Am Heiligen Busch 8,
Dortmund, NRW 44227
- “I,” “me,” and ”my” refers to David Hawig
- ”Party” and ”Parties” refers to both the Client and David Hawig, or either the Client or David Hawig
- Florence website at http://www.florence.chat (the “Site”) as well as the Florence chatbot (“chatbot” or “bot”), which is provided via Facebook Messenger, Skype and Kik are collectively referred to as the “Services.”
- The Services are based upon and utilize Facebook Messenger, Skype and Kik (the “Platform”) on your personal computer or mobile device
- The term “Content” includes, without limitation, information, data, text, photographs, videos, GIFs, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services
Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Florence is an automated messaging tool focused on the health and wellness space. This tool is powered by an artificial intelligent and natural language processing engine that allows users amongst other things to: 1) search for information on health and wellness related topics, 2) set reminders to take medications/vitamins/birth control pills or to refill prescriptions, and 3) track the evolution of self-reported health and wellness indicators (e.g. weight, mood or pain level).
BEWARE: You understand and agree that the chatbot Florence and related Services do not provide medical advice, diagnosis, treatment, or prescriptions, either through the website, the bot, or any other services. This chatbot should not be used in medical emergencies and does not support emergency calls. The Services and Content are not a substitute for professional medical advice, diagnosis, treatment or prescriptions. Please seek medical advice and treatment only from a healthcare provider. In case of a medical emergency, call your country’s Emergency Number immediately. Never disregard professional medical advice or delay in seeking it because of something you have read through the Services. You understand that the Services I provide is for information purposes only; it is not medical advice! You assume full responsibility for the use of any information obtained through my Services. I have no responsibility to take any medically related action or provide medical advice in response to any information you provide through my Services.
ELIGIBILITY TO USE THE SERVICES: You represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use the Services. I may, in my sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that your use of the Services complies with all laws, rules, and regulations applicable to you and that your use of the Services in your particular jurisdiction is not prohibited by applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.
User Rights and Restrictions
If you use the chatbot Florence, you have the following rights:
RESTRICTIONS: You may not work around any technical limitations of the bot;
You shall not (directly or indirectly):
(i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction,
(ii) modify, translate, or otherwise create derivative works of any part of the Services, or
(iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations;
You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty; you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by me in my sole discretion;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of mine or of any third party; impersonates any person or entity, including any of my employees or representatives;
- implies any sponsorship or association with Florence chatbot; or includes anyone’s identification documents, personal health information, or sensitive financial information;
You shall not:
(i) take any action that imposes or may impose (as determined by me in my sole discretion) an unreasonable or disproportionately large load on my (or my third party providers’) infrastructure;
(ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(iii) bypass, circumvent or attempt to bypass or circumvent any measures I may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated scripts, software, devices, or other processes to “crawl” or “spider” any page of the Site, or to otherwise interact with the Site or the Services; (vi) harvest or scrape any Content from the Services; or
(vii) otherwise take any action in violation of my guidelines and policies;
You may not use the bot in any way prohibited by law, regulation, governmental order or decree;
Use the bot to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Use the bot to engage in activity that is false or misleading or that is harmful to you, others (including children), or the bot (e.g., transmitting viruses, communicating hate speech, or advocating violence against others);
Use the bot to share inappropriate content, advertising, spam, spyware or malware;
Use the bot to gain (or attempt to gain) unauthorized access to any service, data, account or network by any means.
Infringe upon the rights of others;
Use the bot anywhere other than the platform where I have made it available, unless I have enabled such uses;
Remove, modify, or tamper with any notice or link that is incorporated into the bot.
AVAILABILITY OF CONTENT: I do not guarantee that any Content will be made available on the Site or through the Services. I reserve the right to, but do not have any obligation to, (i) remove, edit or modify any Content in my sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if I are concerned that you may have violated these Terms of Service), or for no reason at all and (ii) to remove or block any Content from the Services.
