Last Updated on April 24, 2024
The present Terms and Conditions (the “Terms and Conditions”) apply to all individuals who use the operating systems of “Artificial Intelligence Agents” (“AIA”), accessed through our portal https://www.SEMANTIKS.com, https://www.SEMANTIKS.ai, https://consola.SEMANTIKS.com and other messaging applications such as WhatsApp, Telegram, Facebook Messenger, as well as through messaging communication protocols, SMS, MMS, or RCP developed by SEMANTIKS (hereinafter, “SEMANTIKS” or “Us”).
These Terms and Conditions establish the general conditions of use and govern the relationship between SEMANTIKS and the Users of SEMANTIKS (hereinafter, the “Users”). By using the AIA, the User declares that they have read, understood, and accepted to be bound by the statements and clauses set forth below.
Background
SEMTIKS has developed AIA as a service for companies, establishing a new channel of communication with users through various applications and digital media specific to each contracting company.
The use of AIA is governed by the applicable legislation of the United Mexican States. If a user accesses AIA from another country, they do so at their own risk and are responsible for complying with the applicable laws in their jurisdiction.
Statements of SEMANTIKS
SEMTIKS declares and guarantees:
To be a legally constituted entity in accordance with the laws of the United States of America.
To have as its main activity the development and operation of artificial intelligence solutions and intelligent agents designed to facilitate Users' interaction with services and access to information.
That the AIA are a product developed by SEMANTIKS to assist Users in accessing information and interacting with digital services provided by the contracting company.
Business User Declarations (“Client”)
The Client declares:
To be a legally constituted entity and have the legal capacity to enter into agreements in accordance with these Terms and Conditions.
To hire the AIA as a service to optimize the interaction with its end Users.
To comply with all local and international regulations governing its commercial activity and the use of digital and artificial intelligence tools.
End User Statements
The End User declares, under their own responsibility:
To be a natural person, over 18 years of age, with legal capacity to obligate themselves in accordance with these Terms and Conditions.
That they use the AIA to interact with intelligent agents provided by SEMANTIKS.
To acknowledge that all transactions, communications, or interactions made through the AIA will be attributable to the User.
Definitions
For the purposes of these Terms and Conditions, the defined terms shall have the meaning attributed to them below, regardless of whether they are used in uppercase, lowercase, singular, plural, or abbreviated form:
Console: The platform developed by SEMANTIKS for a Company to develop, configure, implement, and monitor the AIAs used by its Users.
AIAs: Artificial Intelligence Agents developed by SEMANTIKS.
SEMANTIKS: The entity responsible for the development and operation of the AIAs.
COMPANY: The entity that hires the services of the AIAs and uses the Console to manage its implementation.
End User: An individual who uses the AIAs to interact with the services provided by SEMANTIKS or the COMPANY.
Business User: A legal entity that hires the services of SEMANTIKS' AIAs for its own commercial purposes.
Object
The present Terms and Conditions aim to establish the general conditions applicable to the use of the technological solutions developed by SEMANTIKS, including, but not limited to, the Artificial Intelligence Agents (“AIA”) and the platform known as Console. These conditions shall apply to all interactions made by Business Users and End Users within the framework of the services provided by SEMANTIKS.
Contractual Use of the Console
License of Use
SEMANTIKS authorizes the Business User to use the Console under a limited, non-exclusive, non-transferable, non-commercial, and non-sublicensable license, granted “as is” and intended solely for business purposes. The Console allows the Business User to configure, manage, and monitor the AIA acquired as part of the services contracted with SEMANTIKS.The license will have a temporary nature, with its validity subject to compliance with the terms established in this document and to the active subscription of the corresponding services.
Plans and Contracted Services
Access to and use of the Console includes the possibility of contracting customized service plans according to the preferences and needs of the Company. The details of the services available are described within the Console itself and are subject to the specifications selected at the time of registration by the Business User.
Electronic Hiring
The Business User acknowledges and agrees that the use of the Console includes the ability to make electronic transactions, which have full legal validity. Such transactions include, but are not limited to, the contracting of services, acceptance of terms and policies, cancellations, and any other acts related to the operation of the AIA.
By electronically accepting any service or transaction, the Business User expresses their intention to bind themselves and to timely pay the corresponding fees and prices, in accordance with these Terms and Conditions.
