The platform accessible through www.chattyinsights.ai domain name (the “Site”) is provided by Chatty Insights SL (hereinafter referred to as “us”, “we” or the “Company”), a Spanish entity with registered address at Carrer de Picalquers 1 - 08001 Barcelona (Spain), and C.I.F. (Spanish tax identification number) B56168065.

1. General

These Service Terms and Conditions (“STC”) govern the use of the services offered by us, consisting in the creation of online forms, the subsequent collection, storage and related information management, and any other services as may be offered by us from time to time (the “Services”). In order to be able to use the Services, you will need to create an Account and comply with other requirements set forth in these STC.

2. Access to the Services; Account Creation

a) Eligible individuals Neither the Site nor the services are targeted towards, nor intended for use by, anyone under the age of 18. You must be at least 18 years old to access and use them as well as to use the services. By filling out the registration forms and requesting into our Services, you warrant and represent that you have that legal age. If you are creating an account for your company, you understand and agree that said company will be understood to be the owner of the Account and, hence, any contents created using the Services, and any data collected through the Services will be understood to belong to your company, unless otherwise agreed between you and your company. b) Account creation In order to access the Services, you will need to register and create an account (the “Account”). To this end, you must provide true, current, complete, and accurate information, as requested during the registration process, that refers to you. You cannot sign up or otherwise create an account with us on behalf of a third party. You undertake to notify any changes to the information submitted upon sign-up or thereafter so as to keep any information we may have in our records current and accurate.

3. Use of your Account and Services

Accounts are to be used by you, and it is strictly forbidden to share or allow others to use it. You must keep credentials for your Account secured at all times. We attribute all use of your Account to you, and you agree to be responsible for all activities that occur under your Account. You must use your Account and the Services complying with law and the public order. You shall inform respondents about (i) the usage of AI in the Services; and (ii) how their data is going to be processed (considering that the product enables the collection of partial responses, you shall inform about this and obtain any required consents before respondents start answering your forms). When using the Services, you commit not to (i) reverse engineer, decompile or disassemble any software used in the Services or the Site; (ii) interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services or the Site; (iii) use them to pursue illegal purposes, contrary to the rights and legitimate interests of us or any other third party, or in any other manner that may tamper, disrupt, overload or otherwise damage the Site and/or the Services. You cannot collect credit card information nor passwords or similar login credentials; or (iv) use, in combination with our Services, personal data or information that contains any of the following data sets or is intended to be used in connection with any of the following purposes: (a) Social Security numbers or other government-issued identification numbers; (b) information regarded as health information subject to the Health Insurance Portability and Accountability Act (HIPAA), or other information regarding a data subject’s health insurance, medical history, mental or physical condition or medical treatment or diagnosis; (c) passwords to any online accounts, or credentials to any financial accounts; (d) payment card information subject to the Payment Card Industry Data Security Standard, (e) personal data of children under 18 years of age, (f) other information that falls within any special categories of data (as defined in the GDPR – EU Regulation no. 679/2016); (g) weapons development, military and warfare; (h) management or operation of critical infrastructure in energy, transportation, and water; (i) multi-level marketing; gambling; payday lending; automated determinations of eligibility for credit, employment, educational institutions, or public assistance services; (j) generating high volumes of campaign materials; generating campaign materials personalized to or targeted at specific demographics; building conversational or interactive systems such as chatbots that provide information about campaigns or engage in political advocacy or lobbying; building products for political campaigning or lobbying purposes; (k) facial recognition of private individuals; classifying individuals based on protected characteristics; using biometrics for identification or assessment; (l) unlawful collection or disclosure of personal identifiable information or educational, financial, or other protected records; (m) engaging in the unauthorized practice of law, or offering tailored legal advice without a qualified person reviewing the information; or (n) offering tailored financial advice without a qualified person reviewing the information. Also, you may decide to use third parties to process the information you may collect through the Services (e.g. by using webhooks). In all those cases, you acknowledge and agree that those third parties are beyond our reasonable control, and that we will not be liable for any damages arising from the use of said information by them. You acknowledge that, in order to ensure compliance with legal obligations, prevent phishing or fraud, or when unlawful content is reported to us, we may be required by third parties to review certain content submitted by you to determine whether it is illegal or whether it breaches these STC. We may at our sole discretion modify, prevent access to, delete, or refuse to display content that we believe violates the law or these STC. However, you acknowledge that we have no obligation to monitor or review any content submitted by you. Finally, know that for us to offer you our Services, we need the collaboration of third parties such as Open AI. Please, acknowledge that Open AI is not an affiliate, partner, agent or representative of us. We disclaim any liability for any third-party IP, including their accuracy, integrity, quality, legality, usefulness or safety, or any intellectual property rights therein. Remember that you are solely responsible for your use of the Services, and any losses or liabilities of any kind associated with that use. The availability of any third-party IP does not imply our endorsement or affiliation with any provider of such third-party IP and does not create any legal relationship between such provider and us. By using the Services, you agree as well, to comply with all Open AI terms and conditions, which can be found here, including any restrictions on use contained therein.

4. Data Privacy

Your use of the Site and/or our services may result in the collection and further processing of information, including information having a personal nature. The referred processing shall be governed and subject to our Privacy Policy. Your use of the Services may result in the collection and further processing and analysis by you of information belonging to third parties (the “Respondents”). Any contractual relationship existing with Respondents is entered into between you and them. You are fully responsible for meeting any applicable obligations when contacting Respondents and processing their data.

5. Fees and payments

We can at any time and at our sole discretion require payment of fees for certain or all Services. We reserve the right to change the price and to institute new charges at any time upon notice to you (i.e. on the website, the platform and/or by email). By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new or increased charges.

