Skritl – Terms of Service Agreement
Effective as of January 1, 2017
1. Introduction
This document details the policies regarding the use of Online resources and Services. operated by EKKTA, who owns and operates the trade name Skritl, and is the proprietor of SKRITL chat bots and www.skritl.com web site.
2. Definitions
For the purposes of this Agreement, the terms listed below should have the following meaning:
“Online resources” – shall refer collectively to all websites that EKKTA operates, and that link to this Agreement.
“Services” – products and services offered by EKKTA.
“Users” – individuals, who registered to use our Services.
“Visitors” – individuals, who visit our online resources or conduct trials of our products and services, including the trials of demo products released for marketing purposes.
3. Scope
The following terms and conditions govern all use of our Online resources and all content, and Services available at or through our Online resources, that link to these Terms of Use, unless you have a written agreement in place with us covering such use in which event the written agreement shall take priority.
Please read this Agreement carefully before accessing or using our Online resources and Services. By accessing and using our Online resources and Services, you accept and agree to be bound by this Agreement and our Privacy Policy. If you do not agree to all the terms of this Agreement, you should not access or use our Online resources or Services.
Our Online resources and Services are available only to individuals who are at least 18 years old.
4. User responsibility
You must not use our Online resources and Services in unlawful manner, and we may change or remove any content that we consider inappropriate or unlawful, or otherwise likely to cause us liability, or stop any activity that would constitute a criminal offense or give rise to a civil liability.
You must not interfere with or disrupt our Online resources of Services, or disobey any requirements, procedures, policies or regulations of networks connected to our Online resources and Services.
You must not reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion our Online resources of Services.
You must not not impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
You must not direct any automated systems to access or use our Online resources or Services on your behalf.
You are responsible for obtaining and maintaining all connectivity, computer software, hardware and other equipment needed for access to and use of our Online resources and Services, and all charges related to the same.
You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
You are responsible for maintaining the security of your access to our Online resources and Services, and you are fully responsible for all activities that occur under your account with us. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
5. Content
We acknowledge that the files you share with us are the exclusive domain of you as a user. We do not claim any rights whatsoever to your files. However, we reserve the right, in our sole discretion, to (i) refuse or remove any content that, in our opinion, violates our policies or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of our Online resources and Services to any individual or entity for any reason, in our sole discretion. In such case we will have no obligation to provide a refund of any amounts previously paid.
You are entirely responsible for the content you submit to our Online resources and Services, and any harm resulting from, that content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By submitting your content to our Online resources and Services, you represent and warrant:
(a) The uploading, transmiting, posting, downloading, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party, including your employer;
(b) The content doesn’t violate or infringe in any way upon the rights of others, including any statements which may defame, harass, stalk or threaten others, contain blatant expressions of bigotry, racism, racially or ethnically offensive content, hate speech, abusiveness, vulgarity or profanity;
(c) The content is not false, misleading or inaccurate;
(d) The content does not violate any law, or advocates, or provides instruction on dangerous, illegal, or predatory acts, or discusses illegal activities with the intent to commit them, or incites violent behavior, or poses a reasonable threat to personal or public safety;
(e) To the extent that any content contains personal data, you have obtained all necessary consents or are otherwise lawfully entitled to use such personal data in the Content;
(f) The content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content, or disruptive component;
(g) The content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
(h) The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.
6. Indemnification
You agree to defend, indemnify and hold harmless EKKTA, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of the use of our Online resources and Services by you. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this section. In such event, you shall provide EKKTA with such cooperation as is reasonably requested by us.
7. Disclaimer of Warranty
Our Online resources and Services are provided “as is”. We hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither our company, nor our suppliers and licensors, makes any warranty that our Online resources and Services will be error free or that access thereto will be continuous or uninterrupted. Nor do we make any warranty as to the results that may be obtained from use of our Online resources and Services, not as to the accuracy, reliability or content of any information, servicem or merchandise provided through our Online resources and Services.
We disclaim any responsibility for any harm resulting from the use by users of our Online resources or Services. You understand that you obtain access to our Online resources or Services at your own discretion and risk, and you are solely responsible for your use of our Online resources and Services.
We disclaim any and all liability of any kind for any unauthorized access to or use of your personally identifiable information. By accessing our Online resources and Services, you acknowledge and agree to our disclaimer of any such liability. If you do not agree, you should not access or use our Online resources and Services.
8. Limitation of Liability.
TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT SHALL EKKTA, OR ITS FUTURE PARENT OR AFFILIATED COMPANIES, BE LIABLE TO YOU FOR ANY PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF USE OF THE WEBSITES OR ANY ALLEGED FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OR DELAY IN SERVICE, OPERATION, OR TRANSMISSION OF THE WEBSITES, OR ANY ALLEGED COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OF PROPERTY, AND/OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF OR POSTING OF ANY RECORD, CONTENT, OR TECHNOLOGY, PERTAINING TO OR ON THE WEBSITES.
YOU AGREE THAT THIS LIMITATION OF LIABILITY APPLIES WHETHER SUCH ALLEGATIONS ARE FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR FALL UNDER ANY OTHER CAUSE OF ACTION, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF EKKTA OR FUTURE PARENT OR AFFILIATED COMPANIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ALSO SPECIFICALLY ACKNOWLEDGE THAT EKKTA OR FUTURE PARENT OR AFFILIATED COMPANIES ARE NOT LIABLE FOR ANY ACTUAL OR ALLEGED DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE WEBSITES OR ANY OTHER THIRD PARTIES.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
9. Termination
We may terminate your access to all or any part of our Online resources and Services at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your account with us (if you have one), you may simply discontinue using our Online resources and Services. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
10. Advertisements.
We reserves the right to display advertisements on our Online resources and to make advertisement available via our Services.
11. Changes
The terms of this Agreement, or any part thereof, may be modified by us, at our sole discretion, from time to time, including the addition or removal of terms at any time, and such modifications, additions or deletions will be effective immediately upon posting. It is your responsibility to check this Agreement periodically for changes.
Your continued use of our Online resources and Services after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
We may change or discontinue any aspect, service or feature of our Online resources and Services at any time, including, but not limited to, content, availability, and equipment needed for access or use.
12. Governing Law.
Any and all disputes, claims and controversies arising out of or in connection with your access to, and/or use of our Online resources and Services, and/or the provision of content, services, and/or technology on or through our Online resources and Services shall be governed by and construed exclusively in accordance with the laws and decisions of the Netherlands applicable to contracts made, entered into and performed entirely therein, without giving effect to its conflict of laws provisions.
13. Miscellaneous
This Agreement and our Privacy Policy constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. If any part of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these Terms will remain binding upon the parties.
14. Contact Us
If you have questions regarding this Agreement, please contact us:
By email: support@ekkta.com
By mail: Attn: Legal Department, EKKTA, Minister de Visserstraat 39, 3555EV Utrecht, Netherlands
18. English Version Controls
Non-English translations of this Agreement are provided for convenience only. In the event of any ambiguity or conflict between translations, the English version is authoritative and controls.