Data Accuracy
The Business User and the End User guarantee that all data provided to SEMANTIKS during the use of services is truthful, valid, and up-to-date. SEMANTIKS will not verify the accuracy of such data, therefore any error, omission, or falsehood will be the sole responsibility of the corresponding User.
In the event that inaccuracies in the data cause damage or harm, the Business User or the End User release SEMANTIKS from all liability arising from such situations.
Validity
The subscription to the services contracted through the Console will have an indefinite duration, unless the Business User expressly requests the cancellation, blocking, or termination of the service. Such a request must be made in writing to the email provided by SEMANTIKS (adrian@SEMTIKS.ai) or through the options enabled within the Console.
Important Note: Cancellation does not exempt the Business User from fulfilling their payment obligations regarding the services provided up to the effective termination date.
Termination
SEMANTIKS reserves the right to unilaterally terminate, restrict, or suspend services by providing simple written notice to the Business User, without the need for specific cause. In case of termination by the Business User, they must ensure payment of all outstanding obligations up to the cancellation date.
Price and Payment Methods
Service Price
The Business User agrees to pay the fees described in the pricing section of the Console. Such fees may be modified periodically at the discretion of SEMANTIKS. In the event that a separate contract has been entered into, the prices will be governed by that agreement, unless otherwise provided in the Console.Payment Methods
All payments will be processed through the Stripe payment engine, using the following methods:Direct charge to credit card.
Direct charge to debit card.
Payments will be recurring monthly, unless the Business User modifies the payment method or cancels the service in accordance with the established provisions.
Payment Responsibility
The Business User declares that the resources used to make the payments come from legal activities and will provide valid and updated information for processing such payments. In case of non-payment, SEMANTIKS may suspend access to the services until the outstanding obligations are fulfilled.Collection Services
SEMANTIKS may resort to third-party collection services in the event of non-payment by the Business User. The latter agrees to cooperate in good faith for the settlement of any outstanding debt.
Billing
The Business User may request tax receipts by written notification to the email address provided by SEMANTIKS. It is essential to clearly demonstrate payment for the services in order to issue such receipts.
SEMANTIKS reserves the right to send notifications related to billing, promotions, improvements to the service, or modifications to the services to the email address associated with the registration of the User.
Disclaimer for Third-Party Services
Any charge, fee, or service offered through third-party portals, such as Stripe or banking institutions, will be governed exclusively by the terms and conditions of those third parties or applicable laws. The Business User releases SEMANTIKS from any liability related to the actions, errors, or delays of the third parties responsible for processing the payments.
Contractual Use of Artificial Intelligence Agents (AIA) by the End User
License of Use
SEMANTIKS grants the End User a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use the Artificial Intelligence Agents (AIA). This license is solely intended to allow the End User to interact with the AIA to access information, make inquiries, and perform specific interactions related to the services offered by the contracting Company.
The use of the AIA is conditioned on compliance with these Terms and Conditions and on the usage policies defined by SEMANTIKS. In case of improper use or contrary to these provisions, SEMANTIKS may immediately revoke the End User's access to the AIA without prior notice.
Purpose of Use
The AIA are technological tools designed to facilitate interaction between the End User and the services or products offered by the Company that hires the services of SEMANTIKS. The End User acknowledges that the AIA act as technological intermediaries and that any content, response, or interaction provided by the AIA is generated based on information provided by the Company.
Interactions and Activity Logging
All interactions made by the End User through the AIA will be electronically recorded for the purpose of service improvement, dispute resolution, and regulatory compliance. By using the AIA, the End User gives their express consent for SEMANTIKS to collect, store, and process these interactions in accordance with the provisions of the Privacy Policy of SEMANTIKS and applicable regulations.
Accuracy of End User Data
The End User declares that the information provided during their interactions with the AIA is true, complete, and up-to-date. SEMANTIKS will not be responsible for validating the accuracy of such information, so any consequences arising from errors, omissions, or falsehoods will fall solely on the End User.
Responsibilities of the End User
Proper Use:
The End User agrees to use the AIA solely for the intended purposes and in a manner that does not negatively affect other Users, the Company, or SEMANTIKS. It is strictly prohibited to:Use the AIA for illegal, fraudulent, or public order contrary activities.