YOUR CONTENT: You grant to me the right to use any content that you submit via the bot as necessary for me to provide the service to you.
NOTICES AND RESTRICTIONS: The Services may contain Content specifically provided by me, my partners or my users, and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.
LINKS TO THIRD PARTY WEBSITES OR RESOURCES: The Services may contain links to third-party websites or resources. I are not responsible for the content, products or services on or available from those websites or resources or links displayed on such websites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources (including those provided by your provider).
Indication of source for images and graphics
DISCLAIMER OF WARRANTY: THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE EXTENT PERMITTED BY LAW, I EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. I make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. I make no warranty regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of the Services or any information provided to you via the Services.
You assume total responsibility and risk for your use of the Services and communications made via the Services, including by internet and text message. You understand and agree that any uploads or transmissions through the Services could be intercepted and used by an unauthorized third party and that all of the risk associated therewith is solely yours. You also agree that Conversa will have no liability whatsoever for any unavailability of the Services or loss or inadvertent unauthorized use or disclosure of data or misdelivery or nondelivery of communications caused by system outages or any third party acts or any other outages involving the Services, internet providers, the internet infrastructure, or any third parties.
LIMITATION ON AND EXCLUSION OF REMEDIES AND DAMAGES: Neither David Hawig nor any other party involved in creating, producing, or delivering the Services will be liable for any direct, incidental, special, exemplary or consequential damages, including lost profits, loss of data or goodwill, service interruption, computer damage or system failure or the cost of substitute Services arising out of or in connection with these terms or from the use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not conversa has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.
Your sole remedy for any dissatisfaction with the services is to stop using the Services.
To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from me only direct damages up to the amount you paid for the bot or USD$1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from me. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 90 days from when you begin using the bot.
The exclusions and limitations of damages set forth above are fundamental elements of the basis of the bargain between myself and you.
This limitation applies to:
- Anything related to the bot or Services made available through the bot; and
- Claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law.
This limitation applies even if:
- This remedy doesn’t fully compensate you for any losses; or
- I knew or should have known about the possibility of the damages.
- If you use the website, you have the rights below:
You must not:
- Republish material from my Services
- Sell, rent or sub-license material from my Services
- Reproduce, duplicate or copy material from my Services
- Redistribute content from my Services (unless the content is specifically made for redistribution).
PLATFORM: The Services are based upon and utilize Facebook Messenger, Skype, and Kik on your personal computer or mobile device. To use the Services on a mobile device, you must have a mobile device that is compatible with the Service. I do not warrant that the Services will be compatible with your mobile device. The foregoing license grant in these Terms of Service is not a sale of the Service as a mobile application, and I and my third-party licensors or suppliers retain all right, title, and interest in and to any associated mobile applications used to access the Services. Standard carrier data charges may apply to your use of the Services through a mobile application.
INDEMNIFICATION: You shall defend, indemnify, and hold harmless me, my affiliates and each of my and their respective employees, contractors, directors, suppliers, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your identity to access or use the Services, of any intellectual property or other right of any person or entity related to your access or use of the Services. I reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with me in asserting any available defenses.
TERMINATION: I may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. All provisions of these Terms of Service which by their nature should survive termination shall survive termination, including, without limitation, licenses to me of User Content, ownership provisions, warranty disclaimers, indemnity and limitations of liability. If I believe that you are making unauthorized use of the bot or that you are in violation of these terms, it may suspend or terminate your access to my service with or without notice. This may result in a loss of your data.
REMOVAL OF LINKS FROM MY SERVICES If you find any link on my Services or any linked web site objectionable for any reason, you may contact me about this. I will consider requests to remove links but will have no obligation to do so or to respond directly to you. While I endeavor to ensure that the information on this website is correct, I do not warrant its completeness or accuracy; nor do I commit to ensuring that the website remains available or that the material on the website is kept up to date.
LEGAL EFFECT: This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.