the most current ToS, because they are binding on the User. By continuing to use the AmaZix Moderation Bot after updated ToS have been posted, the User agree to be bound by the updated ToS.

4. ACCEPTANCE OF THE TOS

4.1 User’s use of the AmaZix Moderation Bot constitutes acceptance to the ToS and representation that User has the right, authority and capacity to enter into the ToS. 4.2 The AmaZix Moderation Bot is available only for legal entities and individuals over 18 years. If the User is under the age of 18, then the User agrees to review the ToS with own parent or guardian.

5. LICENSE

5.1 AmaZix grants the User a worldwide, free, non-exclusive, perpetual and non-transferable license to run the AmaZix Moderation Bot free version on a Telegram group and to use the AmaZix Moderation Bot in accordance with the ToS. 5.2 All rights not expressly granted by AmaZix to the User remain reserved. All irrevocable moral rights recognized by applicable law remain reserved. 5.3 The license expressly does not include the right to reproduce, distribute, decompile, modify or sell the AmaZix Moderation Bot. It is also forbidden to perform operations of conversion of the different stages of the process of software manufacture (reverse-engineering) and integration of parts of the software or results in another software. 5.4 Furthermore, the right to create derivative works is expressly excluded and remains absolutely and exclusively reserved to AmaZix.

6. AMAZIX MODERATION BOT

6.1 The AmaZix Moderation Bot free version includes only the relevant Features with no customisation capabilities. 6.2 User acknowledges that the AmaZix Moderation Bot:     (a) runs on servers owned by AmaZix’s third party supplier;     (b) may collect data and metadata of the users active on the Telegram group where it is activated;     (c) collects technical data as part of its machine learning capabilities;     (d) adopts artificial intelligence and machine learning in order to improve itself so its behaviour may change from time to time;     (e) may act unlike User’s intents so the User should monitor the AmaZix Moderation Bot behaviour and avoid leaving the moderation entirely to the AmaZix Moderation Bot. 6.3 For as long as AmaZix continues to offer the AmaZix Moderation Bot free version, AmaZix will provide and seek to update, improve and expand the AmaZix Moderation Bot free version. As a result, AmaZix allows the User to use the AmaZix Moderation Bot free version as it may exist and be available on any given day and have no other obligations, except as expressly stated in the ToS.

7. USER CONDUCT

7.1 User may use the AmaZix Moderation Bot only for its purposes as intended by the normal functionality of the AmaZix Moderation Bot as long as the User is in compliance with all provisions of the ToS. 7.2 In connection with User’s use of the AmaZix Moderation Bot, the User agrees to abide by all applicable local, state, national and international laws and regulations and not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, AmaZix’s policies or the operational or security mechanisms of the AmaZix Moderation Bot, and without limiting the foregoing the User may not:     (a) use the AmaZix Moderation Bot to promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or otherwise);     (b) interfere with the use of the AmaZix Moderation Bot by others; harass or defame others; or promote hatred towards any group of people;     (c) harvest or otherwise collect non-public information about another user obtained through the AmaZix Moderation Bot (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;     (d) use the AmaZix Moderation Bot for antisocial, disruptive, or destructive purposes, including "flaming," “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the internet;     (e) alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the AmaZix Moderation Bot;     (f) access or attempt to access any of AmaZix’s systems, programs or data that are not made available for public use;     (g) decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the AmaZix Moderation Bot except if and to the extent permitted by applicable law;     (h) copy, distribute, transmit, broadcast, publicly display, publicly perform, rent or sell any portion of the AmaZix Moderation Bot ;     (i) create or provide any other means through which the AmaZix Moderation Bot may be accessed, for example, through server emulators, whether for profit or not.

8. AMAZIX’S RIGHTS

8.1 AmaZix reserves the right, in its sole and absolute discretion, to modify, replace, refuse access to, suspend or discontinue the AmaZix Moderation Bot, partially or entirely, without prior notice. 8.2 AmaZix has no obligation to store, maintain or provide Users with a copy of any content that Users or others provide when using the AmaZix Moderation Bot, except to the extent required by applicable law. 8.3 Should the User be in breach of the provisions under the ToS, AmaZix will have the right, upon its sole decision and with no liability, to deny the User further use of the AmaZix Moderation Bot.

9. USER’S CONTENT

9.1 In connection with accessing and using the AmaZix Moderation Bot free version , the User may provide to AmaZix information, data, text, software, photographs, graphics, messages or other materials uploaded, transferred, transmitted, posted or stored, including without limitation third party contact data and other personal information (all of which will be considered User’s content) of any user on the related Telegram’s group. 9.2 AmaZix does not own nor claim ownership of such content and is not legally responsible for such content.

