TERMS OF USE

Version of Jan 24, 2020


  1. GENERAL

  2. This document provides the Terms of Use of dotgo.com (“Website“) which is owned and operated by Kirusa (“Company”), where such expression shall, unless repugnant to the context thereof, be deemed to include its respective representatives, administrators, employees, directors, officers, agents and their successors and assigns.

    Any person using this Website is subject to the following terms and conditions of accessing this Website and associated services, and all applicable legislation. By accessing, browsing or using this Website and associated services, you accept the terms. You must not use this Website if you disagree with any of these Terms.

    These terms supersede 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.

    If you access or use our services 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.

    The Terms of Use and Privacy Policy is published in compliance of, and is governed by the provisions of Indian law, including but not limited to:

    1. the Indian Contract Act, 1872,
    2. the (Indian) Information Technology Act, 2000, and
    3. the rules, regulations, guidelines and clarifications framed there under, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information) Rules, 2011 (the “SPI Rules”), and the (Indian) Information Technology (Intermediaries Guidelines) Rules, 2011 (the “IG Rules”).

  3. DEFINITION

  4. For the purpose of these Terms of Use (“Terms”), wherever the context so requires,

    • 2.1 The term ‘You’ and ‘User’, shall mean any legal person or entity accessing or using the services provided by the company, who is competent to enter into binding contracts.

    • 2.2 TThe terms ‘we’, ‘us’, ‘our’ shall mean the Company, as the context so requires.

    • 2.3 he term ‘Services’ shall mean various functions and features available on the Website, such as actions performed on a directory of chatbots, including, without limitation, of RBM (RCS Business Messaging) agents. Enterprises, or developers on behalf of enterprises, submit or list their chatbots on the Website, and Users access such Services on the Website. The Website lists various chatbots provided by enterprises. The Website allows enterprises and developers to submit chatbots for listing in the directory. The Website allows Users to search and discover different chatbots, and to provide reviews on the chatbots.


  5. MODIFICATION

  6. At any time, the Company has the right to amend these Terms. A notification regarding the same will be published on the Website against the date from which the changes will be applicable. Revised terms of service will apply to the use of the Website from the date of the publication of the revised terms of use and will supersede prior versions. Please check this page regularly to ensure you are familiar with the current version. By continuing to use the Service after such modifications and/or revisions are posted, you agree to be bound by such modifications and revisions. If you refuse to accept the updated terms, then you will not be able to access the Website any further.


  7. UNAUTHORISED ACCESS TO ACCOUNTS

    You must keep your user details secure and must not share them with anyone else. You must notify us immediately if any unauthorized use, or suspected unauthorized use, of your account occurs or if any other breach of security occurs.


  8. RIGHT TO ACCESS AND USE OF CONTENT

    Subject to these Terms, we grant you a limited, revocable, non-transferable, non-exclusive, right (without the right to sublicense) to access and use our Services solely to the extent necessary for you to use the Services.


  9. PERMITTED USE

  10. 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 the user does 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:


    • 6.1 Disruption

      1. Compromising the integrity of our systems. This could include probing, scanning, or testing the vulnerability of any system or network that hosts our services;
      2. 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;
      3. Modifying, disabling, or compromising the integrity or performance of the services or related systems, network or data;
      4. Deciphering any transmissions to or from the servers running the services;
      5. 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:
        1. 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,
        2. Going far beyond the use parameters for any given service as described in its corresponding documentation.
      6. 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.

    • 6.2 Wrongful activities

      1. Misrepresentation of user’s 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 us or any third party) You will not use the services on behalf of any third party, unless such third party has expressly authorized you to access and use our services under its account;
      2. 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;
      3. Using our services to stalk, harass, or post direct, specific threats of violence against others;
      4. Using the Services for any illegal purpose, or in violation of any laws (including without limitation data, privacy, and export control laws);
      5. Accessing or searching any part of the services by any means other than our publicly supported interfaces (for example, "scraping");
      6. Using meta tags or any other "hidden text" including our or our suppliers' product names or trademarks;
      7. Using the services in connection with providing any adult entertainment oriented or otherwise pornographic services; or
      8. Perform an action with the intent of introducing to the services, any viruses, worms, defects, Trojan horses, malware or any items of a destructive nature.

