TERMS AND CONDITIONS
These Terms and Conditions (the “Terms and Conditions”) govern the access to and use of the services of Anima and/or all the solutions offered – depending on the service area – by (i) PREVI SRL, a limited liability company legally incorporated under the laws of Argentina, CUIT No. 30714630942, with its registered office at San Martín 1117, Rosario, Santa Fe, Argentina, contact email noreply@anima.bot
, owner of Anima (“Anima”); licensee of the distribution rights of Anima’s services (jointly, “Previ” or “Anima”, interchangeably), as well as the use and access to its website https://www.anima.bot/
, digital platform (the “Platform”), and all services and applications (the “Services”). These Terms and Conditions apply to all visitors, users, and individuals who access, contract, or use the Services. The use of the Services will, at minimum, include these Terms and Conditions.
READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PLATFORM AND USING AND/OR ACCEPTING THE SERVICES. ANY INDIVIDUAL OR LEGAL ENTITY THAT DOES NOT ACCEPT THESE TERMS AND CONDITIONS, AS WELL AS THE PRIVACY POLICIES, WHICH ARE MANDATORY AND BINDING, MUST REFRAIN FROM ACCESSING AND USING THE PLATFORM AND SHALL NOT BE ABLE TO CONTRACT THE SERVICES.
These Terms and Conditions constitute a legal agreement between you and Anima, which govern the main terms and conditions of access and use of the Platform as well as the contracting of the Services. If you do not accept these Terms and Conditions, you may not access the Platform or contract the Services. These Terms and Conditions, together with their updates, modifications, additional terms, and related policies constitute the legal agreement between Anima and you. These Terms and Conditions expressly supersede any previous agreements or commitments made between the parties. Anima may at any time terminate these Terms and Conditions, and reserves the right to cease offering or unilaterally deny access to the Platform and/or provision of the Services, either totally or partially, without cause, without this giving rise to any claim and/or compensation in your favor.
Anima reserves the right to unilaterally modify these Terms and Conditions and/or the Privacy Policies without prior approval.
FIRST: ACCOUNT REGISTRATION
1.1 In order to use the Services, you must have an Anima account or create a new account (the “Account”). You may access the Platform and/or use the Services only to the extent that you strictly comply with these Terms and Conditions and applicable law.
1.2 By accessing and/or using any of the Services and/or the Platform, you agree to be bound by these Terms and Conditions. If you access the Platform or use the Services on behalf of an organization, entity, or legal person of any kind (the “Organization”), you agree and acknowledge that the Organization, through you, agrees to these Terms and Conditions, and that you have the authority to represent and bind the Organization. You further agree and acknowledge that the Services may change from time to time as they evolve, or as functions are removed or added or modifications are made to the Platform, which may occur without prior notice.
1.3 The use and access to the Platform, website, app, and/or any other software that may be developed in the future by Anima, as well as the contracting of the Services, is strictly prohibited for any minor in accordance with applicable law.
1.4 You shall be solely responsible for all activity that occurs under your Anima account (including, without limitation, data of third parties).
1.5 You may create an Anima account through any registration method provided by Anima from time to time at its sole discretion. You are responsible for creating a personal security password for accessing your Account, as well as securely maintaining your access key to your Anima Account, and must immediately notify Anima of any unauthorized use of your Anima Account or any other violation in your Account. By these Terms and Conditions, you agree not to disclose your password to third parties. If Anima detects or reasonably considers that different Accounts contain coinciding or related data, it may cancel, suspend, or disable all related Accounts without this giving rise to any claim by you and/or the holders of the other Accounts. You will be solely responsible for the safeguarding of your Account and for keeping your access keys protected. Anima will not be liable for loss or damage caused by your failure to comply with these requirements.
1.6 Each Account is unique and non-transferable; therefore, you may not use Anima accounts of other users and/or Anima clients without the necessary authorization, which must at least include the prior written authorization of such user and of Anima.
1.7 You accept and acknowledge that Anima will not be responsible for any loss or damage suffered by you or third parties arising from any breach of these Terms and Conditions.
