These Terms of Service (these "Terms") include the legal terms that we require all developers and other users to accept and implement as a condition of accessing our web services located at https://www.devotel.io and other websites owned and/or operated by Devotel (the "Website(s)"), and/or accessing or using the application programming interfaces provided on or in connection with the Devotel Platform ("API(s)"), including any documentation, materials, code, data (such as logs as defined below), files (such as AIML and Other Files as defined below) and other information or materials made available to you by Devotel on or in connection with the APIs (collectively, "Devotel Content") to develop Bot s for use in your products or devices ("Devices") and/or your software applications ("Application(s)").

The Devotel Platform includes a sandbox environment and developer portal designed to allow you to access, upload, download, edit, create, store, and interpret files and data in connection with building, hosting, and deploying your Bot (s). Files contained in each Bot may include files written in Artificial Intelligence Markup Language ("AIML Files"), and SETS, MAPS, SUBSTITUTIONS, and SYSTEM files (collectively, "Other Files"). Data may include analytics and bot logs, which may include "Inputs" to, and "Outputs" from, your Bot (s) ("BOTlogs"). "Inputs" are typically text inputs, whether typed or converted from speech utterance or spoken phrase to text, by an individual sent from your Application to Devotel servers for processing; "Outputs" are the responses returned to your Application by the Devotel Platform.

PLEASE READ THESE TERMS CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. Devotel reserves the right to make unilateral modifications to these terms and will provide notice of these changes as described below.

BY USING OR CONTINUING TO USE THE Devotel APIS OR BY CLICKING "Sign Up" YOU AGREE TO USE THE Devotel APIS AND OTHER Devotel CONTENT SOLELY IN ACCORDANCE WITH THESE TERMS OF SERVICE, AND YOU AGREE THAT YOU ARE BOUND BY AND ARE A PARTY TO THESE TERMS. THESE TERMS SUPERCEDES ANY PRIOR AGREEMENTS, WHETHER ORAL OR WRITTEN, BETWEEN THE PARTIES CONCERNING SUCH CLAIMS, AND WILL NOT BE MODIFIED OR AMENDED BY ANY PAST, CONTEMPORANEOUS, OR FUTURE AGREEMENTS OR DEALINGS BETWEEN THE PARTIES, WHETHER ORAL OR WRITTEN. YOU WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND THAT YOU HAVE THE LEGAL CAPACITY TO AGREE TO AND BE BOUND BY THESE TERMS. IF YOU ACCESS OR USE THE Devotel APIS, OTHER Devotel CONTENT, OR THE Devotel PLATFORM ON BEHALF OF A COMPANY, PRINCIPAL OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THESE TERMS AND THAT THESE TERMS ARE FULLY BINDING UPON THEM. IN SUCH CASE, THE TERM "YOU" WILL REFER TO YOU AND SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE APIS OR OTHER Devotel CONTENT.

Accounts

You need to use a current Devotel account or create a new Devotel account in order to use the APIs and other Devotel Content.

You may use the Devotel Content and/or Devotel Platform only if you can form a binding contract with Devotel , and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

Any use or access to the Website(s), APIs, or Devotel Platform by anyone under 18 is strictly prohibited and in violation of these Terms.

You must be a human. Accounts registered by "bots"or other automated methods are not permitted.

You are solely responsible for the activity that occurs on your account, including, without limitation, any Customer Data and Account Information (each as defined below) provided under or through your account.

You may create a Devotel account using some existing account credentials or via other registration methods we may provide from time to time, in our sole discretion. By connecting to the Devotel Platform with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. It is your responsibility to keep your password, account credentials, and accounts secure. You must notify Devotel immediately if any unauthorized use, or suspected unauthorized use, of your Devotel account occurs or if any other breach of security occurs.

You may never use another user's account. Your login may only be used by one person. A single login shared by multiple individuals is not permitted.

You acknowledge that Devotel is not liable for any loss or damage arising from your failure to comply with the above requirements.

Registration

You may be required to provide certain information (e.g., your contact details, description of your product or service, your company name, your credit card details, etc., collectively, "Account Information") as part of the registration process to access the Devotel Content, or as part of your continued use of the Devotel Content.

You agree that any registration information you give to Devotel will always be accurate and up to date, and you agree to promptly notify Devotel of any changes in your Account Information.

Refund Policy for Latin America region for recharge on WhatsApp self-serve platform.

Eligibility for refund:

In the event of non-usage of WhatsApp self-serve platform from the date of recharge subject to User making a written request to us within 7 days from the date of recharge, User shall be entitled for refund of money subject to deduction of applicable taxes and charges. In case User makes the request for refund upon the expiry of seventh day, Devotel shall in its sole discretion based on merits of the request credit WhatsApp notifications to the wallet of the user.

