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RAG TECH LTD (“Wepos.ai”, “Wepos”, “RAG TECH”, “we”, “us”, or “our”) provides Software as a Service (SaaS) that allows our customers to store, manipulate, analyze and transfer messages between their business systems and their customers on a variety of RAG TECH provided and third party messaging channels (the “Service”). A “Customer” is an entity with whom RAG TECH has an agreement to provide the Service.
This RAG TECH Terms of Service (the “Agreement”) is an agreement between the Customer and RAG TECH, together the “Parties” and each, a “Party”, and is entered on the date the Customer signs up for a RAG TECH account through the RAG TECH website (the “Effective Date”).
If you register for a RAG TECH or Wepos.ai account, you acknowledge your understanding of these terms and enter the Agreement on behalf of the Customer. Please make sure you have the necessary authority to enter into the Agreement on behalf of the Customer before proceeding.
If a customer violates any of the terms outlined below, we reserve the right to cancel accounts or bar access to accounts without notice. If you do not agree to these terms, please do not use our Services.
RAG TECH may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use.
RAG TECH may refuse service to anyone for any reason at any time.
BY USING ANY ELEMENT OF THE RAG TECH SOLUTION (INCLUDING THE WEBSITE), CUSTOMER ACKNOWLEDGES THAT CUSTOMER HAS READ, ACCEPTS AND AGREES TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS, SET OUT IN THIS AGREEMENT, AS AMENDED FROM TIME TO TIME. IF CUSTOMER DOES NOT ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT, CUSTOMER WILL IMMEDIATELY CEASE ANY FURTHER USE OF THE RAG TECH SOLUTION, INCLUDING USE OF ANY PART THEREOF. CUSTOMER REPRESENTS AND WARRANTS TO RAG TECH THAT CUSTOMER HAS THE CAPACITY TO ENTER INTO THIS LEGALLY BINDING AGREEMENT. IF CUSTOMER IS USING THE RAG TECH SOLUTION ON BEHALF OF ANOTHER PERSON, CUSTOMER HEREBY REPRESENTS AND WARRANTS TO RAG TECH
THAT CUSTOMER HAS THE AUTHORITY TO BIND SUCH PERSON TO THIS AGREEMENT.
Provisioning of the RAG TECH Platform. Subject to Customer’s compliance with the terms and conditions of this Agreement, RAG TECH will make the RAG TECH Platform available to Customer on the terms and conditions set out in this Agreement, provided that: (i) Customer has read and accepted and is in compliance with its obligations under the applicable terms of use related to all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications; and (ii) has taken all steps as necessary to enable interoperability between the RAG TECH Platform and all applicable Third Party Messaging Platforms, Pre-Integrated Third-Party Business Applications, and Custom-Integrated Business Applications, including acquiring the necessary approvals and API keys, whether directly or via Customer’s Clients, to access these messaging channels as a business.
RAG TECH reserves the right to modify, suspend, or discontinue the Service at any time for any reason, with or without notice.
RAG TECH reserves the right to change our monthly/annual fees upon 30 days’ notice. The fee change will be notified per email to all our subscribers and will be reflected on the pricing page at wepos.ai/pricing.
RAG TECH reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications.
During the Term, Customer hereby grants to RAG TECH a worldwide, non-exclusive, non-transferable and non-sub-licensable (other than to affiliates) royalty-free licence to use Customer’s trademarks and logos made available to RAG TECH by Customer as part of this Agreement, solely in connection with the marketing, advertising, and promotion of the RAG TECH Solution, including listing the Customer and the Customer Application on the RAG TECH Website; and only in accordance with Customer’s reasonable trademark usage guidelines, as updated by Customer from time to time. Customer may require RAG TECH to cease using Customer’s trademarks and logos if, in the reasonable opinion of Customer, the continued display of Customer’s trademarks and logos would cause a materially adverse effect on Customer’s image and the goodwill associated therewith.
RAG TECH expressly reserves all rights, title, and interest in, and Customer will not acquire any right, title or interest in (i) the RAG TECH Solution (or any part thereof) and any other materials or content provided by RAG TECH under this Agreement, including any and all Modifications to any of the foregoing; and (ii) all intellectual
property rights in any of the foregoing (clauses (i) and (ii) are collective, the “RAG TECH Property”), in each case. All right, titles and interests in the RAG TECH Property will remain with RAG TECH (or RAG TECH’s third-party suppliers, as applicable). Customer may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or disassemble any aspect of the Service which RAG TECH or its suppliers own. The customer agrees not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of RAG TECH. For greater certainty, the RAG TECH Property is licensed and not “sold” to the Customer.
RAG TECH claims no intellectual property rights over the Content you upload or provide to the Service.
RAG TECH’s Right to Use Customer Data
Customer acknowledges and agrees that RAG TECH may store, use, reproduce, Modify, and transfer to its subcontractors, Customer Data, including Personal Data, solely in connection with delivering the Services under this Agreement. Customer further acknowledges and agrees that RAG TECH may store, use, reproduce, Modify, and transfer data that is not related to an identified or identifiable natural person, including aggregated or de-identified data, without limitation, for its internal business purposes, including but not limited to such purposes as analytics, quality assurance, product and service improvement, and new product and service development. The customer agrees to cause any Administrative User, Customer’s Client and Chat Participant to agree to the terms.
