Our website provides you with access to a variety of resources on our Conversational AI Platform, Yellow Messenger, including documentation and other product information (collectively the “Documentation”), download areas, and other services (collectively "Web Services"), software, including developer tools and sample code (collectively “Software”), and Application Program Interface information (“APIs”). The Documentation, Web Services, Software, and APIs (including any updates, enhancements, new features, and/or the addition of any new Web properties to the website) as detailed on this website, are subject to the Terms unless we have provided those items to you under more specific terms, in which case, those more specific terms will apply to the relevant item.
Software Available On The Website
All Software is the copyrighted work of Bitonic and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement that you have executed, or that accompanies or is included with the Software ("License Agreement"). Unless you have a valid License Agreement with Bitonic that entitles you to do so, you may not resell, sublicense, or redistribute any Software made available to you on this website.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY A VALID LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
FOR YOUR CONVENIENCE, WE MAY MAKE AVAILABLE ON THIS WEBSITE, TOOLS AND UTILITIES FOR USE AND/OR DOWNLOAD. WE DO NOT MAKE ANY ASSURANCES WITH REGARD TO THE ACCURACY OF THE RESULTS OR OUTPUT THAT DERIVES FROM SUCH USE OF ANY SUCH TOOLS AND UTILITIES. PLEASE RESPECT THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS WHEN USING THE TOOLS AND UTILITIES MADE AVAILABLE ON THIS WEBSITE.
"Bitonic Trademarks" means all names, marks, brands, logos, designs, trade dress, slogans and other designations Bitonic uses in connection with its products and services. You may not remove or alter any Bitonic Trademarks, or co-brand your own products or material with Bitonic Trademarks, without the prior written consent of Bitonic. You acknowledge Bitonic’s rights in Bitonic Trademarks and agree that any use of Bitonic Trademarks by you shall insure to Bitonic’s sole benefit. You agree not to incorporate any Bitonic Trademarks into your trademarks, service marks, company names, Internet addresses, domain names, or any other similar designations, for use on or in connection with computer or Internet-related products, services or technologies.
Documentation Available on the Website
All Documentation is the copyrighted work of Bitonic and/or its suppliers. Use of the Documentation is governed by the terms of the License Agreement, of the terms that accompany or are included with the Documentation ("Documentation License Agreement"). If Documentation is made available to you on this Website without a Documentation License Agreement, then you may annotate, translate, and make a reasonable number of copies of the Documentation for your internal use in designing, developing, and testing your software, products and services, and you may distribute a reasonable amount of portions of the Documentation as necessary to document your software, products, and services. You may not publish any such annotations or translations. You must preserve the copyright notice in all copies of the Documentation and ensure that both the copyright notice and this permission notice appear in those copies.
The Documentation does not include the design or layout of the yellowmessenger.com website. Elements of this are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from this website may be copied or retransmitted unless expressly permitted by Bitonic.
THE DOCUMENTATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION IN THIS WEBSITE. BITONIC AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE PRODUCT(S) AND/OR THE PROGRAM(S) DESCRIBED IN THIS WEBSITE AT ANY TIME.
Notices regarding Software, Documentation, APIs, Content and Web Services Available on Websites.
EXCEPT AS PROVIDED IN A SEPARATE AGREEMENT BETWEEN YOU AND BITONIC, BITONIC DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE SOFTWARE, DOCUMENTATION, APIS, WEB SERVICES, CONTENT AND INFORMATION AVAILABLE ON THE WEBSITE, ALL OF WHICH ARE PROVIDED “AS-IS”. BITONIC DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS OR TIMELINESS OF WEBSITE CONTENT. THE USE OF THE WEBSITE AND CONTENT IS AT THE USER'S OWN RISK.
IN NO EVENT SHALL BITONIC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM, BUT NOT LIMITED TO, LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF, OR IN CONNECTION WITH, THE USE OR PERFORMANCE OF THE WEBSITES, SOFTWARE, DOCUMENTATION, APIS, WEB SERVICES, OR INFORMATION AVAILABLE FROM ANY OF THE WEBSITES.
Reservation of Rights
Bitonic reserves all rights not expressly granted under these Terms, and no other rights are granted under these Terms by implication or estoppel or otherwise.
Member Account, Password, and Security
If any of the Web Services requires you to create an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password and a user name. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Bitonic immediately of any unauthorized use of your account or any other breach of security. Bitonic will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Bitonic or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Use of Web Services
The websites may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others ("Communication Service(s)"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using the Communication Services, you will not -
- Use Communication Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of other users.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the website and Communication Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Services specifically allows such messages.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest, mine or otherwise collect information about others, including e-mail addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Web Services or other user or usage information or any portion thereof.
