TERMS OF SERVICE
PLEASE READ ALL OF THE FOLLOWING TERMS CAREFULLY AS THEY CONTAIN INFORMATION
REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATION UNDER THIS AGREEMENT
These Terms are Effective from May 1st 2021
These Terms of Service (this “Agreement”) are entered into by Level Fish Limited. (“Company”) operator of LevelFish.com and the website service therewith (the “Website”) and the entity executing this Agreement (“You”). This Agreement governs Your use of the standard service (the
“Service).
BY CLICKING THE "REPHRASE” BUTTON IN AN APP, COMPLETING THE REGISTRATION PROCESS ON OUR SITE OR USING THE SERVICE IN ANY WAY, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND ACCEPT THIS AGREEMENT AND ARE AUTHORISED TO ACT ON BEHALF OF, AND BIND TO THIS AGREEMENT, THE OWNER OF THIS ACCOUNT on behalf of your Company or Yourself (“User”) who may access and use the Website and technology thereon only pursuant to the following terms and conditions.
Definitions
"License"; shall mean the terms and conditions for use, reproduction, and distribution as defined by Sections 1 through 15 of this document.
"Licensor" shall mean the copyright owner or entity authorised by the copyright owner that is granting the License.
"Legal Entity" shall mean the union of the acting entity and all other entities that control, are controlled by, or are under common control with that entity. For the purposes of this definition, "control"means (i) the power, direct or indirect, to cause the direction or management of such
entity, whether by contract or otherwise, or (ii) ownership of fifty percent (50%) or more of the outstanding shares, or (iii) beneficial ownership of such entity.
"You" (or "our") shall mean an individual or Legal Entity exercising permissions granted by this License.
1. Acceptance of Terms.
By registering, accessing and using the Website, the User hereby READS, UNDERSTANDS, ACCEPTS, and AGREES to be bound by this Agreement’s terms and conditions. Should User NOT accept these terms and conditions, User must neither access nor otherwise use any part of the Website or service available immediately. To the extent permitted by law, Company may amend these Terms at any time and will do so from time to time, by posting a new version of this Agreement online at https://www.levelfish.com/privacy-policy. Company will notify User on its
website and/or via email (where the User is registered) of any changes and the User hereby agrees that its continued use of the Website constitutes an acceptance of such changes. Changes will not apply retroactively and will become effective no sooner than 7 days after they are posted online. User shall have the opportunity to refuse new Terms by stopping access to and utilisation of the Website.
2. Fees.
The Website and paraphrase service apps are free to use without charge to generate up to a restricted volume of new phrases which may change from time to time. Enterprise Conversational service builders, designers and Advanced English as a Second Language Users may request
Upgrades to access more variations for a fee, information available on request and when you visit our website Levelfish.com. Conversational AI designers and Chatbot platforms may request API access to the underlying platform to help generate phrase matching to intents with high volumes
of multiple and diverse phrases. Access is on request only for businesses by emailing sales@levelfish.com.
3. Disclaimer of Warranties.
THE LEVELFISH SERVICE AND ITS CONTENT ARE PROVIDED “AS IS,”BASIS WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER AND COMPANY HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. TO THE FULL EXTENT PERMITTED BY LAW, COMPANY EXPRESSLY DISCLAIMS ANY REPRESENTATION THAT: (I) THE SERVICE WILL MEET USER’S EXPECTATIONS; (II) ACCESS TO PARAPHRASE GENERATION WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) ANY OUTPUT FROM THE WEBSITE WILL BE ACCURATE OR USABLE; (IV) ANY USER-PROVIDED INFORMATION WILL NOT BE DISCLOSED TO THIRD-PARTIES; OR (VI) ANY DATA OR SOFTWARE ERRORS WILL BE CORRECTED.
