End User License Agreement (EULA)

  1. INTRODUCTION

    Welcome to fusemachines.com (FM)

    FM starts every new subscriber relationship with a contract (the Agreement). The following Agreement spells out what you can expect from us, and what FM expect from you when using the Service and the FM Website.

    FM may modify this Agreement from time to time and such modification shall be effective upon posting by FM on the FM Website. You (the Customer) agree to be bound by any changes to this Agreement when you use the Service and FM Website after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are aware of any changes.

  2. ACCESS AND SERVICES

    Your access to the service available on the FM Website depends on the level of service you select. You may change or discontinue your account at any time. FM reserves the right to modify, suspend or terminate access to the service at any time and for any reason without notice or refund, including the right to require you to change your login identification code or password. FM also reserves the right to delete all your Content (your text, files, works of authorship, or any other of your materials) associated with your account and any other information you have on our system.

  3. TERM

    This Agreement shall remain in full force and effect while you use the service or the FM Website. You may terminate your account at any time and for any reason. FM may terminate your account at any time, without warning. Even after your account is terminated, this Agreement will remain in full effect.

  4. LICENCE CONDITIONS

    Subject to the terms of this Agreement, FM grants the Customer a non-exclusive, non-transferable license to use the service and the FM Background IP.

    The Customer must not copy, alter, modify or reproduce the service except to the extent expressly authorized by this Agreement.

    The Customer acknowledges that there is no transfer of title or ownership to the Customer of the Service or the FM Background IP under this Agreement.

    All Intellectual Property Rights in the Customer Content vests, on creation, in the Customer.

  5. LICENSE FEES AND PAYMENT

    It is free to open a Fusemachines Professional account and start using it. You are free to use the account for 14 days only, at which point you will need to purchase either our SAAS model or pay a license fee for white label solution to keep using the service.

    FM will charge you a fee to purchase the service or other fees depending on the type of service you have selected.

    You should review the complete and current price list before registering an account for use of the Service. You can cancel your account at any time, but you will not be entitled to a refund on outstanding chat credits or any other payments which may have been made. FM reserves the right to change our fees at any time and for any reason, but, whenever possible, FM will give you at least one month's advance notice of such change.

  6. SYSTEM RULES

    You agree to be bound by certain rules that are important for the proper use of the Service. Your failure to follow these rules, whether listed below in this Agreement or made available on the FM Website or communicated by any other means, may result in termination of your Service account. In addition FM reserves the right to delete any Content that in the sole judgment of FM violates these rules or the terms of this Agreement.

    • When you register for a Service account, you will be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Customer at any time or to disclose your password to any third party. You agree to notify FM immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. You must not tell others your username or password or let your Service account be used by anyone except yourself.

    • You must not use the Service to commit a crime, or to plan, encourage or help others commit a crime, or to undertake any illegal activity whatsoever.

    • FM RESERVES THE RIGHT TO INVESTIGATE, TAKE LEGAL OR ANY OTHER ACTION IT DEEMS APPROPRIATE, OR TERMINATE YOUR ACCOUNT IF IN ITS SOLE OPINION AND AT ITS SOLE DISCRETION IT BELIEVES YOU HAVE MISUSED THE SERVICE, OR HAVE BEHAVED IN ANY WAY WHICH FM REGARD AS INAPPROPRIATE, UNLAWFUL OR ILLEGAL.

  7. PRIVACY CONSIDERATIONS

    FM may need to review or monitor your Content, therefore you should not expect to have a right to privacy in any of your Content. FM reserve the right to copy and distribute to third parties any information associated with your activities from use of the Service or the FM Website.

  8. TRADEMARKS AND COPYRIGHT
    • “Fusemachines” is a trademark owned by Fusemachines Inc., registered in United States Patent and Trademark Office and is therefore subject to national as well as international protection.

    • The FM service provider states that it has rights to intangible assets in the form of a graphic project of offered services and software, website layout, computer software as well as to all company signs, symbols and trademarks used within its scope of business activity.

    • All services and products offered by FM, which constitute specific works, are its exclusive property and are covered by an act on copyright and neighboring rights

    • Website addresses as well as their contents and layouts are protected by the aforesaid acts.

    • Prior written consent of FM is required for any not permitted personal and non-personal use of offered services and products. Such consent is required in particular when disseminating and publicizing particular elements (e.g. photos, films, texts) in other Internet services, printed publications, books, multimedia presentations and in other electronic media as well as for the disposal or use of its work (adaptations, alterations, modifications)

    • Unauthorized lending, sale, granting of further licenses and sublicenses to the offered products and services by the user without express consent of FM is prohibited. Such acts are not deemed to be the proper use of services.

