Terms of Service
These Terms of Service are your agreement with Amicus Brain Innovations, Inc. to use Keiko (hereafter called the “bot,” “application,” and/or “app”) on the Amicus Brain platform (“platform”). Please read them carefully. They apply to your use of the bot, including any updates to the bot, unless the bot publisher provides you with separate terms, in which case those terms apply.
Note : The bot publisher is the entity making the bot available to you and refers to Amicus Brain Innovations, Inc. (“Amicus Brain”).
The bot is not a qualified health insurance agent or financial or health advisor. Remember, it is only friendly, computer-based assistance for many of the questions you may have that you would use for general informational purposes. If you require legal, medical, financial or other professional advice, please be sure to consult directly with such advisors.
All information the bot provides, leads to, or derives, including any ideas, opinions, predictions, forecasts, calculations, suggestions, expressed or implied herein, are for informational or educational purposes only and should not be construed as professional advice regarding your health or health benefits. While the information provided is believed to be accurate, it may include errors or inaccuracies.
The bot publisher takes no responsibility and accepts no liability for any actions you take as a result of anything you read or receive through the bot.
It remains your responsibility to conduct your own appropriate due diligence, including but not limited to consulting a licensed medical, financial, legal advisor or health insurance agent, before making any and all decisions regarding your health, your health benefits, or your finances. Any decisions made on the basis of any information given by the bot, expressed or implied herein, are committed at your own risk, financial or otherwise.
The bot publisher makes no representations or warranties with respect to the accuracy or completeness of the content of this entire application, including any links to other sites. The links provided are maintained by their respective organizations and they are solely responsible for their content. All information presented here is provided ‘as is’, without warranty of any kind, expressed or implied.
Upon accepting these terms, the following applies to you:
1. USE: You may access and use the bot for the sole purpose of interacting with the service provided by the bot publisher on the platform in accordance with the terms of your subscription. The bot publisher reserves all other rights.
- You must be a human. Accounts by “bots” or other automated means are not permitted.
- You must provide your full legal name, a valid email address and any other information requested in order to complete the sign-in/login process.
- You are responsible for maintaining the security of your account and login information.
- You agree that in providing the bot and its services, the bot publisher may and will engage sub-processors to process Personal Data, including without limitation any Personal Data within Service Data under the agreement within the European Economic Area, the United States and in other countries and territories. Any third-party providers used by the bot publisher will only be given access to your Personal Data as is reasonably necessary to provide these services and will be subject to both commercially-reasonable confidentiality obligations and their agreement to comply with data transfer restrictions applicable to the bot publisher. The names of the bot publisher’s current sub-processors used for processing Personal Data are available upon written request.
- You may not by operation of law or otherwise assign all or any part of these terms or your rights under these terms or delegate performance of your duties under these terms without the prior written consent of the bot publisher. The bot publisher may without your consent assign our agreement with you in connection with any merger or change of control of the bot publisher or the sale of all or substantially all of our assets provided that any such successor agrees to fulfill its obligations pursuant to these terms.
3. RESTRICTIONS: You may not:
- Misrepresent or mask the origin of any data, content, or other information you submit, including without limitation “spoofing,” “phishing,” manipulating headers or other identifiers, impersonating anyone, or accessing the services through another person’s account without their permission;
- Work around any technical limitations of the bot;
- Modify, copy, disassemble, decompile, reverse engineer, or otherwise alter the bot (except to the extent this is required by applicable law notwithstanding this limitation), or create derivative works based on the bot;
- Use the bot in any way prohibited by law, regulation, governmental order or decree;
- Use the bot to:
- defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
- engage in activity that is false or misleading or that is harmful to you, others (including children), or the bot (for example, transmitting viruses, communicating hate speech, or advocating violence against others);
- share inappropriate content, advertising, spam, spyware or malware;
- gain (or attempt to gain) unauthorized access to any service, data, account or network by any means.
- Use the bot to Infringe upon the rights of others, or in any way to hinder or interfere with or disrupt the integrity or performance of its services or components;
- Use the bot anywhere other than on and through the platform where the bot publisher has made it available, unless the bot publisher has enabled such uses;
- Connect deep links to the bot (e.g. create links to the bot that bypass the home page or other parts of the Amicus Brain platform);
- Mirror or frame the home page of any other pages of the bot or the platform on any other websites or web page;
- Remove, modify, or tamper with any notice or link that is incorporated into the bot; or
- Transmit any worms, viruses or any code of a destructive nature.
4. TERMINATION: If the bot publisher believes that you are making unauthorized use of the bot or that you are in violation of these terms, it may suspend or terminate your access to the bot publisher’s service with or without notice. This may result in a loss of your data.
5. YOUR CONTENT: You grant to the bot publisher the right to use any content that you submit via the bot as necessary for the bot publisher to provide the service to you. The bot publisher further reserves the right to access your Account for technical and administrative purposes and for security reasons. The information obtained for these purposes/reasons shall not be processed or made available to any third-party, except as is necessary to provide the services or required by law.
