Answering App Terms of Service
Welcome to AnsweringApp! By accessing or using our application, software, tools, data, documentation, or website (collectively, the “Services”), you agree to comply with and be bound by these Terms of Service (“Terms”). Please read them carefully. If you are entering into these Terms on behalf of an entity, you represent that you have the authority to bind that entity.
- “You” or “User” refers to the individual or entity using the Services.
- “AnsweringApp”, "AnsweringBot", “we,” “us,” or “our” refers to AnsweringApp by Umbrella Micro Enterprises Inc. (“Umbrella”).
- “Representatives” means AnsweringApp’s employees, affiliates, agents, and suppliers.
- “Parties” refers to both you and AnsweringApp collectively.
These Terms constitute the entire agreement between you and AnsweringApp regarding your use of the Services, superseding any prior agreements.
Your privacy is important to us. Our
Privacy Policy explains how we collect, use, and protect your personal information when you use our Services. By using the Services, you consent to the collection and use of information in accordance with our Privacy Policy.
We grant you a non-exclusive, non-transferable license to access and use the Services in accordance with these Terms. All rights not expressly granted to you are reserved by AnsweringApp.
Restrictions on Use
You agree not to engage in any of the following prohibited activities when accessing or using the Services:
Modification or Reproduction
Modify, copy, or create derivative works of any part of the Services without obtaining our prior written consent.
Illegal Activities
Use the Services for any unlawful purpose, including but not limited to activities that violate applicable laws, regulations, or legal obligations.
Malicious Content
Upload, transmit, or distribute any malicious content, including but not limited to viruses, worms, or other harmful software code.
Security Interference
Interfere with, compromise, or disrupt the integrity or security features of the Services, or attempt to gain unauthorized access to any part of the Services, systems, or networks.
Automated Access
Use automated means, including but not limited to bots, scrapers, or other automated tools, to access, retrieve, or interact with the Services without our explicit permission.
Impersonation or Misrepresentation
Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person, entity, or organization.
Reverse Engineering
Reverse engineer, decompile, disassemble, or attempt to derive the source code of any part of the Services, except as permitted by applicable law.
Your Responsibilities
User Input:
You may submit content (referred to as "User Input") to the Services. You are solely responsible for ensuring that all User Input complies with applicable laws, regulations, and these Terms of Service. Any violations or legal liabilities arising from User Input are solely your responsibility.
User Output:
The Services may generate content based on your User Input (referred to as "User Output"). You are solely responsible for any use of the User Output, including ensuring that it does not violate any applicable laws, infringe upon the intellectual property rights, privacy rights, or other rights of third parties, or otherwise result in harm or liability.
Rights You Grant Us:
By submitting User Input, you grant AnsweringApp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and display your User Input solely for the purpose of operating, providing, and improving the Services. This license is limited to the extent necessary for these purposes and does not transfer ownership of your User Input.
Prohibited Content
You are strictly prohibited from using the Services to upload, share, or otherwise engage in activities involving the following types of content:
Illegal or Harmful Content
Content that is unlawful, promotes illegal activities, or poses harm to individuals or entities.
Defamatory, Harassing, or Threatening Content
Content that is defamatory, libelous, harassing, abusive, or intended to threaten or intimidate others.
Obscene or Objectionable Content
Content that is obscene, pornographic, or otherwise deemed objectionable or inappropriate.
Infringing Content
Content that infringes upon the intellectual property rights or proprietary rights of any third party, including copyrights, trademarks, patents, or trade secrets.
Enforcement and Termination of Access
We reserve the right, at our sole discretion, to suspend or terminate your access to the Services at any time and without prior notice if you violate these Terms or engage in any activities deemed inappropriate or harmful to the Services or other users. This includes, but is not limited to, the dissemination of prohibited content as outlined above.
Subscriptions
Certain services offered by us require a subscription. By subscribing, you acknowledge and agree to pay all applicable fees and charges associated with the subscription.
Payment Terms
Billing:
Fees for subscriptions are billed in advance and may also include overage charges, where applicable. All payments are non-refundable, except as required by applicable law.
Automatic Renewal:
Subscriptions will automatically renew at the end of each billing cycle unless you cancel the subscription before the renewal date. By not canceling, you authorize us to charge your payment method for the applicable subscription fees.
Changes to Fees:
We reserve the right to modify subscription fees upon providing at least 30 days’ notice. Your continued use of the services after the effective date of any fee changes constitutes your acceptance of the new fees.