Alter, attempt unauthorized access to, or manipulate the functioning of the AIA.
Generated Content:
The End User acknowledges that they are solely responsible for the statements, requests, or interactions made through the AIA and guarantees that such actions will not infringe on third-party rights, including intellectual property, privacy, or confidentiality rights.Exclusion of Liability:
The End User exempts SEMANTIKS from any liability arising from errors in the information provided to the AIA or from decisions made based on the responses generated by them.
Limitation of Liability
SEMANTIKS does not guarantee that the AIA will be available uninterrupted or that the responses provided will be complete, accurate, or error-free. The End User acknowledges that the AIA operate under an automated scheme and that, although designed to minimize errors, technological limitations may affect their performance.
SEMANTIKS will not be liable for direct, indirect, or consequential damages arising from the use of the AIA, except in cases of proven gross negligence or willful misconduct.
Validity and Termination
The End User's access to the AIA will be valid while:
The contracting Company maintains its commercial relationship with SEMANTIKS active.
The End User complies with the provisions established in these Terms and Conditions.
SEMANTIKS may revoke the End User's access to the AIA immediately and without prior notice in case of:
Improper use of the AIA.
Request by the contracting Company.
Non-compliance with applicable laws or these Terms and Conditions.
Relationship between the End User and the Contracting Company
The End User acknowledges that the services and interactions facilitated by the AIA are designed and configured according to the instructions and specific needs of the contracting Company. SEMTIKS will not be responsible for:
The content, accuracy, or quality of the responses provided by the AIA.
Decisions made by the End User based on interactions with the AIA.
General Prohibitions and SEMANTIKS Enforcement Rights
For the Business User
The Business User agrees not to engage in any of the following actions:
Exclusive Use for Authorized Users
Access or allow access to the Console and the Artificial Intelligence Agents (AIA) only to authorized and registered personnel.
Do not share access credentials with unauthorized third parties.
Intellectual Property
Do not use, display, reproduce, or frame the Services or any individual item within the Services, including the name SEMANTIKS, trademarks, logos, or other intellectual property information, without the express written consent of SEMANTIKS.
Do not use meta tags or other hidden texts that employ trademarks, logos, URLs, or product names of SEMANTIKS without express authorization.
Unauthorized Access
Do not access, manipulate, or use non-public areas of the Services, SEMANTIKS computer systems, or technical delivery systems of SEMANTIKS providers.
Do not attempt to access or search the Services or download content using unauthorized engines, software, tools, agents, devices, or mechanisms (including spiders, bots, crawlers, data mining tools, or similar).
Security and Vulnerabilities
Do not attempt to probe, scan, or test the vulnerability of any SEMANTIKS system or network, or breach any security or authentication measures.
Do not avoid, bypass, remove, disable, damage, decrypt, or circumvent any technological measure implemented by SEMANTIKS or its providers to protect the Services.
Unauthorized Business Activities
Do not use the Services for prohibited commercial purposes, for the benefit of third parties, or in any manner not authorized by these Terms and Conditions.
Do not sublicense, sell, rent, lease, transfer, assign, distribute, or exploit the Services or any part of them for commercial purposes.
Information Integrity
Do not forge TCP/IP header information or any part of the header information in emails or postings, nor use the Services to send false or misleading information.
Do not introduce content that is illegal, defamatory, obscene, abusive, invasive of privacy, fraudulent, or infringes on third-party rights.
Reverse Engineering and Software
Do not attempt to decipher, decompile, disassemble, or apply reverse engineering to the software used to provide the Services.
Do not modify, adapt, or hack the Services or modify any other website to falsely imply that it is associated with the Services or SEMANTIKS.
Interference with the Services
Do not interfere or attempt to interfere with any user's, host's, or network's access, including sending viruses, overloading, flooding, spamming, or bombarding the Services with emails.
Do not engage in actions that impose an unreasonable or disproportionately large load on the infrastructure of the Services.
Unauthorized Data Collection
Do not collect or store personally identifiable information from other users of the Services without their express permission.
Comply with all applicable laws regarding data protection and privacy.
Legal Compliance
Do not violate any applicable law or regulation, including but not limited to intellectual property laws, data protection, privacy, and export control regulations.