4. Website Uses.
a. LevelFish ™ The Website generally allows a User, to submit a request to access the service using Level Fish’s platform API, website or apps .
b. Registration. To use any advanced features offered on the website in in LevelFish’s apps, the User may be asked to register their details. User agrees: (i) to provide the correct, accurate, current and complete information (“User Information”) about themselves using the registration form; and (ii) to maintain and update its User Information should any changes occur in order to maintain records as being correct, accurate, up to date and complete. If LevelFish has reasonable grounds to suspect that User Information is untrue, inaccurate, not current or incomplete, LevelFish.com may suspend or terminate User’s access to and use of the Website entirely in its own discretion. User is solely and fully responsible for maintaining the confidentiality of its username, password and, if applicable, and is solely and fully responsible for all activities that occur under at any time on the site whether logged in or not. User agrees to immediately notify Company of any unauthorised use of User’s Credentials or any other breach of security. Company cannot and will not be liable for any loss or damage whatsoever arising from User’s failure to comply with this Agreement in any part or whole.
5. Proprietary Rights.
All rights and permissions not expressly granted in this Agreement are reserved by Company. a. For the term of this Agreement, and unless as otherwise agreed by Company in writing, LevelFish.com grants User a limited, revocable, non-exclusive, non-transferable, non-assignable, non-sub-licensable right and license to use, for User’s personal and non-commercial purposes. The foregoing is an express limited use license and not an
assignment, sale, or other transfer of any IP, patents, copyrights, trade secrets, moral rights, trademarks, know-how, or any related or other rights or interests or other intangible assets recognised under any laws, regulations, or international conventions,
in any country or jurisdiction in the world (collectively, “Intellectual Property Rights”) of Company or its licensors. Subject to the terms of Section 6, any rights not expressly licensed pursuant to this section are reserved and upon termination of this Agreement, all rights which are licensed shall terminate.
b. User hereby grants Company an unlimited, irrevocable, non-exclusive, transferable, assignable, sub-licensable right and license to use any requested content for any purpose including, without limitation, developing the LevelFish™ technology engine, providing relevant experiences to User, and generating the output in paraphrase or any other forms when using any of the free to access versions of the technology. The non-
exclusive license hereby granted to Company under this Section will extend to any associated Intellectual Property Rights in the Content Submitted for paraphrasing and will continue in perpetuity, notwithstanding the termination of this Agreement.
c. To the fullest extent permitted by law, Company will own all rights, title, and interest in the Output including, without limitation, all Intellectual Property Rights therein. Company hereby grants to User a limited, revocable, non-exclusive, transferable, assignable, sub-licensable right and license to use the Output, and Intellectual Property rights which may be contained therein, solely for User’s own purposes.
6. Website Prohibitions.
User agrees that it may NOT: (a) use the Website or any content output from the website for any unauthorized purpose including, without limitation, exceeding usage limitations; (b) interfere with or damage the website and technology including, without limitation, through the use of viruses,
spyware, malware, harmful code, flood pings, denial of service attacks, packet or IP spoofing, forged routing, or any methods that in any way reproduce or circumvent the normal way the website and paraphrasing content is accessed; (c) use the Website to collect, store, or distribute
any information about any other person or organisation; (d) use to website to create infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material, including material harmful to children or in violation of any third-party privacy rights; (e) use the website to
impersonate any person, company, or entity; (f) modify, sublicense, assign, give, transfer, translate, sell, resell, reverse engineer, decipher, decompile, or otherwise disassemble any code, data, content, or information available through the website or any software components used on or for the website or access thereto; (g) attempt to gain unauthorized access to the LevelFish engine or its related systems or networks; (h) use any third-party software or scripts to collect information from or through the website; (i) use the website to disseminate, store, or transmit files, graphics,
software or other material that actually, impliedly, or potentially infringes the copyright, trademark, patent, trade secret, trade name or other Intellectual Property Right of any person, entity, partnership, organisation, association or otherwise; (l) adapt, translate, or create any derivative
paraphrases from the website or merge the website into any other software or website; (m) use the website to create, train, or improve (directly or indirectly) a similar product, service, or Website, including any other machine learning algorithms or machine translation or paraphrasing system;
(n) use or retain translated text or any other website output data for the purpose of creating, training, or improving (directly or indirectly) a translation service, product, or platform, including any other machine learning algorithms or machine translation or paraphrasing system; (p) display or make available, publicly, more than 250 characters of website output or input and output in a way which compares the request and results in any way online (o) unless otherwise agreed by Company and User in writing, use the website to augment datasets to improve any natural language processing or Natural Language Understanding systems; or (r) assist any third-party in doing any of the foregoing.
