Terms and Conditions of Use

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1. About the Website

Welcome to AI Chat Builders (the ‘Website’).

The Website allows you to access and use custom AI chatbot services (the ‘Services’).

The Website is operated by Genroe (Australia) Pty Ltd, ACN/ABN 51 092 916 731

Access to and use of the Website, or any of its associated Products or Services, is provided by Genroe (Australia) Pty Ltd. Please read these terms and conditions (the ‘Terms’) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.

Genroe (Australia) Pty Ltd reserves the right to review and change any of the Terms by updating this page at its sole discretion. When Genroe (Australia) Pty Ltd updates the Terms, it will use reasonable endeavours to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.

2. Acceptance of the Terms

You accept the Terms by remaining on the Website. Where the option is available in the user interface, you may also accept the Terms by clicking to accept or agree to the Terms.

3. About the Service

Custom AI chatbot services is the provision of chat interfaces to customer knowledge bases generated from documents you provide.
User and Administration accounts are currently offered. You acknowledge and agree that the accounts offered, as well as the account features may change from time to time, and may be governed by separate terms which apply specific to the account. Where special account-specific terms apply, you will be informed, and must accept those terms before you are given such an account. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by account-specific terms.
Some accounts may be governed by a separate Software Licensing Agreement with Genroe (Australia) Pty Ltd, which may amend the terms of use. For the avoidance of doubt these Terms apply unless otherwise agreed or amended by the terms of an applicable Software Licensing Agreement.

4. Acceptable use of the Service

Tampering with, reverse-engineering, or hacking our servers.
Modifying, disabling, or compromising the performance the custom AI chatbot services or other Genroe (Australia) Pty Ltd services.
Overwhelming, or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources.
Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Genroe (Australia) Pty Ltd.

Compromising the integrity of our system, including probing, scanning and testing the vulnerability of our system unless expressly permitted by Genroe (Australia) Pty Ltd.
To stalk, harass or threaten users and any member of the public.
To misrepresent or defraud any user or member of the public through phishing, spoofing, manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Genroe (Australia) Pty Ltd or any third party
To access or search any part of the Service, or any other Service owned by Genroe (Australia) Pty Ltd other than our publicly supported interface, or otherwise allowed for in an applicable Software Licensing Agreement.
To post, upload, share, or otherwise circulate content in violation of the custom AI chatbot service’s content policy

5. Security and Data Privacy

Genroe (Australia) Pty Ltd takes your privacy seriously and information provided through your use of the Website and/or Services are subject to Genroe (Australia) Pty Ltd’s Privacy Policy, which is available on the Website. The Privacy Policy also addresses Genroe (Australia) Pty Ltd’s processes, policies, and obligations in respect of the custom AI chatbot services security breaches.

6. Data Use

Genroe (Australia) Pty Ltd collects, stores, and processes your data on the custom AI chatbot services. The data is used to provide Services to you, as well as to facilitate Genroe (Australia) Pty Ltd’s business operations. The Privacy Policy outlined how your data is collected, stored, and processed by Genroe (Australia) Pty Ltd. The Privacy Policy also addresses Genroe (Australia) Pty Ltd’s processes, policies, and obligations in respect of data encryption and removal requests.

7. Third-Party Data Processing and Cross-Border Data Transfers

We utilize third-party services for the processing and storage of data collected through our Services. Currently, we use Amazon Web Services (AWS) for these purposes.

Data collected through our Services may be transferred to, processed in, and stored in data centers located in Australia and the United States. By using our Services, you consent to this transfer, processing, and storage of your data.

We ensure that all third-party service providers we use adhere to appropriate data protection and security standards. However, you should be aware that the laws and regulations relating to data protection may be different in other countries from those in your country of residence.

We will not share your personal data with any other third parties unless we have your explicit consent, or are required to do so by law.

For more information about our data practices and how we protect your privacy, please review our Privacy Policy.

8. Subscription to use the Service

In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription’) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee’). After purchasing a Subscription, you will be considered a member (‘Member’).
In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
Before, during or after you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘ Account’).
As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including but not limited to name and email address.
You warrant that any information you give to Genroe (Australia) Pty Ltd in the course of completing the registration process will always be accurate, correct and up to date.
You may not use the Services and may not accept the Terms if:

9. Payments

Subject to the terms of any applicable Software License Agreement, the Subscription Fee may be paid by all payment methods available on the Website, and may change from time to time.
Payments made in the course of your use of the custom AI chatbot services may be made using third-party applications and services not owned, operated, or otherwise controlled by Genroe (Australia) Pty Ltd. You acknowledge and agree that Genroe (Australia) Pty Ltd will not be liable for any losses or damage arising from the operations of third-party payment applications and services. You further acknowledge and warrant that you have read, understood and agree to be bound by the terms and conditions of the applicable third-party payment applications and services you choose to use as a payment method for the custom AI chatbot services services.
You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
You agree and acknowledge that Genroe (Australia) Pty Ltd can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription.

10. Refund Policy

Genroe (Australia) Pty Ltd will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of Genroe (Australia) Pty Ltd makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances . Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund’).

11. Service Availability

Genroe (Australia) Pty Ltd will use commercially reasonable efforts to make the Services available with minimal downtime. However, the Services are subject to occasional scheduled maintenance and unforeseen downtime.

Genroe (Australia) Pty Ltd does not guarantee that the Services will be uninterrupted, or that it will be secure, consistent, timely, or error-free.

In the event of any service interruption, Genroe (Australia) Pty Ltd will use reasonable endeavours to restore the Services as soon as reasonably possible.

