Chatbot Building Terms of Service
YesHello is a product of Narrative Consulting PLT.
The following terms of service provide throughout information of the dynamic of work between Narrative Consulting PLT (“YesHello”, “Chatbot Malaysia”, “we”, “us”, or “our”) and the client (“you” or the “Client”). The terms indicated herein shall be legally binding for both parties. The specifics of the Services, such as number of conversation steps, price and delivery time are the ones detailed in the confirmation sent to you via email upon completion of the purchase process (the “Purchase Confirmation”).
1- Scope of Services
For the provision of our Services our team will work with a finished, editable Conversation Flow provided by you, which shall be in English and on either Draw.io, Diagrams.net, or Google Docs formats.
The deliverable is an chatbot version of the procedural flow of dialogue you provided, in accordance with your objectives, instructions, style preferences, branding requirements and any project assets you submit to our team.
Our Services do not include:
Once you agree to these terms of service and complete the purchase process you will receive a Purchase Confirmation detailing the Services to be provided by us and a copy of this terms of service for future reference. During the purchase process you will be required to upload a finished and editable Conversation Flow for our team to build the chatbot as well as the corresponding Project Assets (as defined in section III). Once you have completed the purchase process, our Services will be provided as follows:
Step 6. Testing: In this phase, we rerun conversational flows and business scenarios through various test cases to achieve desired bot performance.
Step 7. Deployment: The bot is deployed on the company’s WhatsApp and Messenger channels and is ready to interact with customers in the real world.
Step 8. Monitor and Optimize: Once published, for the following 7 days, the bot performance is monitored by by our team to fix breakage points.
The steps indicated above will be subject to the terms and conditions established herein.
3- Project Assets
In addition to the finished and editable Conversation Flow, you shall provide our team with any information, specifications, images, logos, corporate identity material and any other project assets that you want to be taken into consideration for the chatbot building process (the “Project Assets”). Our team will build your chatbot based on the uploaded material and any details given by you on our briefing call. All Project Assets not uploaded during the purchase process must be submitted during the following twenty-four (24) hours to the briefing call and our design team will not consider any materials provided afterwards. Any additional assets required by our design team will be requested after we start working on the chatbot, upon the team’s discretional criteria.
If you have any specific instructions on your chatbot's design, please include such instructions as detailed as possible at the time the Project Assets are uploaded so our team can build your chatbot in accordance to your needs. Any specifications not indicated at the time the Project Assets are uploaded or during our briefing call, as well as any ambiguous instructions will not be taken into consideration by our tech team.
You will be the sole responsible for providing our team with all the information, documentation, materials or assets required for building your chatbot. Our team will not make any changes to your chatbot (either the first draft or the final version) to adjust or include any information, documentation, materials or assets you failed to provide in due time.
4- Proprietary Rights
You hereby warrant that: (i) you own all rights, titles, and interest in, or have full right and authority to permit the use of the project assets submitted for the provision of our Services; (ii) the use of this Project Assets does not infringe the rights of any third party; and (iii) you are in compliance and will remain in compliance with any licensing agreement in relation to any of the Project Assets.
You shall indemnify and hold harmless YesHello from any and all damages, liabilities, costs, losses or expenses arising out of any claim, demand or action by a third party alleging intellectual property rights infringement on the Project Assets provided by you and included in the presentation.
For the sole purpose of providing the Services, you hereby grant YesHello a non-exclusive, non-transferable license to use the Project Assets solely in connection with the chatbot.
The Purchase Confirmation indicates the number of conversation steps you have purchased and the corresponding price. Our team will only work on the amount of conversation steps stated on the Purchase Confirmation. If more conversation steps are uploaded the team will pause the chatbot building process and reach out to you on the following two (2) business days to confirm if you wish the additional conversation steps to be built and sent a quotation for said conversation steps. If our team does not receive confirmation on the purchase of additional conversation steps, during the following two (2) business days of reaching out for confirmation, the team will continue to work on the chatbot and ignore the conversation steps that go pass the purchased number. If you wish to have more conversation steps built after the purchase has been made, you can also contact our Customer Support team and they will instruct you on how to purchase additional credit. The uploading or purchasing of additional conversation steps will cause delays to the delivery times established in the following section.
