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Ada — Terms of Service Product CustomersWell-nighSchedule a Demo Product CustomersWell-nighBlog Careers Terms of Service Schedule a Demo © 2018 Ada Support Inc. Terms of ServiceConstructiveDate: July 25, 2018 1. Definitions In this Terms of Use: 1.1. Terms specified in the Order Form shall have the same meaning in thisTry-onunless the context indicates otherwise. 1.2. "Agreement" or “Terms of Use” ways these terms of service and the Order Form.“Bot” ways Ada Support’s proprietary conversational, strained intelligence powered consumer support teammate which can wangle End User Data and be deployed through the Channel. 1.3. "Customer" ways the consumer as specified in the Order Form.“Channel” ways the liaison or messaging channel(s) specified in the Order Form. “End User” ways customers ofConsumerwho wangle the Services through the Channel. "Supplier" ways Ada Support Inc. 1.4. "End User Data" ways any data relating to End Users whichConsumerreceives, procures, gathers, stores, processes or has wangle to 1.5. "Engagement" ways a single instance of a conversation between any End User and the Bot on any Channel. For the avoidance of doubt, each new or renewed conversation between any End User and the Bot on anyWaterworks(even the same channel) shall be a separate Engagement. 1.6. "Initial Term" has the meaning given to it in Section 9.1. 1.7. "Intellectual Property Rights" ways all industrial and other intellectual property rights comprising or relating to: (a) patents; (b) trade-marks; (c) Internet domain names, whether or not trade-marks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and industrial diamond registrations, whether or not copyrightable, including copyrights and copyrightable works, software and firmware, using programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; and (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each specimen whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection under the laws of any jurisdiction in any part of the world. 1.8. "Order Form" ways either (i) an online form submitted through the Website subscribing for the Services (which may be misogynist from time to time); or (ii) a form signed byConsumerand Ada Support subscribing for the Service, in each specimen which incorporate these Terms of Use 1.9. "Pattern Data" ways non-personally identifiable information, data and reports derived from or compiled through the Service, including but not limited to demographics data, mobility patterns, location data and trend data such as aggregated data and statistics indicating frequency of use and popularity of the services. For greater certainty, Pattern Data is data that does not identify a specificConsumeror its end users and is data which does not relate to a specific Customer’s merchantry (including data relating to a specific Customer’s locations that receive the Services). 1.10. "Site" ways www.ada.support and any sub-site of that site. 1.11. "Services" has the meaning given to it in Section 3.1. 1.12. "Software Service API" ways the API that enables the wangle to End User Data held by Services by the Services. 1.13. "Support Services" ways the support and services set out in the workable Order Form (if any). 1.14. "Term" ways the period of the Initial Term and any subsequent Renewal Term. 1.15. "You" waysConsumeror any other user of the Website. 2. Licence 2.1. License Grant: The Services are protected by copyright, trade secret, and other intellectual property laws. Ada Support grantsConsumera limited, non-exclusive, non-transferable right and license to use the Services during the Term set out in any Order From submitted byConsumerand wonted by Ada Support in vibrations with the terms and conditions of this Terms of Use and such Order Form. You shall have not have a right to use the Service in the sparsity of an well-set and executed Order Form. Except for rights expressly granted toConsumerhereunder, Ada Support reserves all other rights, title and interest in and to the Services and the underlying technology used to provide the Services.Consumeracknowledges that only Ada Support shall have the right to maintain, enhance or otherwise modify the Services and Ada Support technology unless specific permissions are granted toConsumerin a separate try-on with Ada Support. 2.2. Services Restrictions:Consumershall use the Services solely as contemplated in this Terms of Use and shall not directly or indirectly license, sublicense, sell, resell, lease, transfer, assign, distribute, time share or, save as expressly permitted by this Terms of Use, otherwise make the Services misogynist to any third party including making the Services misogynist through any file-sharing method or any using hosting service.Consumershall not, except to the extent expressly well-set upon in writing by Ada Support with Customer: a. modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on Ada Support technology except to the extent expressly well-set upon in writing by Ada Support withConsumeror to the extent that enforcement is prohibited by workable law notwithstanding a contractual provision to the contrary; b. circumvent any user limits or other use restrictions that are built into the Services; c. remove any proprietary notices, labels, or marks from the Services or Ada Support technology; d. wangle the Services in order to (i) build a competitive product or service; or (ii) reprinting any ideas, features, functions or graphics of the Services; or e. use the Services in a manner that: vi. Infringes or violates the intellectual property rights or any other rights of anyone else (including Ada Support); vii. Violates any law or regulation, including any workable export tenancy laws; viii. Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable; ix. Attempts, in any manner, to obtain the password, account, or other security information from any other user; x.Violates the security of any computer network, or cracks any passwords or security encryption codes; or xi. Runs any form of auto-responder or "spam" on the Services, or any processes that run or are zingy whileConsumerare not logged into the Services, or that otherwise interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure). 2.3. Third Party Software. The technology underlying the Software Service may incorporate and embed software and other technology owned and controlled by third parties. Any such third party software or technology that is incorporated in the Software Service falls under the telescopic of this Terms of Use. Such third party software is licensed; not sold and will be provided toConsumeron the license terms of thisTry-onunless spare or separate license terms wield as indicated at the time of worth access. 3. Services 3.1. Services: During the Term and subject to there stuff an Order Form in place betweenConsumerand Ada Support shall provide the pursuit services ("Services") toConsumerin vibrations with and subject to the terms and conditions set along in this Terms of Use and the workable Order Form: a. Customer-branded responses to End-User queries using the Bot through the Channels in the Language, as increasingly fully described in the Order Form; and b. Such other related services as may be expressly well-set betweenConsumerand Ada Support from time to time as set out in the Order Form or subsequent Order Forms. 3.2. Support Services: If so specified in the Order Form, during the Term Ada Support shall provide the Support Services toConsumerin vibrations with and subject to the terms and conditions set along in this Terms of Use. 3.3. Restrictions: Without limiting any other provision of this Terms of Use,Consumeragrees thatConsumerwill not (and will not indulge any third party to), either directly or indirectly: a. disseminate, market, license, sublicense, let, rent, requite somebody the loan of, or sub-authorize any element of the Software Service API to any third party save as otherwise expressly provided in this Terms of Use; b. reverse engineer, decrypt, decompile, decode, disassemble, or in any other way try to procure the human decipherable form of the Software Service; undertake any benchmark trials using all or any part of the Software Service API; remove any copyright notices, ownership labels or classified legends placed upon or found within the Software Service; or c. indulge in any whoopee with the Software Service API that meddles with, disturbs, destroys, or accesses in an unlawful way the server networks, connections, records, or other resources and tools or services of Ada Support or any related third party. 3.4. End User Data Terms: To the extent an End User receives, procures, gathers, stores, processes or has wangle to any End User Data via the Services,Consumeris solely responsible for obtaining the requisite permission from End Users for use of their End User Data in connection with the Services. 3.5.Verismof End User Data: Ada Support does not represent, warrant or undertake that the End User Data misogynist through the Services will at all times be accurate, error-free, up-to-date or complete. 4. Updates 4.1. Ada Support will informConsumerof any planned changes or upgrades to its Software Service API or Services by sending an email notification at least ninety (90) days prior to the changes coming into effect. In specimen of any emergency or other unplanned modifications or updates to its Software Service API or Services, Ada Support will sendConsumera notification by email as soon as time permits informingConsumerof the stage when such changes or updates wilt effective. In the event of a discontinuation of a Software Service, any pre-paid software service fees will be refunded on a prorated basis. 5. Proprietary Rights 5.1. Reservation of Rights: All right, title and interest in and to the Services (including without limitation the Software Service API), including all Intellectual Property Rights therein are and will remain with Ada Support and its licensors.Consumeracknowledges and agrees that it has no right, license or passport with respect to any of the Services (including any Intellectual Property Rights therein) except as expressly set along in this Terms of Use. All other rights in and to the Services are expressly reserved by Ada Support and its licensors. 