Terms of Use

Thank you for choosing our Creator and Seeker service (the “Services”) provided by YOCTOL.AI platform (the “Platform”) (“we,” or “us”). Please carefully read and review the Terms of Use (the “Terms”) before using our Platform. The terms apply to both Creator and Seeker Services. By registering on, and accessing the Platform, you (“user,” “you,” or “your”) acknowledge that you have read and agreed to the Terms. All content on this page constitutes part of your agreement with us. If you do not agree with any part of the Terms, please stop using the Platform’s services.

Services

Creator

1. All accessing rights to the comprehensive software services provided by our AI chatbot to the users, including any updates, enhancements, new functions, newly-added editing functions, are subject to the Terms. These Terms apply equally to non-paying users.
2. With the help of natural language understanding (NLU), Creator can broadcast messages and auto-reply to messages to facilitate conversations between you and your fans, making it easier for you to market products, promote policies, or identify needs.
3. For the chatbot to go-live and become available for interactions with your fans, you must link your messaging platform account (including but not limited to Facebook Page and LINE official account; “Messaging Platform Account”) to the chatbot.
4. By default, the user who built the chatbot is the Project Owner. Project Owner can give other users access as collaborators of the chatbot. Project Owner can also transfer the ownership and its corresponding privileges and obligations to another user. Project Owner will be charged according to the chatbot plan.
5. Creator Lite provides basic services of chatbot building whereas Creator Standard gives you accessibility including but not limited to NLU engine feature, more flexible CRM feature, lower cost per engaged fans and more. To learn more about pricing, please see here: https://yoctol.ai/creator/pricing/
6. One Facebook Page can only be connected to either one Creator or Seeker project at a time.

Seeker

1. Seeker is an AI fans analytics and management tool for marketing (hereinafter called “the analytics tool”), providing users access to fans’ interaction analytics on Facebook Page. All accessing rights to Seeker including any updates, enhancements, new functions, newly-added editing functions, are subject to the Terms. These Terms apply equally to non-paying users.
2. Seeker uses AI technology to calculate and analyze fans’ interaction intimacy, helping users to label, auto-reply and broadcast to specific fans for effective marketing.
3. Only Admin of the Facebook Page is authorized to connect the Page to the analytics report. Once the analytics report is connected, user can have access to fans analytics.
4. By default, the user who linked the Page to Seeker and created the analytical reports is the Report Owner. The Report Owner can give other users access as collaborators of the analytics report. Report Owner can also transfer the ownership and its corresponding privileges and obligations to another user. Report Owner can use a Seeker’s plan for free or be charged according to the type of the plan.
5. Please be advised that the user should inform all fans on Facebook Page that the Page is using a third-party analytic tool that collects all behaviors of fans on the Page, which includes but is not limited to likes, comments, inbox messages, and clicks. Should the fans of a user’s Facebook Page not agree to the above statement, it is advised that they stop browsing the Page.
6. Seeker Free provides analytic reports for Facebook Page and 1 post event for free whereas Seeker Essential/Pro provides features including but not limited to broadcasting, post events, download of fans list, and the increment of keyword messages and the number of tracking URLs . To learn more about pricing, please see here: https://yoctol.ai/seeker/pricing

Your responsibilities to your user account

1. Accounting sharing is prohibited. You shall use the services solely as contemplated in the Terms. You may only use our services by logging into the Platform. Legal actions will be taken against all attempts to gain unauthorized access to our website systems.
2. You shall keep your username, password, and other account details confidential, and you are responsible for all activities and any other actions taken in connection with your account, including, but not limited to, any expenses incurred.
3. You agree to notify us immediately of any unauthorized access or unusual activities in your account, and take appropriate legal actions to protect personal or company interests. We may ask you to provide personal information or company information as necessary, and we may arbitrate the ownership of the disputed account.
4. You shall be held liable for losses or damages incurred to us or any third parties due to someone else using your account or password as a result of your failing to keep your account secure, or willingly sharing account information.

Compliance with laws and applicable regulations

You are solely responsible for all content uploaded or published to the Platform and the subsequent communications, including, without limitation, text, image, audio, and visual files. When using the Platform, you agree to follow online etiquette and applicable regulations, and will not:

1. Distribute or publish any content or files of any formats that are in violation of trademark, copyright, patent, other intellectual property rights, or other proprietary rights;
2. Distribute or publish any content that is defamatory towards others, violence encouraging, discriminatory against or hostile towards specific or unspecific ethnicity, harassing, bullying, sexually explicit or features nudity, in violation of laws, public order and good morals, or other content that we deem inappropriate;
3. Sell products that are illegal to sell over the internet, including, without limitation, tobacco products that are addictive and may cause physical damages to the body, alcoholic beverages, guns, controlled drugs, and their delivery devices;
4. Distribute or publish links to an illegal content, including, without limitation, pirated software, illegal file sharing, fraud, gambling, information encouraging crime, other prohibited content, prank, virus, or privacy breach program;
5. Collect, process, and use personal information (including, but not limited to, real name, contact information, and internet habits) without obtaining consent from your users, or for purposes other than previously agreed; and
6. Guide others to subscribe to commercials or junk emails.

