Terms of Service
Article 1 Acceptance of Terms.
Hitbytes Srl, (“Hitbytes” or “We” or “Us”) provides its Service (as defined below, “Services”) to You through its web site located at https://vuix.io (the “Site”), subject to this Terms of Service agreement (“TOS”). By accepting these TOS or by accessing or using the Service or Site, You acknowledge that You have read, understood, and agree to be bound by these TOS. If You are entering into these TOS on behalf of a company, business or other legal entity, You represent that You have the authority to bind such entity and its affiliates to these TOS, in which case the terms “You” or “Your” shall refer to such entity and its affiliates. If You do not have such authority, or if You do not agree with these TOS, You must not accept these TOS and may not use the Service.
- As part of the registration process, You will identify an administrative user name and password for Your account (“Account”). You may use the administrative user name and password to create standard users (each with a user password) up to the maximum number permitted by the Service. You are responsible for the accounts You create and they actions by using their own account.
You agree to pay for the Services the prices listed here https://vuix.io/#pricing according to Your subscription level.
Hitbytes may change these TOS from time to time by providing thirty (30) days prior notice either by sending them via email at the address associated with Your Account or other means that ensure delivery of the message. It is Your burden to keep an active corresponding email address. An email is considered having been legally received including but not limited to if i. it has been sent at the address chosen by You for communication; ii. the logs at the server or service used to send the emails has records sending the email to You; iii. the majority of a random sample of recipients confirms to have received it. You can review the most current version of these TOS at any time at https://vuix.io/terms-of-service.html. The revised terms and conditions will become effective thirty (30) days after we post or send You notice of such changes, and if You use the Service after that date, Your use will constitute acceptance of the revised terms and conditions. If any change to these TOS is not acceptable to You, Your only remedy is stop using the Services and send a cancellation email to email@example.com
Article 2 Description of Service.
The “Service” includes (a) the Site, (b) Hitbytes’s platform and related technologies that permit software app developers create interactive voice prototypes for Amazon Alexa and Google Home, and (c) all software (including the Software, as defined below), data, reports, text, images, sounds, video, and content made available through any of the foregoing (collectively referred to as the “Content”). Any new features added to or augmenting the Service are also subject to these TOS.
The Service only provides a platform and other facilities, including hosting ans similar services, but it does not include specific advice or support, unless a separate agreement is entered into with Hitbytes, regardless whether the Service is customized by You based on templates and other similar aids, which are only provided for Your convenience and subject to Your personal evaluation of their fitness and aptness. In other words, You are responsible for using and/or incorporating pre-assembled material available on the platform.
Unfinished services clearly marked as “Beta” or equivalent versions shall be subject to further conditions made separately available.
Article 3 General Conditions/ Access and Use of the Service.
Access and use of the Service are subject to the terms and conditions of these TOS. All rights, title and interest in and to the Service and its components will remain with and belong exclusively to Hitbytes.
You shall not (a) sublicense, resell, rent, lease, transfer, assign, time share or otherwise commercially exploit or make the Service available to any third party; (b) use the Service in any unlawful manner (including without limitation in violation of any data, privacy or export control laws) or in any manner that interferes with or disrupts the integrity or performance of the Service or its components, or (c) modify, adapt or hack the Service to, or otherwise attempt to gain unauthorized access to the Service or its related systems or networks. You shall comply with any codes of conduct, policies or other notices Hitbytes provides You or publishes in connection with the Service, and You shall promptly notify Hitbytes if You learn of a security breach related to the Service.
By way of exception to the paragraph above, You are permitted to use the Services to develop a prototype and make it available to Your user (“Final Users”) as an interactive voice-activated interface for Your own services, through the API provided by Hitbytes. Please note that the use of the API is subject to fair use conditions:
- Voice interaction may be only activated by humans and not by machines. Only aids to people impaired from using their own voice can use the Services;
- Maximum requests per minute/hour: 20
All software that may be made available by Hitbytes in connection with the Service (“Software”) contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to the terms and conditions of these TOS, Hitbytes hereby grants You a non-transferable, non-sublicensable and non-exclusive right and license to use the object code of all Software on a single device solely in connection with the Service, provided that You shall not (and shall not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code or sell, assign, sublicense or otherwise transfer any right in any Software. You agree not to access the Service by any means other than through the interface that is provided by Hitbytes for use in accessing the Service. Any rights not expressly granted herein are reserved and no license or right to use any trademark of Hitbytes or any third party is granted to You in connection with the Service.
You are solely responsible for all data, information, feedback, suggestions, text, audio, video, content and other materials, including audio recordings, transcripts of preview sessions or shared application data or code, that You upload, post, deliver, provide or otherwise transmit or store (hereafter “post(ing)”) in connection with or relating to the Service (“Your Content”).