    • 6.3 Inappropriate communications

      1. Using the services to generate or send unsolicited communications, advertising, chain letters, or spam;
      2. Soliciting our users for commercial purposes, unless expressly permitted by us;
      3. Disparaging us or our partners, vendors, or affiliates; or
      4. Promoting or advertising products or services other than user's own without appropriate authorization.

    • 6.4 Inappropriate content

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

      1. Infringes our 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;
      2. User doesn't have the right to submit information that:
        1. is deceptive, fraudulent, illegal, obscene, defamatory, libelous, threatening, harmful to minors, pornographic (including child pornography, which we will remove and report to law enforcement), indecent, harassing, hateful;
        2. Encourages illegal or tortious conduct or that is otherwise inappropriate;
        3. Attacks others based on their race, ethnicity, national origin, religion, sex, gender, sexual orientation, disability, or medical condition;
        4. Contains viruses, bots, worms, scripting exploits, or other similar materials;
        5. Is intended to be inflammatory;
        6. is targeted to children under the age of eighteen (18); or
        7. Could otherwise cause damage to us or any third party;

    • 6.5 Unacceptable Use

      1. 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 Services.
      2. User must not directly, indirectly, or through automated or other means:
        1. engage in any harassing, threatening, intimidating, predatory, or stalking conduct;
        2. use or attempt to use another user's account without prior authorization from that user;
        3. 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;
        4. collect information of or about other users in any impermissible or unauthorized manner;
        5. use our Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users;
        6. damage, disable, overburden, or impair our Services;
        7. send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications;
        8. 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;
        9. encourage or provide instructions for a criminal offense;
        10. distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content;
        11. 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 Services, including content-filtering techniques; or
        12. expose us or others to any type of harm or liability.

    • 6.6 Restrictions

    • Except as otherwise permitted by us in writing, User must not directly, indirectly, or through automated or other means:

      1. distribute, sell, resell, or rent our Services to third parties;
      2. distribute or make our 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 Services;
      3. copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Services. User must not directly, indirectly, or through automated or other means;
      4. remove any proprietary rights notices or markings;
      5. reverse engineer any aspect of our Services or do anything that may discover source code;
      6. scrape or extract data from our Services;
      7. develop or use any applications that interact with our Services without our prior written consent; and create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

    • 6.6 Restrictions

    • Except as otherwise permitted by us in writing, User must not directly, indirectly, or through automated or other means:

      1. distribute, sell, resell, or rent our Services to third parties;
      2. distribute or make our 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 Services;
      3. copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Services. User must not directly, indirectly, or through automated or other means;
      4. remove any proprietary rights notices or markings;
      5. reverse engineer any aspect of our Services or do anything that may discover source code;
      6. scrape or extract data from our Services;
      7. develop or use any applications that interact with our Services without our prior written consent; and create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.

    • 6.7 Certain areas of this Website are restricted from being accessed by you and we may further restrict access by you to any areas of this Website, at any time, in absolute discretion.

    • 6.8 In this Permitted Use clause , 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 a user post, upload, share, submit, or otherwise provide in any manner to the Services and (2) any other materials, content, or data a user provides to us or uses with the Services.

    • 6.9 Without affecting any other remedies available to us, we may permanently or temporarily terminate or suspend a user's account or access to the services without notice or liability if we (in our sole discretion) determines that a user has violated this Permitted Use clause.

  11. PRIVACY AND INFORMATION ABOUT YOU

    In order to access certain services or Content, you may be required to provide information about yourself such as your name, address, and billing details. The information we collect, including information obtained from third parties, is shared between us and the group companies to operate the Service for the purposes of processing your transactions and/or provisioning Content to you. You understand that by using the service you consent to the collection, use and disclosure of your personally identifiable information and Customer Data as set forth in our Privacy Policy, and to have your personally identifiable information and Customer Data collected, used, transferred to and processed, by us. Our Privacy Policy explains how we treat your personal data and protect your privacy when using our services.


  12. INTELLECTUAL PROPERTY RIGHTS

    • 8.1 Other than the content you own, under these Terms, we own all the intellectual property rights and materials contained in this Website. You are granted limited license only for purposes of viewing the material contained on this Website.

    • 8.2 You may view, download print pages from the Website and share content of our Website with other people, subject to the restrictions set out below and elsewhere in these terms and conditions.