We do not pre-screen or monitor the content uploaded or published by user but reserves the right to immediately remove any content that we, in our sole discretion, consider being in violation of the Terms, and suspend or terminate the account. The user shall bear all legal responsibilities. We shall cooperate with competent authorities as required for the investigations. In the event of the above circumstances, we may not refund all or part of the fees paid.

Authorization of submitted content

1. As a chatbot building and management, and AI fans analytics services, we require a worldwide, full license from users, so we and the Messaging Platform Account that links with your chatbot may use, alter, reproduce, publicly transmit, adapt, and distribute the content you uploaded or published to your chatbot. This license is perpetual and shall survive the termination of the chatbot.
2. AI chatbot’s ability to efficiently reply to messages is crucial for a more stabilized system and comprehensive functions. You hereby agree to grant us a license to use any uploaded or published content and the operational behavior on the Platform for the purposes of platform optimization.
3. If you do not consent to the above-mentioned authorizations, do not upload or save submitted content, by any means, to the Platform.

Intellectual property rights

1. The software, program and all contents of the Platform, including, but not limited to, logo, trademark, text, image, video, service framework, website layout, and webpage design are the intellectual properties owned by us in accordance with the law. Without authorization, the user cannot use, alter, reproduce, publicly transmit, adapt, distribute, publish, publicly release the contents, and cannot reverse engineer, de-compile, or disassemble any function, software, and program. If you want to quote or republish the aforementioned contents, you shall obtain prior written consent from us. In case of violation, you shall be liable for losses or damages (including, but not limited to, litigation cost and attorney fee) to us according to law.
2. If you are involved in the infringement as mentioned above, we have the right to immediately suspend all or part of the operation of your chatbot, and suspend or permanently terminate your account.
3. If you believe your intellectual property right has been infringed on the Platform, please send the details of infringement and your contact information, together with the statement of intellectual property ownership to service@yoctol.com

Paid services

Rules

1. We use the third party service Stripe for payment service.
2. We charge on a monthly basis, payment will be issued on payment day according to the Terms. We do not provide refunds.
3. Project Owner may cancel the linked payment method at any time and set up a new payment method prior to the payment of the next bill in order to secure the total functionality of the chatbot/the analytics tool. Payments shall be only made by the Project Owner.
4. The Platform’s billing cycle is based on UTC+0.
5. Payments shall only be made with the user’s own credit card. If the user uses the credit card of another person (“Actual Payer”), it is deemed that he/she/they has legally obtained permission, and informed the Actual Payer of the payments. The user or Actual Payer may inquire into account information related to the payment, cancel the payment, or make updates to reflect changes to the Actual Payer’s personal information.
6. Termination of payments
   1. We do not offer refunds. If the user no longer wants to pay or use the service, the user can delete the bot or unlink the payment method.
   2. If a user unlink payment method, and payment fails in the next bill, the bot will be suspended within one week.
7. Force majeure events and acts beyond our reasonable control (including, without limitation, natural disasters, terrorist activities, riots, acts of government, connectivity issues between user’s website and the Platform, such as Facebook or LINE) to cause not functioning, information will be updated/announced on our website or Facebook Page.