Do not incite, promote, or allow others to engage in any of the prohibited actions in this section.
For the End User
The End User agrees not to engage in any of the following actions:
Exclusive Use for Registered Users
Access the AIA only through authorized channels provided by the Company or SEMANTIKS.
Do not share access credentials (if applicable) with third parties.
Intellectual Property
Do not use, reproduce, distribute, or create derivative works based on the content or materials of SEMANTIKS without express authorization.
Do not use meta tags or other hidden texts that employ trademarks or logos of SEMANTIKS without consent.
Unauthorized Access
Do not access or attempt to access non-public areas of the Services or systems of SEMANTIKS.
Do not use unauthorized automated tools to interact with the AIA.
Security and Vulnerabilities
Do not attempt to probe, scan, or test the vulnerability of the SEMANTIKS systems or networks or violate security measures.
Do not bypass, disable, or interfere with security-related functions of the Services.
Unauthorized Business Activities
Do not use the AIA for unauthorized commercial purposes or for the benefit of third parties.
Do not sell, resell, or otherwise exploit access to the AIA.
Information Integrity
Do not provide false, inaccurate, or misleading information through the AIA.
Do not impersonate or misrepresent your identity or affiliation with any person or entity.
Reverse Engineering and Software
Do not decompile, reverse engineer, or attempt to extract the source code from the AIA or any related software.
Interference with the Services
Do not interfere with the normal operation of the AIA or the Services.
Do not introduce viruses, trojans, worms, or any other malicious or technologically harmful material.
Unauthorized Data Collection
Do not collect, store, or use personal information from other users without their consent.
Respect the privacy and confidentiality of the information provided through the AIA.
Legal Compliance
Do not engage in activities that violate applicable laws or regulations.
Do not incite or allow others to engage in prohibited actions.
Intellectual Property
All content and elements related to SEMANTIKS, including but not limited to technology, software, source code, interfaces, designs, texts, graphics, images, logos, trademarks, and any other material (hereinafter referred to as the "Content"), are the exclusive property of SEMANTIKS or its licensors and are protected by international intellectual property and copyright laws and treaties.
The Business User and the End User agree to respect all intellectual and industrial property rights pertaining to the Content. It is strictly prohibited to copy, reproduce, modify, create derivative works, distribute, transmit, display, publish, or exploit the Content in any way without the prior written consent of SEMANTIKS.
The use of the Services does not grant the User any rights or licenses over the Content, except as expressly permitted in these Terms and Conditions. Any unauthorized use of the Content will be deemed a violation of the intellectual property rights of SEMANTIKS and may result in appropriate legal action.
Personal Data and Privacy
SEMANTIKS, as the controller of personal data of the Users, commits to handling such information in accordance with applicable laws regarding data protection and privacy in the United States of America, as well as other applicable jurisdictions.
Collection of Personal Data
To access and use certain content and services offered through the Console and the Artificial Intelligence Agents (AIA), it is necessary for the Corporate User and the End User to provide certain personal data (hereinafter, “Personal Data”).
By accessing the Console or interacting with the AIA, the User authorizes SEMANTIKS to collect and process their Personal Data for the purposes set forth in these Terms and Conditions and in the corresponding Privacy Notice.
Use and Handling of Personal Data
The Personal Data provided by the User will be used for:
Service Provision: To facilitate access to and use of the Console and the AIA, and to provide technical and operational support.
Analysis and Studies: To conduct analysis, statistical studies, and usage metrics to improve our services, always in an aggregated manner and not individualized.
Promotion of Services: To promote our own or third-party services and products, provided that the User has granted their consent for such purposes.
Legal Compliance: To comply with legal obligations and requirements of competent authorities.
All information provided is treated confidentially and is handled solely by authorized personnel of SEMANTIKS.
Truthfulness and Accuracy of the Data
The User commits to providing true, complete, and up-to-date Personal Data. In the event that false, inaccurate, or incomplete information is provided, SEMANTIKS assumes no responsibility for any results or damages that may arise and reserves the right to deny or restrict access to services.
Confidentiality and Security
SEMANTIKS implements appropriate technical and organizational security measures to protect Personal Data against loss, misuse, unauthorized access, alteration, or destruction.
Personal Data will not be shared with third parties without the express consent of the User, unless required by law or by a competent authority.