You are responsible for maintaining the confidentiality of Your login, password and Account and for all activities that occur under Your login or account. Hitbytes reserves the right to access Your Account in order to respond to Your requests for technical support, but all accesses will be recorded under the relevant data protection laws. By posting Your Content on or through the Service, You hereby do and shall grant Hitbytes a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully paid, sublicenseable and transferable license to use, modify, reproduce, distribute, display, publish and perform Your Content in connection with the Service. Hitbytes has the right, but not the obligation, to monitor the Service, Content, or Your Content.
You further agree that Hitbytes may remove or disable any Content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content), or for no reason at all.
You understand that the operation of the Service, including Your Content, may be unencrypted and involve (a) transmissions over various networks; (b) changes to conform and adapt to technical requirements of connecting networks or devices and (c) transmission to Hitbytes’s third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to operate and maintain the Service. Accordingly, You acknowledge that You bear sole responsibility for adequate security, protection and backup of Your Content. Hitbytes will have no liability to You for any unauthorized access or use of any of Your Content, or any corruption, deletion, destruction or loss of any of Your Content.
You shall be responsible for obtaining and maintaining any equipment and ancillary services needed to connect to, access or otherwise use the Services, including access to API. You shall also be responsible for maintaining the security and safety of the credentials that authorize You and Your services and systems to access the Services.
You represent and warrant that You have obtained all necessary permissions to provide, share and disclose any and all data provided to Hitbytes in compliance with all applicable laws, rules and regulations governing the collection, use, handling, disclosure or retention of data collected from or about end users or specific devices. You shall use the Service in compliance with all applicable laws, rules and regulations governing the collection, use, handling, disclosure or retention of personally identifiable information.
The failure of Hitbytes to exercise or enforce any right or provision of these TOS shall not be a waiver of that right. You acknowledge that these TOS is a contract between You and Hitbytes, even though it is electronic and is not physically signed by You and Hitbytes, and it governs Your use of the Service.
Hitbytes reserves the right to use Your name and/or company name as a reference for marketing or promotional purposes on Hitbytes S.R.L.’s website and in other communication with existing or potential Hitbytes customers. To decline Hitbytes this right You need to email firstname.lastname@example.org stating that You do not wish to be used as a reference.
Subject to the terms hereof, Hitbytes may (but has no obligation to) provide technical support services, through email in accordance with Our standard practice.
Article 4 Representations and Warranties.
You represent and warrant to Hitbytes that
You have full power and authority to enter into these TOS;
You own all Your Content or have obtained all permissions, releases, rights or licenses required to engage in Your posting and other activities (and allow Hitbytes to perform its obligations) in connection with the Services without obtaining any further releases or consents;
Your Content and other activities in connection with the Service, and Hitbytes’s exercise of all rights and license granted by You herein, do not and will not violate, infringe, or misappropriate any third party’s copyright, trademark, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing; and
You are eighteen (18) years of age or older.
Your Content and the Chatbot is not meant to deal with special data according to Art. 9 of the EU GDPR (data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, and the processing of genetic data, biometric data for the purpose of uniquely identifying a natural person, data concerning health or data concerning a natural person’s sex life or sexual orientation) (“Special Data”); Special Data can only be dealt with upon execution of a specific service level agreement. You will keep Us harmless from any consequence from the violation of this warranty and representation; this provision expressly supersedes any liability limitation or disclaimer that might be applicable and will include all ancillary expenses, including lawyers’ and experts’ fees .
Article 5 Termination.
You have the right to terminate Your Account at any time by sending a cancellation request to email@example.com. Subject to earlier termination as provided below, Hitbytes may terminate Your Account and these TOS at any time by providing thirty (30) days prior notice to the administrative email address associated with Your Account. In addition to any other remedies we may have, Hitbytes may also terminate these TOS upon thirty (30) days’ notice (or ten (10) days in the case of nonpayment), if You breach any of the terms or conditions of these TOS. Hitbytes reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof). All of Your Content on the Service (if any) may be permanently deleted by Hitbytes upon any termination of Your Account in its sole discretion. However, all accrued rights to payment and the terms of Section
[4-12] shall survive termination of these TOS.
Article 6 DISCLAIMER OF WARRANTIES.
The Services may be temporarily unavailable for scheduled maintenance or for unscheduled emergency maintenance, either by Hitbytes or by third-party providers, or because of other causes beyond Our reasonable control. HOWEVER, THE SERVICE, INCLUDING THE SITE AND CONTENT, AND ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND HITBYTES EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT HITBYTES DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR VIRUS-FREE, NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES, AND NO INFORMATION, ADVICE OR SERVICES OBTAINED BY YOU FROM HITBYTES OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TOS.
Article 7 LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, OR OTHERWISE) SHALL HITBYTES BE LIABLE TO YOU OR ANY THIRD PARTY FOR (A) ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA, OR (B) FOR ANY DIRECT DAMAGES, COSTS, LOSSES OR LIABILITIES IN EXCESS OF THE FEES ACTUALLY PAID BY YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CLAIM OR, IF NO FEES APPLY, ONE HUNDRED ($100) U.S. DOLLARS. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THESE TOS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER INTO these TOS.
Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, or in case of willful infringement or gross negligence, which means that some of the above limitations may not apply to You. IN THESE JURISDICTIONS, HITBYTES’S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
Article 8 Indemnification.
You shall defend, indemnify, and hold harmless Hitbytes from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, arising or resulting from Your breach of these TOS, any of Your Content, or Your other access, contribution to, use or misuse of the Service. Hitbytes shall provide notice to You of any such claim, suit or demand. Hitbytes reserves the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, You agree to cooperate with any reasonable requests assisting Hitbytes’s defense of such matter.
Article 9 Assignment.
You may not assign these TOS without the prior written consent of Hitbytes, but Hitbytes may assign or transfer, in whole or in part, this Agreement to other companies of its group or other affiliates.
Article 10 Miscellaneous.
If any provision of these TOS is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these TOS will otherwise remain in full force and effect and enforceable. Both parties agree that these TOS is the complete and exclusive statement of the mutual understanding of the parties and supersedes and cancels all previoUs written and oral agreements, communications and other understandings relating to the subject matter of these TOS, and that all waivers and modifications must be in a writing signed by both parties, except as otherwise provided herein. No agency, partnership, joint venture, or employment is created as a result of these TOS and You do not have any authority of any kind to bind Hitbytes in any respect whatsoever. In any action or proceeding to enforce rights under these TOS, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these TOS will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or email; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested.
Article 11 Governing Law.
These TOS shall be governed by the laws of England and Wales without regard to the principles of conflicts of law. Unless otherwise elected by Hitbytes in a particular instance, You hereby expressly agree to submit to the exclusive personal jurisdiction of the courts of Italy for the purpose of resolving any dispute relating to Your access to or use of the Service.
Article 12 Privacy.
Please visit https://hitbytes.io/privacy-policy-eng/ to understand how Hitbytes collects and uses personal information.
We are available to undertake a position as processor, special conditions in such case shall apply, see further below.
Article 13 Beta Testing
Some parts of the Services are marked as ‘Beta’ or equivalent designations (like ‘Test’, ‘Proof of concept’). In that case, and until the corresponding production product is commissioned, the Beta Conditions apply, available here: https://vuix.io/beta-users.html
Article 14 Special rules applying to Us acting as data processor
These conditions apply if You appoint Us as Processor under the meaning of Art. 28 of the GDPR.
Scope of processing and instructions. The processing of data only involves transmission and only temporary writing of data flowing from and to third parties acting as service providers that interact with the Service. Instructions as to the data processing are provided via API and the application that run. You can adapt Your Content to adapt Your workflow. We guarantee that in principle no personnel will access the data, and if so, they will be under sufficient confidentiality conditions.
Deletion. No personal data will be stored, unless for debugging purposes and only as instructed by You within the Platform. At the expiration of the processing, all data will be destroyed.
Security. Hitbytes will implement the necessary security measures and may publish from time to time details of them. Should You require additional security, You should discuss of them separately under an appropriate SLA, which may not be available at Hitbytes’s discretion.
Data breach. Hitbytes will promptly notify You of any data breach and will make diligent effort to investigate the incident. Additional compensation for this activity may be required, depending on the origin of the incident, but none the less Hitbytes agrees to cooperate with the overseeing authority to clarify the details of the same.
Audit. Hitbytes allows You the right to perform audits of the service and to share with You details of past audits. All audits must be performed by a qualified third party, and we retain the right to object in good faith to any auditor that You will appoint. Results of audit, redacted to exclude Your name and details of Your implementation will be made available to Us and to all other Users. The audit shall entirely be at Your expenses, We retain the right to charge a reasonable fee for Our assistance and/or to charge reasonable costs of assistance that are charged onto US, plus a service fee of 20% of the sums so paid.
Impact Assessments and Consultations. Hitbytes will assist Customer in ensuring compliance with any of Your obligations in respect of data protection impact assessments and prior consultation, including if applicable Your obligations pursuant to Articles 35 and 36 of the GDPR, only by:
- providing additional security and other controls, to be negotiated in good faith, and by providing an adequate description of those already in place and
- providing the information contained in the Agreement including these Terms.
Use of Subprocessors. We use third parties providers to perform the Services. As long You authorize Us to use the following services:
- Microsoft Azure (Microsoft Corp.)
- Digital Ocean;
- Google Cloud (Google LLC)
- Amazon Web Services (Amazon Inc., Amazon Web Services, Inc., Amazon Web Services EMEA SARL, Amazon Internet Services Private Limited)
- Smartsupp.com, s.r.o. (Rep. Ceca)
We might decide to use different providers in the future and to appoint them subprocessors if we are nominated processor or subprocessor under the GDPR. You can object to this nomination, but unless an alternative provider is available to Your SLA this might terminate these TOS or we will have the option to limit them.