You acknowledge and agree that Genroe (Australia) Pty Ltd will not be liable for any losses, costs, damages, or liabilities that may be incurred as a result of a service interruption, and Genroe (Australia) Pty Ltd’s liability, in any event, will be limited as set forth in the Limitation of Liability clause of these Terms.

12. Copyright and Intellectual Property

The Website, the Services and all of the related products of Genroe (Australia) Pty Ltd are subject to copyright. The material on the Website is protected by copyright under the laws of Australia and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by Genroe (Australia) Pty Ltd or its contributors.
All trademarks, service marks and trade names are owned, registered and/or licensed by Genroe (Australia) Pty Ltd, who grants to you a worldwide, non-exclusive, royalty-free, revocable license whilst you are a User to:

Genroe (Australia) Pty Ltd does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by Genroe (Australia) Pty Ltd.
Genroe (Australia) Pty Ltd retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:

business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.

You may not, without the prior written permission of Genroe (Australia) Pty Ltd and the permission of any other relevant rights owners: broadcast, republish, up-load to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website, which are freely available for re-use or are in the public domain.

13. User Content and Intellectual Property Rights

User Content

As a user of the Chatbot, you may be able to upload, submit, store, send or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content.

License Grant

When you upload, submit, store, send or receive User Content to or through the Chatbot, you grant Genroe (Australia) Pty Ltd a worldwide, royalty-free, non-exclusive, perpetual, irrevocable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content for the limited purpose of operating, promoting, and improving the Chatbot, and to develop new services. This license continues even if you stop using the Chatbot.

User Warranties

You represent and warrant that: (i) you own the User Content posted by you on or through the Chatbot or otherwise have the right to grant the rights and licenses set forth in these terms; (ii) the posting and use of your User Content on or through the Chatbot does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you post on or through the Chatbot; and (iv) you have the legal right and capacity to enter into these terms in your jurisdiction.

Copyright Complaints

Genroe (Australia) Pty Ltd respects the intellectual property of others, and expects users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Chatbot infringe upon your copyright or other intellectual property right, please send the following information to Genroe (Australia) Pty Ltd: (i) a physical or electronic signature of the intellectual property right owner or authorized representative; (ii) a description of the copyrighted work or other intellectual property right that you claim has been infringed; (iii) a detailed description of where the material that you claim is infringing is located on the Chatbot; (iv) your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the intellectual property right owner, its agent, or the law.

14. General Disclaimer

all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
Genroe (Australia) Pty Ltd will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.

Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of Genroe (Australia) Pty Ltd make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of Genroe (Australia) Pty Ltd) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:

failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorised access to records;
the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
costs incurred as a result of you using the Website, the Services or any of the products of Genroe (Australia) Pty Ltd; and
the Services or operation in respect to links which are provided for your convenience.

15. Limitation of Liability

You acknowledge and agree that the AI chatbot provided by Genroe (Australia) Pty Ltd as part of the Services relies on machine learning and artificial intelligence to interact with users and is not capable of understanding or processing information in the same manner as a human being. As such, there may be instances where the AI chatbot may not fully understand, misinterpret, or miscommunicate information.
To the maximum extent permitted by law, Genroe (Australia) Pty Ltd, its officers, directors, employees, agents, licensors, and their respective successors, heirs and assigns will not be liable for any damages or losses, including direct, indirect, incidental, special, consequential or punitive damages or loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill or other intangible losses, resulting from:

your access to or use of or inability to access or use the Services, including any miscommunications or misunderstandings that may occur as a result of using the AI chatbot;
any conduct or content of any third party related to the Services;
unauthorized access, use or alteration of your transmissions or content; or
any other matter relating to the Services.

Genroe (Australia) Pty Ltd’s total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the resupply of the Services to you.
You agree to indemnify and hold harmless Genroe (Australia) Pty Ltd and its officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, or expenses, including attorney’s fees and costs, arising out of or in any way connected with your access to or use of the Services and the AI chatbot, including but not limited to any miscommunications or misunderstandings that may occur as a result of using the AI chatbot.”

16. Termination of Contract

you do not renew the Subscription at the end of the Subscription Period;
you have breached any provision of the Terms or intend to breach any provision;
Genroe (Australia) Pty Ltd is required to do so by law;
the provision of the Services to you by Genroe (Australia) Pty Ltd is, in the opinion of Genroe (Australia) Pty Ltd, no longer commercially viable.

Subject to local applicable laws, Genroe (Australia) Pty Ltd reserves the right to discontinue or cancel your Subscription or Account at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Genroe (Australia) Pty Ltd’s name or reputation or violates the rights of those of another party.

17. Indemnity

You agree to indemnify Genroe (Australia) Pty Ltd, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:

all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with your content;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
any breach of the Terms.

18. Dispute Resolution

Compulsory

If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).

Notice

A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.

Resolution

On receipt of that notice (‘Notice’) by that other party, the parties to the Terms (‘Parties’) must:

Within 28 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
If for any reason whatsoever, 28 days after the date of the Notice, the Dispute has not been resolved, the Parties must request that an appropriate mediator be appointed by the Australian Mediation Association;
The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
The mediation will be held in Perth, Australia.

Confidential

All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.

Termination of Mediation

If 28 have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either party may ask the mediator to terminate the mediation and the mediator must do so.

19. Venue and Jurisdiction

The Services offered by Genroe (Australia) Pty Ltd is intended to be viewed by residents of Australia. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the courts of Western Australia.

20. Governing Law

The Terms are governed by the laws of Western Australia. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of Western Australia, Australia without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.

21. Independent Legal Advice

Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.

22. Severance

If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.