Applicability of Refund Policy:

This policy is only applicable for Latin America region.

Procedure for Refund:

Refund amounts are generally remitted within 10-15 business days. However, the length of time required for the funds to be credited to User's account is determined by User's bank or financial institution. Please check with respective banks or financial institution and their specific rules regarding returned or refunded transactions.

Devotel has no obligation to issue refunds if User cannot provide us with full and accurate information required to complete the refund or credit; or the refund request has already been processed through payment gateway but has not yet applied to the originating source of the payment; or the refund request directs Devotel to issue the refund to a different bank or financial institution other than the source where the original payment was received; or Devotel did not receive the payment for which the refund request is made due to force majeure or other causes beyond our direct control.

In the event a refund cannot be handled within standard refund protocols or to process a refund after 10-15 business days, User may be asked to supply additional information and to provide documentation of the original charge.

Information disclosed to Devotel for the purposes of processing a Users refund shall be protected in accordance with Devotel's Privacy Policy as amended from time to time.

Where a User had utilised his/her Wallet for payment towards the recharge, Devotel shall process all refunds only into the User's credit Devotel Wallet. Where a User had opted for online mode of payment option for recharge, Devotel shall process all refunds into either the User's Wallet or the Users' valid bank accounts or financial institution, if details of such accounts are provided by the User to Devotel at the time of refund. Once the amount is refunded into a User's Devotel Wallet, it cannot be further refunded to any other bank account or financial institution account or as cash, and would continue to remain in the User's Devotel Wallet until exhausted for utilisation in terms of WhatsApp messages on the Platforms.

Grievance Redressal

Any grievances relating to the Refund may be directed by User to the grievance officer of Devotel who can be contacted at [email protected]

Use of Devotel Content

Right to Access and Use of Devotel Content.

Subject to these Terms, Devotel grants you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use the Devotel Content and Devotel Platform, solely to the extent necessary for you to host and create bot (s) that operate solely in connection with your Devices and/or Applications.

Permitted Access.

You will access (or attempt to access) an API or other Devotel Content only as expressly permitted by these Terms and the means described by Devotel in the documentation, instructions, or features available based on Your Usage (as defined below).

API Calls.

Devotel may set limits on the number of API calls that you can make at its sole discretion, for example in the interest of service stability, or, without limiting the foregoing, in accordance with limits based on your free or paid subscription usage ("Your Usage") of the Devotel Platform. Devotel may throttle your activity or cease offering you access to the APIs altogether in Devotel ' sole discretion. You agree to such limitations and will not attempt to circumvent such limitations.

Fees.

Fees, API limits, and access to other features may vary depending on Your Usage. The limits, features, and fees owed for each available paid plan ("Subscription Plan(s)") are set forth at Devotel ' website www.Devotel.io and are subject to change from time to time without notice. You acknowledge and agree to pay all fees, as due, for the full-term of the subscription, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. No refunds will be given to customers outside of Latin America region for any reason, including, but not limited to, unused Services, regardless of whether the subscription is cancelled prior to expiration or termination of these Terms. You must provide Devotel notice of any billing issues or disputes within fifteen (15) days after they first appear on the statement you receive from your bank, credit card company, or other billing company or invoicing. Failure to notify Devotel of any billing issues within the fifteen (15) day period will result in your acceptance of the charges and you waive the right to dispute such charges. Failure to pay fully and promptly may result in the deactivation of your account until payment is successfully received.

Open Source Software.

Some of the software offered by or included in the Devotel Content may be offered under an open source license. There may be provisions in the open source license that expressly override some of these Terms, and in those cases, the overriding provisions apply.

Accuracy.

We do not guarantee the accuracy of any Devotel Content, including any output generated in connection with your use of the Devotel Content or Devotel Platform. You acknowledge and agree that you use and rely on the Devotel Content and the Devotel Platform at your own risk, and that Devotel will not be liable for any errors or inaccuracies of any Devotel Content or the Devotel Platform.

Compliance with Law.

You will use our APIs and other Devotel Content and the Devotel Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Devotel Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.

Monitoring.

Devotel may, but is under no obligation to, monitor the use of the Devotel Content to ensure quality, improve Devotel products and services, or verify your compliance with these Terms. You will not interfere with such monitoring.

Compliance with Law.

You will use our APIs and other Devotel Content and the Devotel Platform only as permitted by law (including without limitation laws regarding the import or export of data or software, privacy, or local laws). You will not use the APIs or other Devotel Content to encourage or promote illegal or dangerous activity. You also will require any end users of your Devices or Applications ("End Users") to comply with any applicable law and these Terms. You will not knowingly enable your End Users to violate applicable law or these Terms.

