Last Updated on March 01, 2024.
These Terms govern
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner
in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.
The User must read this document carefully.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Application is provided and operated by
Emandai joint stock company – 179 Tran Hung Dao, Danang city, Vietnam
The vagent.ai app is offered through our websites: https://emandai.net; https://vagent.ai and any other website owned, operated or controlled by Emandai jsc
Owner contact email: contact@emandai.net
Throughout the site, the terms “we”, “us” and “our” refer to Emandai. Emandai offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools that are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Eligibility And Registration
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. By accessing the Website and using the Services, you represent and warrant that you are at least 16 years old, or you are of legal age to form a binding contract (or if not, you’ve received your parent’s or guardian’s permission to use the Services and gotten your parent or guardian to agree to these Terms on your behalf). If you are an individual using our Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that by using our Service(s), you are accepting the Terms of Service on behalf of that entity (in which case, the references to “you” and “your” in these Terms, except for in this sentence, refer to that organization or entity).
In order to use the Services, you may be required to sign up for an account, or log into Vagent.AI through your Facebook Messenger or other third-party account, and select a password and user name (“Vagent.AI User ID”). You promise to provide us with accurate, complete, and updated registration information about yourself. This is important because sometimes we may need to send you notable updates (for example, about changes to our Terms of Service or Privacy Policy), or we may want to let you know about and make informed choices in response to legal inquiries or complaints.
You will not use the Service in a way that violates any laws or regulations. If your use of the Services is prohibited by applicable laws, then you aren’t authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law.
You will not share your account or password with anyone, and you must protect the security of your account and your password. You’re responsible for any activity associated with your account. You may not transfer your account to anyone else without our prior written permission.
You acknowledge and agree that we reserve the right to refuse service to anyone for any reason at any time.
Responsibility Of Visitors & User
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Any information or content, whether publicly posted or privately transmitted through the Services, and any chatbots created using the Services, are the sole responsibility of the person who originated such content, and you access all such information and content at your own risk, and we aren’t liable for any errors or omissions in that information or content or for any damages or loss you might suffer in connection with it.
We cannot control and have no duty to take any action regarding how you may interpret and use the Content or what actions you may take as a result of having been exposed to the Content, and you hereby release us from all liability for your having acquired or not acquired Content through the Services. We can’t guarantee the identity of any users with whom you interact in using the Services and are not responsible for which users gain access to the Services.
You are responsible for all Content you contribute, in any manner, to the Services, and you represent and warrant you have all rights necessary to do so, in the manner in which you contribute it. You will keep all your registration information accurate and current. You are responsible for all your activity in connection with the Services.
The Services may support integrations with certain Third-Party Platforms. We may, through our site, provide you with access to third-party tools over which we neither monitor nor have any control or input. When you access third-party websites or use third-party services through Service, you accept that there are risks in doing so and that Emandai is not responsible for such risks. We encourage you to be aware when you leave the Services and to take necessary investigation and read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
Emandai has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third party websites or by any third party that you interact with through the Services. In addition, Emandai will not and cannot monitor, verify, censor or edit the content of any third-party site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through the Services, including payment and delivery of goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that Emandai shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants on this site, or between users and any third party, you agree that Emandai is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release Emandai, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her must have materially affected his or her settlement with the debtor.”
Responsibilities Of Contributors And User Content
For purposes of these Terms of Service, the term “Content” includes, but is not limited to, text, graphics, data, articles, photos, images, illustrations, User Content (definition defined below), and so forth (all of the foregoing, the “Content”). You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Content you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Content not owned by you, (i) without the prior consent of the owner of that Content or (ii) in a way that violates someone else’s (including Emandai’s) rights.
Anything you post, upload, create, share, store, or otherwise provide through the Services, including any chatbots you create and/or communicate with through the Services, is your “User Content”. User Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.
Emandai may review, change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Emandai liability.
Emandai takes the privacy of its users very seriously. For the current Emandai Privacy Policy and how we collect and proceed your data, please click here.
Fees & Payments
Emandai currently offers both a free version of the Services and a paid subscription version of the Services. If you are using the paid subscription version of the Services, you agree to pay all applicable fees for such Services.
Our charges for monthly plans are posted on our website and may be changed from time to time. If any part of a month is included in the Term, then payment is due for the full month. Payments are due for any month on the same or closest date to the day you made your first monthly payment (the “Pay Date”). If you go over your sending limit and reach another pricing level, then you’ll have to pay at the higher level on or before the next pay date. If the Term ends before that payment is due, you’ll still be required to make one payment at the higher level
Optional paid services such as extra data storage, extended data logs, bot templates, bot blocks, modules available on the Website, Emandai App, Email (any such services, an “Upgrade”). By selecting an Upgrade you agree to pay Emandai the monthly or annual subscription fees or once-off fees indicated for that service. Payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Upgrade fees are not refundable.