Customer Accounts. Upon Customer’s request, RAG TECH will issue one or more administrator accounts (the “Administrator Accounts”) to Customer that provides Customer with the capability to create accounts for use by individuals who are an employee or contractor of Customer and that Customer wishes to have access to and use of the RAG TECH Platform (each, an “Administrative User”). Customer will ensure that Administrative Users only use the RAG TECH Platform through their Customer Account. Customer will not share their Administrator Accounts with any other person and will not allow Administrative Users to share their Customer Account with any other person. The customer will promptly notify RAG TECH of any actual or suspected unauthorized use of the RAG TECH Platform. RAG TECH reserves the right to suspend, deactivate, or replace any Customer Account or Administrator Accounts if it determines that the Customer Account or Administrator Account, as applicable, may have been used for an unauthorized purpose.
Customers are responsible for maintaining the privacy and security of their accounts. RAG TECH will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
Customer will generally have access to RAG TECH’s technical support from 10:00 am to 7:00 pm UTC (GMT+01:00) on weekdays (other than holidays observed by RAG TECH) through email support, or through the web site using our chat widget, or by mailing us on support@wepos.ai
For greater clarity, Wepos’s Fees do not include any charges that may be assessed by Third Party Messaging Platforms for access to or use of a channel. Such charges shall be the responsibility of Customer, whether paid directly to the Third Party Messaging Platforms or whether such access is resold through RAG TECH, in which case RAG TECH shall advise Customer in writing as to the applicable charges and Customer shall have the right to accept such charges or decline them and not use the associated channel. In the event a Third Party Messaging Platforms imposes special requirements on RAG TECH beyond API integrations, including but not limited to hosting endpoints unique to that channel, then RAG TECH shall have the right to charge Customer for this additional service, and Customer shall have the right to accept such charges or decline them and not use the associated channel.
The Parties acknowledge that the following provisions have been negotiated by them and reflect a fair allocation of risk and form an essential basis of the bargain and will survive and continue in full force and effect despite any failure of consideration or of an exclusive remedy:
AMOUNT. IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF RAG TECH IN CONNECTION WITH OR UNDER THIS AGREEMENT EXCEED THE AMOUNT OF FEES PAID BY CUSTOMER IN THE PRIOR 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR £500GBP, WHICHEVER IS THE LESSER. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT. IN NO EVENT WILL RAG TECH’S THIRD PARTY SUPPLIERS HAVE ANY LIABILITY ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT.
TYPE. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL RAG TECH BE LIABLE TO CUSTOMER OR ANY USER FOR ANY: (I) SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, (II) LOST SAVINGS, PROFIT, DATA, USE, OR GOODWILL; (III) BUSINESS INTERRUPTION; (IV) ANY COSTS FOR THE PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES; (V) PERSONAL INJURY OR DEATH; OR (VI) PERSONAL OR PROPERTY DAMAGE ARISING OUT OF OR IN ANY WAY CONNECTED TO THIS AGREEMENT, REGARDLESS OF CAUSE OF ACTION OR THE THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM) OR OTHERWISE AND EVEN IF NOTIFIED IN ADVANCE OF THE POSSIBILITIES OF SUCH DAMAGES.
Visiting our Website. We collect the IP (Internet protocol) addresses of all visitors to our Website and other related information such as page requests, browser type, operating system and average time spent on our Website. We use this information to help us understand our Website activity and to monitor and improve our Website. In addition to the information described above, our Website uses Cookies. Please refer to the Cookie Policy below for additional details.
RAG TECH makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected. RAG TECH and its affiliates are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
Term. This Agreement will commence on the Effective Date and continue to be in effect until your subscription has been terminated in accordance with the terms Customer agreed to on the RAG TECH website at the time of signup (the “Term”). For greater certainty, if the Customer has subscribed to an ongoing subscription, then the such subscription will automatically renew at its expiry for the same period of time, at the then-current subscription rate described on the RAG TECH Website.
RAG TECH reserves the right to suspend Services if the Customer fails to timely pay any undisputed amounts due to RAG TECH under this Agreement, but only after RAG TECH notifies Customer of such failure and such failure continues for thirty (30) calendar days after such notification. Suspension of Services shall not release Customer of its payment obligations under this Agreement. Customer agrees that RAG TECH shall not be liable to Customer or to any third party for any liabilities, claims or expenses arising from or relating to suspension of the Services resulting from Customer’s non-payment unless RAG TECH suspends the Services without giving Customer 30 calendar days written notice to rectify its failure to pay.
Termination will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. This information cannot be recovered from RAG TECH once your account is terminated. Please be aware of that.
A Party may terminate this Agreement for cause (a) upon thirty (30) days written notice to the other Party of a material breach if such breach remains uncured at the expiration of such period; or (b) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. If this Agreement is terminated by you in accordance with this section, RAG TECH will, to the extent permitted by applicable law, refund you any prepaid fees covering the remainder of the Term after the effective date of termination. If this Agreement is terminated by RAG TECH in accordance with this section, you will pay any unpaid fees covering the remainder of the Term. In no event will termination relieve you of your obligation to pay any fees payable to RAG TECH for the period prior to the effective date of termination.