These Terms of Service are binding on any use of Bot4Pro’s Service(s) and you will be bound by such terms. Our Service(s) will evolve over time. We reserve the right to change these Terms of Service at any time, effective upon the posting of the modified terms on our Electronic Platform. It is your obligation to ensure that you have read, understood and agree to the latest Terms of Service available on our Electronic Platform and you will be bound by such terms.
1. For the purposes of these Terms of Service:
“Bot4Pro”, “we”, “us” or “our” means Bot4Pro Limited, a company incorporated under the laws of Hong Kong;
“Content” includes without limitation any content, data, information, messages or translations, whether by way of text, audio, video, image or otherwise, provided or accessible through our Service(s);
“Electronic Platform” means: (a) the Internet site at the domain https://bot4pro.ai, https://listcochat.ai or any other website operated by or on behalf of Bot4Pro; or (b) any digital interface or system accessible through a mobile app or other electronic means operated by or on behalf of Bot4Pro;
“IP Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual property rights, anywhere in the world whether or not registered;
“Notice” notice to you by electronic mail;
“person” includes any individual, company, firm, partnership or entity;
“Service” means any service (as may be changed or updated from time to time) provided by us, in the form of computer program or otherwise, through our Electronic Platform, including but not limited to our AI-powered product named “Listcochat”;
“Usage Information” means any information input by you or with your authority through or into our Electronic Platform when using our Service(s) (e.g. questions you asked and information or feedback you input when using our chatbot or search engine); and
“you” or “your” means any person authorized by us to use the Service(s) as an expert in our network or subscriber to our Service(s).
2. Where we grant you the right to access and use our Service(s), such right shall be non-transferable and shall not permit local area network or wide area network distribution of Content. You shall not share your account with any person save with our express written consent.
3. We may, at our absolute discretion and at any time, add, amend, alter or remove, without prior notice to you the presentation, substance, functionality of any Service(s) or its Content.
4. You must only use our Service(s) for your own lawful business purposes, in accordance with these Terms of Service and any terms and conditions delivered by Notice or posted on our Electronic Platform. You acknowledge and agree that, to the extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of our Service(s), Electronic Platform or these Terms of Service.
5. You acknowledge and agree that, when using our Service(s), the Usage Information you input may be recorded and used by us for training our model(s) or system or related purposes. You shall not include any personal data or confidential information of any person in the Usage Information when using our Service(s). You acknowledge and agree that any IP Rights in relation to the Usage Information will be owned by us and we shall have the right to use such information in such manner as we deem fit.
6. You acknowledge and agree that our Service(s) is provided on an "as is" basis and that any use of its Content is at your own risk. We do not make any warranty, expressed or implied, and do not take responsibility of any kind whatsoever for the accuracy, completeness, quality, suitability, reliability, or merchantability of our Service(s) or its Content. This includes, without limitation, Content derived from The Hong Kong Exchanges and Clearing Limited (or any other third party data providers) and/or processed or created (or translated, where applicable) by third party large language model(s).
7. The Content contained in our Service(s) is provided for information and reference purposes only. It does not constitute or form part of any offer or invitation to subscribe for or sell any financial products. Nothing contained in our Service(s) shall form the basis of any contract or commitment whatsoever, nor should it be considered a recommendation to purchase or sell any financial products. Additionally, no warranty is given regarding the accuracy, reasonableness or completeness of any indicative pricing levels or performance, disclosure materials, valuations and other analysis shown in our Service(s).
8. Our Service(s) may experience delays or interruptions from time to time due to various reasons, including but not limited to the need to update our system(s). Communications over the Internet are not secure, and information contained in our Service(s) may be intercepted, lost, destroyed or delayed. We do not accept any liability for such occurrences and do not warrant that any communication or attachments or the software will be free from viruses, worms, or other harmful components. Furthermore, we do not guarantee that the use of our Service(s) will be uninterrupted or error-free. The operation and availability of the systems used for accessing our Service(s), including telephone services, computer networks, and the Internet, can be unpredictable and may interfere with or prevent access to our Service(s).
9. Neither Bot4Pro, nor any of its directors, officers, employees or developers, nor any third-party vendor, shall be liable for any loss or damage incurred in relation to the use of our Service(s) or any failure or interruption of our Service(s) or from any other cause relating to your access to, inability to access, our Service(s) or any inaccuracy, incompleteness, omission, non-suitability or third party right infringement of our Service(s) or its Content. This applies regardless of whether the circumstances giving rise to such cause may have been within the control of Bot4Pro or any vendor providing software or services support.
10. Without prejudice to the preceding clauses, in no event shall Bot4Pro, or any of its directors, officers, employees or developers, or any third party vendor, be liable to you or anyone for any direct, consequential, incidental, special, or punitive damage, including any lost profits or savings, or for any third party claim of any nature whatsoever related to our Service(s) or its Content.