Indicators and Statistical Data
The information provided by the User may be processed to generate indicators and statistical data that allow SEMANTIKS to make business decisions and improve its services. This data will be used in an aggregated and anonymous manner, without individually identifying the User.
User Rights
The User has the right to:
Access their Personal Data in the possession of SEMANTIKS.
Rectify any information that is inaccurate or outdated.
Cancel their Personal Data when they consider that it is not being used in accordance with the principles, duties, and obligations set forth in the applicable regulations.
Object to the processing of their Personal Data for specific purposes.
To exercise these rights, the User can contact SEMANTIKS via the email provided in the Privacy Notice.
Privacy Notice and Data Protection
For detailed information on the handling of Personal Data, Users must consult the Privacy Notice of SEMANTIKS. The End User consents to SEMANTIKS processing their personal data in accordance with the applicable Privacy Policy, available at https://www.semtiks.com/aviso-de-privacidad.
SEMANTIKS is committed to protecting the data of the End User and not sharing it with unauthorized third parties, except in cases provided by law or valid legal requirements.
By using the services of SEMANTIKS, the User acknowledges that they have read and accepted this Privacy Notice.
Advertising
SEMANTIKS may publicly list the Business User as a client and, subject to the brand guidelines provided by the Business User, use its trademark, trade name, and logo for marketing or promotional purposes. This usage will be limited exclusively to materials related to the promotion of the services offered by SEMANTIKS and will not imply any additional endorsement by the Business User.
Relationship between the Parties
The relationship between the Business User and SEMANTIKS is that of independent contractors. Neither party is an agent, legal representative, employee, partner, or participant in a joint venture of the other party for any purpose. Neither party will have, nor will represent to any third party that it has, the authority to act on behalf of the other party or to bind it in any way.
Force Majeure
None of the parties shall be responsible for delays or failures to meet their duties or obligations under these Terms and Conditions (except for obligations to pay overdue amounts) if such delays or failures are the result of causes beyond their reasonable control. These causes include, but are not limited to:
Labor disputes or strikes.
Shortages of materials or supplies.
Fires, earthquakes, floods, or other natural disasters.
Pandemics, epidemics, or enforced quarantines.
Acts of war, terrorism, or civil disturbances.
Governmental or regulatory actions affecting the performance of obligations.
The party affected by a force majeure event shall:
Notify the other party, as soon as reasonably possible, of the nature and extent of the event causing the delay or failure.
Make reasonable efforts to mitigate the effects of the event and resume performance of its obligations as soon as possible.
Disclaimer of Warranties
SEMANTIKS provides services "as is" and "subject to availability", without any guarantees of any kind, either express or implied. To the fullest extent permitted by applicable law, SEMANTIKS expressly disclaims:
Implied Warranties: Any implied warranty of merchantability, fitness for a particular purpose, satisfactory quality, peaceful enjoyment, and non-infringement of rights.
Performance Warranties: Warranties that the services will meet the specific requirements of the Business User or the End User, or that the services will be available continuously, securely, or error-free.
Content Warranties: Warranties regarding the quality, accuracy, timeliness, truthfulness, completeness, or reliability of any information or content provided through the services.
SEMANTIKS does not warrant that:
The services will be compatible with any specific system, device, or software.
Any errors or defects in the services will be corrected.
The services will be free from viruses or other harmful components.
The Business User and the End User acknowledge and agree that the use of the services is at their own risk and responsibility.
Artificial Intelligence Agents from SEMANTIKS
The Artificial Intelligence Agents of SEMANTIKS are designed exclusively as tools for generating results and do not constitute medical, legal, accounting, or any other type of advice provided by a certified or qualified professional. SEMANTIKS does not guarantee that the generated results are accurate, personalized, informative, or suitable for a specific purpose or use case.
SEMANTIKS does not declare or guarantee that the Business User is the legal owner of the results obtained, nor that the input data or results are protected by intellectual property rights. It also does not ensure that the results do not incorporate, infringe, or improperly appropriate the intellectual property or rights of third parties.
The Business User acknowledges that SEMANTIKS Tools may use third-party services. Consequently, SEMANTIKS is not responsible for such services, and the Business User agrees not to hold SEMANTIKS liable for actions derived from them. The risk of any damage or loss resulting from the use of third-party services lies entirely with the Business User.
The Business User is solely responsible for the use they make of the SEMANTIKS Tools and any results obtained through them. It is the responsibility of the Business User to evaluate the suitability and relevance of the results for their specific use case.
Console inaccuracies
The content of the Console and/or the services provided may contain inaccuracies or typographical errors. SEMANTIKS does not guarantee the accuracy, truthfulness, or completeness of the content and reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Console and/or the services. Furthermore, it may make changes to the features, functionalities, or content at any time and without prior notice.
SEMANTIKS, as well as its affiliates, directors, representatives, administrators, employees, shareholders, and agents, present or past, shall not be liable for errors or omissions in the contents of the Console or the services. The User agrees that the use of the Console and the services is at their own risk and responsibility.
Data Transmission to Third Parties and Acknowledgment of the Use of Closed Source Models
Transmission and Processing of Data by Third Parties
The Business User and the End User acknowledge and accept that all information and data provided through interactions with the Artificial Intelligence Agents (AIA), whether through communication applications or via the Console, will be transmitted and processed by external providers of artificial intelligence models. These providers use closed-source models to process this information.
SEMANTIKS uses these third-party services to offer advanced functionalities and improve user experience. However, SEMANTIKS has no direct control over the internal operation of these closed-source models or the data handling practices of these providers.
Data Sharing with Communication Applications
By using our services, the User also acknowledges that their data and information may be shared with the communication applications through which they interact with the AIA, such as WhatsApp, Telegram, Facebook Messenger, SMS, MMS, or other similar platforms. These applications may collect, process, and store information according to their own privacy policies and terms of use.
SEMANTIKS is not responsible for the privacy practices or data security of these communication applications. It is recommended that the User review and understand the policies and terms of these platforms before using them in conjunction with our services.
Consent and Acceptance of Terms
By accessing and using the services provided by SEMANTIKS, the Business User and the End User express their explicit consent and acceptance that:
Their data and information will be transmitted to external providers that use closed-source artificial intelligence models for processing.
Their interactions and data may be shared with the communication applications used to interact with the AIA.
They have read, understood, and fully accepted these terms, and may not claim ignorance or non-acceptance of them.
If the User does not agree with the transmission and processing of their data in the manner described, they should refrain from using the services of SEMANTIKS.
Limitation of Liability for Third-Party Services
SEMANTIKS shall not be responsible for the handling, use, or protection of the data once they have been transmitted to:
External providers of artificial intelligence models that use closed-source models.
Communication applications and messaging platforms through which the User interacts with the AIA.
The User agrees that the risk associated with the transmission and processing of their data by these third parties rests entirely with them. It is recommended that the User review the privacy policies and terms of use of these third parties to understand how they handle and protect their information.
User Rights and Options
The User has the right to:
Decide whether or not to use the services of SEMANTIKS, noting that their use implies acceptance of these terms.
Exercise their rights in accordance with applicable legislation and the Privacy Notice of SEMANTIKS, including rights of access, rectification, cancellation, or opposition regarding their Personal Data.
Contact SEMANTIKS for any inquiries or requests related to the handling of their data through the established channels.
Technical Support
SEMANTIKS offers the Business User and the End User technical support services to facilitate the use and enjoyment of the tools and functionalities of the Console and the Artificial Intelligence Agents (AIA). Support may be provided through various channels, including WhatsApp chat, email, or other means that SEMANTIKS considers convenient and feasible. The hours of service will be determined by SEMANTIKS and communicated to the User with prior notice.
This basic support service will be provided at no additional cost. However, SEMANTIKS reserves the right to charge for additional services, such as the customized implementation of specific tools or functionalities.
By requesting support, the User authorizes SEMANTIKS to access all information provided in the Console, without any limitation, in order to provide effective assistance. SEMANTIKS is committed to maintaining confidentiality and absolute discretion regarding any information it accesses during the support process, in compliance with privacy policies and applicable laws.
Background
SEMTIKS has developed the AIA as a service for companies, constituting a new channel of communication with Users through various applications and digital media specific to each contracting company.
Background
SEMTIKS has developed the AIA as a service for companies, constituting a new channel of communication with Users through various applications and digital media specific to each contracting company.
