Terms of Service

Last Updated: 29.10.24

THESE TERMS OF SERVICE (“AGREEMENT”) BETWEEN ISARTECH CONSULTING AND ITS AFFILIATES (COLLECTIVELY, “ISARTECH”, “ITC”, “WE” OR “US”) AND THE INDIVIDUAL OR LEGAL ENTITY LICENSING THE SOFTWARE AND/OR SERVICES UNDER THIS AGREEMENT AND/OR UNDER AN APPLICABLE ORDER FORM (“YOU”, “CLIENT”, OR “CUSTOMER”) AND TOGETHER WITH ITC, THE “PARTIES”) GOVERNS CUSTOMERS’ ACCESS AND USE OF THE SOFTWARE AND/OR SERVICES.


Preamble

ITC has developed, and owns software that facilitates an intelligent, conversational shopping experience, enabling online retailers to enhance product discovery and customer engagement through an AI-powered virtual assistant. Such solutions are provided to customers on a Software-as-a-Service (SaaS) basis; and

This Agreement governs the Parties’ relation in connection with the Customer’s ongoing use of the service, as well as its End User’s access to and usage of the Service (as defined below).

§ 1. Description of the Service

We provide Conversational Shopping Assistants designed for e-commerce platforms to enhance product discovery for end-users. The Assistant helps customers by guiding them through their shopping journey, offering personalized suggestions based on their needs. In addition, the Assistant contains a semantic search functionality, which allows users to search for products using natural language. Semantic search leverages AI to interpret user input and retrieve items that match the intent and context of the query, beyond simple keyword matching.

While semantic search offers a sophisticated method for interpreting user input, it does not guarantee that every search will yield the exact product the user had in mind. This limitation is inherent to AI-driven searches, which, despite their advanced algorithms, may occasionally misinterpret ambiguous or highly specific language.

Examples of the Service's capabilities include:

  • Generating recipes with grocery lists and searching for relevant groceries across the platform.

  • Narrowing down products based on user preferences, such as specific features or qualities the user is looking for (e.g., selecting ergonomic office chairs with lumbar support or eco-friendly cleaning supplies).

  • Assisting in occasion based product searches, such as recommending the right tools for a DIY project or suggesting gifts based on the recipient's preferences or occasions.

  • Searching for products based on an existing list the user can provide a shopping list and the assistant will try and find all of these items for the user.

All services described herein are subject to our Privacy Policy, which can be reviewed here.

§ 2. Intended Use

The product is intended to be used by e-commerce companies (our clients), who will integrate it into their online sales channels, such as web stores or mobile applications, for the benefit of their customers (end-users). End-users are expected to use the Assistant by engaging in conversations that describe what they are looking for, based on their specific tasks or plans. Examples include:

  • Searching for groceries: An end-user may ask the Assistant for a recipe, such as "show me a lasagna recipe," and the Assistant will recommend ingredients and allow the user to search for and add the needed groceries to their cart.

  • Finding tools for a DIY project: An end-user planning a home improvement task might ask, "What tools do I need to build a bookshelf?" The Assistant will recommend relevant tools based on the specifics of the project.

  • Selecting gifts based on preferences: An end-user looking for a gift might ask, "What’s a good gift for someone who loves cooking?" The Assistant will suggest suitable products based on the recipient’s interests.

The Conversational Shopping Assistant may generate various types of content, including but not limited to DIY instructions, recipes, and other helpful guidance. Please be advised that such generated content is fictitious in nature and provided for informational purposes only. We do not guarantee that following any instructions or guidance provided by the Assistant will produce the desired results or outcomes. Users are encouraged to exercise caution and use their discretion when relying on the generated content, as individual results may vary.

§ 3. Unintended Use

There is no need for end-users to provide personally identifiable information (PII) in order to complete their shopping tasks through the Assistant. As such, it is against these Terms to transmit any of the following types of information:

  • Names, addresses, or contact details.

  • Payment information, such as credit card numbers.

  • Personal identification numbers or government-issued IDs.

  • Any other information of sensitive or protected nature

Providing such information is unnecessary for the service to function, and doing so may lead to unintended risks, as this information is not required for product discovery or adding items to the shopping cart. If the user provides personal information by accident we will accept any discovery and deletion requests made.

§ 4. Responsibility for User Awareness

These Terms of Service will be made available either directly by Us or through our Client. It is important that end-users are informed about the correct usage of the Assistant as outlined in these Terms. Both ITC and the Client are responsible for ensuring that the end-users understand the proper use of the Service to ensure a smooth and compliant user experience.

§ 5. Disclaimer of Responsibility

The primary function of the Assistant is to assist end-users in discovering relevant products and seamlessly add these products to the shopping cart using the integrations we provide. After products are added to the cart, our role concludes, and further steps, such as order processing, payment or fulfilment, are managed by the client’s systems.

While we aim to provide reliable integrations, we do not assume responsibility for the internal integration of our service within the client’s infrastructure. However, we are happy to assist in ensuring the integration process is as smooth as possible. 