    • The user must not modify or change the purpose and use of offered services and products. Misleading others as to the existence of cooperation, association, relationship or acting on behalf of FM is prohibited.

  9. LIMITATION OF LIABILITY
    • FM guarantees the highest quality of its operations to ensure accessibility and continuity of offered services and products in accordance with their use and purpose. No long distance data transmission, however, guarantees 100% security, continuity and accessibility of the provided services.

      FM does not guarantee compatibility of offered services and products with other producers’ software. The user shall bear responsibility for the choice and consequences following from the use of other software including its applicability to user’s objectives.

    • FM stipulates that opinions given by users do not reflect in any possible manner its views and opinions. FM does not monitor or control users’ opinions on a continual basis; if, however, any opinions in breach with these terms and conditions should be revealed efforts shall be immediately made to remove them as soon as possible.

    • FM shall bear no liability in particular for:

      • All negative consequences being the result of force majeure,

      • Phrases and entries added to the network in connection with the use of offered services and products,

      • Unlawful and inconsistent with these terms and conditions users’ operations while using offered services and products,

      • Disturbances in accessibility of offered products and services not caused by FM,

      • Damage suffered by the user arisen due to the suspension or closing the account by the user or for other reasons arising from the user’s fault,

      • Damage suffered by the user as a result of a third party using his data that enable him to access the provided services and products,

      • Damage following from the use or the impossibility to use offered products and services including damage actually suffered, the loss of expected benefits, data loss, damage or computer crash, the costs of substitute equipment and software, shut-down, company reputation infringement,

      • Consequences of failure to perform or improper performance of obligations undertaken by other users even though such an obligation has been undertaken using offered products and services.

  10. DISCLAIMERS

    THE SERVICE AND FM WEBSITE ARE PROVIDED "AS IS" AND FM MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE OR THE FM WEBSITE.

    FM do not represent or endorse the accuracy, legitimacy, legality or reliability of any Content, FM Content including FM Background IP, advice, opinion, statement or other information displayed, uploaded or distributed through the Service by us, our partners or any registered account holder or any other person or entity. You acknowledge that any reliance upon such Content, opinion, account profile, FM Content, advice, statement or information is at your own risk. FM is not responsible for the conduct, whether online or offline of users of the Service. Please use caution and common sense when using the FM Website and the Service.

  11. FINAL PROVISIONS

    All disputes arising in connection with these terms and conditions shall be primarily resolved amicably. All disputes that cannot be amicably resolved shall be submitted for resolution by Common Court of Law at the location of FM registered office. The provisions of Civil Code, the act on copyright and neighboring rights, an act on electronic services providing and other provisions of effective law shall be applicable in issues not governed by these terms and conditions.

  12. DEFINITIONS

    Content means Customer content consisting of question and answer pairs, text, files, works of authorship, or any other materials that are unique to the Customer and chat paths unique to the Customer and that do not contain any FM Background IP.
    Intellectual Property Rights means all present and future intellectual and industrial property rights throughout the world, including all rights in respect of:

    • Inventions, discoveries and novel designs (whether or not registered or registrable as patents or designs) including developments or improvements of equipment, products, technology, processes, methods or techniques;

    • Copyright (including future copyright) throughout the world in all literary works, artistic works, computer software and any other works or subject matter in which copyright subsists and may in the future subsist;

    • Obligations to have confidential information and trade secrets kept confidential and secret;

    • Trade and service marks (whether registered or unregistered), business names, trade names, domain names, logos and get -up

    • License Fee means the fees payable by the Customer to FM as specified in the Agreement

    • FM Background IP means generic systems, processes, content, templates and user interfaces FM has developed or develops for the Customer business sector or similar sectors. This FM Background IP refers to generic systems, processes, content, templates and user interfaces FM has developed or develops which could be applicable across the business sector or similar sectors in which the Customer operates. This FM Background IP includes any software, databases and their contents, files, designs, audio-visual material, training materials, documents, or other information, in hard-copy or electronic form whether delivered online or in portable media formats; and any information or concepts communicated orally, in writing or in audio visual format relating to Fusemachines design, build, content, processes and/or integration. FM owns and retains ownership of all FM Background IP

    • Party means either FM or the Customer as the context dictates

    • Publish means to create, display, post or publish any Content using the Service

  13. ACKNOWLEDGMENT

    This Agreement represents the entire understanding between you and FM regarding your use of the Service and the FM Website and supersedes any prior statements or representations.

    If you do not agree to the terms of this online Subscriber Agreement, you should leave the FM Website and discontinue use of the Service immediately.