Last modified: May 24, 2022
Welcome to AgentiChat, the website and software service of Innovative IT Lab Inc. (“Agentichat,” Agent iChat, “we,” or “us”). This page explains the terms by which you may use our online and/or mobile services, website, and software provided on or in connection with the service (collectively the “Service”). By accessing or using the Service, you signify that you have read, understood, and agree to be bound by this Terms of Service Agreement (“Agreement”) and to the collection and use of your information as set forth in the Agentichat Privacy Policy, whether or not you are a registered user of our Service. This Agreement applies to all visitors, users, and others who access the Service (“Users”). PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
1. Use of Our Service: Agentichat provides a real estate chatbot based on artificial intelligence.
A. Eligibility: This is a contract between you and Agentichat. You must read and agree to these terms before using the Agentichat Service. If you do not agree, you may not use the Service. You must be 18 years or older to use the Services. Supplemental terms and conditions may apply to some Services, such as rules for a particular promotion, service, or other activity, or terms that may accompany certain content accessible through the Services. Supplemental terms and conditions will be disclosed to you in connection with such competition, service, or activity. Any supplemental terms and conditions are in addition to these terms and, in the event of a conflict, prevail over these terms.
B. Service: Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable artificial intelligent chatbot to use for your personal, noncommercial use only and as permitted by the features of the Service. Agentichat reserves all rights not expressly granted herein in the Service and the Agentichat Content (as defined below). Agentichat may terminate this license at any time for any reason or no reason.
C. Accounts: Your Agentichat account gives you access to the services and functionality that we may establish and maintain from time to time and at our sole discretion. By connecting to Agentichat with any third-party service (for example, Facebook), 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. You may never use another User"s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity on your account, and you must keep your account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lower-case letters, numbers, and symbols) with your account. You must notify Agentichat immediately of any breach of security or unauthorized use of your account. Agentichat will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Service by changing the settings on your “account settings” page. By providing Agentichat your email address, you consent to us using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences on your “account settings” page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Service Rules: You agree not to engage in any of the following prohibited activities: copying, distributing, or disclosing any part of the Service in any medium, including without limitation by any automated or non-automated “scraping”; using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the Service in a manner that sends more request messages to the agentichat servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that agentichat grants the operators of public search engines revocable permission to use spiders to copy materials from agentichat.com for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); transmitting spam, chain letters, or other unsolicited emails.attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Service.taking any action that imposes or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.uploading invalid data, viruses, worms, or other software agents through the Service.collecting or harvesting any personally identifiable information, including account names, from the Service.using the Service for any commercial solicitation purposes.impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding, or attempting to hide your identity.interfering with the proper working of the Service.accessing any content on the Service through any technology or means other than those provided or authorized by the Service.bypassing the measures, we may use to prevent or restrict access to the Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content therein.We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or users generally; or create usage limits for the Service. We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if in our sole determination you violate any provision of this Agreement, or for no reason. Upon termination for any reason or no reason, you continue to be bound by this Agreement. You are solely responsible for interactions with your chatbot Users on your website. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Agentichat shall have no liability for your interactions with other Users, or any User"s action or inaction.
E. Commercial Electronic Messages ("CEMs")
Agent ichat only sends CEMs, such as emails, in accordance with Canada"s Anti-Spam Legislation ("CASL"). Agent ichat does not permit any user of the Website to use the Website to send CEMs. Agent ichat does not permit users of the Offerings to use the Offerings to send CEMs in violation of CASL.
You can contact Agent ichat through the Website. In the event that you send a request, inquiry, or complaint to Agent ichat through the Website, Agent ichat will respond in compliance with CASL. A CEM sent to you in response to a request, inquiry or complaint will be limited to directly addressing that request, inquiry, or complaint, subject to the inclusion of additional information that a person could reasonably expect to receive as a result of that request, inquiry or complaint. If you submit a request, inquiry, or complaint through the Website, this will not constitute consent for further CEMs. Agent ichat will only ever CEMs in accordance with CASL.
You may subscribe to receive CEMs regarding Agent ichat products and services. You will only receive such CEMS if Agent ichat has received your express consent. You can unsubscribe at any time.