Creator

1. Sign up is free. After signing up, users may build and manage chatbot for free during the 14-day free trial period. The user who built the chatbot is the Project Owner and may add other users as collaborators, or invite them to use the chatbot.
2. When the 14-day free trial ends, your chatbot project will automatically be charged according to the plan you selected and the number of fans you have. If you use Lite plan, part of the features will also be suspended until you upgrade to more advanced plans.
3. Billing rules
   1. We charge on a monthly basis through online payment processing platform Stripe following the Terms. Each bot’s payment cycle is based on the time it was built. Every chatbot project has a 14-day free trial. (The actual payment cycle depends on the first payment day, each bot will generate its own bill according to its payment time.)
   2. Pricing formula: Monthly fee for Lite/Standard plan + (number of fans * cost per engaged fan for Lite/Standard plan).
      1. For example, you created a bot project on November 1st. The billing date will be November 15th which is after the 14-day free trial. If you registered your credit card info on November 5th, payment will still be charged on November 15th. If you have a bot of the Lite plan, which costs USD 10 per month and USD 0.005 per fan. You have 1000 fans, you will be charged USD 10 + USD(0.005 × 1,000) = USD 15 on November 15th. The next bill is on December 15th, and so on.
      2. If you have a Lite Plan that you want to upgrade to Standard Plan, when you upgrade, you will need to pay Standard Plan fee and deduct the difference of the already paid Lite plan fee in proportion of the month. For example, you have subscribed to a Lite Plan and already paid on November 15 (original next payment is on December 15). You upgraded it to Standard Plan on November 29, then you will need to pay the Standard Plan fee (for the following month) and deduct the difference of the Lite Plan fee paid before, which was 15 days (November 15 - November 29). Therefore the fee is USD 100 - USD 10 × (15/30) = USD 95. Your next payment will also be updated to December 29.

      Plan	Plan Fee (/mo.)	Cost Per Engaged Fans (/mo.)
      Lite	USD 10	USD 0.005 per person
      Standard	USD 100	USD 0.01 per person

4. Payment
   1. If the bill is overdue, the chatbot will no longer reply to messages within one week. Chatbot will become available within one hour following the payment of the overdue bill.
   2. When a payment succeeds, the Project Owner will receive a receipt via email, Project Owner can also check and download the receipt in the Billing page in Account Settings.
   3. Under the circumstance when you delete your payment method and still do not provide a new payment method when the grace period ends or when you delete your project/chatbot (in which the bot stops replying), bills will no longer be generated. Please note that you will not be able to retrieve any data of the chatbot once the chatbot is deleted.
   4. If the bill is overdue, you have a seven-day grace period in which to pay the required fee. If the payment still fails when the grace period ends, the project will be suspended and the chatbot will stop replying. The project and the chatbot will only become effective within one hour following the payment of the next subscription.
   5. If you have previously upgraded your Lite Plan to Standard Plan and have paid, and want to change back to Lite Plan, you can change it in Settings; the change will be made effective on the next payment day. No refund provided.
5. Termination of payments
   1. If you no longer want to pay for Creator service, you can delete the project or delete the credit card information.
   2. If Project Owner deletes the credit card information, and the next payment fails to be charged within one week overdue, the bot will be suspended.
   3. If Project Owner deletes the project, subscription and payment will be terminated at once and no longer available. Creating a new project or using other projects to connect to the same Page or Line account does not reactivate the previous payment. Each new project will issue a new payment.

Seeker

1. Sign up is free. The user can create an analytics and management report (hereinafter called “the analytics report”) after linking a fan page to Seeker. Based on the needs, the user can choose to upgrade the plan. Seeker now provides the Free Plan, the Paid Essential Plan, and the Paid Pro Plan.
2. Billing rules

   Plan	Fee (/mo.)
   Free	Free
   Essential	USD 10
   Pro	USD 50

3. If Report Owner upgrades an analytics report to Essential/Pro plan, Report Owner should link the payment method to pay the current-month fee. Payment date is issued on a monthly basis. For example, if the Report Owner upgrades to Essential/Pro plan and pays on November 1st (a payment for November 1st to November 30), the next bill will be charged on December 1st.
   If payment fails during the payment day, the Essential/Pro plan report will be changed to Free plan and some features will be locked within one week.
   When a payment succeeds, the Report Owner will receive a receipt via email, Report Owner can also check and download the receipt in Billing page in Account Settings.
   If you have previously upgraded your Free Plan to Essential Plan and have paid, and want to change back to Lite Plan, you can change it in Settings; the change will be made effective on the next payment day. At the same time, several limitations will apply to the use of some services as the platform downgrades to Free Plan again (including but not limited to: Broadcast, Activation of Post and Keyword Replies, Number of Tracking URLs, and Fan List Download). No refund provided.
4. Payment method and billing rules
   1. We charge on a monthly basis. Billing Date is the day that the user upgrades the analytics report, then the payment of the report will be made every month at the same date.
   2. Billing method example:
      The user created an analytics report on November 1st, then upgraded it to Essential Plan on November 15th and linked the credit card to the account, then the system automatically discounted the monthly fee starting from November 15th to December 14th. The next Billing Date will be December 15th, and every 15th of the following months. (Important: The Billing Date of each analytics report will depend on the date it is upgraded. Each analytics report has an independent bill and invoice).
      In the wish of upgrading Essential Plan to Pro Plan, the user shall pay an amount consisting of Pro Plan Cost deducting the using days of the previously paid Essential Plan, and the platform will automatically renew the next Billing Date. In case the user wants to downgrade the plan back to Essential after paying for Pro Plan, the user can head to Settings of the analytics report and change it back to Essential Plan, then the payment will be done in the next Billing Date. No refund will be provided.
   3. Example of upgrade billing method
      The user linked the credit card and paid for Essential Plan on November 15th, meaning that the next Billing Date will be on December 15th. In case the user wants to upgrade Essential Plan to Pro Plan on November 29th, at the moment the user upgrades it, the platform will automatically discount the cost of Pro Plan but also deduct the amount from the use of Essential Plan in the past 15 days (November 15th to November 29th). Based on this example, the amount will be as follows: USD 50 - USD 10 x (15/30) = USD 45. The platform will automatically renew the Billing Date and set it as December 29th.
5. Termination of payments
   1. If you no longer want to pay for Seeker service, you can change to Free plan in Settings, or delete the credit card information.
   2. If the Report Owner deletes the credit card information, and the next payment fails to be charged within one week overdue, the project will be changed to Free plan, some features (including but not limited to Broadcast and download fans list) will be locked. No refund will be provided.
   3. If the Report Owner deletes the analytics report, subscription and payment will be terminated at once and no longer available. Creating a new report and connecting to the same Page does not reactivate the previous payment. Each new report will issue its own payment.