6. Term

Both you and us can terminate your Account at any time. This section shall not prevent the rights you have as a consumer in connection with the cancellation of, or withdrawal from, your Account. For any personal data collected through the Service, please check our Privacy Policy to learn how data will be processed upon termination of the Services.

7. Suspension and termination of the Account

We are entitled to suspend or terminate your Account at our sole discretion, including but not limited to (i) in the event that you provide us with untrue, inaccurate, not current, or incomplete information when creating your Account, (ii) when you fail to comply with these STC or other mandatory provisions by law and (iii) if you do not access your Account on any occasion for an uninterrupted period of three (3) months. Finally, we may terminate your Account should you oppose the appointment of any sub-processor, as further detailed in our Privacy Policy. Please note that in all these cases you may lose all the information stored in your Account, such as interviews and responses.

8. Representations and warranties

In addition to any other representations and warranties included in these STC, you warrant and represent that you have the full power and authority to enter into these STCs, and that any approvals, consents and permissions, if any, have been obtained. In addition, you further warrant and represent that you will (i) use the Services in accordance with the provisions of these STC as well as any reasonable instructions delivered by the Company—or by any of our authorized representatives— from time to time; (ii) any contents or data used in connection with the Services will be uploaded, processed or otherwise used and acquired having obtained any necessary approvals, authorizations or licenses, and complying with any applicable laws, rules, regulations, directives and governmental requirements in the field of privacy, intellectual property and/or image rights; and (iii) provide your reasonable cooperation in the event that we need any evidence to prove before competent authorities and/or courts about the satisfaction of the requirements or consents referred therein. To the fullest extent permitted by applicable law, the Site and the Services are provided “as is”, “with all faults” and “as available” and the entire risk of use and performance remains with you. The Company disclaims any representations, warranties, or conditions, express, or implied, or statutory, including, without limitation, (i) the implied warranties of merchantability, fitness for a particular purpose, and non-infringement; and (ii) that the Services and the Site will be available or provided on an uninterrupted, error-free, timely, or secure basis, will be free be error-free or free from viruses, worms, or other harmful or malicious components.

9. Limitation of liability

To the maximum extent permitted by applicable law, in no event will the Company be liable for any indirect, consequential, incidental, exemplary, punitive, or special damages, including without limitation any damages to or for loss of data, revenue, profits, goodwill, or other intangible losses arising from or relating to these STC, your Account, or the Services. To the maximum extent permitted under applicable law, this limitation will apply to all claims under all theories of law and equity. Notwithstanding the foregoing, Company’s maximum, aggregate or cumulative liability to you, for direct damages or under these STC, tort (including negligence and statutory duty) or otherwise shall not exceed EUR 10.00.

10. Indemnity

You shall defend, indemnify and hold harmless the Company from and against any and all losses, settlements, damages, liabilities, judgements, obligations, fines or sanctions, costs, and expenses (including reasonable attorney’s fees) (collectively “Losses”), arising out of any claim, proceeding, demand, suit or action (collectively “Actions”) brought by a third party related to (a) your use of the Site or the Services, and activities occurring under your Account; (b) any violation of these STC; or (c) your violation of any other party’s rights or applicable law.

11. Your Feedback and both party’s IP rights

Please, know that all works, trademarks, software, or other contents and creations displayed or otherwise provided or made available by us are owned by the Company or have been licensed to us by their owner. Unless expressly granted by their corresponding rights holders or by law, you do not have any use or ownership rights upon the above-mentioned contents and creations other than for the use of the Site and/or our services under these terms. Therefore, and except when expressly authorized by us, you may not distribute, reproduce or copy, communicate to the public, transform or modify, adapt, translate, or otherwise use and exploit said works.

If you are a company, we may use your trade name and trademarks on our Site and any other promotional materials produced by us from time to time. To this extent, you grant to us a non-exclusive, non-sublicensable, royalty-free, worldwide license to use said intellectual property, it being understood, however, that we shall use said intellectual property in accordance with the industry standards.

You also grant to the Company a perpetual, worldwide, royalty-free, transferable, sublicensable, non-exclusive, irrevocable license to use, reproduce, modify or transform, distribute, communicate to the public, and otherwise exploit any suggestions, ideas, enhancement requests, feedback, recommendations or other information or ideas provided by you or any third party on your behalf relating to the Services, Site, platform, deliverables, images or the software.

12. Amendments

We may modify these STC from time to time. It is your obligation to check these STC on a regular basis. By continuing to use or access the Services after such changes come into effect, you agree to be bound by the new amended STC.

We may, also, add, alter, or remove functionalities from a Service at any time. Moreover, the Company may implement any updates to the Services (including security updates) which will be applicable to some or all users collectively at any time.

13. Contact

You can contact us in case you have any doubts, comments or concerns by contacting us at Support Service - Chatty Insights SL - Carrer de Pallars 108 (Aticco), 08018 – Barcelona (Spain)

14. Governing Law and jurisdiction

These STC shall be governed and construed in accordance with Spanish law, without reference to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any dispute that may arise from or in connection to us and/or the Site or the Services shall be subject to the jurisdiction of the courts in Barcelona, Spain.

Consumers

If you are acting as a consumer, these STC shall be governed and construed in accordance with Spanish law, but this shall not prevent the application of those mandatory rights you are entitled to under your applicable law. The courts in Barcelona, Spain, shall have no exclusive jurisdiction in connection with any claim brought by you against the Company.

You may also access to the

European Union’s online dispute resolution webpage.