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Terms & Conditions

Last updated: 01 June, 2024

This Agreement (“Agreement”) is entered between CYBRIX 360 AI LIMITED having its registered office at Level 30, The Leadenhall Building, 122 Leadenhall Street, London EC3V 4AB, United Kingdom, through its website ngage360.app, and ‘You’ as the User on the website. The terms such as ‘Company’, ‘Platform’, and ‘NGage’ shall be used in reference to the Platform, and the terms such as ‘You’, ‘User’, and ‘Client’ shall be used in reference to the User of the website.

  1. These terms of service outline the legally binding terms and conditions that apply to your use of the website and services. You (“user” or “you”) are accepting the practices described in these terms of service by completing the registration process, browsing the website, and/or using our website or services (on behalf of yourself or the entity that you represent).
  2. If you are not at least 18 years old, you may not access or use the website or services or accept the terms. Please do not use the website or services and exit immediately if you do not agree to these terms of service.
  3. We reserve the right to modify or amend these terms of service without notice at any time. Your continued use of our website after the posting of changes to these terms constitutes your acceptance of those changes. No changes to our terms of service will apply retroactively unless we provide you with specific notice.
  4. You will also be required to execute our subscription agreement for certain of our services, which will have its own terms and conditions that specifically apply to any subscription that you purchase.
  5. This is a legal agreement between you and the platform outlining the key terms and conditions governing your use of the website and services. This agreement, along with all updates, supplements, additional terms, and platform’s rules and policies, constitutes the “agreement” between you and the platform. You agree to be legally bound by this agreement by accessing the website or using our services.

PLEASE READ THESE WEBSITE TERMS OF SERVICE CAREFULLY. CAREFULLY READ EACH PROVISION TO ENSURE THAT YOU UNDERSTAND IT. YOU MAY NOT USE THE PLATFORM IF YOU DO NOT AGREE TO THESE WEBSITE TERMS OF SERVICE.

A. ACCESS

  1. Subject to the terms of this Agreement, NGage 360 hereby grants Customer a limited, personal, non-sublicensable, non-transferable, nonexclusive licence to use the Solution only for internal purposes and in accordance with any NGage 360-provided documentation (including as provided electronically).
  2. Without NGage 360’s written consent, the Website and/or any portion of the Website or the Services may not be reproduced, sold, resold, visited, or otherwise exploited for any commercial purpose. Without our written consent, you will not use any meta tags or other “hidden text” containing our name or trademarks. Furthermore, you agree not to:
    1. take any action that imposes, or may impose, an unreasonable or disproportionately large load on our infrastructure;
    2. interfere or attempt to interfere with the proper operation of the Website, the Services, or any activities conducted as part of the Website or Services; or
    3. circumvent any measures we may use to prevent or restrict access to the Website or Services.
  3. Any unauthorised use terminates the permissions and/or licences granted to you by us. You are aware that the NGage 360 Website, Services, and Content are constantly evolving. You acknowledge and agree that NGage 360 may make changes to the Website, Services, and Content at any time, with or without notice to you. In order to use the Website, Services, and Content, you may need to update third-party software from time to time.

B. SERVICES

  1. We help you train your customized chatbots using your own data, which you can then integrate into your website.
  2. With custom LLM chatbots, we can help provide better customer support and/or increase employee productivity.
  3. NGage 360 offers monthly and yearly subscription models. More information can be found on console.ngage360.app

C. PAYMENT AND FEES

  1. NGage 360 or its vendors or agents will bill your bank card or another payment method offered by the platform for all charges or deposits for any events, products, or services sold on or through the Website. When you provide us with bank card information, account numbers, or other payment information, you represent to us that you are the authorised user of the bank card used to pay for the products and services
  2. You agree to reimburse NGage 360 and its vendors or agents for all expenses incurred to recover sums due, including attorneys’ fees and other legal expenses, if legal action is required to collect on balances due. You are responsible for the purchase and payment of all Internet access and telecommunications services required for use of the Website or Services. You acknowledge that we will retain and store such bank card or payment information for the purpose of facilitating payment and deposit, damage reimbursement, and other liability purposes.