6. INTELLECTUAL PROPERTY RIGHTS: All rights, title and interest in and to the bot, its applications and services, all hardware, software and other components of or used to provide the bot and its services, including all related intellectual property rights, shall remain the sole and exclusive property of the bot publisher. You are prohibited from using any of the marks or logos appearing throughout the bot and the platform on which it is presented without the prior, express, written permission of the bot publisher, except as is permitted by applicable law. You may not duplicate, copy or reuse any portion of the bot, any HTML/CSS or visual design elements of the bot with the prior, express, written permission of the bot publisher. No right, title or interest in any bot content is transferred to you, regardless of downloading capabilities of such content or otherwise. You may not use, alter, copy, distribute or transmit content obtained from the bot to derive or create another work.
7. TECHNOLOGY AND EXPORT RESTRICTIONS: The bot may be subject to United States or international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the bot.
8. SUPPORT SERVICES: Contact the bot publisher to determine if any support services are available.
9. CHANGES TO TERMS: The bot publisher reserves the right to amend and update these Terms of Service at any time without notice. Your continued use of the bot after any such changes shall constitute your consent to such amendments and updates. Please be sure to check this page from time to time to take notice of any changes, as they are binding on you.
11. APPLICABLE LAW:
- United States and Canada: If you access the bot in the United States or Canada, the laws of the state or province where you live (or, if a business, where your principal place of business is located) govern the interpretation of these terms, claims for breach of them, and all other claims (including consumer protection, unfair competition, and tort claims), regardless of conflict of law principles.
- Outside the United States and Canada: If you acquired the bot in any other country, the laws of that country apply.
12. LEGAL EFFECT: These Terms of Service describe certain legal rights. You may have other rights under the laws of your state or country. These Terms of Service do not change your rights under the laws of your state or country if the laws of your state or country do not permit it to do so. If any term or provision of these Terms of Service are deemed invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms of Service, nor invalidate or render unenforceable such term or provision in any other jurisdiction.
13. DISCLAIMER OF WARRANTY:
- THE BOT PUBLISHER AMICUS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE BOT, ITS SERVICES OFFERED ON THE PLATFORM, OR THE INFORMATIONAL CONTENT PROVIDED BY THE BOT. THE BOT PUBLISHER EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT WITH RESPECT TO THE BOT TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- THE BOT PUBLISHER DOES NOT WARRANT THAT THE FUNCTIONS OF THE BOT WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OBTAINED BY YOU FROM OR THROUGH THE BOT SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
- THE BOT PUBLISHER DOES NOT WARRANT ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE BOT, ITS SERVICE AND CONTENT ARE PROVIDED “AS IS” “WITH ALL FAULTS” AND “AS AVAILABLE”.
- YOU BEAR THE RISK AS TO THE BOT’S QUALITY AND PERFORMANCE.
14. LIMITATION ON LIABILITY AND EXCLUSION OF REMEDIES AND DAMAGES. TO THE EXTENT ALLOWED BY LAW, IF YOU HAVE ANY BASIS FOR RECOVERING DAMAGES ARISING FROM YOUR USE OF THE BOT, YOU CAN RECOVER FROM THE BOT PUBLISHER ONLY DIRECT DAMAGES UP TO THE AMOUNT YOU PAID TO THE BOT PUBLISHER FOR THE USE OF THE BOT UNDER THESE TERMS OF SERVICE IN THE SUCCESSIVE TWELVE (12) MONTH PERIOD PRIOR TO YOUR CLAIM, OR USD$100.00, WHICHEVER IS GREATER. YOU WILL NOT, AND WAIVE ANY RIGHT TO, SEEK TO RECOVER OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, LOST PROFITS, OR EXEMPLARY DAMAGES FROM THE BOT PUBLISHER. IF APPLICABLE LAW IMPOSES A WARRANTY, GUARANTEE, OR CONDITION EVEN THOUGH THESE TERMS DO NOT, ITS DURATION IS LIMITED TO 90 DAYS FROM WHEN YOU FIRST BEGAN USING THE BOT.
- This limitation applies to:
- ANYTHING RELATED TO THE BOT OR SERVICES MADE AVAILABLE THROUGH THE BOT; AND
- CLAIMS FOR BREACH OF CONTRACT, WARRANTY, GUARANTEE, OR CONDITION; STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT; VIOLATION OF A STATUTE, REGULATION OR OTHER APPLICABLE LAW; UNJUST ENRICHMENT; OR UNDER ANY OTHER THEORY; ALL TO THE EXTENT PERMITTED BY APPLICABLE LAW.
- THIS LIMITATION APPLIES EVEN IF:
- THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES; OR
- THE BOT PUBLISHER KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES
15. INDEMNIFICATION: You understand and agree that you are personally responsible for your behavior on the bot and the platform. You agree to indemnify, defend and hold harmless Amicus Brain, its employees, agents and any third-party information providers from and against all claims, losses, expenses, damages and costs (including but not limited to direct, indirect, incidental, consequential, special, lost profits, or exemplary damages), and reasonable attorneys’ fees resulting from or arising out of your use, misuse or inability to use the bot, the services offer on the bot or platform, the content provided by the bot or platform, or any violation by you of these Terms of Service.