This User Agreement (here in after referred to as the "User Agreement") is located at: https://bigsister.ai/terms, is mandatory for all users and governsyour use as a user of the site and services of Big Sister AI Company, acorporation whose office registered in the State of Delaware at 651 N Broad St,Suite 201, city of Middletown, ZIP Code 19709, New Castle County (hereinafterreferred to as the "Big Sister AI Company").Hereafter, the use ofthe terms "you", "to you", "your", etc. refers toany user of the Big Sister AI Company site and services.The use of the term"parties" or "party" refers to Big Sister AI Company andany user of the site and Big Sister AI Company services, together orseparately, as parties or a party to this User Agreement, respectively. Please read the terms of this User Agreement before accessing and using Big Sister AI Company services.
1.1. Site –is the website https://bigsister.aiowned by Big Sister AI Company (here in after referred to as the "site", "BigSister AI Company site").
1.2. Big Sister AI Company – is a corporation withits registered office in the State of Delaware at 651 N Broad St, Suite 201, cityof Middletown,ZIP Code 19709, New Castle County.
1.3. User – every client, visitor or user of the Big Sister AI Companysite and services. If you are accessing or using the Big Sister AI CompanyServices on behalf of a particular company, institution or other entity, thenthe term "user" also fully includes such company, institution ororganization, and you represent and warrant that you are a representative ofthat company, institution or organization who has all necessary and sufficientauthority to act on its behalf and bind it to the terms of this User Agreement.
1.4. Services – all services of BigSister AI Company provided and offered for use by Big Sister AI Company tousers in the manner and under the conditions established by this User Agreement (here in after referred to as "Services").
2.1. By using and accessing Big Sister AI Company's site andServices, you accept and agree to be bound by the terms of this User Agreement betweenyou and Big Sister AI Company. If you do not agree to the terms of this UserAgreement, you will not be able to access or use Big Sister AI CompanyServices.
2.2. If you do not accept and do not agree to be bound by theterms of this User Agreement, you must immediately stop using the site and Big Sister AICompany Services provided to you under this User Agreement.
2.3. By accepting and agreeing to the terms of this UserAgreement, you accept and agree to them in their entirety without anyexceptions or reservations. Acceptance of the terms of this User Agreement inpart, with a reservation or on other terms is not allowed.
2.4. Big Sister AI Company reserves the right to immediatelyterminate this User Agreement, stop providing the Services to you, or deny youaccess to the Big Sister AI Company site and Services or any part thereof atany time and for any reason.
2.5. Certain Big Sister AI Company Services may be subject toseparate or additional terms and conditions that Big Sister AI Company willnotify you of. Additional terms or rules supplement the terms of this UserAgreement and are considered an integral part of this User Agreement. Theadditional terms and conditions take precedence over the terms of this UserAgreement to the extent that the terms of this User Agreement conflict withthem in matters related to the use of the relevant Big Sister AI CompanyServices.
2.6. Big Sister AI Company reserves the right, at its solediscretion, to change, modify, correct, clarify, supplement or delete the termsof this User Agreement at any time. You are responsible for checking the termsof this User Agreement for changes. Changes become effective after thepublication of the updated terms of this User Agreement (changes, additions,corrections, clarifications, new editions of this User Agreement in part or inwhole) on the site of Big Sister AI Company. Your continued use of the siteand/or the Services provided to you by Big Sister AI Company following suchposting will constitute your acceptance of and acceptance of the amended termsof this User Agreement.
2.7. You give Big Sister AI Company your unequivocal consent tothe processing of your personal data in accordance with the purposes set forthin this User Agreement, as well as in Big Sister AI Company's Privacy Policylocated at: https://bigsister.ai/privacy ( hereinafter referred to as "BigSister AI Company Privacy Policy"). Please review the terms of the BigSister AI Company Privacy Policy before accessing and using the Big Sister AICompany Services.
