Terms of use:

Terms of Service

Last Updated on August 1, 2016. These terms and conditions are effective immediately for those engage with Smugglr services.
Welcome to Smugglr, an online platform which enables developers, individuals, companies, and agencies to build, host, and manage chatbots. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at dev@smugglr.co, 39/37 Old Rajinder Nagar, New Delhi - 110060. Smugglr framework/platform is a property of Stackmine Technologies Pvt. Ltd. These terms and conditions (the “Terms”) govern your access to and use of Smugglr products, services and applications, collectively referred to as smugglr Service” or Smugglr. By accessing or using Smugglr, you are agreeing to these Terms and conditions and concluding a legally binding contract with Stackmine Technologies Pvt. Ltd., a New Delhi private limited company headquartered in New Delhi, India. Do not access or use Smugglr if you are unwilling or unable to be bound by the Terms. These Terms of Use (the “Terms”) are a binding contract between you and Smugglr solutions. (Smugglr,” “we” and “us”). You must agree to and accept all of the Terms, or you don’t have the right to use the Services. Your using the Services in any way means that you agree to all of these Terms, and these Terms will remain in effect while you use the Services.

1. Will these terms ever change?

We are constantly improving our services, so these Terms may need to change along with the services. We reserve the right to change (add and remove) the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Smugglr.co website, by sending you an email, and/or by some other means. If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes. Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.

2. How we manage privacy?

Smugglr takes the privacy of its users very seriously. For the current Privacy policy, please click here:Smugglr Privacy Policy.

3. Translation

We may translate these Terms into other languages for your convenience. Nevertheless, the English version governs your relationship with Smugglr, and any inconsistencies among the different versions will be resolved in favor of the English version.

4. USING SMUGGLR SERVICE.

A. Eligibility and Access to Smugglr Service
To access or use Smugglr, you must be 18 years or older and have the requisite power and authority to enter into these Terms. You may not access or use Smugglr if you are a competitor of ours or if we have previously banned you from Smugglr.
B. Basic use of our service
You may be required to sign up for an account and log-in to Smugglr through your Facebook Messenger, Facebook oauth or other third party account. You promise to provide us with accurate, complete, and updated registration information about yourself. You may nottransfer your account to anyone else without our prior written permission. You represent and warrant that you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you’re agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity). You will only use the Services for your own internal, non-commercial use, and only in a manner that complies with all laws that apply to you, except that you may build chatbots using the Services and sell and/or otherwise exploit and commercialize the chatbots you have built. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law. You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account

5. Restrictions

Basic use of service will follow this code of conduct. You represent, warrant, and agree that you will not contribute any Content or User Submission (each of those terms is defined below) or otherwise create any chatbots or use the Services in a manner that:

i. Infringes or violates the intellectual property rights or any other rights of anyone else including Smugglr.

ii. Use Smugglr to violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;

iii. Duplicate, transfer, give access to, copy or distribute any part of Smugglr in any medium without Smugglr' prior written authorization;

iv. Attempt to reverse engineer, alter or modify any part of Smugglr Service;

v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of Smugglr Service or on any materials printed or copied from Smugglr;

vi. Use Smugglr to violate any applicable law.

vii. Violates any law or regulation, including any applicable export control laws;

viii. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;

ix. Jeopardizes the security of your Smugglr account or anyone else’s (such as allowing someoneelse to log in to the Services as you);

x. Attempts, in any manner, to obtain the password, account, or other security information from any other user;

xi. Violates the security of any computer network, or cracks any passwords or security encryption codes.

xii. Not run any form of auto-responder or “spam” on the Services, or any processes that run or are activated while you are not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure);

xiii. “Crawls,” “scrapes,” or “spiders” any page, data, or portion of or relating to the Services or Content (through use of manual or automated means);

xiv. Copies or stores any significant portion of the Content.

xv. Decompiles, reverse engineers, or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Services.

A violation of any of the foregoing is grounds for termination of your right to use or access the Services.

7. What permissions/licenses will I be granting to Smugglr.

Anything you post, upload, share, store, or otherwise provide through the Services, including any chatbots you create and/or communicate with through the Services, is your “User content.” Some User content are viewable by other users. In order to display your User Content on the Services, and to allow other users to enjoy them (where applicable), you grant us certain rights in those User content. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to User content that are also your personally-identifiable information.

For all User content, you hereby grant Smugglr permission to translate, modify (for technical purposes, for example making sure your content is viewable on an iPhone, IPad as well as a computer etc) and reproduce and otherwise act with respect to such User content, in each case to enable us to operate the Services, as described in more detail below. This is a permission only – your ownership in User content is not affected.

