Terms of Service
Terms of Service
Effective Date: October 20, 2024
These Terms of Service constitute a legally binding agreement between you and Articulat (articu.lat) (together with its subsidiaries and affiliates, "Articulat", "we," "our" or "us") governing your use of our products, services, information, contents and tools, mobile application (the "App"), and website (the "Site" and collectively with the foregoing, the "Services").
YOU ACKNOWLEDGE AND AGREE THAT, BY CLICKING ON THE "I AGREE" OR SIMILAR BUTTON, REGISTERING FOR AN ACCOUNT, DOWNLOADING THE APP OR ANY APP UPGRADES, USING THE APP ON YOUR MOBILE DEVICE, VISITING THE SITE, ACCESSING OR USING THE SERVICES, OR PARTICIPATING IN AN ELECTRONIC CONVERSATION FACILITATED BY THE SERVICES (ANY SUCH PARTICIPANT, A "CONVERSATION PARTICIPANT"), YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, WHETHER OR NOT YOU HAVE REGISTERED VIA THE SITE OR THE APP. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SERVICES.
These Terms of Service apply to all users of the Services, including without limitation browsers, vendors, customers, merchants, consumers, content contributors, Business Owners (as defined below) and Agencies (as defined below). These Terms of Service are effective as of the date you first click "I agree" (or similar button or checkbox) or use or access the Services, whichever is earlier.
Any personal data you submit to us or which we collect about you is governed by our Privacy Policy ("Privacy Policy"), available at articu.lat/privacy. You acknowledge that by using the Services, you have reviewed the Privacy Policy.
PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND ARTICULAT CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 19). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION.
Table of Contents
- Our Services
- Account Security
- Agencies and Business Owners
- User Generated Content
- Communication
- Communication with Clients
- Prohibited Uses
- Representations
- Billing
- Termination
- Third Party Links
- Ownership
- Confidential
- Disclaimer
- Indemnification
- Dispute Resolution
- Governing Law
- General Provisions
Our Services
We provide a platform that enables businesses and individuals to create automated chat flows that they can deploy across a wide range of messaging services, social media, and other third-party platforms.
If you purchase or use our Services, you're doing so through Articulat, and such purchase and use is subject to this Agreement; provided, that if you've entered into a separate agreement or order form with us governing the purchase or use of our Services, such separate agreement or order form will govern in the event of a conflict with this Agreement.
Account, Password, Security, and Phone Use
You must register with Articulat and create an account to use the Services (an "Account") and as part of that process you will be requested to provide certain information, including without limitation your name, phone number and email address, which may be provided by linking certain services, including without limitation Instagram, Facebook, WhatsApp or Telegram, to your Account.
By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete. You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any login and password provided by you or given to you by Articulat for accessing the Services. You are solely and fully responsible for all activities that occur under your password or Account, even if not authorized by you.
Agencies and Business Owners
A "Business Owner" is any individual or entity that uses Articulat's Services to market, support, develop, or otherwise commercialize their business, services, or products. An "Agency" is any service provider retained or hired by a Business Owner to create and/or manage an Articulat account and use the Services on the Business Owner's behalf.
The Business Owner shall be the sole and exclusive account representative of any Account created on its behalf by an Agency.
User Generated Content
"User Generated Content" is defined as any content, information, and materials that may be textual, audio, or visual that you or any Conversation Participant provide, submit, upload, publish, or make otherwise available to the Services and our users.
You hereby represent and warrant to Articulat that your User Generated Content will not be false, inaccurate, or infringe on any third party's rights, and will comply with all applicable laws.
Communication by Text Message or Email
If you would like to communicate with your users via text message or email, you hereby agree to the following Compliance and Indemnity Terms ("CIT"). You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state and federal laws.
Communication with Articulat and its Clients
You verify that any contact information provided to Articulat and its clients, including, but not limited to, your email address and phone number, is true and accurate.
Prohibited Uses
You are prohibited from using the Services for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any laws, rules, or regulations.
Representations and Warranties
You represent and warrant that you are 18 years of age or older, or are at least of the legally required age in the jurisdiction in which you reside.
Billing and Payment
Payment for the Services is processed via third-party payment processing systems. All prices and fees displayed are exclusive of applicable federal, state, local or other governmental sales, goods, and services taxes.
Termination and Suspension
Articulat reserves the right to terminate or suspend your access to the Services for any violation of these Terms.
Links to Third-Party Websites
The Services may contain links to third-party websites. Such links do not constitute endorsement by Articulat or association with those websites.
Ownership and Intellectual Property Rights
All content and materials provided through the Services are owned by Articulat and are protected by applicable intellectual property laws.
Confidential Information
You agree to protect Articulat's confidential information and not to disclose it to third parties without Articulat's prior consent.
Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.
Indemnification
You agree to indemnify, defend, and hold harmless Articulat from any claims arising out of your use of the Services.
Dispute Resolution – Arbitration & Class Action Waiver
All disputes will be settled by binding arbitration under the American Arbitration Association. Class action lawsuits are waived under this agreement.
Governing Law
This Agreement will be governed by and construed under the laws of the State of California, without regard to its conflict of law principles.
General Provisions
This Agreement constitutes the complete and exclusive agreement between you and Articulat with respect to its subject matter and supersedes and governs any prior agreements or communications.
Contacting Us
If you have any questions about these Terms of Service, please contact us by email at info@articu.lat
Note: These Terms of Service are for informational purposes only and do not constitute legal advice. You should consult with a legal professional for advice on your specific situation.