Last updated: December 6th, 2019
These Terms & Conditions apply to the Olivia AI (“Olivia”) group (“we” or “us”), which includes:
→ Olivia AI, Inc. which is a company registered in the United States of America and whose address is 7700 Windrose Ave, Suite G300, Plano TX 75024, United States; and
→ Olivia AI Europe, LTD. which is a company registered in the Republic of Ireland and whose address is The Tara Building, Tara St, Dublin, D02 F991, Ireland and whose registered number is 656517. Olivia AI Europe, LTD is acting as an agent of rueLayer, who is providing the regulated Account Information Service, and who is authorized by the FCA as an Authorised Payment Institution (reference number: 793171);
→ Olivia Desenvolvimento de Software do Brasil Ltda. which is a company registered in Brazil and whose address is Rua Funchal, 375 – Conjunto 72, 04551-065 São Paulo, SP.
→ information about your visit, including the full Uniform Resource Locators (URL) clickstream to, through and from our app and site (including date and time), services you Please read them carefully before using the www.olivia.ai
website or the Olivia mobile application (together, or individually, the “Service”) operated by Olivia.
Your access to and use of the Service is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
Collection and Use of Information
Through our services, we may use automatic means (including, for example, cookies and web beacons) to collect information about your use of the services. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the services or certain features or functionality. All information we collect through or in connection with the services is subject to the Olivia Data Privacy Notice (“Privacy Notice”).
The Service and its original content, features and functionality are and will remain the exclusive property of Olivia and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Olivia.
Links To Other Websites
Our Service may contain links to third party web sites or services that are not owned or controlled by Olivia.
Olivia has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Olivia shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the Terms & Conditions and Privacy Policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless Olivia and its licensee and licensors, 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), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall Olivia , nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
e may from time to time, without incurring any liability to you, temporarily suspend or withdraw any or all of the Service functionality for such periods as we shall determine, including without limitation, for technical, security, maintenance, administrative or other reasons (whether within our control or not).
The Service is available to all users “as is” without any representations or warranties of any kind, either express or implied. We make no representations, warranties or undertakings that the Service, or the server that makes it available, will
be free from defects.
EligibilityThe Service is designed for users who satisfy the following criteria:
(A) Are over 18 years of age.
(B) Live in the Republic of Ireland, the Federative Republic of Brazil, or the United States of America.
(C) Intend to use the Service for their own personal non-commercial use.
(D) Whose use or access of the Service does not violate any applicable law.
ExclusionsSome jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Governing LawIf you are an Ireland-based user of the Service:
These Terms shall be governed and construed in accordance with the laws of the Republic of Ireland, and the parties hereby submit to the non-exclusive jurisdiction of the Irish courts to settle any disputes which may arise in connection with these terms and conditions.
If you are a Brazil-based user of the Service:
These Terms shall be governed and construed in accordance with the laws of the Federative Republic of Brazil, without regard to its conflict of law provisions.
If you are a non-Ireland- and non-Brazil-based user of the Service:
These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
ChangesWe reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact UsYou can contact us (whether with questions or to make a complaint relating to any aspect of the provision of the Service) by using our Talk to a Human feature in the application or by emailing us at firstname.lastname@example.org.