5.2. Feedback: Ada Support may freely use any suggestions, feedback or ideasConsumermay provide. By providing any feedback to Ada Support,Consumergrants Ada Support a perpetual, worldwide, fully transferable, sublicensable, non-revocable, royalty free, license to use the feedback thatConsumerprovides. Ada Support may put Customer’s provided feedback in various uses that may include but not limited to modifying and improving the Services, Ada Support’s other current and future services/products, services razzmatazz or marketing materials 5.3. Machine learning. In the undertow of providing the Services toConsumerduring the Term, Ada Support and the Services will develop, create and stockpile spare machine learning which will be incorporated into the Services ("Machine Learning"). Without limiting the provisions of Section 5.1 above, all right, title and interest in and to the Machine Learning, including all Intellectual Property Rights therein are and will remain with Ada Support and its licensors.Consumeracknowledges and agrees that it has no right, license or passport with respect to any of the Machine Learning (including any Intellectual Property Rights therein) except as expressly set along in these Terms of Use. Nothing in this Section 5.3 shall grant Ada Support any rights toConsumerData (as specified below). 5.4.ConsumerData. As betweenConsumerand Ada Support,Consumerowns and retains ownership ofConsumercontent thatConsumerprovides, stores or processes through the Service including End User Data and any other personal informationConsumerprovides well-nigh Customer’s End Users ("Customer Data").Consumerhereby grants Ada Support a perpetual, worldwide, royalty-free, and non-exclusive license to accessConsumerData in order to: (i) provide the Services; (ii) create Pattern Data and (iii) otherwise use anonymizedConsumerData (including without limitation the content of End User interactions withConsumerthrough Service) for the purpose of improving the Service. Together with Sections 5.2constitute the “Content License”).Consumerunderstands that Ada Support, in performing the required technical steps to provide the Services, may (a) transmit or distributeConsumerData over various public or private networks and in various media; and (b) make such changes toConsumerData as are necessary to conform and transmute thatConsumerData to the technical requirements of connecting networks, devices, Services or media.Consumerconfirms and warrants to Ada Support thatConsumerhas all the rights, power and validity necessary to grant the whilom Content License and that use of the Content in the manner contemplated will not violate the rights of any third party. For the avoidance of doubt, any End User Data that comes into Customer’s possession through any social network platform (“SNP”) as part of the Service shall be subject to the SNP Terms. To the extent that anyConsumerData include any personal information, such personal information shall be held and processed by Ada Support in vibrations with the terms of its privacy policy as set out on the Site from time to time. 5.5. Content Responsibilities.Consumeris responsible for any and all content provided hereunder and for compliance with this Terms of Use including obtaining all necessary licenses, permissions and consents to enable all material comprisingConsumerData to be made misogynist to Ada Support for Ada Support to transmit, host and store. For greater certainty,Consumershall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and righteousness of allConsumerData; (ii) use commercially reasonable efforts to prevent unauthorized wangle to, or use of, the Service and notify Ada Support promptly of any such unauthorized wangle or use 5.6.ConsumerData Export: Upon request byConsumerduring Term or within 90 days of termination, Ada Support shall provideConsumerwith a reprinting of theConsumerData, including question and answers ripened during the Term. 6. Price & Payment 6.1. Services Fees: the Software Service Fees are those fees as described in the Order Form. 6.2. Invoices and payment: Invoices will be sent and payment will be due in vibrations with the terms of the Agreement. Invoice frequency and billing shall be quarterly. 7. Availability, Security, and Stability 7.1. Availability. Ada Support shall: (i) make commercially reasonable efforts to maintain the security and integrity of the Service and theConsumerData; and (ii) use commercially reasonable efforts to make the Service misogynist twenty-four (24) hours a day, seven (7) days a week, except for: (a) planned reviviscence (of which Ada Support shall , unless circumstances otherwise require, requite at least eight (8) hours’ notice via the Service and which Ada Support shall schedule to the extent reasonably practicable during the weekend hours from 6:00 p.m. Eastern Standard Time Friday to 3:00 a.m. Eastern Standard Time Monday); or (b) any unavailability caused by circumstances vastitude Ada Support's reasonable control, including without limitation, acts of God, acts of government, flood, fire, earthquakes, starchy unrest, acts of terror, strikes or other labor problems (other than those involving Provider employees), computer, telecommunications, Internet service provider or hosting facility failures or delays involving hardware, software or power systems not within Ada Support’s possession or reasonable control, and withholding of service attacks. 