Terms and conditions
These terms and conditions are applicable for the commercialization of “Faqbot”, a conversational agent creation software, hereafter designated as “the Software”, by the company “FAQBOT SPRL-S”, hereafter designated as “the Developer”.
"The Client" designates any person aged over 13 years, or any corporation, with full legal capacity once they enter the contract for the use of the Software with the purpose of creating a conversational agent.
The company FAQBOT SPRL-S is identified as follows:
Commercial name: FAQBOT SPRL-S Company number: BE 0670.656.812 Legal address: Chaussée de Binche 50/B17, 7000 Mons, Belgium Owners: Mathis André, Denny Wong
The conversational agent, or “chatbot”, created by the Client with the Software allows the Client to optimize the relationships with their customers and their customer support more generally, as the chatbot automatically answers the customers’ frequently asked questions.
The Software allows the Client to create a natural language interface that works exclusively with devices and/or services/applications defined by the Client.
In order to have access to the Software, the Client is required to create a personal account on the Developer’s platform.
Any information entered by the Client and saved on that account is certified by the Client to be true and sincere, and the Client undertakes to immediately notify the Developer of any change to that information. The Client therefore undertakes to keep their information up-to-date, true and sincere at any time.
Any failure on the Client’s part to comply with these terms and conditions shall result in the permanent termination of the contract and the immediate withdrawal of the Client’s licence to use the Software.
The Developer reserves the right to make changes to these terms and conditions at any time. In such a case, the Client shall receive an email notification to the email address they provided when they entered the contract.
Nature of the contract
These terms and conditions define the contractual relationship between the Client and the Developer.
By clicking on “I agree” when signing up, the Client declares that they have read, understood and accepted these terms and conditions in full.
When the Client subscribes to a plan for the use of the Software, the company FAQBOT SPRL-S grants the Client a limited, revocable and nonexclusive licence to use the Software.
The licence granted to the Client is subject to the monthly payment of a subscription fee, the conditions of which are detailed here below.
Duration of the contract
The Client subscribes to the use of the licence for a duration of minimum 1 month.
Failure to cancel the contract within the 1 month prior to its term shall result in the automatic renewal of the contract for a duration equal to the initial duration.
In case of cancellation prior to the term of the contract, the Client is still required to pay the monthly subscription fees until the end of the initial twelve-month period.
In case of cancellation resulting from the Client’s fault – such as the Client’s default of monthly payment or the Client’s abusive /improper use of the Software – the Client is still required to pay an additional fee equal to 6 months of subscription fees.
Terms of payment
The licence granted to the Client is subject to the monthly payment of a subscription fee at a price determined by the Developer when the Client enters the contract.
The Developer reserves the right to make changes to the price of the subscription at any time during the period of the contract. In that event, the Developer shall notify the Client by email to the email address provided by the Client when they entered the contract.
In case of the Client’s default of payment, even for a single monthly subscription fee, the Developer reserves the right to withdraw the Client’s access to the Software without any warning.
The Client is the only one liable for the use of the conversational agent they have created with the Software.
The Developer cannot be held liable, in any circumstances, for any malfunction of any conversational agent created with the Software. The Client remains the only one liable for the development of their own tool with the use of the Software provided by the Developer.
Once the conversational agent is created, the Client is the only one liable for any changes made to that agent, for its use and for how the agent interacts with the Client’s target audience.
When a Client signs up with a new account, they are required to provide complete, correct information and to keep that information up-to-date at any time. Any failure to comply with that requirement constitutes a violation of these terms and conditions and may result in the immediate termination of the Client’s subscription, without any notice nor compensation.
The Client undertakes to update their information immediately in case of any change to that information.
Each party involved in the contract shall treat the other party’s information as confidential information and shall thus refrain, ad infinitum, from using it or disclosing it to any third party, except in cases mentioned in the contract or with the express written consent of the other party.
The Client has a right of access, a right of information, a right of rectification and a right of suppression of any information about them in the Developer’s databases and files, in accordance with legal obligations.
Use of the Software
The Client undertakes to use the Software in accordance with the terms and conditions of the licence agreement and in accordance with the laws applicable in Belgium and in any country where the Client is present or represented.
The Software is protected by copyright and related rights. The Client does not have the right to copy the Software, make any changes to it or commercialize it.
The Developer remains the sole owner of all intellectual property rights for the Software and its content.
At all time, the Developer reserves the right to collect data sent by the Client’s browser any time the Client visits their account or uses the Software (any “log data”). These log data may include information such as the IP address of the Client’s computer.
Any data collected by the Developer are processed in accordance with privacy and data protection law.
The Client undertakes not to divert the service from its original purpose, for example by accessing information they have no right to access, or by downloading illicit data or data that may prejudice the rights of third parties, or by using the service for illicit purposes – this list is not exhaustive.
Any disruption of service, technical failure, sabotage of telecommunication means, fire, flood, damage, war, strike or lockout affecting the Developer or any of the Developer’s providers or subcontractors, as well as any delay in delivery from the Developer’s providers or subcontractors shall be considered as force majeure, even if the effects are only partial, regardless of the causes.
No compensation may be claimed by the Client for any disruption of service and/or access to the Software.
Court of competent jurisdiction
Any dispute between the parties involved in the contract is subject to the exclusive jurisdiction of the Courts of Mons Judicial District (Tribunaux de l’arrondissement judiciaire du Hainaut, Division MONS).