Bitonic has no obligation to monitor the Communication Services. However, Bitonic reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Bitonic reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Bitonic reserves the right at all times to disclose any information Bitonic deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at Bitonic's sole discretion.
Always use caution when providing any personally identifiable information in any Communication Service. Bitonic does not control or endorse the content, messages or information found in any Communication Service and therefore, Bitonic specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Bitonic spokespersons, and their views do not necessarily reflect those of Bitonic. Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; you are responsible for adhering to such limitations if you download the materials.
No Unlawful or Prohibited Use
As a condition of your use of the websites, you will not use the information, Documentation, Software, products, APIs, and Web Services obtained from the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the information, Documentation, Software, products, APIs, and Web Services in any manner that could damage, disable, overburden, or impair any Bitonic server, or the network(s) connected to any Bitonic server, or interfere with any other party's use and enjoyment of any information, Documentation, Software, products, APIs, and Web Services available from the website. You may not attempt to gain unauthorized access to any information, Documentation, Software, products, APIs, and Web Services obtained from the website, other accounts, computer systems or networks connected to any Bitonic server or to any of the Websites, information, Documentation, Software, products, APIs, and Web Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the websites.
Violations of these Terms entitle Bitonic to terminate your access to the services on this website and/or to pursue any and all legal and equitable remedies against the responsible User.
Indemnity and Release
You shall indemnify and release Bitonic and its subsidiaries, affiliated companies, officers and employees and hold them harmless from any and all claims and expenses, including legal fees arising from your use of the Services.
Advertisements and Promotions
Bitonic may run advertisements and promotions from third parties on the Website. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Bitonic found on or through the website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Bitonic is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Bitonic advertisers on the website.
Materials provided or posted on this website
By posting, uploading, inputting, providing or submitting any information or feedback (“Submission”) you are granting Bitonic, its affiliated companies, and sublicensees (including third parties whose products, technologies and services use and interface with any specific parts of a Bitonic software or service that includes the Submission), without charge, the right to use, share and commercialize your Submission in any way and for any purpose. You will not give any Submission that is subject to a license that requires Bitonic to license its software or documentation to third parties because we include your Submission in them. By posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms including, without limitation, all the rights necessary for you to post the Submission. Submissions reflect the opinion of the author and not the opinion of Bitonic.
Links to third party sites
This website may contain links to websites owned and operated by third parties. These links are provided for informational purposes only. The linked sites are not under the control of Bitonic and Bitonic is not responsible for the contents of any linked sites. The inclusion of any link does not imply Bionics’ endorsement of the site.
You and your organization acknowledge that the information, Documentation, Software, products, APIs, and Web Services obtained from the website are subject to export controls and economic sanctions laws and regulations, including, but not limited to, the U.S. Export Administration Regulations (“EAR”) and regulations promulgated by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). By downloading or accessing the information, Documentation, Software, products, APIs, or Web Services, you certify that you and your organization: are not a U.S. denied or sanctioned person or located in or acting for or on behalf of a country or government subject to U.S. embargo or sanctions; will not use the information, Documentation, Software, products, APIs, or Web Services in connection with an end-use prohibited by U.S. law; and are eligible to receive such information, Documentation, Software, products, APIs, and Web Services under U.S. export controls and economic sanctions laws and regulations. You further agree that you and your organization will not export, reexport, transfer, retransfer, sell, supply, or allow access to or use of the information, Documentation, Software, products, APIs, and Web Services (including to, in, by, or for a denied, sanctioned, embargoed, or prohibited country, person, or end use under U.S. law) without a license or other authorization from the U.S. Government, and assume sole responsibility for obtaining any necessary license or other authorization. Diversion contrary to U.S. law is prohibited.
If any provision of the Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision). As so reformed or modified, the court shall fully enforce the Terms.
Governing Law and Jurisdiction
All matters relating to your access to, or use of this website are governed by the laws of the Commonwealth of Delaware, USA. Any legal action or proceeding relating to your access to or use of this website shall be instituted in a state or federal court in Delaware. You agree to submit to the jurisdiction of, and agree that the venue is proper in these courts.
Corrections and Changes
While we endeavour to keep this website up to date, Bitonic. cannot assume responsibility for any errors or omissions in these materials made available on this website. Bitonic further does not warrant the accuracy or completeness of the information, text, graphics, links or other items contained within these materials. Bitonic may make changes to the materials, or to the products or services described herein, at any time without notice, and makes no commitment to update the information contained herein. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, Documentation, Software, products, APIs, or Web Services obtained from this website except as permitted by the Terms. Your use of the Websites after such posting shall be deemed to constitute acceptance by you of such modifications, additions or deletions.
Corrections and Changes