7.2. Temporary Suspension: It is in the weightier interests of both Parties that Ada Support maintain a secure and stable environment. In the event of ousting or instability of the Software Service API or an emergency, Ada Support may, in its sole discretion, temporarily suspend Customer's wangle to the Software Service API or Services provided under this Terms of Use. Ada Support shall have no responsibility or liability for any liabilities, losses, lost profits, potential lost merchantry opportunities or damages that might upspring in relation to Ada Support’s suspension of wangle to the Software Service API or Services provided under this Terms of Use. 7.3. Performance: The Services depend on Internet availability, including networks, cabling facilities and equipment that is not in Ada Support’s control. Accordingly: a. notwithstanding anything to the undisciplined in the Terms of Use and without limiting any other provision of this Terms of Use, any representation made by Ada Support regarding access, performance, speed, reliability, availability, use or consistency of the Services is based on a commercially reasonable effort basis; and b. no guarantee is given in respect of any minimum level regarding such access, performance, speed, reliability, availability, use or consistency of the Software Service API or Services in respect of Internet availability, including networks, cabling facilities and equipment that is not in Ada Support’s control, but Ada Support agrees it will use commercially reasonable efforts to restore such availability where it is within its power to do so. 8. Confidentiality 8.1. As used herein, "Confidential Information" ways all confidential and proprietary information of a party (the “Disclosing Party”) disclosed to the other party (the “Receiving Party”), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure, including the terms and conditions of this Agreement, theConsumerData, the Service, merchantry and marketing plans, technology and technical information, product designs, and merchantry processes. Confidential Information shall not include any information that: (i) is or becomes often known to the public without violate of any obligation owed to the Disclosing Party; (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without violate of any obligation owed to the Disclosing Party; (iii) was independently ripened by the Receiving Party without violate of any obligation owed to the Disclosing Party; or (iv) is received from a third party without violate of any obligation owed to the Disclosing Party. 8.2. Confidentiality: The Receiving Party shall not unroll or use any Confidential Information of the Disclosing Party for any purpose outside the telescopic of this Agreement, except with the Disclosing Party's prior written permission. Notwithstanding the foregoing, Provider may: unroll thisTry-onto its very and prospective investors, advisors and partners. 8.3. Protection: Each party agrees to protect the confidentiality of the Confidential Information of the other party in the same manner that it protects the confidentiality of its own proprietary and confidential information of like kind (but in no event using less than reasonable care). 8.4. Compelled Disclosure: If the Receiving Party is compelled by law to unroll Confidential Information of the Disclosing Party, it shall provide the Disclosing Party with prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to races the disclosure. 8.5. Remedies: If the Receiving Party discloses or uses (or threatens to unroll or use) any Confidential Information of the Disclosing Party in violate of confidentiality protections hereunder, the Disclosing Party shall have the right, in wing to any other remedies misogynist to it, to seek injunctive relief to enjoin such acts, it stuff specifically undisputed by the parties that any other misogynist remedies may be inadequate. 9. Terms and Termination 9.1. Term: These Terms of Use in respect of use of the Software Service comes into effect on the prelude stage set out in the Order Form for an initial period ("Initial Term") set out in the Order Form, unless terminated sooner in vibrations with this Terms of Use. 9.2. Renewal: This Terms of Use will automatically renew for spare one (1) year terms (each a "Renewal Term") ifConsumerprovides at least 15 days’ written notice to Ada Support, prior to a new term starting, stating its intention to renew the same. 9.3. Termination: Either Party may terminate this Terms of Use immediately on written notice if the other: a. Commits a material violate of this Terms of Use, which is capable of remedy, and the Party in violate fails to remedy the violate within thirty (30) days of written notice requiring the breaching Party to remedy the breach; or b. Commits a material violate of this Terms of Use which cannot be remedied; or c. Is repeatedly in violate of this Terms of Use and has been given prior notice in writing that a remoter violate of this Terms of Use will result in its termination; or d. Is the subject of a bankruptcy order, or becomes insolvent, or makes any wattle or sonnet with or work for the goody of its creditors, or if it goes into either voluntary (other than for reconstruction or amalgamation) or compulsory liquidation, or a receiver or zookeeper is scheduled over its assets, or if the equivalent of any such events under the laws of any of the relevant jurisdictions occurs; or e. Is unable, as a result ofGravityMajeure or for any other reason, to comply with a material portion of this Terms of Use for a continuous period of not less than sixty (60) days. 9.4. Suspension or Termination in Emergency: The Ada Support shall have right to suspend or terminate this Terms of Use immediately in the event of an emergency, suspected fraud, enforcement by external authorities or regulatory requirement or on provision of at least ten (10) days prior written notice toConsumerof all other suspensions or terminations where practicable. 