1.8 If you request registration of an Anima account, you will be required to provide certain information (including, but not limited to, contact details, service description, approximate number of clients, etc.) as part of the registration process for access to the Anima Platform or to continue using and contracting the Services, which must be accurate. You guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of such data. The data you provide will be integrated into a personal database for which Anima is responsible. Anima may request reports from various public or private databases regarding information and/or data related to you. For more information, please consult Anima’s Privacy Policy.
1.9 At its sole discretion, Anima may deny your registration and/or cancel it at any time and on its own authority, without this giving rise to any right to claim and/or compensation by you.
1.10 The Services will be provided based on a monthly or annual subscription and shall be paid as set forth in Clause Fourth.
SECOND: USE OF THE SERVICES
2.1 Through the Platform and by contracting the Services, you may interact with third parties or your clients automatically, responding to queries made by such parties or even making queries you deem necessary related to the provision of your services, all according to the corresponding specification you provide us.
2.2 The conversation between you and your clients and/or potential clients may have unlimited interactions or those you request, and shall be deemed terminated in the following cases: (a) inactivity by the user for a period of five (5) minutes, (b) referral of the conversation to another channel (external form, telephone operator, etc.), (c) active conversation closure option in the chat window; it may also end when the configured dialogue flow reaches its end.
2.3 It is an essential condition that the Services be used in relation to your business. For this reason, you are not authorized to use the Services for different purposes, and Anima may partially or totally suspend your account, as well as immediately cancel the provision of the Services without this entitling you to any claim.
THIRD: USE OF THE PLATFORM
3.1 Anima shall have the authority to deny or restrict access or subsequent use of the Platform to any natural or legal person at its sole discretion, without giving rise to any claim for damages by such persons. Anima shall not be responsible if you do not have devices compatible with the use of the Platform and/or necessary for contracting the Services. You agree to make appropriate and lawful use of the Platform in accordance with applicable law, these Terms and Conditions, morality, generally accepted good customs, and public order. Notwithstanding the foregoing, by accessing and using the Platform and during the contracting of the Services, you agree and undertake to:
(i) Contract the Service for your personal use, accepting that you are not authorized nor have the necessary authority to assign, in any form, your account to a third party.
(ii) Not authorize third parties to use your Account, being fully responsible for the acts that any other individual or legal entity may perform on your behalf with or without your consent.
(iii) Not assign or otherwise transfer your account to any other person or legal entity.
(iv) Not use an account subject to any rights of a person other than yourself without proper authorization in accordance with these Terms and Conditions.
(v) Not attempt to damage the Service or the Platform in any way, nor access restricted resources on the Platform.
(vi) Securely and confidentially safeguard your Account password and any identification provided to enable you to access and use the Platform as well as the contracting of the Services.
(vii) Not attempt to access, use, and/or manipulate the data of Anima, its clients, affiliates, users, or third parties.
(viii) Not introduce or disseminate computer viruses or any other physical or logical systems that are capable of causing damage to the Platform and/or Anima’s devices, third parties, clients, users, and/or partners.
(ix) Comply with all applicable laws for the contracting of the Services and interaction with your clients and/or potential clients, including, without limitation, personal data protection depending on the jurisdiction where you intend to use the Services.
(x) Not sell, dispose of in any way, lend, deliver, license or sublicense, transfer, or make use of, in whole or in part, temporary or permanent, free of charge or for consideration, any of the Services to third parties, except with Anima’s prior written authorization.
(xi) Not use the Services for illegal purposes, in violation of any applicable law, or for the promotion of illegal activities.
(xii) Not impersonate other people through the Services or otherwise misrepresent your association with any person or entity in a manner intended to confuse or deceive others.
(xiii) Not post or upload private or personally identifiable information of third parties, such as credit card numbers, addresses, or identification document numbers, without express authorization and permission.
(xiv) Not send unsolicited communications, promotions, advertisements, or spam.
(xv) Not access, manipulate, or use non-public areas of the Services, Anima’s computer systems, or Anima’s suppliers’ technical support systems.
(xvi) Not analyze, scan, or test the vulnerability of any system or network or breach or circumvent security or authentication measures.
(xvii) Not access or search the Services by any means other than Anima’s public interfaces.