    • 8.3 You must not:
      1. sell, rent or sub-license material from the Website;
      2. reproduce, duplicate, copy or otherwise exploit material from our Website without our explicit written permission;
      3. edit or otherwise modify any material on the Website for the purpose of disguising or changing any indications of the ownership or source of Content. You may not remove any watermarks, labels or other legal or proprietary notices included in any Content.

    • 8.4 The Company respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are promptly and properly provided to Us. If You have a reason to believe that Your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
      1. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
      2. identification of the copyrighted work claimed to have been infringed;
      3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
      4. Your contact information, including Your address, telephone number and an email address;
      5. a statement by You that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
      6. a statement that the information in the notification is accurate, and that You are authorized to act on behalf of the copyright owner.

    • 8.5 We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you.

    • 8.6 The notices can be sent to the Data Officer in accordance with Clause 21below.

  13. TERMINATION

    The Terms will continue to apply until terminated by either you or the Company as follows:

    1. We have adopted a policy of terminating, inappropriate circumstances, users who are deemed to be repeat infringers, without giving any prior notice. We may also in our sole discretion limit access to the Platform and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
    2. You may end your legal agreement with us at any time for any reason by discontinuing Your use of the Services. You do not need to specifically inform Us when You stop using the Services. However Your accounts may be deactivated due to prolonged inactivity as per Company’s policies on such inactive accounts.
    3. The Company reserves the right to decide whether any Content posted using the Services is appropriate and complies with these Terms. The Company may, in its sole discretion, remove such data/content and/or terminate Your access for uploading material in violation of these Terms and Privacy Policy at any time, without prior notice.
    4. Clauses 8, 11, 12, 13, and 14 of these Terms of Use shall survive termination.

  14. YOUR CONTENT


    • 10.1 By displaying Your Content on the Website, you grant us a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media. You agree that this license includes the right for the Company to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals who partner with the Company for the syndication, broadcast, distribution or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Your content must be Your own and must not be invading any third party’s rights. We reserve the right to remove any of Your content from this Website at any time without notice.

    • 10.2 The content of all Services and comments, whether publicly posted or privately transmitted, is the sole responsibility of the person who created such snippets or comment using the Services. We are, in no manner whatsoever, responsible for monitoring or controlling the same and in no way liable for such Content.

    • 10.3 The Company reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Services and to terminate users without prior notice or assigning any reasons whatsoever and is under no obligation to obtain prior consent from You for such acts. The Company also reserves 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 the Services, its users and the public.

    • 10.4 You are solely responsible for any use of or reliance on any materials created using the Services or obtained by You through the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mis-labelled or are otherwise deceptive.

    • 10.5 You are not permitted to have multiple accounts to provide reviews and feedback. In the event of such fraudulent activities, the Company shall block your access to the Website, without prior notice.

    • 10.6 We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted through the Services.

    • 10.7 Under no circumstances will We be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available using the Services.

    • 10.8 Such additional uses by Us, or other companies, organizations or individuals who partner with Us, may be made with no compensation paid to You with respect to the Content that You submit, post, transmit or otherwise make available through the Services.

    • 10.9 We may modify or adapt Your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to Your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

    • 10.10 You are responsible for Your use of the Services, for any Content You provide, and for any consequences thereof, including the use of Your Content by other users and our third party partners. You understand that your Content may be syndicated, broadcast, distributed, or published by Our partners and if You do not have the right to submit Content for such use, it may subject you to liability. The Company will not be responsible or liable for any use of Your Content by Us in accordance with these Terms. You represent and warrant that You have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

  15. DISCLAMER AND WARRANTIES


    • 11.1 This Website is provided “as is,” with all faults, and we express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Information, including text, graphic or other content, about deals we publish on the Website does not represent any form of recommendation, advice, endorsement or arrangement by us and you should make your own judgement when you are making purchase decisions.

    • 11.2 We do not guarantee the correctness of information on our Website or the third-party Websites we may link to. You understand and agree that we are not responsible or liable for the availability or accuracy of, and we do not endorse, such Websites or resources or the content, products, or services on or available from such Websites or resources.

    • 11.3 We are doing our best to keep information on our web site up-to-date and free from errors, but will not be liable for any inaccuracies.

    • 11.4 We do not have to notify you of any changes of information published on our Website.

    • 11.5 We do not warrant that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the service is downloaded and used at your own risk and you will be solely responsible for any damage to your computer system or mobile device or loss of data that results from such download or your use of the service.