D. CREATING AN ACCOUNT AND REGISTRATION

  1. You understand that in order to access certain parts of the Website, you may need to create an account. You will: (a) provide true, accurate, current, and complete information about yourself and your business as prompted by the Website’s registration or subscription page (such information being the “Registration Data”), and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is false, inaccurate, out of date, or incomplete, or NGage 360 has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, NGage 360 reserves the right to suspend or terminate your account and refuse any and all current or future services or future use of the Website or the Services (or any portion thereof).
  2. Under certain conditions, we reserve the right to provide user billing, account, Content or use records, and related information (such as in response to legal responsibility, lawful process, orders, subpoenas, or warrants, or to protect our rights, customers or business). Please keep in mind that anyone who has access to your personally identifiable information will be able to access your account, so you should take reasonable precautions to safeguard this information.
  3. You are solely responsible for the password and account’s security and confidentiality. Furthermore, you are solely responsible for all activities that take place under your account. You will not disclose your account information, including your user name and password, to any third party, nor will you allow any third party to access the Website using your account information. You agree to notify us immediately if you become aware of any unauthorised use of your account or any other breach of security. It is your responsibility to take precautions and provide security measures that are appropriate for your situation and intended use of the Website.
  4. To register to use the Website, you may be required to provide NGage 360 with the registration information requested, such as your name and email address. You will provide NGage 360 with accurate, truthful, complete, and up-to-date registration information as part of the account creation process required to gain access to certain areas of the Website. You are responsible for all activities that occur on the Website under your account (“User Account”), and you must keep your User Account password secure.
  5. We recommend that you use “strong” passwords (passwords that include upper and lower case letters, numbers, and symbols) with your User Account. NGage 360 is not responsible for unauthorised access to your User Account and will not be liable for any losses resulting from such unauthorised use. If you suspect an unauthorised third party is using your account or if your account information is lost or stolen, you will notify NGage 360 immediately. Never use another user’s User Account without their permission.

E. COMMUNICATION

  1. NGage 360 may send you notifications, whether required by law or for marketing or other business-related purposes, via email, written or hard copy notice, or by posting such notice on our website, as NGage 360 determines in its sole discretion. NGage 360 reserves the right to determine the form and means of notifying you, provided that you may be able to opt out of certain notification methods as described in NGage 360’s Privacy Policy. NGage 360 is not responsible for any automatic filtering of email notifications sent to the email address you provide us.

F. CODE OF CONDUCT

  1. You will follow all applicable laws, rules, and regulations while using the Website. Your use of the Website is contingent on your adherence to the restrictions outlined below. Failure to comply may result in your access to the Website being terminated at NGage 360’s sole discretion. You agree that by using the Website, you will not, and will not allow or authorise any third party to:
    1. Input, distribute, upload, post, email, transmit, or otherwise make available through the Website any content that is:
      1. illegal, fraudulent, deceptive, invading another’s privacy, tortious, or unauthorized by these Website Terms of Service;
      2. is promotional in nature, or constitutes spam, pyramid schemes, or the like, without NGage 360’s prior written consent;
      3. is offensive, vulgar, harassing, threatening, discriminatory, racist, hateful, or otherwise harmful to any individual or group;
      4. violates NGage 360’s or any third party’s Intellectual Property Rights; contains software viruses or other computer code, files, or programmes designed to interrupt, destroy, or limit the functionality of any computer software or hardware, or telecommunications equipment;
      5. constitutes personally identifiable information of any third party that you do not have adequate rights to input, distribute, upload, post, email, transmit, or otherwise make available via telecommunications equipment;
      6. you do not have the authority to do so under any law, contract, or fiduciary relationship.
    2. Copy, reproduce, recompile, decompile, disassemble, reverse engineer, distribute, publish, display, perform, modify, upload to, create derivative works from, transmit, transfer, upload, edit, post, frame, link, or otherwise exploit any part of the Website unless expressly permitted in writing by NGage 360.
    3. Recirculate, redistribute, or publish the Website’s content without NGage 360’s prior written consent. If NGage 360 makes any third-party platform’s sharing functionality available through the Website, you may use the “share” functionality solely to inform others about a NGage 360 blog post, and you will comply with all terms and conditions applicable to the third-party platform on which the blog post is shared.
    4. Use any of NGage 360’s trademarks, trade names, service marks, copyrights, or logos in any way that gives the impression that such items belong to or are associated with you, or that they are used with NGage 360’s permission.
    5. Obtain or attempt to obtain any materials or information on the Website that have not been intentionally made publicly available through public display on the Website or accessibility via a visible link on the Website.
    6. Interfere with, attempt to interfere with, or otherwise disrupt the proper operation of the Website, any activities carried out on or through the Website, or any servers or networks connected to the Website.
    7. Violate the Website’s security or attempt to gain unauthorised access to the Website, data, materials, information, computer systems or networks connected to any server associated with the Website via hacking or other means.
    8. Take or attempt any action that, in NGage 360’s sole discretion, imposes or may impose an unreasonable burden on the Website or its infrastructure, or otherwise abuse the Website.
    9. To “scrape” or download data from the Site, use any software, device, or other process.