3.1. The subject of this User Agreement is to provide you as auser with access to and use of the Big Sister AI Company Services of yourchoice under the terms and conditions set forth in this User Agreement.
3.2. By using Big Sister AI Company Services, you confirm thatyou have fully review and accept the Big Sister AI Company Services you haveselected, their terms and conditions of use, payment methods, limitations ofliability.
4.1. Big Sister AI Company provides its Services to you only inthe manner and on the terms set forth in this User Agreement, and shall not beliable to you for Big Sister AI Company's inability to offer you its Serviceson terms other than those set forth in this User Agreement.
4.2. If you have agreed with Big Sister AI Company on specialterms and conditions for the provision of Services to you by entering into arelevant contract with Big Sister AI Company or otherwise as provided for inthis User Agreement, Big Sister AI Company will provide you Services with thesubject to such terms.
4.3. At the same time, Big Sister AI Company reserves the rightto refuse to provide you with the Services on special terms and to terminatethe contract concluded with you unilaterally at any time and for any reason,and to offer you the Services exclusively on the terms provided for in thisUser Agreement. At the same time, Big Sister AI Company shall not be liable toyou for Big Sister AI Company's inability to provide you with Services on termsother than those set forth for in this User Agreement.
4.4. By accessing and using the Services, you acknowledge thatBig Sister AI Company, under the terms of this User Agreement, provides youexclusively with:
4.4.1. Information and consulting services on the followingissues:• managementof changes in sales, communications and management systems;• developmentand implementation of standards and additional automation tools in salesprocesses and communication with clients;• selection,installation and settings (modification, configuration) of software for automationof sales processes and communication with clients.Youcan get any informational and consulting services on the mentioned issues bycontacting Big Sister AI Company directly.
4.4.2. SaaS services in the field of management of sales systems. You can obtain Big Sister AI Company's SaaS Servicesthrough Big Sister AI Company's own application software in the field ofmanagement of sales systems.
4.4.3. Training in sales, communications and management. You may take any online training course (program) onthese issues available on the Big Sister AI Company site under the terms andconditions set forth in this User Agreement.
4.5. You also understand and agree that Big Sister AI Companymay engage third parties (its own partners, contractors and third-partyservices – suppliers of relevant software and automation tools, hostingproviders, cloud services, e-mail and electronic document management services,etc.) to provide you with the Services provided for in this User Agreement.
5.1. Big Sister – is the applicationsoftware of the Big Sister AI Company, designed for the analysis of processesand efficiency in sales systems, communication and management, as well asrecommendations for the development and implementation of standards and additionalautomation tools in sales processes and communication with clients (hereinafter- "Big Sister").
5.2. Access to the Big Sister functionality is provided afteruser registration on the Big Sister AI Company site and upon registration of apaid subscription to this service. You can review the Big Sister's tariff plansin detail directly on the site of Big Sister AI Company.
5.3. To connect the Big Sister functionality, you have to giveBig Sister AI Company API access to your CRM / ERP, etc. system, after which you get access to:• analytics,forecasts, dashboards, regular reports, indicators of sales dynamics andefficiency;• models,templates, scenarios, algorithms of interaction with the client;• AIsolutions for sales analysis;• recommendations,instructions and instructions based on the results of monitoring and analysisof real data.
5.4. No intellectual property rights in the Big Sister softwareare transferred (assigned) or granted to you, and therefore you may not sell orotherwise dispose of it. Big Sister Software remains the property of Big SisterAI Company.
5.5. You are granted a non-exclusive end user license to the BigSister Software. The terms of use of the Big Sister software are limited to thefunctional purpose of this software and provide for its use by you for itsfunctional purpose for your final consumption, that is, its use by you as an"end user".
5.6. A non-exclusive end user license is granted to you for theterm of this User Agreement. However, you understand and agree that if youviolate the terms of payment or any other terms of use of the Big SisterSoftware set forth in this User Agreement, or if you violate any of theprovisions of this User Agreement , the non-exclusive end user license grantedto you may be revoked and Big Sister AI Company may terminate your access tothe Big Sister Software and terminate this User Agreement with you unilaterallywithout prior notice to you.