7. Security of User’s System.
User shall be solely responsible for the security, confidentiality, and integrity of all content that User receives, transmits through the website or any other form of access and on any computer, mobile device, or other access method to reach and use the website.
8. Limited Liability.
a. COMPANY ITS AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUCCESSORS, OR ASSIGNS (“ LEVELFISH.COM “PARTIES”) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO: (I) THE WEBSITE’S AVAILABILITY; (II) THE ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR
THIRD-PARTY, WHETHER ONLINE OR OFFLINE; (III) ANY WEBSITE CONTENT; (IV) ANY GOODS OR SERVICES ACQUIRED AS A RESULT OF ANY INFORMATION OBTAINED, ADVERTS OR TRANSACTIONS ENTERED INTO THROUGH THE USE OF THE WEBSITE; OR (V) ANY USE OF GOODS OR SERVICES MADE AVAILABLE ON ANY INTERNET RESOURCE OR WEBPAGE LINKED TO THE WEBSITE. THE LEVELFISH.COM PARTIES
SHALL NOT BE HELD RESPONSIBLE FOR TECHNICAL MALFUNCTIONS OF ANY SYSTEM, CELLULAR NETWORK, CABLE SYSTEM, COMPUTER EQUIPMENT, SERVER, PROVIDER, OR SOFTWARE. THE PARTIES SHALL NOT BE HELD RESPONSIBLE FOR ANY INJURY OR DAMAGE TO USER’S COMPUTER OR EQUIPMENT RESULTING FROM ACCESS TO OR USE OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, WEB PAGE
VIEWING, FILE DOWNLOADING OR STREAMING, SERVER USE OR ACCESS, OR FOLLOWING WEBSITE LINKS. USER ACCESSES THE WEBSITE AT HIS/HER OWN RISK AND IS SINGULARLY RESPONSIBLE FOR ANY LOSS, DAMAGE, OR COSTS INCURRED DURING SUCH ACTIVITY. THE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON OR RECEIVED FROM THE WEBSITE, REGARDLESS OF THE CAUSE OF SUCH INACCURACY. THE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY CONDUCT OF ANY USER OF THE WEBSITE. THE PARTIES SHALL NOT BE RESPONSIBLE FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, OPERATIONAL DELAY, COMMUNICATION LINE FAILURE, OR THEFT, BREACH, DESTRUCTION, OR ALTERATION OF USER’S COMMUNICATION. NO DATA OR INFORMATION OBTAINED FROM THE UTTERANCEI.COM PARTIES SHALL CREATE ANY WARRANTY.
b. THE PARTIES’ AGGREGATE LIABILITY TO USER OR ANY THIRD-PARTY, IN ANY MATTER ARISING FROM OR RELATED TO THE WEBSITE OR THE AGREEMENT, SHALL NOT EXCEED THE SUM OF TEN POUNDS (£20.00).
c. USER’S ACCESS OR USE OF ANY THIRD-PARTY INTERNET RESOURCE LINKED TO OR FROM THE SOFTWARE, OR USER’S USE OF SERVICES FROM THIRD-PARTY INTERNET RESOURCES LINKED TO OR FROM THE SOFTWARE, IS MADE AT USER’S OWN RISK. USER HEREBY RELEASES PARTIES FROM ANY AND ALL DAMAGES WHATSOEVER USER SUFFERS FROM USER’S ACCESS TO THIRD-PARTY INTERNET RESOURCES, AND
USER AGREES NOT TO MAKE ANY CLAIMS AGAINST THE PARTIES ARISING FROM USE OF SERVICES MADE AVAILABLE THROUGH THE WEBSITE OR THROUGH ANY OTHER THIRD-PARTY INTERNET RESOURCES, ADVERT OR LINK.