G. INTELLECTUAL PROPERTY RIGHTS

  1. All NGage 360 trademarks, service marks, and trade names used herein (including, but not limited to, the NGage 360 name, NGage 360 corporate logo, the Website name, the Website design, and any logos) (collectively “Marks”) are either registered or unregistered trademarks of NGage 360 or its affiliates, partners, vendors, or licensors. Without NGage 360’s prior written consent, you may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify NGage 360 trademarks in any way, including in advertising or publicity pertaining to distribution of materials on the Website or in the Services.
  2. Without prior written consent, you may not use NGage 360’s name or any language, pictures, or symbols that, in NGage 360’s opinion, imply NGage 360’s endorsement in any I written or oral advertising or presentation, or (ii) brochure, newsletter, book, or other written material of whatever nature.
  3. NGage 360, its licensors, vendors, agents, and/or Content providers own all of the content featured or displayed on the Website or in the Services, including without limitation text, graphics, photographs, images, moving images, sound, and illustrations (“Content”). Trade dress, copyright, moral rights, trademark, and other intellectual property laws protect all elements of the Website and Services, including without limitation the general design and the Content. The Website and Services may only be used for the intended purpose for which they are made available.
  4. You may not modify any of the materials, and you may not copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or work contained on the Website, except as permitted by copyright law. Except as authorised by copyright laws, you must obtain permission before reusing any copyrighted material available on the Website or in the Services. You must follow all applicable domestic and international laws, statutes, ordinances, and regulations when using the Website. Unless otherwise expressly agreed, the Website, the Services, its Content, and all related rights shall remain the exclusive property of NGage 360 or its licensors.

H. ADVERTISING PRIVILEGES

  1. NGage 360 reserves the right to sell, license, and/or display any advertising, attribution, links, promotional, and/or distribution rights in connection with your usage, and NGage 360 and its licensors or affiliates will be entitled to retain any and all revenue generated from such sales or licences. Nothing in these additional terms requires or may be construed as requiring NGage 360 to sell, licence, or offer to sell or licence any advertising, promotion, or distribution rights.

I. INAPPROPRIATE CONTENT

  1. You are not permitted to upload or use any unlawful, threatening, defamatory, libellous, obscene, pornographic, or profane material, or material that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, or material that would otherwise violate any law. If we determine, in our sole discretion, that you have violated or are likely to violate any prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, prohibiting you from leaving comments or participating in our forums and communities and/or the immediate removal of the related materials. We will fully cooperate with any law enforcement authorities, court order, or subpoena that requests or directs us to reveal the identity of anyone who posts such materials.

J. NO PROFESSIONAL ADVICE

  1. If the Website contains professional information (for example, medical, legal, or financial information), it is provided solely for informational purposes and should not be construed as professional advice. No action should be taken in response to any information on the Website. Seek independent professional advice from someone who is licensed and/or qualified in the relevant field.