11. You shall pay any subscription or other fees due to us as specified in any Notice or our Electronic Platform. Any fee shall not include mobile telecommunications service fee and/or internet service fee collected by mobile network service provider. You shall inform us within 7 days of any change in name or email address or billing information provided by you to us. We reserve the right at all times to amend any fees or introduce new fees which amendments shall be deemed to have been notified to you when they are delivered by Notice or posted on our Electronic Platform. If you continue to use our Service(s), you will be deemed to accept the amendments.
12. Without prejudice to the preceding clauses, our total liability for damages, losses and causes of action, whether in contract, tort (including negligence) or otherwise, if at all, shall in no event exceed the total amount of fees paid by you to us in the previous 3 months.
13. If the subscriber or authorized user to our Service(s) is a firm or body corporate and you are using the Service(s) under the subscription or authorization of such firm or body corporate, you shall ensure you have the authority to agree to these Terms of Service on behalf of such firm or body corporate and agree that by using the Service(s) you bind such firm or body corporate to the performance of any and all obligations that you become subject to by virtue of these Terms of Service, without limiting your own personal obligations under such terms.
14. We may suspend or terminate the Service(s) forthwith at any time without notice if in our reasonable opinion there is a breach or potential breach of any term of these Terms of Service, or any use or action is inappropriate, in relation to your account.
15. Upon the effective date of termination of the Service(s) all licenses (if any) and other rights and privileges granted to you shall forthwith cease, and you shall not be entitled to a refund of any fees which have been paid in advance.
16. If you prematurely terminates the Service(s) for any reason within the specified subscription period, you shall pay the remaining fee for the designated subscription period as the early termination fee. Any subscription fees paid will not be refunded if you switch to a service plan with a lower monthly fee.
17. You must ensure all user name(s) and password(s) required to access our Service(s) are kept secure and confidential. you must immediately notify Bot4Pro of any unauthorized use of your passwords or any other breach of security and you must take all other actions that Bot4Pro reasonably deems necessary to maintain or enhance the security of Bot4Pro’s computing systems and networks and your access to our Service(s).
18. As a condition of these Terms of Service, when accessing and using our Service(s), you must:
(a) not use, directly or indirectly our Service(s) or the Content for the purposes of training any AI model or AI-powered tool that is not operated by us;
(b) not modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver our Service(s) or operate our Electronic Platform;
(c) not undermine the security or integrity of Bot4Pro's computing systems or networks or, where our Service(s) are hosted by a third party, that third party's computing systems and networks;
(d) not use, or misuse, our Service(s) in any way which may impair the functionality of our Service(s) or Electronic Platform, or other systems used to deliver our Service(s) or impair the ability of any other user(s) to use our Service(s) or Electronic Platform;
(e) not gain unauthorized access to any materials or any part of our servers or data areas other than those to which you have been given express permission to access or to the computer system on which our Service(s) are hosted;
(f) not transmit, or input into our Electronic Platform, any files that may damage our or any other person's computing devices or software, content that may be offensive, or material or Usage Information in violation of any law (including Usage Information or other material protected by copyright or trade secrets which you do not have the right to use);
(g) not use automated systems or software to extract data from our Service(s) or Electronic Platform, whether by way of “screen scraping” or otherwise; and
(h) not attempt to do any of the above.
19. Unless required to do so by law, you will preserve the confidentiality about the process, architecture and training methodology of our model(s) and system(s) relating to the Service(s) if you are provided with any information in such regard.
20. Bot4Pro maintains a privacy policy that sets out the parties’ obligations in respect of personal information. You shall read it at our Electronic Platform at https://bot4pro.ai and you will be taken to have read and accepted our privacy policy when you accept these Terms of Service.
21. Title to and all IP Right(s) in our Service(s) and its Content, our Electronic Platform and any documentation relating to our Service(s) shall remain the property of Bot4Pro, subject to any third party rights of Content providers.
22. Any notice given under these Terms of Service by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Bot4Pro must be sent to info@bot4pro.ai or to any other email address posted on our Electronic Platform or notified to you by Notice. Notices to you will be sent to the email address which you provided when setting up your access to our Service.
23. If any part or provision of these Terms of Service is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of these Terms of Service will be binding on you and Bot4Pro.
24. These Terms of Service, together with Bot4Pro’s privacy policy and the terms of any other notices or instructions given to you under these Terms of Service, and any supplemental terms and conditions that may be posted by us on our Electronic Platform, supersede and extinguish all prior agreements, representations (whether oral or written), and understandings and constitute the entire agreement between you and Bot4Pro relating to our Service(s) and the other matters dealt with in these Terms of Service.
25. If either party waives any breach of these Terms of Service, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
26. The Contract (Third Party Rights) Ordinance (Chapter 623 of the Laws of Hong Kong) does not apply to the agreement constituted by these Terms of Service. Any person, other than you and Bot4Pro, may not enforce such agreement under the Contract (Third Party Rights) Ordinance.
27. These Terms of Service and matters relating to the use of our Service(s) shall be governed by the laws of the Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”) and the parties hereby submit to the exclusive jurisdiction of the courts of Hong Kong.
28. If there is any inconsistency or ambiguity between the English version and any Chinese version, the English version shall prevail.
Effective: 18 March 2024
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