10. INTELLECTUAL PROPERTY

10.1 Any and all of the Intellectual Property Rights relating the AmaZix Moderation Bot is exclusive property of AmaZix. 10.2 Use of Access the AmaZix Moderation Bot does not imply any assignment or licence from AmaZix to User over the Intellectual Property Rights concerning the AmaZix Moderation Bot. 10.3 All AmaZix trademarks and service marks, logos, slogans and taglines are the property of AmaZix. 10.4 Except as otherwise specifically provided herein, nothing should be construed as granting any license or right to use any trademarks, service marks, logos, slogans or taglines displayed on or by AmaZix, without our express written permission, or the express written permission of such third-party that may own the trademark, service mark, logo, slogan or tagline. 10.5 AmaZix does not want to receive confidential or proprietary information from the User through the AmaZix Moderation Bot. Unless otherwise agreed in writing by an authorized AmaZix representative, any material, information or idea the User transmits to AmaZix by any means may be disseminated or used by AmaZix or related affiliates without compensation or liability to the User for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. However, this provision does not apply to personal information that is subject to the privacy policy. 10.6 AmaZix is not responsible for the accuracy, usefulness, safety or intellectual property rights of or relating to any of User’s content or the content provided by third parties.

11. NO ASSISTANCE

11.1 AmaZix is not obliged, under the ToS, to supply to the User technical support regarding the AmaZix Moderation Bot free version.

12. NO WARRANTIES

12.1 The AmaZix Moderation Bot free version and its Features are offered "AS IS". 12.2 AmaZix does not provide any warranties, whether explicit or implied, including implied warranties concerning non-infringement, merchantability and fitness for a particular purpose. 12.3 In particular, AmaZix does not provide any warranties concerning (a) fitness of the AmaZix Moderation Bot to the User needs, (b) availability of, and absence of errors in, the AmaZix Moderation Bot, (c) quality of the AmaZix Moderation Bot and (d) fix of possible errors in the AmaZix Moderation Bot. 12.4 Limitations and exclusions in the present Clause apply to the maximum extent allowed under the law.

13. LIMITATIONS OF LIABILITIES

13.1 User agrees that AmaZix will not be liable to the User or any third party for any modifications, suspensions or discountenance of the AmaZix Moderation Bot free version, or any part thereof. 13.2 AmaZix is not responsible towards the User or any third parties for:     (a) profit, customer, use or data losses regardless their predictability;     (b) special, incidental, indirect, consequential or punitive damages of any kind (regardless if it was aware of the possible occurrence of such damages), including those (i) deriving from profit, customer, use or data losses regardless their predictability, (ii) based on possible presumptions of liability, including breach of contract or of warranty, negligence or other illicit actions, or (iii) deriving from any other complaint arising from, or in connection with, the use of AmaZix Moderation Bot. 13.3 AmaZix is not liable for errors, omissions, interruptions, deletions, defects, operative or transmission delays, malfunction of the communication network, theft, destruction, unauthorized access or alteration of any content concerning AmaZix Moderation Bot. 13.4 AmaZix is not liable for any possible technical issues or problems concerning telephone networks or lines, online elaboration systems, servers and providers, IT appliances, software, errors in emails or software that negatively affect the Features. 13.5 Total liability of AmaZix towards the User for any possible request of damages is limited to USD 100.00. 13.6 The ToS do not limit nor exclude AmaZix’s liabilities for willful misconduct or gross negligence. 13.7 Limitations and exclusions in the present Clause apply in the maximum extent allowed under the law.

14. MISCELLANEOUS

14.1 Mere silence, or the absence of a prompt reaction, of AmaZix in case of any breach of the ToS by the User will not be construed as acceptance of the violation or as a waiver of the right to demand fulfillment of the obligation, or as a waiver of the rights and/or powers of AmaZix. 14.2 Rights and remedies provided in the ToS are not exclusive but are in addition to those available under the applicable law. 14.3 Should a provision of the ToS be judged null or invalid by a court or another competent authority, such a provision will be considered erased from the ToS and the remaining provisions will remain effective and valid.

15. APPLICABLE LAW, JURISDICTION AND COMPETENT COURT

15.1 The Parties expressly agree that the Agreement is exclusively governed by the laws of Hong Kong, without regard to the conflicts of law of such jurisdiction. 15.2 The Parties expressly agree that any disputes regarding the validity, performance, effectiveness or termination of the Agreement is subject to the exclusive jurisdiction of the Court of Hong Kong unless mandatory applicable laws provide otherwise.