If you store a User content in your own personal Smugglr account, in a manner that is not viewable by any other user except you (a “Personal content”), you grant Smugglr the permission above, as well as permission to display, perform, and distribute your Personal User Content for the sole purpose of making that Personal User Content accessible to you and providing the Services necessary to do so.

If you share a User Content only in a manner that only certain specified users can view (for example, a private message to a chatbot)(a “Limited Audience User Content”), then you grant Smugglr the permission above, as well as a permission to display, perform, and distribute your Limited Audience User Content for the sole purpose of making that Limited Audience User Content accessible to such other specified users, and providing the Services necessary to do so. Also, you grant such other specified users a license to access that Limited Audience User Content, and to use and exercise all rights in it, as permitted by the functionality of the Services.

8. What if I see something on the service that infringes my copyright?

You may have heard of the Digital Millennium Copyright Act of 1998 (the “DMCA”), as it relates to online service providers, like Smugglr, being asked to remove material that allegedly violates someone’s copyright. We respect others’ intellectual property rights, and we reserve the right to delete or disable Content alleged to be infringing, and to terminate the accounts of repeat alleged infringers.

9. Responsibility.

Any information or content publicly posted or privately transmitted through the Services, and any chatbots created using the Services, are the sole responsibility of the person/company/business/agency from whom such content originated, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.

We cannot control and have no duty to take any action regarding how your user or you may interpret and use the Content or what actions he/you may take as a result of having been exposed to the Content, and you hereby release us from all liability for you having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.

You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it.

Smugglr has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services.

Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Smugglr shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.

If there is a dispute between participants on this site, or between users and any third party, you agree that Smugglr is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Smugglr, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature.

13. What if I stop using Smugglr.

A. You're free to terminate the service at any time. Smugglr is also free to terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. Smugglr has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Account termination may result in destruction of any chatbots and Content associated with your account,so keep that in mind before you decide to terminate your account. We will try to provide advance notice to you prior to our terminating your account so that you are able to retrieve any important User Content you may have stored in your account.

14. Pricing, Plans and Features

i. For current pricing and plans please check the pricing page located on our website or the pricing email you have got.

ii. We reserve the right to change pricing, plans and the features offered at any time and without notice to you.

Payment and Credit Control

i. All services are billed monthly in advance.

ii. If you upgrade from a free or trial account you will be immediately charged for the necessary full account or accounts. Your monthly payment will be due from that date each month onwards.

iii. Where the Service has been paid for 12 months in advance, (where this option is offered by us) payment will be taken in full on each anniversary.

iv. It is a condition of use that a valid debit or credit card is provided at all times in order for your account or accounts to remain active.

Where a credit/debit card or netbanking payment request is made by us and is declined by your card company or bank (for whatever reason) access to your account or accounts may be suspended immediately until such time as a valid payment has been processed and a valid credit or debit card is associated with your account or accounts.

Payment and Credit Control

You many cancel your account or accounts at any time.

Cancellation should be done using the facility or intsructions provided within the Service.

Cancellation by any other means, including (but not limited to) email, telephone call, fax, text or instant message is not valid.

No refunds will be provided for remaining unused days under a monthly account or accounts

For 12-month accounts (where offered) a refund will be offered for all complete remaining months of the service not used. No refund will be offered for days remaining in the month of cancellation.

Upgrading or Downgrading Accounts

Users have the ability to upgrade or downgrade their accounts and the services offered at any time.

Where an account is downgraded the applicable user will be responsible for all the data within the account and any loss of data caused by the downgrading and removal of any service within the account connected to the downgrade.

Users should backup and download their data prior to requesting a downgrade in service.

No refunds will be offered for downgraded monthly accounts that have been downgraded before the monthly charge is due on the account. The new lower monthly charge will be automatically applied on the usual date of the monthly charge.

Where an account is upgraded the new higher monthly charge will be automatically applied on the next usual date of the monthly charge.

In the case 12-month accounts (where offered) a partial refund will be offered for all complete remaining months of the service where the user downgrades the account. No refund will be offered for days remaining in the month of the downgrade.

Where a 12-month account is upgraded the increased charge will be applied immediately to the account for the additional amount due until the anniversary date.

Trial and Offer Periods

Trial or offer periods are offered at our sole discretion and are subject to withdrawal at any time and without notice.

Only one person may use a single free or trial account, the account cannot be shared amongst multiple individuals.

12. Choice of law and venue.

New Delhi, India law will govern these Terms, as well as any claim, cause of action or dispute that might arise between you and Smugglr(a “Claim”), without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE COURTS LOCATED WITHIN NEW DELHI, INDIA.
Copyright © 2015 Smugglr Solutions., New Delhi, India.