9.5. Termination for convenience. Ada Support retains the right to terminate this try-on at any time for convenience upon giving not less than 60 days whop written notice. On such termination Ada Support shall refund all unused Fees that may have been prepaid by You. 9.6. Effect of Termination: a. Any termination of this Terms of Use (howsoever occasioned) shall not stupefy any accrued rights or liabilities of either Party nor shall it stupefy the coming into gravity or the duration in gravity of any provision hereof which is expressly or by implication intended to come into or protract in gravity on or without such termination. b. Upon termination of this Terms of Use,Consumershall, at Ada Support’s choice, return all Confidential Information of Ada Support (including without limitation all End User Data) and any copies thereof or destroy or permanently delete all such Confidential Information and provide written certification that it has washed-up so. c. Upon termination of this Terms of Use, Ada Support shall destroy or permanently delete all Confidential Information ofConsumer(including without limitation all End User Data and rawConsumerData) and any copies thereof, but excluding Pattern Data for which Ada retains sectional ownership d. Notwithstanding anything to the undisciplined herein, the obligation to return, destroy or permanently delete all copies of the Confidential Information of the other Party (including without limitation End User Data) does not proffer to (i) automatically generated computer backups or tabulated copies on Parties’ will-less replacement systems, provided that such copies are held in vibrations with the provisions of this Terms of Use for so long as they are retained; and (ii) anonymized and volume Protected Information in each Party’s possession. 9.7. Surviving Provisions: The pursuit provisions shall survive any termination or expiration of this Terms of Use: Sections 2.2, 2.3, 5, 6, 8, 9.6, 9.7, 11, 12, and 13 10.GravityMajeure 10.1. Neither Party will be liable for incomplete fulfillment or non-fulfillment of their obligations under this Terms of Use and losses occurred due to gravity majeure circumstances.Gravitymajeure circumstances are any circumstances that the Parties could not foresee and are vastitude Parties’ reasonable tenancy and directly stupefy the Terms of Use activities: normative acts issued by the state and government institutions and tightness for the Parties, strikes, natural disasters, war or any kind of military operations, blockade, epidemics, etc., but excluding any payment obligations. 10.2. The Party that cannot fulfill its obligations as a result of gravity majeure circumstances shall immediately inform the other Party of occurrence of such circumstances and their possible period, as well as personize such notice in writing not later that within seven (7) timetable days from the stage of occurrence of gravity majeure circumstances. Failure to inform or untimely information does not requite the Party that has failed to inform or has informed untimely the right to refer to any gravity majeure circumstances as to the grounds for release from liability for incomplete fulfillment or non-fulfillment of its obligations. 10.3. In specimen of occurrence of gravity majeure circumstances, fulfillment of Parties' obligations is suspended until the end of such circumstances, but if the situation remains unresolved for sixty (60) days or more, either Party may elect to terminate this Terms of Use without liability to the other. 11. Warranties, Disclaimers, & Indemnification 11.1. Mutual Warranties: Each Party represents, warrants to the other Party that: (i) it is a corporation, duly organized, validly existing and in good standing under the laws of its jurisdiction of incorporation; (ii) it has all requisite power and validity and approvals to execute, unhook and perform its obligations under this Terms of Use; (iii) the execution and wordage of this Terms of Use and the performance of its obligations hereunder have been duly authorized by it and any necessary third parties; and (iv) it will perform its duties and obligations hereunder in a careful, diligent, professional, proper, efficient and pragmatic manner. 11.2. Ada Support Warranties: Ada Support represents and warrants toConsumerthat during the Term of this Terms of Use it will provide the Services in a manner resulting with any service levels or terms set out in this Terms of Use. Ada Support does not warrant that use of the Services will be error-free, uninterrupted or secure. 