Prohibitions

When using any Devotel Content and/or the Devotel Platform, unless otherwise approved in writing by Devotel , the following prohibitions apply:

You will not use the APIs or other Devotel Content on behalf of any third party, unless such third party has expressly authorized you to access and use the Devotel Content under its account.

You will not copy, rent, lease, sell, transfer, assign, sublicense, disassemble, reverse engineer or decompile (except to the limited extent expressly authorized by applicable statutory law), modify or alter any part of the Website(s), APIs, other Devotel Content, or the Devotel Platform.

You will not create an Application that functions substantially the same as the APIs or other Devotel Content and offer it for use by third parties.

You will not use the Devotel Content or Devotel Platform in connection with any Device or Application that is targeted to children under the age of eighteen (18).

You will not use the Devotel Content or Devotel Platform in connection with providing any adult entertainment oriented or otherwise pornographic services.

You will not perform an action with the intent of introducing to the Website(s), Devotel Content, or Devotel Platform or the applications or products of any third party, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.

You will not use the Devotel Content or Devotel Platform, or access or control any customer accounts, products, devices, or applications in a manner that could cause harm, damage, or loss to any individual, or otherwise harm, defame, abuse, harass, stalk or threaten others or allow or encourage any third party to do so.

You will not use the APIs, other Devotel Content, or the Devotel Platform in any manner or for any purpose that may violate any law or regulation, or any right of any person including, but not limited to, intellectual property rights, rights of privacy and/or rights of personality, or which otherwise may be harmful (in Devotel ' sole discretion) to Devotel, its service providers, its suppliers, end users of the Devotel Platform, End Users, or any individual or entity.

You will not use the APIs, other Devotel Content, or the Devotel Platform in connection with any inherently dangerous objects, devices, materials, or situations, or in furtherance of any activities likely to cause harm to any individual or property.

You will not: (i) interfere with or disrupt the Website(s), Devotel Platform, the APIs, or the servers or networks providing the APIs; (ii) tamper with the security of the any of the hardware, software or networks used by Devotel to make the Website(s), Devotel Content, or Devotel Platform available or tamper with any customer accounts; (iii) disable, circumvent or avoid any security device, mechanism, protocol or procedure established by Devotel ; or (iv) permit others to do any of the foregoing.

Acceptable Use Policy

Here at Devotel, our goal is to help user and user's team do the best work of user's lives, every day. To do this, we need to keep our products and services running smoothly, quickly, and without distraction. For this to happen, we need help from user, our users. We need user not to misuse or abuse our products and services.

To describe exactly what we mean by "misuse" or "abuse" - and help us identify such transgressions, and react accordingly - we've created this Acceptable Use Policy. Under this policy, we reserve the right to remove content that is inconsistent with the spirit of the guidelines, even if it's something that is not forbidden by the letter of the policy. In other words, if user do something that isn't listed here verbatim, but it looks or smells like something listed here, we may still remove it.

Here's what we won't allow:

1. Disruption

Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services.

Tampering with, reverse-engineering, or hacking our services, circumventing any security or authentication measures, or attempting to gain unauthorized access to the services, related systems, networks, or data

Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data

Deciphering any transmissions to or from the servers running the services

Overwhelming or attempting to overwhelm our infrastructure by imposing an unreasonably large load on our systems that consume extraordinary resources (CPUs, memory, disk space, bandwidth, etc.), such as:

Using "robots," "spiders," "offline readers," or other automated systems to sends more request messages to our servers than a human could reasonably send in the same period of time by using a normal browser

Going far beyond the use parameters for any given service as described in its corresponding documentation

Consuming an unreasonable amount of storage for music, videos, pornography, etc., in a way that's unrelated to the purposes for which the services were designed

2. Wrongful activities

Misrepresentation of users information, or disguising the origin of any content (including by "spoofing", "phishing", manipulating headers or other identifiers, impersonating anyone else, or falsely implying any sponsorship or association with Devotel or any third party)

Using the services to violate the privacy of others, including publishing or posting other people's private and confidential information without their express permission, or collecting or gathering other people's personal information (including profile information, account names or information) from our services

Using our services to stalk, harass, or post direct, specific threats of violence against others;

Using the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws)

Accessing or searching any part of the services by any means other than our publicly supported interfaces (for example, "scraping")

Using meta tags or any other "hidden text" including Devotel's or our suppliers' product names or trademarks

3. Inappropriate communications

Using the services to generate or send unsolicited communications, advertising, chain letters, or spam

Soliciting our users for commercial purposes, unless expressly permitted by Devotel

Disparaging Devotel or our partners, vendors, or affiliates

Promoting or advertising products or services other than user's own without appropriate authorization

4. Inappropriate content

Posting, uploading, sharing, submitting, or otherwise providing content that:

Infringes Devotel's or a third party's intellectual property or other rights, including any copyright, trademark, patent, trade secret, moral rights, privacy rights of publicity, or any other intellectual property right or proprietary or contractual right

User don't have the right to submit information that

Is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement, including the National Center for Missing and Exploited Children), indecent, harassing, hateful;

Encourages illegal or tortious conduct or that is otherwise inappropriate;

Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;

Contains viruses, bots, worms, scripting exploits, or other similar materials

Is intended to be inflammatory;

Could otherwise cause damage to Devotel or any third party;

5. Acceptable Use

User will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and User is solely responsible for its conduct while using our Business Services.