  16. LIMITATION OF LIABILITY


    • 12.1 To the maximum extent permitted by applicable law, in no event shall the company, its affiliates, agents, directors, employees, suppliers or licensors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use the service. Under no circumstances will we be responsible for any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the service or your account or the information contained therein.

    • 12.2 To the maximum extent permitted by applicable law, we assume no liability or responsibility for any:
      1. errors, mistakes, or inaccuracies of the content;
      2. personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the service;
      3. any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
      4. any interruption or cessation of transmission to or from the service;
      5. any bugs, viruses, trojan horses, or the like that may be transmitted to or through the service by any third party;
      6. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content or data transmitted or otherwise made available through the platform; and/or
      7. customer data or the defamatory, offensive, or illegal conduct of any third party. In no event shall we, our affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding lower of the amount you paid to us hereunder in the three (3) months prior to the date the last cause of action arose.

    • 12.3 This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if we have been advised of the possibility of such damage. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.

  17. INDEMNIFICATION


    • 13.1 You hereby indemnify us to the fullest extent from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.

    • 13.2 You agree to defend, indemnify and hold harmless the company and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from or related to:
      1. your use of and access to the service including any data or content transmitted or received by you;
      2. your violation or alleged violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above;
      3. any violation of any third-party right, including without limitation any right of privacy or intellectual property rights, by you, your Customer Data, Device, or Application, or any use thereof;
      4. your violation of any applicable law, rule or regulation;
      5. any of your Customer Data or any that is transmitted via your account;
      6. any personal injury or property damage arising from or relating to your use of the service or any authorized or unauthorized use of your Device or Application; or
      7. any other party’s access and use of the service with your unique username, password or other appropriate security code.

  18. GOVERNING LAW & DISPUTE RESOLUTION

    These Terms will be governed by and interpreted in accordance with the laws of India.

    For any dispute with Us, you agree to first contact the Data Officer, as detailed Clause 21, and attempt to resolve the dispute with us. Each party will dedicate its best efforts to amicably settle any dispute, which may arise out of these Terms or Use of the Website. The negotiation and amicable settlement shall commence immediately upon issue of notice. In the unlikely event that we have not been able to resolve a dispute after sixty (60) days, we each agree to resolve any claim, dispute, or controversy arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof, or the Services, (collectively, "Claims"), by binding arbitration under the rules of the Indian Arbitration Act, 1996, by a sole arbitrator appointed by the Company. The language of the arbitration shall be English. The venue of such arbitration shall be at Bangalore, India and the award of the Arbitrator shall be binding on both the parties. Each party will be responsible for paying any Arbitration filing, administrative and arbitrator fees in accordance with rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses.


  19. ABILITY TO ACCEPT TERMS OF SERVICE

    You affirm that You are either more than eighteen (18) years of age, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. You further represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a” terrorist-supporting” country, and that You are not listed on any U.S. Government list of prohibited or restricted parties.


  20. WAIVER AND SEVERABILITY

    Any failure on our part to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.


  21. ASSIGNMENT

    We are allowed to assign, transfer, and subcontract our rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.


  22. ENTIRE AGREEMENT

    These Terms and our Privacy Policy are the entire and exclusive agreement between the Company and You regarding the Services (excluding any services for which You have a separate agreement with us that is explicitly in addition or in place of these Terms), and these Terms supersede and replace any prior agreements between the Company and You regarding the Services.


  23. NOTICE OF CLAIM

    If the User has any questions concerning the Website, this Terms of Use, or the Services, Company’s customer support can be reached at the following email address: support@dotgo.com.

    Please provide the following information in your mail:

    1. Your address, telephone number, and email address;
    2. Your question;
    3. A statement by you that the above information in your Notice is accurate.

  24. GRIEVANCE AND REDRESSAL

    If Users have any grievance with respect to the Website, including any discrepancies and grievances in relation to collection, storage, use, disclosure, transfer or any processing of information, you can contact our Data Officer at:

    Name: Data Officer
    Address: 1289/1090E, 1st Floor, 18th Cross Rd, Sector 3, HSR Layout, Bengaluru, Karnataka 560102
    Phone: +91 80 4979 7755
    Email: dpo@dotgo.com

    The Data Officer shall respond within thirty (30) days from the date of receipt of complaint.

Newsletter