11.3. Disclaimer: Except as specifically set out herein the Services are provided "As is", without any representation and/or warranty of any kind. Vendor and its licensors and/or suppliers make no other representations and requite no other warranties, express, implied, statutory, or otherwise regarding the services provided under this try-on and vendor specifically disclaims any and all statutory representations and/or warranties versus non-infringement and any and all unsaid representations and/or warranties of merchantability, durability, title and fitness for a particular purpose to the maximum extent permitted by workable law. 11.4. Mutual indemnification: each party agrees to indemnify, defend and hold the other party and its representatives harmless from all losses welling out of its gross negligence or willful misconduct (including, without limitation, fraud or any other unlawful act) in performing its obligations pursuant to this try-on or, in the specimen of customer, in its use of the services. 11.5. Indemnity for end user claims: consumer shall alimony vendor, both during the term and without expiration of this agreement, fully and powerfully indemnified versus all losses, claims, damages, liabilities, financing and expenses incurred by or imposed upon vendor as a magnitude of any ribbon or judgment in favour of an end user of consumer welling in connection with the Services (save where such requirement would otherwise be indemnified by vendor under section 11.4 or 11.6). 11.6. Indemnity for security violate claims: each party (the "Indemnifying party") shall alimony the other party (the "Indemnified party") fully and powerfully indemnified versus all uncontrived losses, claims, damages, liabilities, financing and expenses incurred by or imposed upon the indemnified party welling out of the disclosure to or wangle by an unauthorized third party of end user data (a "Security breach") as a result of a violate of the terms of this try-on by the indemnifying party or otherwise due to the indemnifying party's wilful misconduct or gross negligence. 11.7. Indemnity by Ada Support: Ada Support shall defendConsumeragainst any claim, demand, suit, or proceeding made or brought againstConsumerby a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the Intellectual Property Rights of a third party, and shall indemnifyConsumerfor any damages finally awarded against, and for reasonable attorney's fees incurred by,Consumerin connection with any such claim; provided that Customer(a) promptly gives Ada Support written notice of the claim; (b) gives Ada Support sole tenancy of the defense and settlement of the claim; and (c) provides to Ada Support all reasonable assistance, at Ada Support‘s expense. 12. Limitation of Liability 12.1. Limitation on indirect liability: neither party shall be responsible for any other person's or entity's errors, acts, omissions, failures to act, negligence or intentional conduct, including without limitation entities such as either party's affiliates, subsidiaries, teachers or subcontractors. In no event shall either party be liable for any consequential, incidental, punitive or special damages which either party or end users, affiliates, parent companies, associates, agents, officers, directors or employees may incur or suffer in connection with this agreement, resulting from either party's acts or omissions pursuant to this agreement.12.2. Limitation on value of liability: to the maximum extent permitted by workable law, each party's volume liability for all claims relating to this try-on shall not exceed the equivalent of the fees paid by consumer to vendor in the previous six (6) months preceding the claim. 12.3. Exceptions to Limitations: These limitations of liability do not wield to breaches of confidentiality obligations set out in Section 8, violations of a Party’s Intellectual Property Rights by the other Party, or to the indemnification obligations set out in Section 11.7. 13. Miscellaneous 13.1. Support: Ada Support will provide support toConsumerin vibrations with the terms in the Technical Support Agreement.Consumeris solely responsible for providing all support and technical assistance to its End Users with respect to the Services.Consumeracknowledges and agrees that Ada Support has no obligation to provide support or technical assistance directly to the End Users of Services andConsumershall not represent to any such End Users that Ada Support is misogynist to provide such support.Consumeragrees to use commercially reasonable efforts to provide reasonable support to End Users of the Services. 