(xviii) Not forge any TCP/IP headers or email/posting information, or otherwise use the Services to send altered, misleading, or false information.
(xix) Not interfere with or disrupt any user, host, or network access, including, without limitation, sending viruses, spamming, mail-bombing the Services, or encrypting Client Intellectual Property in such a way that interferes with or creates an excessive load on the Services.
International users agree to comply with all local and international laws regarding acceptable conduct and use.
Previ may investigate and/or suspend your account if you violate any of the above rules. Additionally, Anima reserves the right to immediately terminate your account without prior notice if, in its sole and absolute discretion, you violate these Terms and Conditions or abuse the use of its Services. You agree not to use the Services in a manner contrary to good faith, public policies, and current legislation.
FOURTH: PAYMENT FOR SERVICES
4.1 The applicable Service fees shall be those unilaterally determined by Anima. You accept that Anima shall set such fees. The fees for contracting the Services shall be charged by Anima, and you must make payment prior to the start of the provision of Services corresponding to the next monthly or annual cycle (which may not be calendar-based), as applicable, by credit card, bank transfer to an account indicated by Anima, or any other form of payment agreed upon between the Parties, with Anima issuing the corresponding invoice. If you fail to comply with this obligation, Anima has the right to deny the provision of the Services without this entitling you to compensation or claim of any kind.
4.2 Recurrence. You agree that, once the Services have been contracted and the subscription period has begun, the term thereof shall be automatically renewed from the first day after the expiration of the monthly or annual subscription, as applicable, unless you cancel the subscription beforehand. In the event of automatic renewal, the corresponding subscription charges will be applied immediately, in advance.
4.3 You expressly acknowledge and agree that cancellations of subscriptions for any of the Services provided will not be automatically canceled due to inactivity, lack of use, non-payment, and/or for any other reason. Cancellations shall be the sole responsibility of the user, who shall have the ability to self-manage them at any time. Therefore, claims related to charges applied for subscriptions not canceled by the user shall not be valid.
4.4 Add-Ons. In the event of exceeding the limits of the Services provided under the subscription, such excess costs shall be automatically applied (i) to the immediately subsequent invoice, in the case of monthly subscriptions; and (ii) at the same time the charge is incurred, in the case of annual subscriptions.
4.5 You agree that coupons are not cumulative nor redeemable multiple times for the same subscribed account.
FIFTH: LICENSE
5.1 Subject to these Terms and Conditions and provided that you have registered an Anima account and are up to date with Service payments in accordance with Clause Fourth above, Anima grants you a license to use the Services, which shall be non-exclusive and limited to the term of the contracted Services, and you may not sublicense it to third parties. Anima reserves all rights not expressly granted in these Terms and Conditions, and may terminate this license at any time without cause, without this entitling you to compensation and/or claim of any kind. This license does not imply any transfer of ownership to you of Anima’s rights.
SIXTH: INTELLECTUAL PROPERTY
6.1 All rights, titles, and interests in the Services (excluding the Client Intellectual Property as defined below) are and will remain the exclusive property of Anima and its licensors. The Services are protected by copyright, trademark, and other applicable laws, both in Argentina and abroad. The contracting of the Services and the license granted under these Terms and Conditions does not, under any circumstances, grant you the right to use the name Anima and/or any of its trademarks, logos, domain names, or other distinctive brand features. Any comments, opinions, suggestions, or feedback you may provide regarding the Services are for informational purposes only, and Anima may unilaterally disregard or use such recommendations, as well as use or not use such feedback, as it deems appropriate, without creating any obligation to you. Notwithstanding the foregoing, Anima may include within the Anima chat window, or alternatively, below the chat window, the Anima logo, including a link to Anima’s website.
6.2 The software used to provide the Services as a whole, as well as each of its components, updates, source code, new versions, processes, images, animations, modules, videos, audio, text, and algorithms or subprograms incorporated therein, as well as printed or electronic or digital materials accompanying them, and all copies thereof, form part of Anima’s intellectual property, which retains all rights. Their use is permitted to you within the limits stipulated in these Terms and Conditions. Such rights are protected by national and international laws and regulations, as well as international treaties on copyright and intellectual property rights. You agree not to remove or delete copyright notices, trademarks, trade names, or any notices found in the related documentation.