§ 6. Publicity and Marketing.

We are permitted to publicly refer to Client as a customer a customer and to use Client’s name, logo, and trademarks in marketing materials, on its website, and in other promotional channels. Such use shall be consistent with Client’s branding guidelines, if any, and must not misrepresent the nature of the relationship between the parties.

§ 7. Client Accounts, Access and API Keys

  1. Account Access. You are responsible for keeping your account secure. Do not share your password. If you think someone else knows your password or is using it without permission, let us know right away.

  2. API Access. Use the API only as described in the API documentation. Do not hide or misrepresent your identity when using it.

  3. Privacy. Data provided by you is handled according to our Data Privacy Policy.

  4. API Limitations. We have rate limits on API usage, such as the number of API requests you can make per second. These limits are returned in the response headers to API requests. Do not try to bypass them.

  5. Compliance. When accessing our services through an account or the API you must comply with all applicable laws.

  6. Violations. If we believe an account is breaking these Terms, we may suspend, delete, disable, or terminate it at our discretion, and without prior notice.

§ 8. Representations and Warranties

(1) You hereby represent and warrant the following:

(a) You are of legal age and possess the legal capacity to enter into a binding contract;

(b) You are duly authorized to access the Websites and utilize the services in the jurisdiction where you are a citizen, resident, incorporated, or otherwise established;

(c) If accessing the Websites or using the services on behalf of a legal entity:

i. You have the requisite authority to act on behalf of that legal entity; and

ii. Such legal entity is duly organized, validly existing, and in good standing under the laws of the relevant jurisdiction.

§ 9. Disclaimer of Warranties

(1) To the maximum extent permitted by applicable law, the Websites and Services provided under these Terms are made available on an "as is" basis. We disclaim all warranties, express or implied, in relation to the Websites and Services, including, but not limited to, any implied warranties of merchantability or fitness for a particular purpose. We do not warrant that the Websites will be uninterrupted, or that the data provided will be correct, complete, accurate, or current. Nor do we guarantee that the Services will meet your or any third party's requirements or expectations.   

(2) If you enter into any agreement with a third party relating to these Services, you must notify them of these Terms, including, without limitation, the applicable disclaimer of warranties set forth in this section.   

§ 10. Limitation of Liability

(1) Limitations. We shall be liable only for damages resulting from willful misconduct (Vorsatz) or gross negligence (grobe Fahrlässigkeit), and only to the extent allowed under applicable statutory provisions, regardless of the legal basis (pre-contractual, contractual, tort, or otherwise). Liability for minor negligence is hereby expressly excluded. This exclusion does not apply to liability for personal injury. Moreover, we disclaim any liability for consequential damages, pure financial losses, lost profits, or damages arising from third-party claims, except in cases of willful misconduct. This limitation extends particularly to damages arising from the inherent risks of AI technology and generative chat applications.   

(2) Waiver of Rights. Our failure to object to a breach of these Terms or statutory provisions does not constitute a waiver of the right to enforce any claims arising from such breach. 

  

§ 11. Intellectual Property  

Ownership

We retain all intellectual property rights, including copyrights, trademarks, patents, and any rights related to concepts and ideas (if protected by law), in connection with our Websites and Services.

Your Usage Rights

We provide you with a limited, non-exclusive, and non-transferable license to access and use our services, as long as you follow these Terms and applicable laws. This license will be revoked if you fail to comply with these Terms.

 

§ 12. Indemnification

You agree to indemnify us and hold us harmless from any and all third party claims, demands, actions, damages, losses, costs or expenses, including reasonable legal fees, arising out of or relating to use of the Websites or the Services

§ 13. Miscellaneous

(1) Amendments . We reserve the right to update, modify, or replace these Terms at any time. In the event of such changes, we will notify you via email. You will have 14 days from the date of the notification to raise any objections to the updated, modified, or replaced Terms. If no objection is raised within this period, your continued use of the services will be deemed as acceptance of the changes. We will include a reminder in our email notification that a failure to object will be considered as consent to the amendments.

(2) Severability . In the event that any provision of these Terms is found to be invalid, contestable, or unenforceable, the remaining provisions shall remain effective and enforceable, as long as this aligns with the intent of the parties based on the provisions and context of these Terms. If you are not classified as a consumer under the Austrian Consumer Protection Act, the invalid provision shall be replaced by a provision that is legally valid and enforceable, and which closely approximates the intended legal and economic effect of the original provision.

(3) Governing Law . These Terms, along with any non-contractual obligations arising from or related to them, shall be governed by and construed in accordance with Austrian law, excluding its conflict of law provisions.

(4) Dispute Resolution . All disputes arising from the Websites, Services or related to the breach, termination, or invalidity of these Terms shall fall under the jurisdiction of the Commercial Court (Handelsgericht) in Vienna, Austria. However, if you are deemed a consumer under the Austrian Consumer Protection Act, any legal proceedings shall be brought before the court in your place of residence