5.7. You may not sublicense the Big Sister Software to thirdparties. You also may not grant the Big Sister Software for temporary use orotherwise alienate or transfer it to third parties.
5.8. You are granted only those rights to the Big SisterSoftware that are expressly set forth in this User Agreement.
5.9. You may use the Big Sister Software only in the mannerspecified in this User Agreement and only for the purpose of its end use inyour business.
5.10. You have the right to use all available functionality ofthe Big Sister software, both as implemented at the time Big Sister AI Companyenters into this User Agreement with you, and as may be implemented as a resultof its periodic updates, improvements, optimizations, etc., and if it providedto you by Big Sister AI Company.
5.11. You may not, without the consent of Big Sister AI Company,use or transfer to others parties the code of the Big Sister software, changeor modify it.
5.12. You may not use the Big Sister trademark or any otherdesignations, trademarks, trade names, logos, images or any other intellectualproperty rights of Big Sister AI Company contained in the Big Sister Software.
6.1. Big Sister AI Company provides you with services ontraining in sales, communications and management by arranging for you tocomplete online training courses (programs) on these issues (hereinafterreferred to as the "Course").
6.2. You may take any Course available on the Big Sister AICompany site under the terms and conditions set forth in this User Agreement. Adetailed Course program is posted directly on the site of Big Sister AI Companyor prepared individually for you. All information about the available Coursesand their programs is available directly on the Big Sister AI Company site.
6.3. Big Sister AI Company provides these services to you byproviding you with online access to the educational materials of the relevantCourse (video lectures, tests, case studies), as well as mentor consultations(if provided by the relevant Course) during the term of such Course and inaccordance with program of such Course developed by Big Sister AI Companyand/or individually agreed with you according to your request.
6.4. You get online access to the educational materials of therelevant Course and mentor consultations only after full payment for the Courseyou have chosen. You can familiarize yourself with the terms of payment for theCourse you have chosen in detail directly on the Big Sister AI Company site.
6.5. You must fulfill the terms of the program of the Course youhave chosen in a timely manner. Upon completion of training, you have the rightto receive from Big Sister AI Company a certificate confirming completion ofthe training Course, if this is provided for by the terms of the relevantCourse.
6.6. You must use the educational materials of the relevantCourse (video lectures, tests, case studies) exclusively for personal use. Youdo not have the right to use them, transfer them and distribute them in anotherway to third parties for commercial purposes.
6.7. All intellectual property rights to the Course'seducational materials (video lectures, tests, case studies) to which you haveaccess, in particular, images, videos, logos, graphics, sounds, belong to BigSister AI Company.
6.8. Big Sister AI Company also uses objects of intellectualproperty rights that may belong to other parties, based on a license, contractor other legal grounds.
6.9. Big Sister AI Company does not transfer to you anyintellectual property rights in such objects and does not grant permission touse them for purposes other than those specified in this User Agreement.
6.10. Access to the content and any other intellectual propertyobjects located on the Big Sister AI Company site, as well as in applicationsand messengers related to the provision of the relevant services to you, isprovided exclusively for personal non-commercial use without the right toreproduce (including copying/downloading/saving) of such objects in the memoryof the user's equipment (any other person), without the right to distribute thecontent on the Internet, as well as without the right for any other use that isnot provided by this User Agreement, including sale, modification, distributionin whole or in part (elements).
6.11. If you violate the terms of this User Agreement and use theCourse materials for non-personal purposes, distribute the Course materials inany way and regardless of the circle of people, Big Sister AI Company has theright to terminate this User Agreement with you unilaterally, block you accessto the Course and/or the Big Sister AI Company site. At the same time, themoney you paid for the Course will not be refunded.