2. User Content
Some areas of the Service allow Users to post content such as profile information, comments, questions, course content, and other content or information (any such materials a User submits, posts, displays, or otherwise makes available on the Service “User Content”). Access to these features may be subject to age restrictions. We claim no ownership rights over User Content created by you. The User Content you create remains yours; however, by sharing User Content through the Service, you agree to allow others to view, edit, and/or share your User Content in accordance with your settings and this Agreement. Agentichat has the right (but not the obligation) in its sole discretion to remove any User Content that is shared via the Service. You agree not to post User Content that: may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or any animal. may create a risk of any other loss or damage to any person or property. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details, or otherwise may constitute or contribute to a crime or tort, contains any information or content that we deem to be unlawful, harmful, abusive, racially, or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable, contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or another party"s trade secrets), contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships; or contains any information or content that you know is not correct and current or violates any school or other applicable policy, including those related to cheating or ethics. You agree that any User Content that you post does not and will not violate third-party rights of any kind, including without limitation any Intellectual Property Rights (as defined below) or rights of privacy. Agentichat reserves the right but is not obligated, to reject and/or remove any User Content that Agentichat believes, in its sole discretion, violates these provisions. For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction. In connection with your User Content, you affirm, represent, and warrant the following: Your User Content and Agentichat"s use thereof as contemplated by this Agreement and the Service will not violate any law or infringe any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights. Agentichat may exercise the rights to your User Content granted under this Agreement without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise. To the best of your knowledge, all the Users" Content you provide to us is truthful and accurate. You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person"s name or likeness in the manner contemplated by the Service and this Agreement, and each such person has released you from any liability that may arise in relation to such use. Agentichat takes no responsibility and assumes no liability for any User Content that you or any other User or third-party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Agentichat shall not be liable for any damages you allege to incur because of User Content.
3. User Content License Grant
By posting any User Content on the Service, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Agentichat a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service and Agentichat"s (and its successors" and affiliates") business, including without limitation for promoting and redistributing part or all of the Service (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each User of the Service a non-exclusive license to access your User Content through the Service, and to use, display, reproduce and perform such User Content solely as permitted through the functionality of the Service and under this Agreement.
4. Spam Emails
-Fraudulent emails are crafted in many assortments and are the unpermitted actions of third parties not associated with Agent ichat. These “spoof” email messages are becoming more common amongst many large-scale businesses and may appear legitimate by incorporating Agent ichat"s brand, colors, or other associated legal disclaimers.
There have been a number of fraudulent emails reported in the past, and new spoofs may be introduced. These types of emails, especially those with attachments, point to invalid destinations which may contain malware, and could potentially corrupt your computer.
These are not legitimate Agent ichat communications. We do not advise the activation of any links provided or clicking on any attachments. Instead, simply delete the email. Run a virus scan immediately upon accidentally activating a link.
Please be advised that Agent ichat does not request payments, personal information, financial information, account numbers, IDs, passwords, or copies of invoices in an unsolicited manner through email, mail or fax. Agent ichat takes no responsibility for any costs or charges incurred as a result of fraudulent activity.
5. Our Proprietary Rights
Except for your User Content, the Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Agentichat Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Agentichat and its licensors (including other Users who post User Content to the Service). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Agentichat Content. Use of the Agentichat Content for any purpose not expressly permitted by this Agreement is strictly prohibited. You may choose to, or we may invite you to submit comments or ideas about the Service, including without limitation about how to improve the Service or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Agentichat under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Agentichat does not waive any rights to use similar or related ideas previously known to Agentichat, or developed by its employees, or obtained from sources other than you.
6. Paid Services
A. Billing Policies: Certain aspects of the Service may be provided for a fee or other charge. If you elect to use paid aspects of the Service, you agree to the pricing and payment terms, as we may update them from time to time. Agentichat may add new services for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. Any change to our pricing or payment terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement or otherwise.
B. Automatic Renewal: Agentichat subscriptions renew automatically using the payment details on file for your account. If you purchase a subscription with automatic renewal, you acknowledge and agree that we are authorized to use the payment information on file for the renewal fee. You acknowledge and agree that the amount billed and charged each month may vary depending on your use of the Services and may include subscription fees for the remainder of the Customer"s applicable billing period and overage fees for the prior month. Until you cancel, your subscription will renew monthly or annually on the same day of the month or year, respectively, like the date you made your initial purchase and the payment information on file will be billed for the then-current subscription fee. This purchase date will be included on your subscription confirmation receipt that will be emailed to you at the email you provide. You may cancel your account at any time. This will stop future subscription charges from accruing to your account.
C. Refunds: You may cancel your Agentichat account at any time; however, there are no partial or pro-rata refunds for cancellation. If you cancel your subscription, the cancellation will be effective at the end of the current monthly or annual billing period; you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. Agentichat may offer partial, pro-rata refunds for Agentichat"s early suspension, termination, or cancellation of a paid program, where the pricing and payment terms for the specific Agentichat program expressly state that such refunds are available in such scenarios and/or as required by law. If you cancel your account or Agentichat suspends or terminates your account under this Agreement for your breach of this Agreement, you understand and agree that you shall receive no refund or exchange for any Agentichat Indicators, any unused time on a subscription, any license or subscription fees for any portion of the Service, any content or data associated with your account, or for anything else.