Interruption and suspension of services

The Platform adopts reasonably practicable technology and methods to maintain the proper functioning of our system and chatbot. Nevertheless, we reserve the right to interrupt or suspend the Platform’s services under the following circumstances:

1. The network equipment for the Platform is undergoing necessary maintenance and construction;
2. Unexpected breakdown of network equipment;
3. The network services the Platform uses is interrupted, suspended, or unavailable; and
4. Force majeure events and acts beyond our reasonable control (including, without limitation, natural disasters, terrorist activities, riots, acts of government, connectivity issues between user’s website and the Platform).
5. User’s bill is overdue.

Disclaimer

1. We only provide chatbot and AI Fans Analytics services according to the specifications announced, and functions made available by the Messaging Platform Account that your chatbot linked with, and does not undertake any warranties or guarantees for the service or content of the messaging platform.
2. We disclaim any warranties and indemnities for the interruption, delay or messaging-related defects caused by cloud hosting providers, hardware vendors, third-party service providers, and Messaging Platform Account that your chatbot linked with, or any defects and damages caused by other users’ intentional or negligent torts.
3. Except as expressly provided by law, in any case, our liability for losses or damages caused by the use of the Platform or chatbot by the user is limited to the actual damages, and does not include the losses of the interests, and the cumulative liability shall not exceed the equivalent of the amount paid by the user to us.

Termination

1. You may, at any time, unlink the chatbot, the analytics report and your Messaging Platform Account. You may also, at any time, access the Platform to delete the chatbot/report you built. When the chatbot/report is deleted, the link between your chatbot/report and Messaging Platform Account will also be removed.
2. If you need to delete your account and all account information saved on the Platform, you may send your request to service@yoctol.com
3. If you no longer want to use the Platform (including, but not limited to, switching to another chatbot building platform), you are responsible for the removal of the authorization that your Messaging Platform Account granted to the Platform.
4. To maintain the proper functioning of the Platform, and protect the rights and interests of our users, we reserve the right to, without prior notice, permanently terminate your account and remove all content uploaded or published to the Platform, and you shall be liable for losses or damages incurred to us and the Platform. Circumstances that may result in such termination include:
   1. User fails to comply with the Terms.
   2. A third-party claims rights to any content uploaded or published to the chatbot/report by the user, or files a complaint.
   3. User commits other material acts that may affect the proper functioning of the Platform.

Advertisement

We do not endorse the correctness, effectiveness, and credibility of the advertisements of products and services distributed or published on all platforms/media (e.g. Google, Facebook) in the form of text, image, animation, audio, visual, or any other format.

Governing law and courts

These Terms shall be governed by, construed and enforced in accordance with the laws of the Republic of China (R.O.C.), and the Taiwan Taipei District Court shall be the court of jurisdiction for the first instance.

Changes to and termination of the Terms

We reserve the right, at our sole discretion, to make changes or modifications to the Terms at any time. The updated Terms will become effective immediately upon publishing on our website. We will not notify you personally. We recommend that you check these Terms periodically for updates. The latest version can always be accessed by clicking the “Terms of Use” on the YOCTOL.AI website.

Your continued use of the Platform’s software and services after any updates to this Terms of Use constitutes your acceptance of the then-current Terms.

Questions about the Terms of Use may be sent to service@yoctol.com

Last updated: November 12, 2020