Moderation Bot - Premium Terms and Conditions of Use
LAST UPDATED: 04/19/2019
Moderation Bot - Premium Terms and Conditions of Use
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.
2.1 In the GTCs, 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; Cryptocurrency means a digital asset designed to work on a blockchain-based protocol as a medium of exchange that uses strong cryptography to secure financial transactions, control the creation of additional units, and verify the transfer of assets; Fees means the consideration due by the User to AmaZix for the use of the AmaZix Moderation Bot premium version according to the payment plan chosen by the User under the Purchase Order whose conditions are set forth at https://www.amazix.com/moderation-bot; 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 premium version as better described on https://www.amazix.com/moderation-bot/; GTCs means the present General Terms and Conditions which are an integral part of the Purchase Order; Purchase Order means the purchase order concerning the provision, from AmaZix to the User, of the AmaZix Moderation Bot services and that identifies the User and points out the applicable payment plan; Telegram means the cloud-based instant messaging and voice over IP service developed by Telegram Messenger LLP and identified by the brand "Telegram"; User means any person which add the AmaZix Moderation Bot premium 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 GTCS AND UNILATERAL AMENDMENTS
4.1 AmaZix grants the User a worldwide, non-exclusive and non-transferable license to run the AmaZix Moderation Bot premium version on a Telegram group and to use the AmaZix Moderation Bot in accordance with the GTCs. 4.2 All rights not expressly granted by AmaZix to the User remain reserved. All irrevocable moral rights recognized by applicable law remain reserved. 4.3 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. 4.4 Furthermore, the right to create derivative works is expressly excluded and remains absolutely and exclusively reserved to AmaZix.
5. AMAZIX MODERATION BOT
5.1 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. 5.2 For as long as AmaZix continues to offer the AmaZix Moderation Bot premium version, AmaZix will provide and seek to update, improve and expand the AmaZix Moderation Bot premium version.
6. OBLIGATION OF THE USER
6.1 User undertakes to use the AmaZix Moderation Bot only for its purposes as intended by the normal functionality of the AmaZix Moderation Bot. 6.2 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 undertakes not to: (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; (j) start actions that may impede, overload or compromise the correct functioning of the AmaZix Moderation Bot, as a way of example a denial of service attack or other actions of disturbance that may interfere with Features.
7. AMAZIX**’S RIGHTS**
7.1 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. 7.2 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. 7.3 Should the User be in breach of the provisions under the GTCs, AmaZix will have the right, upon its sole decision and with no liability, to deny the User further use of the AmaZix Moderation Bot.
8.1 The User undertakes to pay the Fees according to the payment plan selected in the Purchase Order. Payment plans may be annual or monthly. 8.2 The payment plan set forth in the Purchase Order is binding on the User for the entire duration of the GTCs and can not be unilaterally amended by the User. 8.3 The Parties agree that the Fees will be paid as follows: (a) in fiat currency and, in particular, USD which is the currency of reference; (b) in Cryptocurrency (only BTC and ETH) or other fiat currencies according to separate agreements among the Parties. 8.4 AmaZix will issue invoices according to the payment plan provided for under the Purchase Order. 8.5 In the event of Fees to be paid in Cryptocurrency, the Parties agree to refer to www.coinmarketcap.com (or another internationally renowned website if www.coinmarketcap.com is unavailable) as provider of the exchange rate. The applicable exchange rate will be the one at date and time established in the relevant invoice.
9. DURATION AND WITHDRAWAL
9.1 The GTCs applies for the duration of the AmaZix Moderation Bot payment plan set forth in th Purchase Order. 9.2 The User’s payment plan subscription for the AmaZix Moderation Bot will automatically renew, unless the User withdraws from the payment plan subscription before the end of the relevant payment plan subscription.
10. EXPRESS TERMINATION CLAUSE
10.1 AmaZix has the right to immediately terminate the GTCs if the User is in breach of any of the provisions under Clauses "Obligations of the User", “Fees” and “Intellectual Property”.
11. USER’S CONTENT
11.1 In connection with accessing and using the AmaZix Moderation Bot premium 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. 11.2 AmaZix does not own nor claim ownership of such content and is not legally responsible for such content.
12. INTELLECTUAL PROPERTY
13. TECHNICAL ASSISTANCE
13.1 AmaZix undertakes to provide the User with technical assistance for the correct use of the AmaZix Moderation Bot premium version. 13.2 The User acknowledges that AmaZix will: (a) render the technical assistance via a dedicated Telegram group and that other means of communications, such as emails and telephone, are expressly excluded; (b) provide replies for any technical assistance requests within 24 hours from the relevant request; 13.3 AmaZix does not assume any obligation concerning the timely fix of the issues or the timely provision of support.
14. NO WARRANTIES
14.1 The AmaZix Moderation Bot premium version and its Features are offered "AS IS". 14.2 AmaZix does not provide any warranties, whether explicit or implied, including implied warranties concerning non-infringement, merchantability and fitness for a particular purpose. 14.3 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. 14.4 Limitations and exclusions in the present Clause apply to the maximum extent allowed under the law.
15. LIMITATIONS OF LIABILITIES
15.1 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 premium version, or any part thereof. 15.2 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. 15.3 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. 15.4 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. 15.5 Total liability of AmaZix towards the User for any possible request of damages is limited to the Fees. 15.6 The GTCs do not limit nor exclude AmaZix’s liabilities for willful misconduct or gross negligence. 15.7 Limitations and exclusions in the present Clause apply in the maximum extent allowed under the applicable law.
16.1 The User can not transfer or assign, as a whole or in part, the right to use the AmaZix Moderation Bot and the GTCs to third parties without AmaZix’s prior written consent. 16.2 The User already grants AmaZix with the authorization to assign, as a whole or in part, the GTCs to a third party in any moment, including assignment or sale of a business as a going concern.
17.1 Any communications to be made according to the GTCs will be in writing and will be sent by registered letter with return receipt or other means of communications with confirmation of receipt at the addresses communicated by a party to the other.
18.1 The GTCs are binding on the parties and on their respective successors. 18.2 The GTCs represent the final and complete definition of the relations between the parties with reference to its scope, constitute the only source of rights and obligation between them, and overrule and extinguishes any previous agreements whether written, oral or de facto. 18.3 Each party declares that the execution of the GTCs is not based on pre-contractual declarations. 18.4 Mere silence, or the absence of a prompt reaction, of AmaZix in case of any breach of the GTCs 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. 18.5 Rights and remedies provided in the GTCs are not exclusive but are in addition to those available under the applicable law. 18.6 Clause titles are inserted only for enhancing the GTCs understanding and, therefore, they should not be taken into account for its interpretation. 18.7 Should a provision of the GTCs be judged null or invalid by a court or another competent authority, such a provision will be considered erased from the GTCs and the remaining provisions will remain effective and valid.
19. APPLICABLE LAW, JURISDICTION AND COMPETENT COURT
19.1 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. 19.2 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.