User must not directly, indirectly, or through automated or other means:

Use our Business Services for personal, family, or household purposes;

Engage in any harassing, threatening, intimidating, predatory, or stalking conduct;

Use or attempt to use another user's account without prior authorization from that user, Devotel and WhatsApp;

Impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements;

Collect information of or about other users in any impermissible or unauthorized manner;

Use our Business Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;

Damage, disable, overburden, or impair our Business Services;

Send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;

Post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable;

Encourage or provide instructions for a criminal offense;

Distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;

Bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Business Services, including content-filtering techniques; or

Expose Devotel, WhatsApp or others to any type of harm or liability.

6. Restrictions

Except as otherwise permitted by Devotel in writing, User must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third parties; (b) distribute or make our Business Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Business Services. User must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business Services or do anything that may discover source code; (f) scrape or extract data from our Business Services; (g) develop or use any applications that interact with our Business Services without our prior written consent; and (h) create software or APIs that function substantially the same as our Business Services and offer them for use by third parties in an unauthorized manner.

In this Acceptable Use Policy, the term "content" means: (1) any information, data, text, software, code, scripts, music, sound, photos, graphics, videos, messages, tags, interactive features, files or other materials that user post, upload, share, submit, or otherwise provide in any manner to the services and (2) any other materials, content, or data user provide to Devotel or use with the Services.

Without affecting any other remedies available to us, Devotel may permanently or temporarily terminate or suspend a user's account or access to the services without notice or liability if Devotel (in its sole discretion) determines that a user has violated this Acceptable Use Policy.

Compliance

Devotel reserves the right to investigate any Device or Application for compliance with these Terms. Such investigations may include Devotel accessing and using your Device or Application, for example to identify stability or security issues that could affect Devotel or its customers. You consent to any such investigation. Devotel may immediately suspend or terminate access to the Website(s), APIs, other Devotel Content, and the Devotel Platform by you or your Device or Application without notice if we believe, in our sole discretion, that you are in violation of these Terms or otherwise.

Privacy and Security

Customer Data. "Customer Data" means any and all information you provide to or through, or is generated in connection with your use of, the Website(s), Devotel Content, or the Devotel Platform, including, but not limited to, AIML and Other Files, bot logs, Account Information, and data that relates to any End Users or such End Users' use of your Application ("End User Data"), including, but not limited to, Inputs from an End User sent by your Application to the Devotel servers for processing. You acknowledge and agree that you are solely responsible for obtaining all required consents from End Users in connection with any use of your Devices or Applications and the Devotel Content (including the APIs), which consent shall be compliant with all applicable data protection legislation and other privacy laws, rules, and regulations. Before collecting any End User Data or other information from End Users, you will provide adequate notice of what End User Data and other information you collect and how it will be used and/or shared and obtain any necessary consents. You and your Applications will comply with all privacy laws and regulations in connection with your access and use of the Devotel Content and Devotel Platform. You will provide and adhere to a privacy policy for your Device or Application that: (i) complies with all applicable laws, rules, and regulations, (ii) is conspicuously displayed to all End Users, and (iii) clearly and accurately describes to End Users what data and user information you collect (such as personally identifiable information, login information, etc.) and how you use and share such information with Devotel and third parties. You understand that by using the Devotel Content or Devotel Platform, you consent to the collection, use, and disclosure of any Customer Data (including personal information and aggregate data) as set forth in our Privacy Policy https://www.orbit.devotel.io/privacy-policy , and to have Customer Data collected, used, transferred to and processed in the United States. You shall be solely responsible for your Customer Data and the consequences of making it available on or through the Devotel Content and/or Devotel Platform.

Privacy. You understand that by using the Devotel Content and/or Devotel Platform you consent to the collection, use and disclosure of your personally identifiable information and Customer Data as set forth in our Privacy Policy https://www.orbit.devotel.io/privacy-policy , and to have your personally identifiable information and Customer Data collected, used, transferred to and processed in the Security. We care about the integrity and security of your Customer Data and personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Devotel Content, the Devotel Platform, or any authorized or unauthorized use of your Device or Application.