D. Free Trials: Agentichat may offer a free trial of our Service to new and eligible returning subscribers, subject to specific terms explained during your free trial sign-up. To avoid being charged during a free trial promotion, you must cancel your subscription before your free trial ends. You can view the details of your free trial on your Agentichat Account Settings page. Agentichat reserves the right to determine eligibility for free trials, which may vary based on factors including the subscription selected and how recently you redeemed a free trial. Certain limitations may also exist with respect to combining free trials with any other offers. If you do not cancel prior to the end of your free trial period, the payment method provided at sign-up will be automatically billed for the applicable subscription fee. If you wish to avoid charges to the payment information that you have on file, you must cancel your subscription prior to the end of the seven (7) day period beginning at the time that you began your free trial. You may cancel your subscription at any time as described in the “Cancellations” section of these Terms.
E. Cancellations: You can cancel your subscription at any time by logging into your Agentichat account on the Agentichat site and following the instructions on the Manage Payments section of your Account Settings page. You must cancel your subscription prior to your next recurring billing date in order to avoid being charged. If you cancel your subscription, you will continue to have access to the Service through the end of your current billing period but will not receive a refund. Canceling your subscription will not completely delete your account from our Service. You may choose to delete your account, but you will not be able to recover data from your former account at a later date if you do so.
F. Payment Information, Taxes: All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with the Service must be accurate, complete, and current. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with the Service at the prices in effect when such charges are incurred. You will pay any applicable taxes relating to any such purchases, transactions, or other monetary transaction interactions.
8. Privacy
We care about the privacy of our Users. You understand that by using the Services you consent to the collection, use, and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to, and processed.
9. Security
Agentichat cares about the integrity and security of your 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 provide your personal information at your own risk.
10. Third-Party Links
The Service may contain links to third-party websites, advertisers, services, special offers, or other events or activities that are not owned or controlled by Agentichat. Agentichat does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Service, you do so at your own risk, and you understand that this Agreement and Agentichat"s Privacy Policy do not apply to your use of such sites. You expressly relieve Agentichat from all liability arising from your use of any third-party website, service, or content. Additionally, your dealings with or participation in promotions of advertisers found on the Service, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Agentichat shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
12. Indemnity
You agree to defend, indemnify and hold harmless agentichat 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 out of or related to: (i) your use of and access to the Service, including any data or content transmitted or received by you; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any other information or content that is submitted via your account including without limitation misleading, false or inaccurate information; (vi) negligent or willful misconduct; or (vii) any other party"s access and use of other appropriate security code.
13. Warranty
THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE 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. WITHOUT LIMITING THE FOREGOING, AGENT ICHAT, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED 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 SERVICE. AGENT ICHAT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE AGENT ICHAT SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND AGENT ICHAT WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL AGENT ICHAT, 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, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THE AGENT ICHAT BE RESPONSIBLE FOR ANY DAMAGE, LOSS, OR INJURY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGENT ICHAT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (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 SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL AGENT ICHAT, 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 AGENT ICHAT HEREUNDER OR $100.00, WHICHEVER IS GREATER. THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF AGENT ICHAT 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.
15. Governing Law and Arbitration
A. Governing Law: This Agreement shall be governed by the internal substantive laws of Canada without regard to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted according to the terms of this Agreement shall be governing law. You agree to submit to the jurisdiction of Ontario, Canada for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
B. Arbitration: READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS how YOU CAN SEEK RELIEF FROM Agentichat. In the unlikely event that Agentichat has not been able to resolve a dispute it has with you after 60 days, we each agree to resolve any claim, dispute, or controversy (excluding any Agentichat claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms of Service, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the Judicial Mediation and Arbitration Services (“JAMS”) under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. The arbitration will be conducted in Ontario, Canada unless you and Agentichat agree otherwise. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys" fees, and reasonable costs for experts and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Agentichat from seeking injunctive or other equitable relief from the courts as necessary to protect any of Agentichat"s proprietary interests. ALL CLAIMS MUST BE BROUGHT IN THE PARTIES" INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON"S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS TERMS OF SERVICE, YOU AND AGENT ICHAT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
General
A. Assignment: This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Agentichat without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to the Agreement: Agentichat 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 Agentichat in our sole discretion. Agentichat reserves the right to determine the form and means of providing notifications to our Users provided that you may opt-out of certain means of notification as described in this Agreement. Agentichat 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. Agentichat may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified” date at the bottom of this page. Your continued use of the Service 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 Service.
C. Entire Agreement/Severability: This Agreement, together with any amendments and any additional agreements you may enter with Agentichat in connection with the Service, shall constitute the entire agreement between you and Agentichat concerning the Service. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Agentichat"s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
E. Contact: You can also contact us via our email at info@agentichat.com