6.12. Big Sister AI Company offers and provides its Services onan "as is" basis, and therefore makes no guarantees that its Servicesand the Course you select will meet your personal expectations, goals,objectives or specific purpose. Your disagreement with the methodology used byBig Sister AI Company, the content of the Course program, etc. is not a reasonand does not give you the right to demand from Big Sister AI Company the returnof the money paid for the Course.
7.1. Access to Big Sister AI Company Services is provided onlyafter user registration on the Big Sister AI Company site in accordance withthe procedure established by this User Agreement and the Big Sister AI Companysite.
7.2. To register on the Big Sister AI Company site, you must login to the site and create a user account. When creating a user account, youmust enter your email, create and confirm a password. Your account will giveyou access to all Big Sister AI Company Services.
7.3. You cannot complete your registration without accepting theterms of this User Agreement and the Privacy Policy on the Big Sister AICompany site.
7.4. At the stage of creating a user account and until theregistration procedure is completed in accordance with the procedureestablished by this User Agreement, the user functionality of the site, as wellas any Services of Big Sister AI Company, is limited.
7.5. You get full access to the Services of Big Sister AICompany and the functionality of the site after your registration on the siteof Big Sister AI Company.
7.6. If during registration you provide incomplete, illegible,distorted and/or inaccurate information, or if Big Sister AI Company has reasonto believe that such information is incomplete, Big Sister AI Company has theright to deny you registration of your account and/or block or restrict youruser functionality of the site and all Big Sister AI Company Services at anytime without further notice.
7.7. You agree to keep your account information accurate,complete, and up-to-date. Failure to ensure the accuracy, completeness, andup-to-dateness of your account information may result in blocking or limitinguser functionality of the site and all Big Sister AI Company Services and/ortermination of your access to the Big Sister AI Company Services, and Big SisterAI Company's termination of this User Agreement with you.
7.8. You are solely responsible for all actions taken from youraccount created on the Big Sister AI Company site.
7.9. You agree not to disclose your account information andpassword under any circumstances. You may not allow third parties to use youraccount. You may not assign rights to your account or otherwise transfer youraccount to any other person or entity. Failure to comply with this provision isunconditional grounds for blocking your account, terminating your access to thesite, any Big Sister AI Company Services, and termination by Big Sister AICompany of this User Agreement with you.
8.1. You agree that all payments and settlements related to youruse of the Big Sister AI Company Services shall be made by the methodsspecified directly on the Big Sister AI Company site.
8.2. When using a payment card to make payments, you confirmthat you are familiar with all applicable fees for the service of your paymentcard and the rules for the use of the payment card established by the issuer ofyour payment card.
8.3. You understand that if you use credit funds on your paymentcard to transfer funds and perform other operations, the issuing bank of yourpayment card may charge you an additional fee for using credit funds. You alsounderstand that Big Sister AI Company has no control over and does not in anyway influence the charging and collection of such fees by your payment cardissuer and is not responsible for your familiarity with the applicable fees forthe service of your payment card and the rules for using your payment card,established by the issuer of your payment card. In any case, you are obliged tofamiliarize yourself with such tariffs and rules.
8.4. Big Sister AI Company reserves the right, at its owndiscretion, to attract financial companies and other financial institutionsthat, using their own Internet payment systems and / or other software andhardware products and complexes, provide payment transfer services, other financialservices, as well as relevant information and technology services.
8.5. You agree that when you transfer funds and/or debit fundsfrom your account using the online payment system of a financial company orother financial institution engaged for this purpose by Big Sister AI Company,such financial company or financial institution may charge you additionalcommission from the tariffs set by such financial company or financialinstitution, which you are obliged to familiarize yourself with on the websiteof the relevant financial company or other financial institution.
8.6. Big Sister AI Company is not responsible for the fact thatit is unable to offer you the services of other financial companies andinstitutions for transferring funds and payments, other than those indicated onthe site of Big Sister AI Company.