13.2. Interpretation - For all purposes of this Terms of Use, except as otherwise expressly provided or unless the context otherwise requires: a. All references in thisTry-onto designated "sections", “paragraphs” and other subdivisions are references to the designated sections, paragraphs and other subdivisions of this Agreement; b. The words "herein", “hereof” and “hereunder”, and other words of similar import, refer to thisTry-onas a whole and not to any particular section, paragraph or other subdivision; c. The headings are for convenience only and do not form a part of this Agreement, nor are they intended to interpret, pinpoint or limit the scope, extent or intent of this Agreement, or any of its provisions; d. Where the words "include", “includes” or “including” are used in this Agreement, they shall be deemed to be followed by the words “without limitation”, and the words pursuit “include”, “includes” or “including”, as the specimen may be, shall not be considered to set along an exhaustive list; e. Unless otherwise stated, all references to currency shall midpoint Canadian currency; f. Any reference to any Person shall include and shall be deemed to be a reference to any entity that is a successor to such entity; g. Words importing gender include all genders, and words importing the singular include the plural, and vice versa. 13.3. Governing Law and Jurisdiction: This Terms of Use shall be construed and enforced in vibrations with, and the rights of the Parties shall be governed by, the laws of the Province of Ontario without reference to its nomination of law rules. Each of the Parties hereto hereby attorns to the non-exclusive jurisdiction of the courts of the Province of Ontario. 13.4. Assignment: Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, each party may assign thisTry-onin its entirety, without consent of the other party, in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its stock or assets. Any struggle by a party to assign its rights or obligations under thisTry-onin violate of this section shall be void and of no effect. Subject to the foregoing, thisTry-onshall tighten and inure to the goody of the parties, their respective successors and permitted assigns. 13.5.TightnessNature of Agreement: This Terms of Use shall ensure to the goody of and shall be tightness upon the Parties hereto together with their successors and permitted assigns. 13.6. Amendments, Waiver: Any amendment, modification or waiver in respect of this Terms of Use will only be constructive if in writing (including a writing evidenced by facsimile or electronic mail) and executed by the Parties. 13.8.RemoterAssurances: The Parties covenant and stipulate to do such things and execute such remoter documents, agreements and assurances as may be necessary or prudent from time to time in order to siphon out the terms and conditions of this Terms of Use in vibrations with their true intent. 13.9. Provisions Severable: If any provision of thisTry-onis held to be invalid, unenforceable or illegal, such provision shall be deemed to be self-sustaining and severable from the remaining provisions of this Terms of Use, and the remaining provisions of thisTry-onshall not be unauthentic and shall be valid and enforceable to the full extent permitted by law. 13.10. Rights and Remedies Cumulative: Except as provided in this Agreement, the rights, powers, remedies and privileges provided in this Terms of Use are cumulative and not sectional of any rights, powers, remedies and privileges provided by law. 13.11. Survival of Obligations: The obligations and remedies of the Parties and all rights and obligations of either Party that may have arisen or accrued prior to termination or expiry of this Subscription, survive termination or expiry of this Terms of Use. Exhibit A - Service Level Terms The Services shall be misogynist 99.95%, measured monthly, excluding scheduled maintenance. IfConsumerrequests maintenance during these scheduled maintenance hours, any uptime or reviviscence numbering will exclude periods unauthentic by such maintenance. Further, any reviviscence resulting from outages of third party connections or utilities or other reasons vastitude Company’s tenancy will moreover be excluded from any such calculation. Customer's sole and sectional remedy, and Company's unshortened liability, in connection with Service availability shall be that for each period of reviviscence lasting longer than one hour, Company will creditConsumer5% of Service fees for each period of 30 or increasingly subsequent minutes of downtime; provided that no increasingly than one such credit will stockpile per day.Reviviscenceshall uncork to stockpile as soon asConsumer(with notice to Company) recognizes that reviviscence is taking place, and continues until the availability of the Services is restored. Exhibit B - Ada Security and Privacy Policy Ada Support Inc. ("Ada"/ “we”/”us”) is single-minded to protecting your data and your users’ data. This Data Security and Privacy Policy describes how we collect, store, use and distribute information and data that you submit to us through the use of our Services, including without limitation, the Personal Information of your end users (“Customer Data”). We use industry standard security protocols to protect all user data and we review this policy regularly to ensure unfurled compliance with workable regulatory and legislative regimes governing personal information and data collection. For the purpose of this Data Security and Privacy Policy, our services refer to the megacosm and management of the Customer’s support bot, which interacts with your users in response to their support related inquiries (the “Services”). To the extent that the provisions of this policy are less restrictive on us than the provisions of the Customer’s Privacy policy, we will comply with the Customer’s Privacy Policy with