As long as you have signed up into Emandai paid subscription, you’ll provide us with valid credit card information and authorize us to deduct the monthly charges against that credit card. You’ll replace the information for any credit card that expires with information for a valid one. Anyone using a credit card represents and warrants that they are authorized to use that credit card, and that any and all charges may be billed to that credit card and won’t be rejected. If we’re unable to process your credit card order, we’ll try to contact you by email and suspend your account until your payment can be processed.
You won’t be entitled to a refund from us under any other circumstances. We may offer a refund if a Member applies for one based on the requirements posted on the Website.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
Emandai also includes certain features which enable you to sell goods, content, media and services through in-bot payments.
You are solely responsible for your User Products and payments related activities, and any promotions and related Content contained or referred to in your bot, and compliance with any laws applicable thereto. We are merely providing the platform for you to manage your online payment activities. We are not involved in your relationship and/or any transaction with any actual or potential buyer of your User Products. When someone purchases your User Products, such transaction’s payments will be processed through third party payment service, in accordance with such Service Provider’s terms of service and other applicable policies. We are neither a party to nor are responsible in any way for your relationship with payment Service Providers, or for the actions of any of these payment Service Providers.
By using any of our Payments features, you acknowledge, warrant and agree that:
You shall be solely and fully responsible for all Taxes and fees of any nature associated with your payment activities, including any Taxes related to the purchase or sale of the User Products, and to collect, report and remit the correct amounts to the appropriate authorities and/or inform your End Users of such and provide them with a duly issued invoice as required by law;
You shall be responsible for and bear all costs of procuring and delivering your User Products, and for providing them in a safe and professional manner, consistent with industry standards;
You are solely responsible for any and all statements and promises you make and for all assistance, warranty and support regarding the User Products, and shall provide true contact information on your bot for any questions, complaints or claims;
You may not offer or sell any User Products, or provide any information, Content or material regarding User Products, which may be deemed hazardous, counterfeit, stolen, fraudulent, offensive or abusive; which are prohibited for sale, distribution or use; or which otherwise fail to comply with any applicable laws, including with respect to consumer rights, intellectual property or privacy rights, product safety, trade regulations and sanctions, support, maintenance and export; Since you operate on Facebook Messenger , your products must also comply with Facebook (https://www.facebook.com/policies/commerce) regulations.
We may, at any time and at its sole discretion, suspend, disable access to or remove your bot and/or any User Products (if any suspicious activity, content or products will be detected or reported)- whether or not incorporated, published with or made a part of your bot at such time, without any liability to you or to any End Users, including for any Capacity Loss resulted therefrom.
You are solely responsible for verifying the identity of users and of the eligibility of a presented payment card used to purchase your products and services, and Emandai does not guarantee or assume any liability for transactions authorized and completed which may later be reversed or charged back. You are solely responsible for all reversed or charged back transactions, regardless of the reason for, or timing of, the reversal or chargeback. Emandai may add or remove one or more types of cards as a supported payment card any time without prior notice to you.
You and you solely, are responsible for providing service to your customers for any and all issues related to your products and services, including but not limited to issues arising from the processing of customers’ cards through the Service.
You are fully responsible for the security of data on your website or otherwise in your possession. You agree to comply with all applicable state and federal laws and rules in connection with your collection, security and dissemination of any personal, financial, Card, or transaction information (defined as “Data”) on your website.
Automatic Renewal
To ensure uninterrupted service, recurring Paid Services are automatically renewed. This means that unless you cancel an Upgrade Service, or you notify Emandai to cancel the Upgrade Service for you before the end of your subscription period, your Upgrade subscription will automatically be renewed and you authorize us to collect the then-applicable annual or monthly subscription fee for such Upgrade (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time in the Upgrades section of your site’s dashboard.
Billing And Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Compliance With Laws
You represent and warrant that your use of Emandai will comply with all applicable laws and regulations. You’re responsible for determining whether our Services are suitable for you to use in light of any regulations like EU Data Privacy Laws or other laws. If you’re subject to regulations (like HIPAA) and you use our Service, then we won’t be liable if our Service doesn’t meet those requirements. You may not use our Service for any unlawful or discriminatory activities, including acts prohibited by the Federal Trade Commission Act, Fair Credit Reporting Act, Equal Credit Opportunity Act, or other laws that apply to commerce. You are also responsible to notify the end-user of data collection in connection with the Software, as required by applicable law.
If you are located in the European Economic Area (EEA) or serve end-users in the EEA market, you represent and warrant that in using the Software, you:
- Will get consent or use any other available, legally-valid mechanism to transfer data to Emandai and be processed, and you’ll otherwise comply with your posted privacy policy.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all applicable data protection laws and regulations. You have the necessary permission to allow Emandai to receive and process data on your behalf.