8.7. Your payment card for transferring funds and carrying outother transactions must be able to make online payments. All settings of yourpayment card for online payments are provided by you through your payment cardissuer.
8.8. The terms of the contract concluded between you and theissuer of your payment card should also provide for the possibility ofcontractual withdrawal of money from your account in favor of third parties inaccordance with the procedure established by current legislation. This will berequired if you use the Big Sister AI Company Services on a subscription basis.
8.9. You can add the payment details of several payment cards toyour account. By adding the details of your payment cards to your user account,you understand that any of them may be charged regularly for using the BigSister AI Company Services you have chosen.
8.10. You understand that you are obliged to use payment cards inaccordance with the requirements of current legislation and the terms of thecontract concluded by you with the issuers of your payment cards. You must notallow the use of your payment cards by persons who do not have the right orauthority to do so, and you must not allow the use of payment cards of otherpersons if you do not have the right or authority to do so. You shall,independently and without the involvement of Big Sister AI Company, indemnifyall damages and satisfy all claims of third parties related to non-compliancewith this condition. You are solely responsible for the payment information anduse of your payment cards.
8.11. You agree that any payment card you have added to youraccount can be used for payments and settlements. You must maintain a positivebalance on your payment card(s). You acknowledge that in the event ofinsufficient funds on your payment card(s), the user functionality of the siteand the Big Sister AI Company Services you have selected may be limited orblocked until the balance on your payment card is replenished and the debt due foryour use of the Big Sister AI Company Services is paid off in its entirety.
8.12. When paying for your chosen Big Sister AI Company Services,you also agree to pay any bank fees and/or applicable payment system feesincurred in connection therewith.
8.13. By using the Big Sister AI Company site and Services, youconfirm that you are informed of all types and amounts of payments, fees andcommissions that are and/or may be paid by you or charged to your account inconnection with your use of the site and Services of Big Sister AI Company. Youconfirm that you understand the purpose of such payments and the basis fortransferring and/or debiting the relevant amounts from your account.
8.14. You consent to the transfer and/or debiting of funds fromyour account using Internet payment systems owned by financial companies orother financial institutions engaged by Big Sister AI Company. You confirm thatsuch transfers and/or withdrawals of funds from your account in connection withthe use of the site and Services of Big Sister AI Company are fully inaccordance with your interests and your inner will.
8.15. By paying for the Services you have selected using apayment card, you confirm that you have been informed by Big Sister AI Companyand that you fully and clearly understand exactly which payments, fees andcommissions are included in the price of the Services you have selected, fromwhich amounts such payments, fees or commissions are formed and their purpose.By paying for the Services selected by you using a payment card, you give yourunequivocal and unconditional consent to the transfer and/or debiting of theentire amount of funds from your account necessary to pay for the Servicesselected by you, and you confirm that such transfers and/or debiting of fundsfrom your accounts fully correspond to your interests and inner will.
8.16. In the event of your disagreement with any payment orcontractual debit of funds from your account during the use of the site and theservices of the Big Sister AI Company selected by you, you undertake and agreeto immediately contact the Big Sister AI Company for the resolution of thedisputed matter before you apply to any arbitration or court instance. Youagree to provide Big Sister AI Company with all necessary evidence andinformation to support your disagreement. You also undertake and agree not toabuse the right to return/cancel payments (chargeback) or protest paymenttransactions. Pretrial settlement of the dispute in such cases is mandatory.
9.1. The site, content, software, and all Services provided by BigSister AI Company, as well as all intellectual property rights used by BigSister AI Company in connection therewith, are and remain the property of BigSister AI Company. Neither the terms of this User Agreement, nor the separateor additional terms and conditions of use of certain Services of Big Sister AICompany, nor your use of the Services of Big Sister AI Company transfer orgrant you any rights to use the company name, logos, names products orservices, trademarks (marks for goods and services), other objects ofintellectual property rights of Big Sister AI Company or references to them.