respect to our use ofConsumerData. Consent: By using our Services you consent to the use ofConsumerData described in this Data Security and Privacy Policy. Except as set along in this Data Security and Privacy Policy,ConsumerData will not be used for any other purpose without consent. We do not collectConsumerData for the purpose of sale or marketing in a way that specifically identifies individuals.Hodgepodgeof Information: We aim to collect, use and unroll only such information as is required to enable us to manageConsumeraccounts, to provide the Services, and for service improvement. We will maintain the confidentiality of anyConsumerData provided to us in using the Services and we will use it only for the purposes for which we have placid it (subject to the exclusions and disclosures we have listed below). In the undertow of providing our Services, we may receive information well-nigh end users when they yack with the Customer’s support bot. There are two types of information that may be placid and stored through our Services: Personal Information and Non-Personal Information. "Personal Information" is personally identifiable information, such as names, usernames, e-mail address, credit vellum information, lineage stage and gender. While we will not solicit it, we may collect such information from your end users when they submit a consumer support inquiry. We collect the content of the user inquiry, which we use to modernize the Services, and we store such content only for so long as is reasonably necessary for this purpose. "Non-Personal Information" is information of an unrecognized nature, volume information, such as demographic statistics of our end users (e.g. stereotype age or geographical typecasting of end users) is not considered Personal Information. Non-Personal Information may be placid or derived by us in the undertow of providing the Services. We will not solicit or collect information from end users that is outside the telescopic of the clients operations." Non-Personal Information may be placid or derived by us in the undertow of providing the Services. Use of Information: We receive message logs and usernames when end users interact with the Customer’s support bot. Message logs may contain information such as, without limitation, usernames, email addresses, phone numbers, addresses, passwords, payment information and any other content that end users segregate to submit when they make a consumer support inquiry. We encrypt all the information submitted to us using AES encryption technology and store this information securely in a database. We use this information to modernize the quality of our Services, for example by analyzing volume data to predict the likelihood that an streamlined reply will be responsive to a new end user inquiry. We moreover collect statistics well-nigh use of the Services. This information will be kept confidential; however, volume statistics that do not personally identify an individual will be kept by us and such volume statistics may be made misogynist to other members or third parties. Security: The security ofConsumerData is important to us. We use industry standard security protocols to store and maintain yourConsumerData in a unscratched and secure environment. We take technical, contractual, administrative, and physical security steps designed to protectConsumerData. We have implemented procedures designed to limit the dissemination ofConsumerData to only such designated staff as are reasonably necessary to siphon out the stated purposes we have communicated to you. Disclosures & Transfers: We will not unroll or transferConsumerData to third parties without your permission, except as specified in this Data Security and Privacy Policy (see remoter Important Exceptions below). As at the stage of this Data Security and Privacy Policy, we use AWS cloud-based servers, and accordinglyConsumerData may be misogynist to governments or its agencies anywhere in the world, under a lawful order, irrespective of the safeguards we have put in place for the protection of yourConsumerData. Important Exceptions: We may discloseConsumerData to third parties without your consent under lawful order by a magistrate of competent jurisdiction, tribunal or other government agency. We may moreover discloseConsumerData where such disclosure is required by and in vibrations with the law.Summonsof this Policy: We reserve the right to transpiration this Data Security and Privacy Policy at any time. If we decide to transpiration this Data Security and Privacy Policy in the future, we will modify the EffectiveStageat the top of this page. Unless stated otherwise, our current Data Security and Privacy Policy applies to allConsumerData that we are in the undertow of providing our Services to. Your unfurled use of the Services signifies your visa of any changes. We save time, reduce cost, and modernize your consumer experience. © 2018 Ada Support Inc.Well-nighAdaWell-nighBlog Careers Security Press Kit Status Terms of Service Privacy Policy Newsletter Get updates, new features, and resources straight to your inbox. © 2018 Ada Support Inc. Schedule a demo and try Ada for self-ruling Fill out the form unelevated and we’ll coordinate a personalized demonstration.