These Terms of Service (“Terms”) constitute a legal agreement between you (“You”) and Bianor Holding (“Bianor”), for Your use of Bianor’s website (the “Website”) and Bianor’s service (the “Service”).
“Service” shall mean Scibe2go which integrates corporate communication with Salesforce.com, providing complete customer communication history through saving all call details, recording conversation and transcribing speech to text.
“Website” shall mean the website of the Service.
- Accepting the Terms
1.1 In order to use the Service, You shall first accept the Terms by:
- clicking to accept the Terms, where this option is made available in the user interface; or
- by using the Service. The actual use of the Service will be considered as acceptance of the Terms.
- Prices and Payment
2.1 In order to use the Service You agree to pay the price set forth on the Website (including applicable taxes such as value-added tax or other taxes, fees or surcharges associated with the payment of the price). The price is flat and does not depend on the number of phones used with the Service. The price on the Website excludes any charges assessed by Your fixed or mobile telephone providers. The use of the Service could lead to change of the billing conditions applied by Your telephone providers.
2.2 Service shall be billed on subscription basis annually in advance. Bianor shall charge You the aggregate price for 12 months according to the rates in effect as of the moment of payment plus any applicable taxes and surcharges. You shall be able to use the Service as soon as Bianor receives the payment. Bianor shall be entitled on its sole discretion to update the rates from time to time.
2.3 All payments shall be made to Bianor via credit card. Bianor shall be entitled to change the types of cards accepted at any time at its sole discretion. You shall be solely responsible for the use of the credit card account from which payment is made. You shall authorize Bianor to charge all amounts to that account and to demand immediate payment from the card issuer. You shall notify Bianor immediately in case of change of card information. You agree that if Your card is rejected or payments are disputed Bianor may terminate or suspend the Service until payments are received or disputes have been finally resolved.
- Use of the Service
3.1 shall use the Service solely for lawful purposes. You shall not be entitled without limitation to
- interrupt, monitor, damage or modify any communication which is not intended for You;
- use any type of codes or instructions such as but not limited to spiders, viruses, worms, trojan-horses, time bombs, that are designed to distort, delete, damage or disassemble the Website, the Service or the communications;
- use the Website or the Service to transmit/ send any information/ communication not permitted by applicable law;
- use the Website or the Service to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party;
- use the Website or the Service for any activity that may be considered or is unethical, immoral, illegal, interfering or infringing any third party's rights.
3.2 You shall use the option to record telephone calls strictly in compliance with applicable laws and regulations. In case applicable law does not allow, You shall not use the above option or shall use it only after an explicit and unambiguous warning to the other party to the call that the call is recorded.
3.3 You are not allowed to resale or use the Service for commercial purposes such as but not limited to sublicensing, sale, resale, transfer, assignment, distribution or otherwise generating income from the Service. Bianor shall be entitled to immediately disconnect or suspend the Service if commercial use of the Service is determined.
- Personal Data Protection
4.1 In order to use the Services including but not limited to getting free trial of the Service, as well as payment of the price You may be required to provide some personal data (such as identification or contact details, credit card information, etc.) as part of the registration process for the Service, or as part of Your continued use of the Service.4.4 Bianor shall take appropriate security measures to protect Your personal data against unauthorized access. These measures shall include internal reviews of data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems where store personal data is stroed.
4.2 Personal data shall be collected, stored, processed, used and disclosed only for the purposes related to the provision of the Service. Personal data could be disclosed only upon Your prior consent or when required by law.
4.3 Bianor shall only process information and data connected to your telephone calls (recording and transcriptions) without storing it. Such data and information shall be stored on Salesforce.com servers.
- Passwords and Account Security
You agree and understand that You are responsible for maintaining the confidentiality of passwords associated with any account You use to access the Service.5.3 If You become aware of any unauthorized use of Your password or of Your account, You agree to notify Bianor immediately at firstname.lastname@example.org.