9.2. Neither this User Agreement nor the separate or additionalterms and conditions of use of the Big Sister AI Company Services transfer (assign)or grant you any intellectual property rights in the software, content or theBig Sister AI Company Services selected by you, and therefore, you have noright to sell or otherwise alienate them. The site, content, software and allBig Sister AI Company Services remain the property of Big Sister AI Company andare protected by copyright laws.
9.3. You may not register Big Sister mark and other marks thatare identical or confusingly similar to Big Sister AI Company trademarks andother marks as trademarks or other intellectual property rights, or registerdomain names and accounts in social networks that contain such designations.
9.4. You have no right to use the site, content, software andany Services of Big Sister AI Company in any other way, except as expresslyestablished by this User Agreement and/or separate or additional terms andconditions of use of those or other Big Sister AI Company Services.
9.5. You may not use the Big Sister AI Company site, content,software or Services in any manner that would violate or violate applicablelaws. Big Sister AI Company is not responsible for your wrongdoings when usingthe Big Sister AI Company site, content, software and Services. You warrantthat your use of the Big Sister AI Company site, content, software and Serviceswill not violate applicable laws.
9.6. You do not have the right to:• removeany references to Big Sister AI Company's copyright, trademarks or otherintellectual property from the site, content, software and any BigSister AI Company Services;• inany way violate the integrity of the software code and any other softwareproducts of Big Sister AI Company, their means of protection, carry out theirdecompilation, modification, deobfuscation;• copy,distribute any content, software and Services of Big Sister AI Company, as wellas their components (including in the form of source code) in any way,including renting/leasing/renting;• takeactions that may cause disruption of the site, software and any Services of BigSister AI Company, as well as make unauthorized access to them and informationand computing and network resources of Big Sister AI Company;• takeactions that may cause or threaten to cause harm to third parties, distributeor transmit through the site, content, software and any Big Sister AI Company Servicesany viruses or other harmful or destructive files.
9.7. You warrant that:• youwill use the site, content, software, and your selected Big Sister AI CompanyServices within the limits of the rights granted to you under this UserAgreement and/or separate or additional terms and conditions of use of yourselected Big Sister AI Company Services;• duringand after the expiration of this User Agreement, you will not directly orindirectly challenge the copyright of the site, content, software and anyServices of Big Sister AI Company and/or register the rights to modify or adaptany software provision, content or any Services of Big Sister AI Company, andyou will not use trademarks, trade names, designations of Big Sister or otherdesignations that are identical or similar to the degree of confusion with theelements included in the site, content, software and any Big Sister AI CompanyServices, and/or with other Big Sister AI Company intellectual property rights;• youwill respect the personal non-property copyrights of persons whose creativework created (developed) the site, content, software and all Services of BigSister AI Company, including you will refrain from any distortion or otherchanges to the site, content, software and any Services of Big Sister AICompany that may harm the honor and reputation of such persons;• youwill not register Big Sister mark and other marks identical or confusinglysimilar to Big Sister AI Company trademarks and other marks as trademarks orother intellectual property rights, nor will you register domain names andsocial media accounts that contain such designations;• youwill take reasonable precautions to prevent unauthorized use by third partiesof the Big Sister AI Company site, content, software and Services accessed by you;• youwill not take actions aimed at bypassing the technical protection means of thesite, content, software and any Services of Big Sister AI Company.
9.8. Your use of the Big Sister AI Company site, content,software and the Services you select is at your own risk. Big Sister AI Companyis not responsible for the correctness and efficiency of your use of the site,content, software and services of Big Sister AI Company you choose, as well asfor any possible economic losses (including lost profits) related to yourimproper or ineffective use of the Big Sister AI Company site, content,software, and services you choose.
1.9. All activities with the Big Sister AI Company site,content, software and Services conducted through your account are deemed to beconducted by you personally. You are solely responsible for the security andconfidentiality of your account.