6.3 You acknowledge and agree that Anima may include you or your Organization within Anima’s public client list, for which it may identify you by using your trademarks, logos, and/or trade name.
SEVENTH: CLIENT INTELLECTUAL PROPERTY
7.1 Among other uses, the Services allow you to create, publish, or upload information, texts, graphics, or other materials (“Client Intellectual Property”) and share it with third parties. You will retain ownership of the Client Intellectual Property and acknowledge that Anima has no responsibility if users or third parties copy, modify, retransmit, or distribute the Client Intellectual Property. You understand and accept that publishing Client Intellectual Property in the Services is not a substitute for registration with the competent copyright authority or any other copyright entity. Accordingly, you must carefully analyze with your own advisors what you choose to share through the Services.
7.2 You agree not to create, upload, or publish Client Intellectual Property that:
(a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, any other person, or any animal;
(b) may create a risk of loss or damage to any person or property;
(c) is intended to harm or exploit minors by exposing them to inappropriate Client Intellectual Property, soliciting personal or other information;
(d) may constitute or contribute to a crime or tort of any kind;
(e) contains information or Client Intellectual Property considered illegal, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy, harassing or humiliating to others, slanderous, threatening, or profane;
(f) contains information or Client Intellectual Property that is illegal (including but not limited to the disclosure of confidential information by law or by virtue of third-party business information);
(g) contains information or Client Intellectual Property that you are not entitled to distribute; or
(h) contains information or Client Intellectual Property that you know is incorrect or outdated.
You agree that any Client Intellectual Property you publish may not violate the rights of third parties, including, without limitation, intellectual property or privacy rights.
7.3 Anima reserves the right, but is under no obligation, to reject and/or delete any Client Intellectual Property it deems, in its sole discretion, to violate these provisions, without this entitling you to any claim.
7.4 You will retain ownership of Client Intellectual Property, but authorize Anima to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, display, and distribute such Client Intellectual Property in connection with the provision of the Services, granting Anima a free, non-exclusive, perpetual license over the Client Intellectual Property.
7.5 You agree that Anima may use Client Intellectual Property, including questions and answers, interactions, and any content you own, to improve its processes and artificial intelligence algorithms. You agree that Anima may modify or adapt Client Intellectual Property in order to transmit, display, or distribute it through social networks and/or different communication media. You also authorize Anima to make changes to Client Intellectual Property when necessary, at Anima’s discretion, to adapt it to any requirement or limitation of any network, device, service, or communication medium, without this entitling you to any claim.
7.6 Anima reserves the right, but is under no obligation, to delete or reject the distribution of any Client Intellectual Property in the Services. It also reserves the right to access, read, preserve, and disclose any information if it reasonably believes it is necessary to (i) comply with any law, regulation, legal process, or applicable governmental request, (ii) enforce these Terms and Conditions, including the investigation of possible violations thereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect the rights, property, or safety of Anima, its users, and the public in general.
EIGHTH: USE OF CLIENT INTELLECTUAL PROPERTY
8.1 Client Intellectual Property included or to be included in the Services, whether public or privately transmitted by users, is the sole responsibility of the person who originated such Client Intellectual Property. Anima does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Client Intellectual Property created, uploaded, or published through the Services, nor does it endorse any opinions expressed through the Services. Anima has no ability to monitor and/or control Client Intellectual Property created, uploaded, or published through the Services, and therefore cannot assume responsibility in relation to such Client Intellectual Property. If you use or rely on any Client Intellectual Property or materials created, uploaded, or published through the Services, it will be at your sole responsibility, and you must hold Anima harmless at all times. Under no circumstances will Anima be responsible for Client Intellectual Property, loss, or damage of any kind incurred as a result of using any Client Intellectual Property in the Service.