5.2 Accordingly, You agree that You will be solely responsible to Bianor for all activities that occur under Your account.
- No Warranties
6.1 The Website and the Service are provided “as is” and “as available” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, each of Bianor, its affiliates, suppliers and resellers disclaims all warranties, express or implied. Without limiting the foregoing, Bianor shall not warrant that the functions contained in the Service will be uninterrupted or error-free or that the servers making them available are free of any harmful components. Bianor shall not warrant or make any representations regarding the use or the results of Service in terms of their correctness, accuracy, reliability, or otherwise. You assume the entire risk of the use of the Services and the cost of all necessary servicing, repair, or correction. You acknowledge that any data or information obtained or acquired through the use of the Service is at Your sole risk and discretion and Bianor shall not be liable or responsible for any damage to You or Your property. No advice or information, whether oral or written, obtained by You from Bianor, its employees, or through the Service shall create any warranty not expressly stated in these Terms.6.2 Use of the Website and the Service may be subject to limitations, delays, and other problems inherent in the use of third party services, internet and electronic communications. Bianor is not responsible for any delays, delivery failures, or other damage resulting from such problems.
- Limitation of Liability
In no event shall Bianor or its affiliates, licensors, suppliers or resellers be liable for any direct, indirect, consequential, incidental, special, punitive or exemplary damages arising out of or relating to the use of the Service or related to these Terms, however caused and under any theory of liability (including negligence). You agree that Bianor and its affiliates, licensors, suppliers and resellers shall not be liable for any lost profits, loss of information, loss of data, or costs of procurement of substitute goods or services.
You agree to indemnify and hold Bianor and its affiliates and its and their directors, officers, employees and agents harmless from any claims, liability, damages and expenses (including attorney's fees), due to or arising from
- content You submit, post to or transmit through the Website or the Service,
- any breach of these Terms by You;
- violation by You of any law or regulation
- Your use of the Website and the Service,
- the use of the Website or the Service by other persons using Your account, or
- violation by You or any other person using Your account, of any intellectual property or other right of any person or entity.
- Force Majeure
Neither party hereto shall be liable for defaults or delays due to Acts of God, or the public enemy, acts or demands of any government or governmental agency, fires, floods, accidents, or other causes beyond its control and not due to its fault or negligence. A force majeure event shall never excuse the failure to make a payment due hereunder, except to the extent that the force majeure event physically interferes with the delivery of the payment.
Bianor shall be entitled to change these Terms at its sole discretion from time to time, by posting a revised version at the Website. Continued use of any part of the Website or the Service following the posting of any changes to these Terms constitutes acceptance of those changes, and all changes shall thereupon become binding upon You. If You do not agree to the changes, You shall immediately notify Bianor and cease all use of the Service.
- Term and Termination
11.1 These Terms shall be effective as of the date on which You accepted them by clicking on the ACCEPT button or as of the date You commenced the use of the Website or the Service as stated above and shall remain effective until terminated by either Bianor or You as set forth below.11.3 Upon any termination in accordance with the foregoing, Bianor may immediately deactivate or delete Your account and all related information and files in Your account, reassign any telephone numbers associated with the account, and/or bar any further access to such files, information, or the Service.
11.2 Bianor shall be entitled to terminate these Terms with immediate effect at any time, with or without cause, by providing notice to You and/or by preventing Your access to the Website or the Service. You shall be entitled to terminate these Terms with immediate effect at any time, by providing written notice to Bianor. Upon termination of these Terms, You agree to immediately cease use of the Service.
- General legal terms
12.1 The Terms constitute the whole legal agreement between You and Bianor and govern Your use of the Website and the Service and completely replace any prior agreements between You and Bianor in relation to the Website and the Service.12.3 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
12.2 You agree that if Bianor does not exercise or enforce any legal right or remedy which is contained in the Terms, this shall not be considered a formal waiver of Bianor’s rights and that those rights or remedies shall still be available to Bianor.