9.10. You may not use any databases, analytical or statisticalinformation accessed by you while using the Big Sister AI Company site,content, software and Services in any other way or for any purpose other thanthose, offered to you by Big Sister AI Company, transfer them in whole or inpart to third parties or make them accessible to third parties.
9.11. You may not execute or run any programs or scripts for the purposeof cleaning, indexing or collecting (parsing) data from the Big Sister AICompany site, content, software and Services.
9.12. All rights to the site, software, any content and Servicesof Big Sister AI Company, including (but not limited to) the design and itsindividual elements, audiovisual images, text, graphics, animation, audio,photo and video materials, illustrations, drawings and other objects ofintellectual property, regardless of their language, method and form ofexpression, which you have access to while using the site, content, softwareand Services of Big Sister AI Company, belong to Big Sister AI Company andother rights holders . The use of the site, content, software and suchintellectual property objects is carried out solely within the scope offunctionality, purposes and in the manner offered to you by the site and theServices of the Big Sister AI Company you have chosen. You may not use thesite, content, software and such intellectual property in any other manner, forany purpose or in any manner other than as permitted and offered to you by thesite and Big Sister AI Company Services without the prior consent andappropriate permission of Big Sister AI Company and other rights holders.
10.1. All Big Sister AI Company Services are provided on an"as is" basis. By using the Big Sister AI Company Services, youacknowledge that you have satisfied yourself that they are appropriate for yourpurposes and objectives. Big Sister AI Company is not responsible for thefailure of the Big Sister AI Company Services selected by you to meet yourpersonal expectations. At the same time, Big Sister AI Company disclaims anyguarantees of the quality and suitability of its Services for your personalpurposes, tasks or specific purpose.
10.2. Big Sister AI Company also disclaims all representationsand warranties, whether express or implied, including statutory ones, unlesssuch representations or warranties are expressly provided for in the terms ofthis User Agreement and/or separate or additional terms and conditions of useof the Big Sister AI Company Services selected by you.
10.3. Big Sister AI Company does not make any warranties as tothe reliability, timeliness, quality, suitability or availability of its site,content, software, Services or any part thereof, or that they will be providedand function uninterrupted or error-free.
10.4. Big Sister AI Company shall not be liable for any direct,indirect, incidental or consequential damages, including lost profits,penalties, lost data, material damages, related to your use of the site,content, software and Big Sister AI Company Services, even if Big Sister AICompany has been advised of the possibility of such damages.
10.5. Big Sister AI Company shall not be liable for any delay inthe provision of its Services or unavailability of the site, content, softwareand Services for reasons beyond its reasonable control.
10.6. Big Sister AI Company is not responsible for the properoperation and security of information communication channels that you use toaccess the Big Sister AI Company site, as well as for unauthorized access toyour personal data and the preservation of your information.
10.7. The parties to this User Agreement are released fromliability for full and/or partial non-fulfillment of their obligations underthis User Agreement, if such non-fulfillment was the result of force majeure,i.e. extraordinary and unavoidable circumstances (force majeure). Circumstancesof force majeure (force majeure) include: natural disasters, epidemics,hostilities, strikes, actions and decisions of state authorities, failures intelecommunications and energy networks, etc.
10.8. Big Sister AI Company is not responsible for the actions oromissions of third parties who are engaged to provide you with the Services,but are not owned by Big Sister AI Company and are not controlled by Big SisterAI Company (payment systems and online payment systems, banks, internet andhosting providers, cloud services, e-mail and electronic document managementservices, etc.)
10.9. You may use the Big Sister AI Company site, content,software, and your chosen Services to, in particular:• managementof changes in sales systems, communications and management;• developmentand implementation of standards, models, templates, scenarios, algorithms ofinteraction with the client;• automationof sales processes and communication with clients;• analytics,forecasts, monitoring and analysis of sales;• etc.However,you agree that Big Sister AI Company is only providing information and advisoryservices to you, as well as related SaaS services, in the manner and on theterms set forth in this User Agreement, and therefore has no liability to youor to employees of your companies, or any other person in connection with theuse of this site, the content, the software and the Big Sister AI CompanyServices selected by you and is not responsible for the results or consequencesof such use.