8.2 You agree that you are solely responsible for your use of the Services, as well as for any Client Intellectual Property you provide, and for the consequences thereof, including the use of Client Intellectual Property by other users and third parties. You understand that if you do not have the right to upload Client Intellectual Property to the Services, doing so may subject you to legal liability. Anima shall not be responsible for your use of Client Intellectual Property under these Terms and Conditions. You represent and warrant that you have all necessary rights, powers, and authority to grant the rights granted herein over any Client Intellectual Property you submit.
NINTH: USE AND WARRANTY OF THE PLATFORM
9.1 Anima does not guarantee the continuity of operation and/or access to the Platform and/or the Services. Consequently, Anima shall not be liable for any damages that may result from: (i) lack of availability or accessibility to the Platform and/or Services, whether due to Anima’s failures or those of others; (ii) interruption in the operation of the Platform and/or Services or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads in telephone lines, data centers, the Internet system, or other electronic systems during their operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions beyond or within Anima’s control.
9.2 Anima does not guarantee the absence of computer viruses or other elements on the Platform introduced by third parties unrelated to Anima that may produce alterations in your electronic and/or logical systems and/or in electronic documents and files stored in your systems. Consequently, Anima shall not be liable for any damages that may result from the presence of viruses and/or other elements that may produce alterations in your physical and/or logical systems, electronic documents, and/or files.
9.3 Anima adopts various protection measures to protect the Platform and its content against cyberattacks by third parties. However, Anima does not guarantee that unauthorized third parties cannot learn about the conditions, characteristics, and circumstances under which you access the Platform and/or the Services are provided. Consequently, Anima shall not be liable for damages that may result from such unauthorized access.
9.4 By accessing the Platform and consequently accepting these Terms and Conditions, you declare that you will hold Anima, its parent company, affiliates, legal representatives, directors, partners, employees, consultants, and agents harmless against any claim arising from (i) your breach of any provision contained in these Terms and Conditions and/or any applicable law or regulation, (ii) your breach or violation of the rights of third parties, including, without limitation, other users and/or Anima’s partners, and (iii) your breach of permitted use of the Platform and Services.
TENTH: PRIVACY
10.1 Anima cares about the privacy of its users and those who access the Platform. Anima collects, uses, and shares personally identifiable information and non-personally identifiable information, as described in its Privacy Policy. You agree that by accessing the Platform and/or using the Services, you consent to such information being collected, used, transferred, and processed in accordance with the Privacy Policy and applicable law.
ELEVENTH: THIRD-PARTY LINKS
11.1 The Platform and/or the Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by Anima. Anima does not endorse, nor does it assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk and understand that these Terms and Conditions and our Privacy Policy do not apply to your use of such sites. You expressly release Anima from any and all liability arising from your use of any third-party website, service, or content, and agree that your relationship with any third-party website, service, or content is solely between you and such third parties. You agree that Anima is not and will not be responsible for any loss or damage of any kind you may suffer in your dealings with third parties, and you will have no claim against Anima.
TWELFTH: INDEMNITY
12.1 You agree to indemnify and hold harmless Anima, its licensees, licensors, shareholders, directors, officers, employees, contractors, agents, and users from any claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to attorneys’ fees) arising from your use and access to the Platform as well as the contracting of the Services, including but not limited to any claim arising from: (a) data or Client Intellectual Property transmitted or received by you, (b) access to or use of the Account and/or Services by third parties using your username and password, (c) violation of these Terms and Conditions and/or any applicable law or regulation.
THIRTEENTH: CONFIDENTIAL INFORMATION
13.1 You undertake to protect as confidential and not disclose to any third party any Confidential Information (as defined below) received from Anima, its related companies, or otherwise discovered by you in connection with or as a result of your use of the Platform and/or the Services. For these purposes, “Confidential Information” means information not publicly known and used, developed, or obtained by Anima and/or its related companies, including but not limited to: (a) information, procedures, and data obtained and/or developed by Anima or its related companies (including those obtained prior to the date of commencement of the Services) concerning Anima’s or its related companies’ business or affairs, (b) products or services, (c) costs and pricing structures, (d) analyses, (e) business and accounting methods, (f) computer software, including operating systems, applications, and programming lists, (g) organizational charts, manuals, and documentation, (h) all production methods, processes, technology, and trade secrets, and (i) all other similar and related information, in any form. You also undertake to use the Confidential Information solely for the purpose of fulfilling your obligations under these Terms and Conditions.