d. THE PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM THE FAILURE, BY ANY PARTY, TO PROTECT USER PASSWORDS OR ACCOUNT INFORMATION. THE PARTIES SHALL NOT BE LIABLE FOR ANY FAILURE OR PERFORMANCE DELAY UNDER THE AGREEMENT DUE TO CIRCUMSTANCES BEYOND THE PARTIES’ CONTROL INCLUDING, BUT NOT LIMITED TO, ACTS OF GOD, GOVERNMENTAL ACTS, LAWS OR REGULATIONS, TERRORISM, LABOR STRIKES OR DIFFICULTIES, COMMUNICATION SYSTEM INTERRUPTIONS, HARDWARE OR SOFTWARE FAILURES OR ANY TRANSPORTATION INTERRUPTIONS. THE PARTIES SHALL NOT BE LIABLE FOR ANY ILLEGAL, ABUSIVE, OR OTHERWISE INAPPROPRIATE ACTIVITY PERFORMED BY USER INCLUDING, WITHOUT LIMITATION, USING THE= WEBSITE TO INFRINGE THE COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHT(S) OF ANOTHER. THE PARTIES SHALL NOT BE LIABLE FOR COMPLIANCE OR LACK THEREOF BY ANY THIRD-PARTY VENDORS WITH RESPECT TO ANY APPLICABLE LAWS AND REGULATIONS.
9. Indemnification.
a. Occurrence.
User agrees to defend the Parties to the fullest extent permitted by law, against any and all claims, demands and/or actions and indemnify and hold the Parties harmless from and against any and all losses, damages, costs and expenses, including reasonable legal fees, (each a “Claim), regardless of whether such Claim is due to a Party’s active or passive negligence, arising out of or relating to: (i) any User breach of any provision of this Agreement and/or any representation or warranty identified herein; (ii) User’s use of the Website, including any data or information transmitted or
received by User; (iii) any unacceptable use of the Website by User including, without limitation, any statement, data or content made, transmitted, or republished by User which is infringing or otherwise prohibited as unacceptable in Section 6; or (iv) any expenses Company incurs in enforcing this Section including, without limitation, reasonable legal fees and costs.
b. Procedures.
Company will promptly notify User of any claim or action with respect to any claim for indemnification hereunder, and User will undertake the defence or settlement and all related costs and expenses of any claim or action for which it has an indemnification obligation. User will have the right to settle or compromise any action to which its indemnification is applicable, except that User may not agree to any settlement without the prior written consent of Company if such settlement would cause Company to undertake any action, assume any liability, pay any monies, or acknowledge any wrongdoing or have a judgment entered against it. Notwithstanding the foregoing, Company will have the right to undertake the defence of any claim asserted against it at User’s expense in the event that:
(i) User fails to assume the defence of such claim;
(ii) Company reasonably determines that an adverse outcome could be material to Company’s business;
(iii) there are conflicts between User’s and Company’s interests in such litigation; or
(iv) Company reasonably believes that User does not have the financial resources needed to satisfy its indemnification obligation in the event of an
adverse outcome.
10. Privacy Policy.
User agrees to accept Company’s Privacy Policy, available at www.LevelFish.com/privacypolicy
11. Severability.
If any provision of this Agreement is held invalid or unenforceable by any court of Law, the other provisions of this Agreement will remain in full force and effect. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
12. Assignment.
Company may assign any of its rights or delegate any of its obligations hereunder to any person or entity at any time without User’s consent. User may not assign any of its rights or delegate any of its obligations hereunder to any person or entity.
13. Survival.
Sections 3, 5-6, 9-10 and 12-13 shall survive the termination of this Agreement
14. Term and Termination.
This Agreement remains effective from the moment User accesses or uses any LevelFish service unless or until it is terminated. This Agreement will terminate automatically without notice from the Company if User fails to comply with any provision of this Agreement. Company reserves the right,
in its sole discretion and without prior notice to User, at any time and for any reason, to: (i) remove or disable access to any and all parts of the Company website at any time; (ii) suspend User’s access to any or all parts of the Company website; and (iii) in Company’s sole discretion to
terminate this Agreement without any cause whatsoever at any time.
15. Termination of Services and User’s Access.
TO CHANGE OR CANCEL USER’S ACCESS AT ANY TIME, USER MAY EMAIL INFO@LEVELFISH.COM AND PUT “UNSUBSCRIBE” IN THE EMAIL SUBJECT HEADER WHERE ALL DATA WILL BE PURGED WITHIN 28 DAYS OF RECEIVING SUCH REQUEST, WHERE A USER HAS BEEN PREVIOUSLY REGISTERED TO USE THE SERVICE.
16. Law.
This Agreement will be interpreted in accordance with the laws of England and Wales.