10.10. You agree to independently indemnify and hold Big Sister AICompany, its officers and employees harmless from any liability to third partiesand from consideration and satisfaction of any claims, claims, complaints,demands by third parties, arising out of or in connection with:• youruse of the Big Sister AI Company site, content, software and Services you choose;• violation,non-performance, improper performance of your obligations to your customers,counterparties or any other persons;• yourviolation of the rights, freedoms or interests of your customers,counterparties, employees or any other person;• yourviolation of any terms of this User Agreement and/or separate or additionalterms and conditions of use of the Big Sister AI Company Services you haveselected;• yourviolation of current legislation.
10.11. Big Sister AI Company is not responsible for:• forthe actions and conduct of your employees, customers, any of your othercounterparties and third parties with whom or for whom you use the site,content, software and Services of Big Sister AI Company you have chosen;• foryour actions towards your employees, customers, any of your other counterpartiesand third parties with whom or for whom you use the site, content, software andthe Big Sister AI Company Services you choose.
10.12. You independently (without the involvement of Big Sister AICompany) resolve any disputes and conflicts: between you and your employees,customers, any of your other counterparties and third parties, in relation withwhom or for whom you use the site, content, software and the Big Sister AICompany Services you select.
10.13. You are responsible for the violation of intellectual propertyrights and the consequences of such violation in accordance with currentlegislation.
11.1. All disputes and disputes arising from this User Agreement,including those related to protesting payment transactions using payment cardsunder the terms of this User Agreement, shall be resolved through negotiations.Pretrial settlement of the dispute is mandatory.
11.2. In the event that an agreement cannot be reached throughnegotiations, the dispute is subject to judicial review at the location of BigSister AI Company in the manner determined by the relevant applicable laws ofthe state of Delaware, USA.
12.1. This User Agreement comes into force from the moment it isposted on the Big Sister AI Company site and is valid indefinitely. Theprovisions of this clause also apply to all changes and additions to this UserAgreement.
13.1. The terms of this User Agreement and the relationship ofthe parties under this User Agreement shall be governed by and construedexclusively in accordance with the applicable laws of the State of Delaware,USA, unless otherwise expressly provided in this User Agreement.
13.2. All matters not governed by the terms of this UserAgreement and/or separate or additional terms and conditions of use of certainBig Sister AI Company Services shall be sufficiently governed by the applicablelaws of the state of Delaware, USA.
13.3. You may not assign your rights and obligations under theterms of this User Agreement or transfer them in whole or in part to thirdparties without the prior written permission of Big Sister AI Company. However,you agree that Big Sister AI Company may assign or transfer all or part of itsrights and obligations under this User Agreement to, but not limited to: a subsidiaryor affiliate of Big Sister AI Company, an asset purchaser, or successors intitle Big Sister AI Company, etc.
13.4. The relationship between you and Big Sister AI Company inconnection with your use of the Big Sister AI Company site, content, softwareand Services does not create any joint venture or partnership, employmentrelationship, even if of this User Agreement between you and Big Sister AICompany.
13.5. If, under the applicable laws of the State of Delaware,USA, a certain provision of this User Agreement is held to be illegal orinvalid in whole or in part, this shall not have the effect of invalidating orinvalidating any other provision of this User Agreement or this User Agreementas a whole. A provision deemed illegal or invalid in whole or in part shall bedeemed not to be part of the terms of this User Agreement, to the appropriateextent, and the legality, validity and applicability of the other terms of thisUser Agreement shall remain unaffected. A provision deemed illegal or invalidin whole or in part will be replaced by Big Sister AI Company with acorresponding legal and valid provision, subject to the content and purpose ofthe terms of this User Agreement.
13.6. The terms of this User Agreement are the entire agreementbetween Big Sister AI Company and you regarding its contents.
