Last updated date (Effective Date): August 15, 2024
These terms of service ("terms") establish the legal framework that governs your use of the current and future offerings provided by fetch.ai ("company, we, us, or our"), including any products, software applications, services, technology, and websites (see section 2 – service), and is an agreement between us and you or the entity you represent ("you" or "your").
By accessing the services through any means, including but not limited to completing the account registration process, the user or guest affirms that (i) they have read, understood, and agreed to abide by the provisions set forth in the terms and privacy policy, (ii) their age and legal capacity permit them to enter into an agreement with the company, (iii) they possess the authority to act on behalf of the entity they represent, and their representations are legally binding. Should the user decline to adhere to the terms delineated in these terms, they are prohibited from using the services of fetch.ai. Notwithstanding, in such an event, the user may initiate contact with the company via email at legal@fetch.ai to explore potential resolutions.
Unless expressly stated otherwise, the capitalized terms herein will have the following meanings:
Account – means individualized panels provided to the user for the purpose of utilizing the services.
Agreement – refers to a subscription agreement potentially entered into between the user and the company, outlining the extent of services provided and the associated fees for using the service.
Company – means fetch.ai, which is a trading name of uVue ltd..
Content – refers to any content, including but not limited to text, data, graphics, video, code, and other materials, which the guest or user creates, publishes, stores, or transmits on or through the use of the service.
Guest – means an entity using the service without an account.
Intellectual property – means any designations, inventions, utility models, industrial designs, works, and other manifestations of creative activity that are subject to the exclusive rights of the company.
License – means a non-exclusive right to personal use of the services.
Link – means hyperlink referring to the other website.
Notification – means a message sent to the user as part of the service.
Other websites – means websites other than any website in the service.
Password – means the user’s anonymized verification tool which enables the access to the account and is the sequence of signs possible to enter by using the keyboard of an electronic device, which also allows entering text messages in the amount and configuration invented by the user, however containing at least 8 signs.
Privacy policy – means the privacy policy, which defines the rules of personal data processing by the company, available under the following internet address: https://www.fetch.ai/privacy-policy.
Service – means the browser extension wallet, the wallet application on ios and android, http://agentverse.ai and any sub-domains, and https://fetch.ai and any sub-domains.
Terms – means these terms of service available under the following address: https://www.fetch.ai/terms-of-condition.
User – means an entity that owns the account.
The aforementioned definitions shall maintain their meanings irrespective of whether they are expressed in the singular or plural form.
Using the service constitutes full acceptance of the terms. These terms govern the relationship between the company and the guest or user exclusively. In instances where the service facilitates the provision of other services by third-party entities, such services shall be governed by the regulations set forth by those entities, and sole responsibility for service execution rests with said entities, unless the terms explicitly indicate otherwise. Each entity accessing the service is obligated to use it in accordance with its intended purpose as defined by the terms.
Account setup is facilitated through services. It needs registration, achieved by providing a company or personal email and password. Upon creating an account, you are obligated to provide us with accurate, complete, and up-to-date information at all times. Provision of inaccurate, incomplete, or outdated information may result in immediate termination of your account on the service. You bear the responsibility for maintaining the confidentiality of your account and password. You consent to assume liability for any and all activities or actions undertaken under your account and/or password, regardless of whether your password is utilized with our service or a third-party service. Prompt notification to us is mandatory upon discovering any security breaches or unauthorized use of your account. You are prohibited from utilizing an email belonging to another person or entity or one that is not lawfully available for use, as well as a name or trademark that is subject to the rights of another person or entity without appropriate authorization. Furthermore, you may not employ an offensive, vulgar, or obscene email, username, or name.
By creating an account, you have the option to consent to receive newsletters, marketing or promotional materials, and other information that we may distribute.
Currently, our services are predominantly accessible for free use, albeit with certain limitations on quota and constraints regarding compute resources used. However, in the near future, we intend to offer our services as a paid subscription service ("Subscription(s)"). Payments will be made in advance on a recurring and periodic basis ("Billing Cycle"). The billing cycles are established on either a monthly, 6-month, or annual basis, based on the type of subscription plan chosen upon purchasing a Subscription. At the end of each Billing Cycle, your Subscription will automatically renew under identical conditions unless either you cancel it or the Company terminates it. You retain the option to terminate Subscription renewal either via your Account settings or by reaching out to the Company at legal@fetch.ai.
A valid payment method, including credit or debit card, Apple Pay, or Google Pay, is requisite to facilitate payment for your subscription. You are obligated to provide the Company with accurate and complete billing details, including (i) full name, (ii) email address, (iii) country, (iv) business's legal entity name, (v) VAT tax number, and (vi) valid payment method information. By submitting such payment information, you automatically authorize the Company to charge all Subscription fees accrued through your Account to the designated payment instrument. In the event of automatic billing failure for any reason, the Company will generate an electronic invoice, stipulating that you must manually proceed, within a specified deadline date, with full payment corresponding to the billing period outlined on the invoice.
We reserve the right to decline or annul your order at any juncture for any reason, inclusive of but not confined to: service unavailability, inaccuracies in service description or pricing, errors in your order, or other grounds. Additionally, we reserve the right to reject or annul your order if suspected fraud or unauthorized or unlawful transaction activity is detected. Company disclaims responsibility for any additional fees, including taxes, levied by the pertinent authorities of the country in which the individual placing an order resides or is situated. Payment of such additional fees remains the responsibility of the individual placing the order.
The Company, in its sole discretion and at any time, may modify Subscription fees for the Subscriptions. Any Subscription fee change will become effective at the end of the then-current Billing Cycle. The Company will provide you with a reasonable prior notice of any change in Subscription fees to give you an opportunity to terminate your Subscription before such change becomes effective. Your continued use of Service after Subscription fee change comes into effect constitutes your agreement to pay the modified Subscription fee amount.
The Company reserves the right, at its sole discretion and at any time, to change Subscription fees for the Subscriptions. Any alteration in Subscription fees shall take effect at the conclusion of the ongoing Billing Cycle. The Company will provide you with reasonable advance notice of any modifications to Subscription fees, to give you the opportunity to terminate your Subscription prior to the implementation of such changes. Your continued use of the Service subsequent to the enactment of a Subscription fee alteration constitutes your consent to pay the revised Subscription fee amount.
Paid Subscription fees are non-refundable, except when mandated by law.
Our Services enable you to create, upload, publish, store, share, and otherwise make available certain content, including but not limited to, text, data, graphics, videos, code, or other material (see section 2 – Content). You hold responsibility, particularly to your customers, for the Content you create on or submit through the Service, including its legality, reliability, and appropriateness. By creating or submitting Content on or through our Service, you represent and warrant that: (i) the Content belongs to you (you own it) and/or you have the right to use it and grant us the rights and license as provided in these Terms, and (ii) the posting of your Content on or through the Service does not infringe upon the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain all your rights to any Content you create or submit on or through our Services, and you are responsible for safeguarding those rights. We bear no responsibility and assume no liability for Content created or submitted by you or any third party on or through the Service. However, by creating or submitting Content on or through our Services, you grant us the right and license to use, modify, publicly display, reproduce, and distribute such Content on and through our Services and to improve them. If you use the free version of the Service, we may use your Content to train our models. You can opt out of training through Account settings. Once you opt out, new conversations will not be used to train our models. We don’t use Content from our paid offerings to train our models (see section 7). The Company possesses the right, but not the obligation, to monitor and edit all Content provided by Users. The Guest and the User assume full liability for the Content, with the User specifically obliged to participate in proceedings initiated by third parties regarding the protection of their intellectual property rights and to indemnify the Company from any claims by persons authorized in this respect.
You are permitted to utilize our Services solely for lawful purposes and in compliance with the Terms. You consent not to employ our Services: in contravention of any applicable local, national, or international law or regulation; for the purpose of exploiting, harming, or attempting to exploit or harm minors in any manner, including exposing them to inappropriate content or otherwise; to transmit or solicit the sending of any advertising or promotional material, such as "junk mail," "chain letter," "spam," or any similar solicitation; to impersonate or endeavor to impersonate the Company, a Company employee, another User, or any other individual or entity; in any manner that encroaches upon the rights of others or is unlawful, threatening, fraudulent, or harmful; in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; to engage in any behavior that restricts or obstructs anyone's use or enjoyment of our Services, or that, as determined by us, may harm or offend the Company or Users of Services, or subject them to liability.
Furthermore, you agree not to: utilize Services in any manner that could incapacitate, overload, impair, or damage our Services, or interfere with any other party's usage of our Services, including their ability to engage in real-time activities through Services; employ any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or duplicating any material on the Service; use any manual process to monitor or duplicate any material on the Service or for any other unauthorized purpose without our prior written consent; utilize any device, software, or routine that disrupts the proper functioning of the Service; introduce any viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material; attempt to gain unauthorized access to, interfere with, damage, or disrupt any portion of the Service, the server on which the Service is hosted, or any server, computer, or database connected to the Service; perpetrate an attack on the Service through a denial-of-service attack or a distributed denial-of-service attack; engage in actions that may harm or falsify the Company's rating or otherwise attempt to interfere with the proper operation of the Service.
We may employ third-party service providers to monitor and analyze the usage of our Services, primarily aimed at enhancing our Services. One such service is Google Analytics, a web analytics service provided by Google that tracks and reports website traffic. Google utilizes the data collected to oversee and monitor the use of our Services, sharing this data with other Google services. Google may employ the collected data to personalize and contextualize advertisements within its advertising network. For further details regarding Google's privacy practices, please refer to the Google Privacy Terms webpage: https://policies.google.com/privacy?hl=en. Additionally, we encourage you to review Google's policy concerning the protection of your data: https://support.google.com/analytics/answer/6004245.
Hotjar is a web analytics service offered by Hotjar Ltd. that tracks and reports website traffic. Hotjar uses the data collected to track and monitor the use of our Services. For more information on the privacy practices of Hotjar Ltd., please visit the Hotjar Privacy Policy web page: https://www.hotjar.com/legal/policies/privacy/.
The Services and their original content (excluding Content), features, and functionality are and will remain the exclusive property of the Company and its licensors. They are protected by copyright, trademark, and other laws of the United Kingdom and foreign countries. Our trademarks and trade dress may not be utilized in connection with any product or service without the prior written consent of the Company. By using the Service, the Guest and the User do not acquire any rights to the Intellectual Property. Usage of the Intellectual Property for purposes other than those resulting from authorized personal use referred to in Article 23 of the Act of February 4, 1994, on Copyright and Related Rights, is prohibited. Upon registering an Account, the User is granted a License to use the Service in accordance with the corresponding Services and Features related to the paid tier of the Subscription, if applicable. This License is limited, non-transferable, revocable, non-exclusive, and granted for a period consistent with the conditions of the Subscription, if it exists.
The User is not authorized to grant a sublicense. Furthermore, the User shall refrain from modifying, reverse engineering, decompiling, disassembling, or attempting to derive source code from the Services, or any portion thereof. The User is also prohibited from creating and/or publishing APIs or otherwise proxying access to the Services, nor is the User permitted to employ our Services in an automated manner (i.e., by machine or computer program).
We uphold the intellectual property rights of others. It is our policy to address any claim asserting that Content created using or on the Service infringes on the copyright or other intellectual property rights ("Infringement") of any individual or entity. If you are a copyright owner or authorized representative thereof, and you believe that copyrighted work has been reproduced in a manner that constitutes copyright Infringement, please forward your claim via email to legal@fetch.ai, with the subject line: "Copyright Infringement". Your claim should include a comprehensive description of the alleged infringement, as outlined below in the "DMCA Notice and Procedure for Copyright Infringement Claims" section. Please note that you may be held liable for damages (including costs and attorney's fees) for misrepresentation or bad-faith claims regarding the infringement of any Content discovered on and/or through our Services related to your copyright.
You can file a notification in accordance with the Digital Millennium Copyright Act (DMCA) by furnishing our Copyright Agent with the following information in writing (please refer to 17 U.S.C 512(c)(3) for further details):
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest.
2. A description of the copyrighted work that you claim has been infringed, including the address of the agent where the copyrighted work exists, is exploited, or a copy of the copyrighted work.
3. Identification of the URL, agent address, or other specific location on the Service where the material that you claim is infringing is located or exploited.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
You can contact our Copyright Agent via email at legal@fetch.ai.
The Company endeavors, to the best of its ability, to assist Guests and Users in resolving issues related to the functioning of the Service. Furthermore, the Company takes actions to enhance the quality of the Service's operation and provision based on feedback provided by these entities. You may directly provide us with information and feedback regarding errors, suggestions for improvements, ideas, problems, complaints, and other matters related to our Service ('Feedback') via legal@fetch.ai.
You acknowledge and agree that:
(i) You shall not assert any intellectual property right or other right, title, or interest in or to the Feedback;
(ii) The Company may have development ideas similar to the Feedback;
(iii) The Feedback does not contain confidential or proprietary information from you or any third party; and
(iv) The Company is not bound by any obligation of confidentiality regarding the Feedback.
If the transfer of ownership to the Feedback is not feasible due to applicable mandatory laws, you grant the Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited, and perpetual right to use (including copy, modify, create derivative works, publish, distribute, and commercialize) the Feedback in any manner and for any purpose.
Our Services may feature links to other websites that are neither owned nor controlled by the Company. The Company lacks authority over and assumes no responsibility for the content, privacy policies, or practices of any other websites. We do not guarantee the offerings of any of these entities/individuals or other websites. You acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any other websites. We strongly advise you to read the terms of service and privacy policies of any other websites that you visit.
The Services are provided by the Company on an 'as is' and 'as available' basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the Services, or the information, content, or materials included therein. You expressly agree that your use of the Services, their content, and any services or items obtained from us is at your sole risk. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services. Without limiting the foregoing, neither the Company nor anyone associated with the Company represents or warrants that the Services, their content, or any services or items obtained through the Services will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services or the server that makes it available are free of viruses or other harmful components, or that the Services or any services or items obtained through the Services will otherwise meet your needs or expectations. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.
The Company shall not be held liable for the consequences of complying with the content of tips, articles, or other publications on the website or the Service, including the content provided by the AI computer. You acknowledge that the AI computer providing content in the Service and/or the website is not an expert and may be fallible, and therefore, you cannot rely on its answers or advice. In particular, it cannot substitute any professional recommendations. The Company shall not be liable to the customers of the User for the use of the Service and the content provided by the Service to the User’s customers. The Company shall not be liable for the consequences of installing or sending any malicious software, phishing, or any other practices undertaken by other entities using the Service. The Company shall not be liable for any interruptions in the operation of the Service. The Company shall not be liable for the consequences of events known as force majeure, including, but not limited to, power outages, fires, atmospheric phenomena, wars, riots, strikes, and other similar events beyond the control of the Company. Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage, however it arises (including attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is instituted), whether in an action of contract, negligence, or other tortious action, or arising out of or in connection with this agreement, including without limitation any claim for personal injury or property damage, arising from these terms and any violation by you of any local, national, or international laws, statutes, rules, or regulations, even if company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of company, it will be limited to the amount paid for the services, and under no circumstances will there be consequential or punitive damages. Some regions do not allow the exclusion or limitation of punitive, incidental or consequential damages, so the prior limitation or exclusion may not apply to you.
The Guest and/or User bears full responsibility for the outcomes of authorized or unauthorized distribution of any content accessible on the Website or the Service. This responsibility specifically pertains to Intellectual Property. It encompasses the Company's exemption from any claims in this regard if such claims are directed against the Company. The User is exclusively liable for any Content published, presented, sent, or otherwise provided during the use of the Service to the User’s customers.
The Company does not guarantee the continuous accessibility of the Service or the Website. The Company reserves the right to implement interruptions in the operation of the Website or the Service, or certain functionalities thereof. In the event of an intended interruption, the Company will provide notification by posting relevant information or a message on the Website or via the Company's social channels at least 3 days prior to the planned interruption. In cases of unintended interruptions in the operation of the Website or the Service, or certain functionalities thereof, the Company will promptly notify users by posting relevant information or messages on the Website or via the Company's social channels. Acceptance of the Regulations also signifies approval of the understanding that the Services may not be 100% reliable.
The company processes personal data with due diligence and implements appropriate technical and organizational security measures.
Comprehensive information regarding the protection of personal data is available in the Privacy Policy.
The company disclaims liability for the protection of personal data pertaining to users' customers who utilize the service.
Additionally, the company disclaims liability for the content and regulations concerning personal data protection and privacy on other websites, including those referenced by links.
The company shall not be held accountable for damages resulting from browsing other websites or posting personal data or other information on them.
Users are advised to review the rules regarding personal data protection and privacy on other websites, including those referenced by links, before utilizing them, particularly before disclosing their personal data or other crucial information.
We reserve the right to immediately terminate or suspend your account, and prohibit access to the service, without prior notice or liability, at our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the terms.
If you wish to terminate your account, you may simply discontinue using the service.
All provisions of the terms which, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These terms shall be governed and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these terms will not be considered a waiver of those rights.
If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect.
These terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding the service.
We reserve the right to withdraw or amend our service, and any service or material we provide via the service, in our sole discretion without notice.
We will not be liable if, for any reason, all or any part of the service is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the service, or the entire service, to users, including registered users.
We may amend the terms at any time by posting the amended terms on this site.
It is your responsibility to review these terms periodically.
Your continued use of the platform following the posting of revised terms means that you accept and agree to the changes.
You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
By continuing to access or use our service after any revisions become effective, you agree to be bound by the revised terms.
If you do not agree to the new terms, you are no longer authorized to use the service.
In the event of any discrepancies between these terms and the agreement (if concluded), the provisions of the agreement shall be applicable.
The aforementioned sentence also refers to the amendments of these terms introduced in the agreement.
No waiver by the company of any term or condition set forth in the terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under the terms shall not constitute a waiver of such right or provision.
If any provision of the terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of the terms will continue in full force and effect.
By using service or other services provided by us, you acknowledge that you have read these terms of service and agree to be bound by them.
If you wish to contact the company, please email us at: legal@fetch.ai