Cancellation
You may cancel your subscription at any time through your account settings. The cancellation will take effect at the end of the current billing cycle, and you will continue to have access to the services until that time. No refunds will be issued for the remaining billing period unless otherwise required by applicable law.
Disclaimers
The Services are provided on an "as is" and "as available" basis, without any warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.
We do not warrant or guarantee that the Services will be uninterrupted, error-free, or meet your specific requirements or expectations.
Limitation of Liability and Indemnification
Limitation of Liability
To the fullest extent permitted by applicable law, AnsweringApp and its affiliates, officers, directors, employees, agents, and representatives ("Representatives") shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising out of or related to your use of the Services, even if advised of the possibility of such damages.
The total aggregate liability of AnsweringApp and its Representatives for any claims, damages, or losses arising from or in connection with these Terms or the Services shall not exceed the total amount you have paid to AnsweringApp in the twelve (12) months preceding the claim.
Indemnification
You agree to indemnify, defend, and hold harmless AnsweringApp and its Representatives from and against any and all claims, liabilities, damages, losses, expenses, or costs (including reasonable attorneys’ fees) arising out of or related to:
- Your use of the Services;
- Your violation of these Terms;
- Any infringement by you of the intellectual property or other rights of any third party.
This provision shall survive the termination or expiration of these Terms and your use of the Services.
AnsweringApp’s Intellectual Property
All content and materials provided by AnsweringApp, including, but not limited to, software, logos, designs, text, graphics, and data, are the exclusive property of AnsweringApp and are protected under applicable intellectual property laws. Any unauthorized use, reproduction, distribution, or modification of AnsweringApp's intellectual property is strictly prohibited without prior express written consent from AnsweringApp.
Feedback
By providing any feedback, suggestions, or ideas (“Feedback”) to AnsweringApp, you hereby grant AnsweringApp a worldwide, perpetual, irrevocable, sublicensable, and royalty-free license to use, reproduce, modify, distribute, and otherwise exploit such Feedback in any manner, without any obligation or compensation to you.
Third-Party Links and Services
The Services may include links to third-party websites, resources, or services. AnsweringApp does not endorse, control, or assume any responsibility for the content, functionality, policies, or practices of these third parties. Access to and use of third-party websites or services is solely at your own risk.
Modification of Terms
AnsweringApp reserves the right to update or revise these Terms at any time. Any changes will become effective upon their posting to our website. Your continued access to or use of the Services after the updated Terms have been posted constitutes your acceptance of the revised Terms.
Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any principles of conflicts of law that would result in the application of the laws of another jurisdiction.
Arbitration Agreement
Binding Arbitration
Any disputes, claims, or controversies arising out of or relating to these Terms, including the breach, termination, enforcement, interpretation, or validity thereof, will be resolved exclusively through binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be conducted in [Specify Location, e.g., the United States], and the arbitrator's decision will be final and binding on all parties.
Opt-Out of Arbitration
You have the right to opt out of this arbitration agreement. To do so, you must notify us in writing within 30 days of the date you first accepted these Terms. The notice must include your full name, contact information, and a clear statement that you wish to opt out of arbitration. Send the notice to: [Insert Mailing Address or Email Address].
Class Action Waiver
You agree to resolve any disputes, claims, or controversies with us on an individual basis. By agreeing to these Terms, you waive the right to participate in or bring any class, collective, or representative action against us, whether in arbitration, court, or any other forum.
Limitation of Liability due to other factors
We shall not be held liable for any failure or delay in the performance of our obligations under these Terms due to events or circumstances beyond our reasonable control. Such events may include, but are not limited to, acts of God, natural disasters, war, acts of terrorism, civil disturbances, governmental actions, or other force majeure events.
Entire Agreement
These Terms of Service constitute the complete and exclusive agreement between you and AnsweringApp with respect to the Services. They supersede and replace any prior or contemporaneous agreements, communications, or understandings, whether oral or written, related to the subject matter of these Terms.
Severability
If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be deemed severed from the Terms, and the remaining provisions shall continue in full force and effect.
No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be expressly agreed to in writing to be effective.
Contact Information
If you have any questions or concerns regarding these Terms, please contact us at: support@umbrellaus.com
Acknowledgment and Acceptance
By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. Your continued use of the Services constitutes your acceptance of any updates or modifications to these Terms.