Last updated: 01 June 2019
Parties:
Sapienza Consulting Ltd, a limited company registered in England and Wales with company number 2986023 and VAT number 618 929 501, with its registered office at Alexander House, 61 Rodney Street, Liverpool, L1 9ER, United Kingdom (hereinafter the “Company”).
You
(hereinafter you or the “User”)
These User Terms of Service (the “User Terms” or “Terms”) govern your access and use of the LUNA Chatbot Module of ECLIPSE Software Suite (hereinafter referred to as “LUNA”). These Terms complement the general User Terms of Service for the ECLIPSE Software Suite, which are applicable to the use of LUNA as part of ECLIPSE.
An organisation or other third party (the “Customer”) has separately entered into an agreement with the Company that permits the Customer to create and configure projects so that you and others could join. You have been granted access to LUNA as part of (an) existing project(s) but these User Terms still apply to you as an individual user. Therefore, please read them with care.
1. Binding and Changing Terms
The continued use of LUNA constitutes an acceptance of these Terms. The User acknowledges and confirms that in order to keep up-to-date with regulatory, technical and organisational changes or for other reasons, the Company may from time to time vary these Terms by publishing updated terms in LUNA or by notifying the User in any other way.
2. No Warranties
The Company makes no representations or warranties of any kind, whether express or implied, to you relating to the services, which are provided to you on an “as is” and “as available” basis. The Company does not warrant that access to LUNA will be uninterrupted or that it will be error-free; nor does it make any warranty as to the results that may be obtained from the use of LUNA.
3. Restrictions on Use
The User shall only use LUNA for his/her own personal purposes. You are only permitted to use LUNA on your own screen for your own personal informative/learning purposes. You must not copy, download, publish, alter, imitate or make screenshots of any of the content/material provided by LUNA, including but not limited to text, pictures and videos. You must not share any of the content/material or links to it with anyone else or use it for training or projecting to others.
The User shall not circumvent the security of LUNA. You are permitted to access and use LUNA only through the means the Company expressly provides to you. You must not circumvent or disable the software or any technology, features, or measures included in the software for any reason, except as required by law.
The User shall respect the Intellectual Property of the Company. You may not violate any rights that the Company or any third party has in parts of LUNA under any intellectual property or other proprietary rights laws. You may not decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for any part of LUNA, including executable and configurable content, except as permitted by law or, in exceptional cases, by the Contract. You may not access LUNA in order to build a similar or competitive product or service or copy any ideas, features, functions, or graphics from LUNA.
This Section 3 sets out a list of acceptable and unacceptable conduct as regards LUNA. It is complementary to the general User Terms of Service for the ECLIPSE Software Suite. If the Company believes unacceptable conduct is deliberate, repeated or presents a credible risk of harm to other users, our customers, the software or any third parties, the Company may suspend or terminate the User’s access.
4. Data Processing and Privacy
The Company will not receive any personal data (name, email etc.) of the User regarding the use of LUNA. However, the conversations in LUNA will be stored anonymously so that they can be used for statistical and product improvement purposes.
5. Intellectual Property Rights
The Company owns all Intellectual Property Rights (such as copyright and related rights, trademarks, trade names etc., see full definition in general User Terms of Service for the ECLIPSE Software Suite) to any protectable part of LUNA (including but not limited to the text, video, design, artwork and functionality), and any material in or relating to LUNA. The User may not copy, modify, reverse engineer, rent, loan, sell or distribute any part LUNA and shall not exploit LUNA in any manner not expressly authorised. The User agrees not to use such Intellectual Property Rights in any way whatsoever except for use of LUNA in compliance with these Terms.
The User acknowledges that the Company may use for LUNA software and other proprietary systems (including, but not limited open source systems) that it has appropriate authority to use, and the User agrees that such software and proprietary systems are protected by Intellectual Property Rights.
6. Liability
The User acknowledges its liability for the breach of these Terms and that the Company may bring proceedings against the User or the Customer, in particular in cases where the User infringes the Intellectual Property Rights of the Company or uses LUNA for purposes that are not permitted by these Terms.
I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING USER TERMS AND AGREE THAT MY USE OF LUNA IS A CONFIRMATION OF MY AGREEMENT TO BE BOUND BY THESE TERMS.