Terms

Last Updated: 17 December 2023

Terms & Conditions

General terms

By subscribing to our service Cleva.Bot Ltd and its service suppliers (“Cleva.Bot Ltd”, “we”, “us”, “our”) agrees to supply online services as contained and more particularly described on our website https://cleva.bot/ (the “Service”) to the Subscriber (“Customer”, “Business”, "Client, “you”, “your”).

Copyright

Information obtained from us has been produced by our own resources and at times supplied freely from the public domain or with consent from third party professionals or organisations.

Subscription Term

There is no fixed or minimum term. You can cancel the subscription at any time by simply emailing us, and other than any outstanding amount, there will be no further payment due.

Payment

You agree to pay us by monthly Credit Card subscription for the Service until this contract is terminated. We may suspend access to the Service if payment is not made. Should there be any arrears in payments you authorise us to debit the outstanding balance in order to bring the account up to date.

Currency and GST

All prices are New Zealand currency and GST exclusive unless otherwise stated.

Business

You confirm you are a business and that this subscription is entered into with us as a business to business (B2B) transaction and, therefore, that the Consumer Guarantees Act or equivalent (B2C) consumer protection legislation does not apply.

Communications

By creating an account with Cleva.Bot Ltd you consent to receiving electronic communications from Cleva.Bot Ltd. These communications will include: account status updates, usage reports, order status updates, promotional and marketing materials, and other information relating to the Service. Your details will not be made available to any third party not related to Cleva.Bot Ltd or the supply of the Service. For more information please see our Privacy Policy here: https://cleva.bot/privacy/.

Use of ChatGPT and AI Technology

Cleva.Bot Ltd's services include the use of advanced AI technology, specifically ChatGPT. This technology is designed to provide automated responses and assistance based on its programming and available data. While we strive to ensure that ChatGPT delivers reliable and accurate information, please be aware that its responses are generated based on its training and available data. Consequently, these responses may not always be accurate, complete, or appropriate for all situations.

No Warranty for AI-Generated Content

Cleva.Bot Ltd expressly disclaims all warranties, whether express or implied, regarding the accuracy, reliability, or appropriateness of AI-generated content provided through our service for any particular purpose. Decisions made based on information or content provided by ChatGPT are the sole responsibility of the user. Cleva.Bot Ltd assumes no responsibility for any consequences resulting directly or indirectly from any action or inaction you take based on the information, services, or other material provided by ChatGPT.

Limitation of Liability for AI-Generated Content

Cleva.Bot Ltd shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from the use of, or the inability to use, AI-generated content. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, even if Cleva.Bot Ltd has been advised of the possibility of such damages. Cleva.Bot Ltd is not responsible for any misinterpretation, misinformation, or misunderstanding caused by AI-generated responses.

User Conduct and Compliance

Users of Cleva.Bot Ltd's service must ensure that their use of ChatGPT complies with all applicable laws and regulations. AI-generated content must not be used for any unlawful or prohibited purposes. Users are responsible for ensuring that their use of our service adheres to these terms.

Modification and Availability of AI Services

The availability and functionality of ChatGPT, as part of Cleva.Bot Ltd's services, are subject to change. Cleva.Bot Ltd reserves the right to modify, suspend, or discontinue any aspect of the AI service features at any time without notice. Cleva.Bot Ltd is not liable for any service interruptions, including but not limited to system failures or other interruptions that may affect the receipt, processing, acceptance, completion, or settlement of AI services.

Data Use and Privacy

Data inputted into ChatGPT is used to provide and improve the service. Cleva.Bot Ltd ensures that data used to train the behavior of Cleva.Bot is not utilized as training data by ChatGPT. For more information on how we use, store, and share your data, please refer to our Privacy Policy at https://cleva.bot/privacy/.

Delivery Estimates

Cleva.Bot Ltd makes every effort practical to ensure that delivery timeframes given are accurate. However, the delivery assumes that we have received the necessary details, content and data from you and that delivery times are not adversely affected by unforeseen events. By subscribing to our services you agree not to hold Cleva.Bot Ltd liable for any loss or damage directly or indirectly arising out of or in connection with any delay or failure to deliver within the estimated time frame.

Law

These Terms of Subscription are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.

Disclaimer

The Products make certain information and material available to you as a Service, either through us, our suppliers, and our associated entities or otherwise. You acknowledge that we do not offer any opinion with respect to the nature, potential value or suitability of any particular transaction or strategy. Use of information contained in the Service is at your own risk and we are not responsible for any adverse consequences arising out of such use. The material provided in the Service has not been prepared by taking into account the particular objectives, situation or needs of you or any individual user.

Limitation of Liability and Indemnity

Although reasonable care has been taken to ensure the facts stated in the Service and Products are accurate and the opinions given are fair and reasonable, we do not give any warranty of accuracy, reliability or fitness for any purpose of the information contained in the Products to you or any other person. To the fullest extent permitted by law, we exclude all responsibility and liability in relation to the Service and we shall not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or loss of profits). You will take all necessary action to defend and indemnify us, its officers, employees, contractors and associated entities against all costs, expenses and damages incurred in connection with any claim brought by a third party against us arising from a breach by you of any of these Terms of Subscription or the Privacy Statement. In the unlikely event that you suffer any loss or damage in connection with the use of this Service our aggregate liability to you and that of our employees, agents and contractors (whether in contract or tort, including negligence) on account of all defaults or other breaches arising from the provision of this Service during each subscription period shall be limited to the amount that you have paid to us to use this Service during that period. While care has been used in analysing the information, we give no warranty that the information supplied is free from error. We shall not be liable for any loss suffered through the use, directly or indirectly, of any information, product, or service provided.

Consequential Loss

In no circumstances are we, our employees, agents, contractors and associated entities liable to you for accidental, indirect, special or consequential damages whatsoever (including loss of profits) even if we have been advised of, knew or should have known of, the possibility of such loss or damage. We encourage you to exercise discretion while browsing the Internet using this Service. We are not and cannot be held responsible for the accuracy, copyright compliance, legality or decency of material contained in the Service and Products.

Privacy

You acknowledge you have read, understand and agree to our Privacy Policy located at https://cleva.bot/privacy/

Other

For legal purposes, and without limiting any other provision of these Terms of Subscription, the covenants of the contact contained in these Terms of Subscription are given for the benefit of Cleva.Bot Ltd, Cleva.Bot Ltd and each of its employees, agents, contractors and associated entities and are enforceable at the suit of any such person. If any provision of these Terms of Subscription is held to be unreasonable, invalid or unenforceable for any reason, that will not affect the validity of the other Terms of Subscription which will continue to be of full force and effect. We may change the Service or these terms at any time. If you use the Service after we have posted the changes you will be bound by the new terms.

Contact

If you have any questions, concerns or complaints in relation to the Site, the Service or these Terms of Subscription please contact us via the following details:

Cleva.Bot Ltd. 66 Surrey Crescent, Grey Lynn, Auckland 1022, New Zealand.
TEL: +64 9 533 5066 | EMAIL: info@cleva.bot

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