- Acknowledge in all cases that Emandai acts as the processor of Customer Data and you remain the controller of Customer Data for all applicable data protection or privacy laws AND regulations.
- Agree to indemnify and hold Emandai harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
- You agree not to use the subscription service to collect, manage or process sensitive information. we will not have any liability that may result from your use of the subscription service to collect or manage sensitive information.
- Have reviewed and accepted Emandai DPA.
Privacy Policy
Emandai takes the privacy of its users very seriously. For a deeper understanding of how we collect, and process your data, please read the current Emandai Privacy Policy
Modifications To The Services And Prices
We’re always trying to improve the Services, so they may change over time. We may suspend or discontinue any part of the Services, or we may introduce new features or impose limits on certain features or restrict access to parts or all of the Services. We’ll try to give you notice when we make a material change to the Services that would adversely affect you, but this isn’t always practical. Similarly, we reserve the right to remove any Content from the Services at any time, for any reason (including, but not limited to, if someone alleges you contributed that Content in violation of these Terms), in our sole discretion, and without notice.
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses; (l) in any way which violates the Facebook platform policies found here for bots that are published to platforms owned by Facebook.
You also agree not to misuse our Services, for example, by interfering with them or accessing them using a method other than the interface and the instructions that we provide. You may not do any of the following while accessing or using the Services: (1) access, tamper with, or use non-public areas of the Service or Emandai computer systems; (2) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (3) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by Emandai and third-party integrations authorized by us (and only pursuant to the applicable terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Emandai (NOTE: crawling the Service is permissible if done in accordance with the provisions of the robots.txt file and is limited to publicly-accessible parts of the Service only, however, scraping the Services without the prior consent of Emandai is expressly prohibited); (4) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive or false source-identifying information; or (5) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
You are strictly prohibited to represent yourself as, or pretend to be, Emandai reseller, Emandai partner under Emandai branding, or any type of user role that may cause misleading to the public, unless it’s stated clearly in your Emandai account, billing or any written agreement you signed with us.
We reserve the right to limit access to the platform for users and/or Facebook pages whose actions result in degrading the experience of other platform users, other Facebook users, Facebook’s employees, affiliates, or partners, or Emandai employees, affiliates, or partners.
We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (1) satisfy any applicable law, regulation, legal process or governmental request, (2) enforce the Terms, including investigation of potential violations hereof, (3) detect, prevent, or otherwise address fraud, security or technical issues, (4) respond to user support requests, or (5) protect the rights, property or safety of Emandai, its users and the public. Emandai does not disclose personally identifying information to third parties except in accordance with our Privacy Policy.
Copyright Infringement And DMCA Policy
As Emandai asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to byEmandai.com violates your copyright, you are encouraged to notify Emandai in accordance with Emandai’s Digital Millennium Copyright Act (“DMCA”) Policy. Emandai will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Emandai will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Emandai or others. In the case of such termination, Emandai will have no obligation to provide a refund of any amounts previously paid to Emandai. To learn more about DMCA, click here.
Closing Your Account And Bots
We allow you to stop using the Services at any time.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
Emandai may terminate, or suspend your use of service and your Emandai account at any time, with or without cause, with or without notice, effective immediately, in our discretion including your breach of these Terms. We hold the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms.
You acknowledge and agree that once your account is terminated, we may permanently delete your account, chatbot and all the data associated with it.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
Support
We provide support via Ticket support, In-App support and Email support. We may respond to your request within one business day.
We also provide high-priority support. “Priority” means that support for VIP Services customers takes priority over support for users of the free services. All support will be provided in accordance with Emandai standard practices, procedures and policies.
We only do Ticket and in-app support for paid customers and reserve the right to not support free customers or do so at our discretion.
Attribution
Emandai reserves the right to display attribution links such as ‘Powered By Emandai’ in your bot’s main menu or in your bot’s description area. Credits may not be removed regardless of upgrades purchased except for the Plan purchased clearly states that the attribution can be removed.
Disclaimer Of Warranties; Limitation Of Liability
We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Emandai, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to indemnify, defend and hold harmless Emandai and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
Severability
If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Interpretation
The headers and sidebar text are provided only to make these Terms easier to read and understand. The fact that we wrote these Terms won’t affect the way the Agreement is interpreted.
Termination
The obligations and liabilities of the parties incurred before the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment, you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
Governing Law
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed by the laws of Singapore. Emandai’s mailing address is Acts Collab, 1B Trengganu Street (3F), Singapore 05845.
Changes To Terms Of Service
You can review the most current version of the Terms of Service at any time on this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
Entire Agreement
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
Contact Information
Questions about the Terms of Service should be sent to us at contact@Emandai.com.