To maintain such confidentiality, you agree to take the security measures you consider necessary and reasonable, which must include at least those you use to protect your own confidential information, which may not be less than those required by applicable law. You must adopt the technical and organizational measures necessary to ensure the security and confidentiality of the Confidential Information, in order to prevent its alteration, loss, unauthorized access, or processing, and to detect intentional or unintentional deviations of Confidential Information, whether the risks come from human action or the technical medium used.
FOURTEENTH: RELATIONSHIP BETWEEN THE PARTIES
14.1 Access to and use of the Platform as well as the provision of the Services shall not constitute you as Anima’s legal representative or agent.
14.2 The only relationship between the Parties is that arising from these Terms and Conditions. It is expressly clarified that neither you nor your employees and/or subcontractors (if applicable) are employees of Anima, but rather an independent co-contractor linked by a commercial relationship with Anima related to the provision of the Services. In this regard, you represent and warrant that you have the experience, structure, and staff suitable to provide your services to third parties and to comply with all obligations assumed under these Terms and Conditions.
14.3 All labor, social security, and/or welfare obligations that may correspond to you under applicable law with respect to your staff shall be your responsibility.
14.4 You undertake to hold Anima harmless from any claim and/or judicial or extrajudicial demand brought against it by your employees, agents, dependents, and/or clients for labor, social security, or welfare matters.
FIFTEENTH: LIMITATION OF LIABILITY
15.1 The Services are provided under the conditions set forth in these Terms and Conditions and as currently offered. Use of the Services is at your own risk. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Anima and its licensors do not warrant that: (a) the Services will be available at any particular time or place, (b) the Services will be uninterrupted or secure, (c) any defect or error in the Services and/or the Platform will be corrected, (d) the Services will be free of viruses or other harmful components.
15.2 In no event shall Anima, its affiliates, agents, directors, employees, or suppliers be liable for direct, indirect, moral, incidental, special, consequential, or exemplary damages, including without limitation, damages for loss of profits, loss of goodwill, or other intangible losses, resulting from the use of or inability to use or access the Platform, your account, and/or the Services.
15.3 Likewise, in no event shall Anima be liable for: (i) anything attributable to you, (ii) your use of the Services and/or the Platform, (iii) errors or inaccuracies in Client Intellectual Property, (iv) direct or indirect damages you may cause to third parties, (v) injury or damage to personal property of any nature resulting from your access to or use of the Services and/or the Platform, (vi) unauthorized access to or use of Anima’s servers and/or any personal information stored therein, (vii) any interruption or cessation of transmission from the Services and/or the Platform, (viii) any bugs, viruses, trojans, or similar that may be transmitted through the Services and/or the Platform by any third party, (ix) any errors or omissions in any Client Intellectual Property or for any loss or damage incurred as a result of the use of any Client Intellectual Property posted, emailed, transmitted, or otherwise made available through the Services and/or the Platform, (x) any Client Intellectual Property of a user or any conduct that is defamatory, offensive, or illegal carried out by third parties, and/or (xi) cases in which the Services do not meet the user’s needs. In any event, under no circumstances shall Anima, its agents, directors, employees, suppliers, or licensors be liable to you for claims, proceedings, obligations, damages, losses, or expenses in an amount greater than that which you paid for the Services.
15.4 Any Client Intellectual Property downloaded or obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system and/or mobile device or loss of data that results from such download or from the use of any of the Services.
15.5 Given the nature of the Services, Anima may at any time perform routine maintenance and/or Service improvements, and for this reason and other possible unforeseeable contingencies related to the internet, you accept risks and imperfections or unavailability of third-party servers, and you expressly waive any contractual or extra-contractual liability, damages, and losses against Anima for possible failures, delays, or errors in accessing and using the Platform, your account, and/or provision of the Services for causes not attributable to Anima.