6- Revisions and Deliverables
The delivery time will depend on the purchased Services detailed in the Purchase Confirmation and you will be allowed one (1) revision after the initial draft has been sent. Our delivery times go as follows:
If all Project Assets are submitted during the purchase process, the delivery time for the first draft starts running after the briefing call held with our team. If additional Project Assets are uploaded during the twenty-four (24) hours following the briefing call, the delivery time starts running at the time you receive the upload confirmation of your files containing the additional Project Assets. Any failure by the Client to provide such additional Project Assets during the indicated period will cause delays in the delivery time. The revision time delivery begins after you share the complete feedback with our team. The complexity and extent of the requested changes could affect the delivery time of the revisions, our team will inform you if that is the case.
The chatbot needs are defined by the details filled in the upload form after purchase, the Project Assets you have provided and our briefing call. Once you receive the first version we can work on dialogue changes, minor flow adjustments, image selection and other related tweaks. Revisions do not include the incorporation of any new ideas or major flow adjustments. The Client’s point of contact (as established in section XII.) will be in charge of requesting any changes and approving the project deliverables. If the point of contact is changed by the Client during the Project, the new contact point will only be allowed to request the changes detailed above. YesHello shall not be responsible for any creative differences between the Client’s team and therefore will have no obligation to adjust or make changes to the project deliverables due to the Client changing its point of contact.
After the first chatbot version is sent, you will have up to 2 weeks to respond with feedback, once that time has passed the project will be placed on hold, will no longer be available for any future revisions and will be considered as accepted by you.
As part of the Services, the team will create in the YesHello platform Custom Fields in the 'Settings' module, surveys in the 'Surveys' module, upload files into the 'Files' module, create automations in the 'Automations' module, send team member invitation emails, connect the agreed upon channels (ie. WhatsApp, Messenger, Web chat, Telegram, etc.), connect WhatsApp API to one WhatsApp number. Once the final draft is delivered the project is labeled as completed and no new edits are available under that request.
Chatbot purchases will only be delivered on a valid YesHello account as YesHello chatbots.
Our team will identify the deadlines indicated by you at the time of purchase and work to ensure that the deliverables are submitted on time. Any failure by you to provide all the necessary Project Assets will affect the date by which any potential files will be delivered.
7- Our Team's Schedule
Our working hours are Monday to Friday, 9:00 a.m. to 5:00 p.m. Malaysia Time. If the purchase is made outside of our office hours the time starts running the next business day at 9:00am Malaysia Time. However, our team needs to have all the chatbot assets in order to begin, if after filling the upload form you still need to share extra files with us the delivery time will start once our tech team receive said files. This delivery time is for the first draft of the chatbot build, not for the final version. The delivery of the final version will be as detailed in the previous section.
Our Services include email and messaging communications only, no design calls are scheduled as part of the Services, except for the briefing call and the follow-up call (the follow-up call will be schedule only if our team considers it necessary to clarify any doubts).
If at a later point any other means of communication are deemed necessary by our team, booking them will depend on the team’s availability and will be scheduled on a case by case basis.
8- Non-Disclosure of Information
All information, documentation and other Project Assets provided by the Client to YesHello shall be considered as confidential information, included but not limited to: concepts, diagrams, drawings, data base, spreadsheets, contracts, know-how, investment plans, marketing plans, sales plans, business plans, marketing strategies, trade secrets, and any other technical, accounting, legal and/or commercial information. Therefore, YesHello commits to maintain under strict confidentiality and in consequence not reveal, trade or disclose, in whole or in part, the confidential information provided by the Client.
9- Service Cancellation, Issuing of Refunds and Indemnification
The Services can be cancelled at any time prior to the moment our team starts working on your chatbot. That means you can request the cancellation of the Services after first receiving the Purchase Confirmation via email and before submitting this document. If the cancellation of Services happens at this moment, we can issue a partial refund of your purchase, the amount of the partial refund will be determined at our sole discretion based on the time incurred by our team in your project.
If the cancellation of the Services happens at any time after the indicated moment and our team has started to work on your chatbot, no refunds will be issued under any circumstances. Furthermore, you acknowledge that our Services are provided in accordance to your objectives, instructions, style preferences, branding requirements and any Project Assets you have provided in due time and that you rely on our team’s expertise for building your chatbot, therefore, no refunds will be issued due to creative differences that may arise between the Client and YesHello.
Furthermore, YesHello will have no obligation to indemnify the Client if the deliverable does not meet the Client’s expectations.
10- Relationship between the Client and YesHello and No Exclusivity
The provision of Services pursuant to these terms of service does not create any agency, partnership, employment or joint venture relationship between you and us. Furthermore, the provision of our Services does not create an exclusive relationship between you and us. