Last Revised on: 04.09.2023
Welcome to Assista!
We are Assista, Inc ('Company', 'we', 'us', or 'our'), a company registered in Delaware, USA.
We operate the website https://assista.us (the Website) and the https://assista.chat platform (the 'Platform'), as well as any other related products and services that refer or link to these legal terms (the 'Terms').
You can contact us by phone at (+40)729718190, email at firstname.lastname@example.org, or by mail to 651 North Broad Street, Suite 201, Middletown, DE 19709.
IF YOU DO NOT AGREE WITH ALL OF THESE LEGAL TERMS, DO NOT ACCESS OR USE THE SERVICES.
Assista is an innovative AI-powered conversational platform that not only addresses the problems of longer response times and decreased customer satisfaction but also revolutionizes customer interactions across various sectors. When you use the Service, you’ll have access to a variety of content provided by Assista but you also have the option to upload your own content (“User Content”) which you have full control and responsibility over.
You may use the Service only if you can legally form a binding contract with Assista and are legally permitted to do so. By using the Service, you represent and warrant that you have the full right, power and authority to agree to and be bound by these Terms and to fully perform all of your obligations hereunder.
The Services is not intended to be used by minors. The Services are intended for users who are at least 18 years of age. Any use or access to the Services by anyone under 18 years old is strictly prohibited.
II. Using our Services
Assista is an AI tool that empowers businesses to streamline their operations by having access to a custom AI suited to their needs. When you use the Service, you’ll have access to a variety of content derived from documents uploaded by you, which you have full control and responsibility over.
The information provided when using the Services is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Services from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
When utilizing the Services, it is imperative that you adhere to both these Terms and all pertinent laws. The ownership of all rights, title, and interest in relation to the Services is vested in us and our affiliated entities. This signifies that the comprehensive legal entitlements and beneficial aspects associated with the Services rest with us and our affiliated entities. It is important to recognize that by using the Services, you are acknowledging this proprietary relationship and agreeing to operate within the parameters of these established rights and regulations.
You grant to Assista a worldwide, royalty‐free, non‐transferable, and non‐exclusive license during the Term to use Your Branding to publicize or advertise that you are using the Service (for example, by using your marks in presentations, marketing materials, customer lists, financial reports and website listings, including links to your website.
Contingent upon your fulfillment of the payment obligations outlined below or subject to a free trial, as well as your strict adherence to all stipulations detailed herein, Assista confers upon you a revocable, non-exclusive, non-transferable, and non-sublicensable license. This license allows you to access and employ the Services solely for the purposes of your internal business operations. This access is granted exclusively to Authorized Users, in full accordance with the terms and conditions laid out in these Terms. In order to facilitate your access to the Services we will grant you with the requisite passwords and access credentials. Each person must have a unique account and you are responsible for any activity conducted on your account.
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable licence to:
To make the most of certain parts of our Services, you might need to share your own data with us. You have the choice to give input to the Services, which we call "Your Content." In return, you'll get the results produced by the Services using the input you provided. We call these results "Output."
With regard to ownership matters, and in accordance with relevant legal provisions and the terms binding both parties, you retain full rights to Your Content.
We, on the other hand, reserve the prerogative to access the Content as needed for the facilitation and sustenance of the Services, compliance with pertinent legal obligations, and the maintenance of our established policies. It's up to you to manage your content ensuring its compliance with all applicable legal frameworks and the stipulations enshrined within these Terms.
This applies to any information you share on the platform, such as profile details, comments, files, documents and other content uploaded. We do not claim ownership of your content; what you create or upload stays yours.
Your Content will not be used to enhance our services.
You represent and warrant that you own all rights, title, and interest in and to your User Content or that you have otherwise secured all necessary rights in your User Content as may be necessary to permit the access, use and distribution thereof as contemplated by these Terms.
By sharing, posting, displaying, or otherwise providing any of your Contributions through our Services, you're confirming that you have all the necessary rights.
You agree not to upload any content, or use our platform directly or indirectly, in any manner that:
You further agree that your information will not contain third- party copyrighted material, or material that is subject to other third- party proprietary rights, unless you have permission from the rightful owner of the material or you are otherwise legally entitled to post the material and to grant us all of the license rights granted herein. We do not permit copyright infringing activities and infringement of intellectual property rights on the Website and/or Platform, and we will remove content if properly notified that such content infringes on another's intellectual property rights. We reserve the right to remove content without prior notice subject to the applicable laws.
We will use reasonable efforts to investigate notices of alleged infringement. If we in our sole discretion reasonably believe an infringement has taken place, and consistent with applicable laws, will take appropriate action, which may include removing or disabling access to the content claimed to be infringing and/or terminating accounts and access to the Website and/or Platform.
Usage of our Service for the purpose of discrimination, particularly on grounds of race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, is strictly disallowed and will not be tolerated. Using the Service in a manner that has the potential to incite, endorse, or back such discriminatory actions is prohibited. Furthermore, utilizing the Service to provoke or advocate hostility or violence is strictly prohibited. Should we independently determine that your utilization of the Service involves discrimination, particularly rooted in factors such as race, religion, sex, sexual orientation, age, disability, ancestry, or national origin, we hold the right to permanently or temporarily terminate or suspend your access to the Service, with no prior notice and without incurring any
liability, for any valid reason.
If you submit any feedback, comments or suggestions for improvement in connection with our Services, we retain our right to take those into consideration or not, without compensating you in any manner, at our sole discretion and without restriction.
By using our platform, you have the option to create or join a shared workspace, allowing you to collaborate with members of your team. In the shared workspace, you can collectively access and use various features and functions of the platform. Members added to your shared workspace will have access to all information, data, and content uploaded or shared within that workspace. This includes but is not limited to text, files, documents, messages, and prior conversations. It is crucial to note that any information uploaded to the shared workspace will be visible and accessible to all workspace members. It is of utmost importance to exercise discretion and caution when adding members to your shared workspace. Only add individuals to the shared workspace whom you wish to share data and information with, as all data within the workspace will be accessible by all members.
Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.
III. Intellectual Property
All content, features, and functionality available through the Website, including but not
limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical
drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are either the proprietary property of us, our affiliates, or licensors and are protected by United States and international intellectual property and proprietary rights laws. We reserve any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without our prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials. Please note that this limited consent may be revoked at any time by us and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any database or other compilation. Any other use of the Materials is strictly prohibited. You further agree that you will not systematically extract, collect or harvest through electronic means or otherwise, any data or data fields from the Website, including but not limited to customer identities or other personal information.
All registered and unregistered trademarks visible or accessible through our Website are
trademarks of Assista, or licensors and may not be copied, imitated, or used in whole or
in part without the prior written permission of Assista, or its owners. All page headers,
customer graphics, button icons, and scripts are service marks, trademarks, and/or trade
dress of ours or our affiliates and may not be copied, imitated or used in whole or in part
without prior written permission from us.
Assista shall not be held liable for any damages, including but not limited to direct, indirect, incidental, special, or consequential damages, arising from your use of the services or any third-party damages caused by your wrongful use, copying, or distribution of the software or content. It is your responsibility to use the services in compliance with all applicable laws and regulations.
Any attempt to reproduce, modify, distribute, or create derivative works based on our software without prior written consent from us is expressly prohibited. Such actions may result in legal consequences. We are not liable for any third-party damages that may occur due to your misuse or unauthorized distribution of our software.
The use of our Service does not entail any transfer of intellectual property rights. Your access to our Service allows you the privilege of using our software and website, but it does not confer any ownership or proprietary rights to you.
The scope of your entitlement is limited solely to accessing and using the software for its intended purpose.
Any breach of these Intellectual Property Rights will constitute a material breach of our Legal Terms and your right to use our Services will terminate immediately.
IV. Purchases and payment
All Fees associated with your account must be settled in accordance with the prices and terms outlined on the relevant pricing page or as mutually agreed upon through written communication. We retain the right to rectify any pricing errors or inaccuracies, even in cases where an invoice has already been issued or payment has been received.
It is imperative that you provide accurate and comprehensive billing information, which should include a valid and authorized payment method. We will carry out periodic charges to your chosen payment method, with the flexibility to reasonably modify the date of the charge posting as necessary. By providing your consent, you grant us, our affiliated entities, and our designated third-party payment processors the authorization to initiate charges to your payment method for the specified Fees.
In the event that a payment transaction cannot be successfully processed, we will furnish you with written notification and may suspend access to the Services until payment is successfully received. All Fees are to be remitted in U.S. dollars and are due immediately upon the issuance of an invoice. Please be aware that payments are generally nonrefundable, except as expressly stipulated in this Agreement.
We accept various payment methods through Stripe, including, without limitation, Mastercard, Visa, and American Express. By using the Services, you agree to be bound by Stripe’s Services Agreement available at https://stripe.com/us/legal.
Unless explicitly indicated otherwise, the Fees outlined do not encompass federal, state, local, or foreign taxes, duties, and similar assessments, collectively referred to as "Taxes." It is your responsibility to cover all Taxes linked to your purchase, with the exception of Taxes calculated based on our net income. We reserve the right to issue invoices for such Taxes, and you consent to making prompt payments for these Taxes, along with providing us with supporting documentation of the payment or any other reasonable evidence we may request.
For tax purposes, we use the information furnished in your account registration, including your name and address, as the designated place of supply. It is crucial that you maintain this information with accuracy and ensure it remains up-to-date.
We reserve the right to modify our pricing for the services we provide. Changes to pricing will be communicated in the following manner:
Price increases will take effect 14 days after the date they are initially posted. In the event that a price adjustment is necessitated by legal requirements or obligations, such changes will be effective immediately upon posting. Any changes to pricing will be applied to the Fees associated with your account immediately following the effective date of the announced changes.
It is your responsibility to review and stay informed about any price changes posted to your account or on our website. By continuing to use our services after the effective date of such changes, you acknowledge and accept the revised pricing terms.
We offer a 7-day trial period for our Services, starting from the date of your registration or activation, during which you can access and evaluate our Services at no cost to you. This trial period is designed to allow you to experience the full range of our services and determine their suitability for your needs.
Upon the expiration of the 7-day trial period, you will have the option to subscribe to our Services on a paid basis or discontinue your use of our Services. If you choose not to subscribe, your access to the services will be automatically suspended, and your account will be deactivated.
Please note that we may require you to provide valid payment information at the beginning of the trial period. At the end of the trial period, if you do not cancel your trial subscription, your chosen payment method will be charged for the selected subscription plan.
We reserve the right to modify or terminate the trial period offer at our discretion, without prior notice. Additionally, if we suspect any abuse or violation of our terms and conditions during the trial period, we may terminate your access to the trial without notice.
By initiating the trial period, you agree to comply with our terms and conditions and acknowledge that the trial period is subject to the terms outlined herein.
You may cancel your subscription at any time; however, there are no refunds for cancellation. In the event that Assista suspends or terminates your account or these Terms, you understand and agree that you shall receive no refund or exchange for any unused time on a subscription, any license or subscription fees for any portion of the Services, any content or data associated with your account, or for anything else.
IV. Children Information
The Website/Platform is intended only for users over the age of eighteen (18).
We do not target the Website or our services to minors, who are under thirteen (13) (or a higher age threshold where applicable). You agree that you are not under thirteen (13) years of age. We do not intend to collect or process any information from anyone under the age of thirteen (13). If we become aware that a user is under thirteen (13) (or a higher age threshold where applicable) and has provided us with information, we will take steps to comply with any applicable legal requirement to remove such information. Contact us if you believe that we have mistakenly or unintentionally collected information from a person under the age of thirteen (13).
V. Third Parties
Our Website might include links to other websites, mobile applications, or social media platforms. We are not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms . Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction. Claims, complaints, questions, or concerns regarding other parties
should be directed to that party. We disclaim all responsibility for your access to other websites. We make no claims as to the truth or quality of any information found on any linked external website, and we have no control over their content. To safeguard your computer against viruses and other harmful software, you should exercise caution when downloading files from any website. Any links to other websites are provided as merely a convenience to the users of the Website.
VI. Warranty and Disclaimer
THE WEBSITE, AND THE INFORMATION ON OR AVAILABLE THROUGH THE WEBSITE, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE, WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE WEBSITE FOR INDEFINITE PERIODS OF TIME OR CANCEL IT AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO OUR WEBSITE, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE WEBSITE AND/OR OUR LITERATURE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
VII. Confidentiality and Personal Data
We take your privacy very seriously. Any personal data collected through this Website is
If your use of the Services involves the processing of personal data, you must provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you warrant to us that you are processing such data in accordance with applicable law. You are fully responsible to comply with all applicable laws and regulations.
You may be given access to Confidential Information of Assista, its affiliates and other third parties. You may use Confidential Information only as needed to use the Services as permitted under these Terms. You may not disclose Confidential Information to any third party, and you will protect Confidential Information in the same manner that you protect your own confidential information of a similar nature, using at least reasonable care. Confidential Information means nonpublic information that Assista or its affiliates or third parties designate as confidential or should reasonably be considered confidential under the circumstances, including software, specifications, and other nonpublic business information. Confidential Information does not include information that: (i) is or becomes generally available to the public through no fault of yours; (ii) you already possess without any confidentiality obligations when you received it under these Terms; (iii) is rightfully disclosed to you by a third party without any confidentiality obligations; or (iv) you independently developed without using Confidential Information. You may disclose Confidential Information when required by law or the valid order of a court or other governmental authority if you give reasonable prior written notice to Assista and use reasonable efforts to limit the scope of disclosure, including assisting us with challenging the disclosure requirement, in each case where possible.
If you are a California resident or resident of a state with a similar applicable law, you hereby expressly waive California Civil Code section 1542 in connection with the foregoing (or such other similar applicable law in your state), which states: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
If any provision of these Terms will be found to be unlawful, void or unenforceable, then such provision shall be removed without affecting the enforceability of all remaining provisions.
XI. Arbitration and Dispute Resolution
You and Assista agree to resolve any claims relating to these Terms or our Services through final and binding arbitration, except that you have the right to opt out of these arbitration terms, and future changes to these arbitration terms, by emailing _____ within 30 days of agreeing to these arbitration terms or the relevant changes.
We would like to understand and try to address your concerns prior to formal legal action. Before filing a claim against Assista, you agree to try to resolve the dispute informally by sending us notice at ________ of your name, a description of the dispute, and the relief you seek. If we are unable to resolve a dispute within 60 days, you may bring a formal proceeding. Any statute of limitations will be tolled during the 60-day resolution process.
XII. Governing Law
All communications shall be made in writing. We reserve the right to send notifications to you through the information supplied during registration or the email address associated with your utilization of the Services.
XV. Contact Information