15.6 The Services have a high availability and auto-scaling infrastructure, available seven days a week, 24 hours a day. Notwithstanding the foregoing: (i) Anima reserves the right to carry out scheduled suspensions of access and use of the Platform, your account, and matters related to the provision of the Services, which Anima may notify in advance by email or on the URL: https://anima.bot/index.php/avisos
or any other means, with a minimum notice of 24 (twenty-four) hours, for maintenance, repair, or other tasks related to the provision of the Services. Likewise, Anima may carry out unscheduled suspensions when, at its sole discretion, there are emergency reasons, without this entitling you to any claim and/or compensation.
15.7 You must immediately notify Anima of all Service failures, and Anima will inform you of the nature of the Service failure and the expected repair time. For Service restoration, you must provide, if necessary, all necessary and reasonable support requested by Anima. Anima will promptly inform you when the malfunction is not related to the Service. Once the eventual failure is repaired, you will be immediately notified by Anima.
15.8 This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other theory, even if Anima has been advised of the possibility of such damages.
SIXTEENTH: MODIFICATIONS
16.1 Anima reserves the right to modify these Terms and Conditions from time to time and will always publish the most updated version on its website. In case of modifications that, in Anima’s opinion, are fundamental, Anima may notify you by an additional method (for example, via email to the email address associated with your account). Changes to these Terms and Conditions may be posted on the website or at the URL corresponding to the Terms and Conditions, so you must check those pages regularly. By continuing to access or use the Services after modifications have been published, you agree to be bound by the modified terms and conditions. If you do not agree with the new terms, you must immediately stop accessing the Platform and using the Services.
SEVENTEENTH: TERMINATION
17.1 In the event of termination prior to the expiration of the contracted monthly or annual cycle, you shall not be entitled to any refund for the amount corresponding to the monthly or annual cycle paid under this agreement.
17.2 If either party breaches its material obligations hereunder and fails to remedy such breach within 30 days of written notice by the other party, the non-breaching party may terminate the provision of the Services and/or use of the Platform.
17.3 All provisions herein which by their nature should survive any termination, including but not limited to those relating to liability limitations, indemnity, warranties, or matters relating to rights of ownership, shall remain in force notwithstanding termination hereof.
EIGHTEENTH: OTHER LEGAL TERMS
18.1 These Terms and Conditions and any rights and licenses granted herein may not be transferred or assigned by you, but may be assigned by Anima without restriction. Any attempted transfer or assignment by you shall be null and void.
18.2 In the unlikely event that Anima has not been able to resolve a dispute with you after attempting to do so informally, both you and Anima agree that any claim, dispute, or controversy (excluding injunctive or equitable relief sought by Anima) arising out of or relating to these Terms and Conditions, or the breach or alleged breach thereof (collectively, “Claims”), shall be submitted to the ordinary courts of the Autonomous City of Buenos Aires, Argentina, and the Parties shall be subject to the laws of Argentina, unless otherwise provided herein. Nothing in this section shall prevent Anima from seeking injunctive relief and/or equitable relief before the competent authority when necessary to protect any of Anima’s property interests. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY BY THE PARTIES, AND NOT AS PLAINTIFFS OR MEMBERS OF ANY CLASS OR COLLECTIVE ACTION. BY ACCEPTING THESE TERMS, YOU AND ANIMA WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION.
18.3 These Terms and Conditions, together with all amendments and additional agreements you may make with Anima in connection with the Services, constitute the entire agreement between you, your Organization (if applicable), and Anima. If any provision of these Terms and Conditions is found invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
18.4 No waiver of any of the terms of these Terms and Conditions shall be deemed a waiver of any other terms not expressly detailed, and Anima’s failure to enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of such right or provision.
18.5 Anima may make notices, if required by law or for other business-related purposes, by means of a general notice on the Platform, your email, your Account, letter or paper mail, or any other means, at its sole discretion.
18.6 The price of the Services does not include applicable taxes and/or withholdings according to the jurisdiction and laws of the service area. You accept that Anima shall not bear amounts corresponding to taxes and/or withholdings, which shall be the responsibility of the client. Therefore, the final price payable by the client shall include the price of the Services plus applicable taxes/withholdings.
18.7 If you need to contact Anima to resolve any queries related to these Terms and Conditions, you may do so by writing to info@anima.bot
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📌 Last updated: December 2024