K. DISCLAIMER

  1. NGAGE 360 EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, CONDITIONS, AND OTHER TERMS WITH RESPECT TO THE WEBSITE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES, CONDITIONS, AND OTHER TERMS OF MERCHANTABILITY, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY: (i) THE WEBSITE IS PROVIDED “AS-IS” AND WITHOUT WARRANTY OF ANY KIND BY NGAGE 360; (ii) WITHOUT LIMITATION, NGAGE 360 DOES NOT MAKE ANY WARRANTY OF ACCURACY, COMPLETENESS, TIMELINESS, UPTIME, OR UNINTERRUPTABILITY, OF THE WEBSITE; AND (iii) NGAGE 360 IS NOT RESPONSIBLE FOR RESULTS OBTAINED FROM THE USE OF THE WEBSITE OR FOR CONCLUSIONS DRAWN FROM SUCH USE. NGAGE 360 ASSUMES NO LIABILITY FOR LOSS OF DATA OR INABILITY TO USE THE WEBSITE FOR ANY REASON DUE TO THE ACTS OR OMISSIONS OF ITS THIRD PARTY HOSTING OR OTHER PROVIDERS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NGAGE 360 NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR OTHER REPRESENTATIVES WILL BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, EVEN IF NGAGE 360 WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, THE FOREGOING SHALL APPLY. IF YOU ARE DISSATISFIED WITH THE WEBSITE OR THESE WEBSITE TERMS OF SERVICE IN ANY WAY, YOUR SOLE AND EXCLUSIVE REMEDY IS TO STOP USING THE WEBSITE. YOU HEREBY WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST NGAGE 360, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS ARISING FROM YOUR USE OF THE WEBSITE. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF NGAGE 360 SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) AND OR (B) THE FEES THAT YOU HAVE ACTUALLY PAID TO NGAGE 360 FOR THE FOR THE RELEVANT SERVICES WITHIN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR DAMAGES.
  2. TO THE EXTENT NGAGE 360’S LIABILITY FOR CERTAIN TYPES OF LOSS OR DAMAGE CANNOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW, NOTHING IN THESE WEBSITE TERMS OF SERVICE EXCLUDES OR LIMITS NGAGE 360’S LIABILITY FOR (I) DEATH OR PERSONAL INJURY CAUSED BY NGAGE 360’S NEGLIGENCE; (II) FRAUD OR FRAUDULENT MISREPRESENTATION; OR (III) ANY OTHER LOSS OR DAMAGE IN RESPECT OF WHICH SUCH LIABILITY CANNOT BE EXCLUDED OR LIMITED BY LAW.

L. INDEMNITY

  1. 1.1. You agree to defend, indemnify, and hold NGage 360 and its subsidiaries, agents, licensors, managers, and other affiliated companies, as well as their employees, contractors, agents, officers, and directors, harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees) arising from:
    1. your use and access to the Website, including any data or content you transmit or receive;
    2. your breach of any term of these Website Terms of Service, including, without limitation, any of the representations and warranties set forth above;
    3. your infringement of any third-party right, including, but not limited to, any right of privacy or Intellectual Property Rights;
    4. your failure to comply with any applicable law, rule, or regulation;
    5. Data or other content submitted through your User Account, including, but not limited to, misleading, false, or inaccurate information;
    6. your intentional misconduct; or
    7. any other party’s access to and use of the Website through the use of your unique username, password, or other appropriate security code.

M. LIMITATION OF LIABILITY

  1. The User agrees that the Platform will not be held liable for any issues, including loss of access to, caused by, or related to the Platform’s accessibility.
  2. Neither the Platform nor the Company, nor any other person, representatives, or agents associated with the Platform, or even employees involved with the Platform, shall be liable for any direct, indirect, punitive, special, consequential, or other types of harm arising from or related to the Platform’s accessibility.
  3. You agree to indemnify, defend, and hold NGage 360 and its affiliates, as well as their respective directors, officers, owners, agents, cobranders or other partners, employees, information providers, licensors, licensees, consultants, contractors, and other applicable third parties (collectively “Indemnified Parties”), harmless from and against any and all claims, demands, causes of action, debt, or liability, including attorney’s fees.

N. FORCE MAJEURE

  1. Neither the company nor you shall be liable for damages or delays or failures in performance caused by acts or occurrences beyond their reasonable control, including, without limitation, fire, lightning, explosion, power surge or failure, water, acts of God, war, revolution, civil commotion, or acts of civil or military authorities or public enemies: any law, order, regulation, ordinance, or requirement of any government or legal body or any representative of such government or legal body: any law, order, regulation, ordinance, or requirement.

O. DISPUTE RESOLUTION

  1. If a dispute, confusion, or difference arises from, out of, or in relation to the Terms and Conditions (hereinafter “Dispute”), the Company and You (collectively referred to as “Parties”) will try to resolve such Dispute amicably through mediation as soon as possible.
  2. If all other methods of dispute resolution fail, the parties must resort to arbitration for effective and binding resolution. The Arbitrators must be selected collectively within two months.
  3. The arbitration proceedings will be held in English.
  4. All proceedings relating to the provisions of this clause will take place in Kerala, India.
  5. Unless otherwise specified in the award, both parties are to bear equally the costs of the arbitration, including the fees of the arbitrators.
  6. The Award issued jointly by the Arbitrators is to be considered final.

P. ADDITIONAL SUPPORT

  1. If you have any questions or comments about the foregoing Terms of Service, please contact our Customer Service Department via email at support@cybrix360ai.com

Q. UPDATES

  1. In the event of an update, the Client will be deemed to have automatically accepted these terms and conditions. Clients should frequently check the Terms and Conditions page for any updates.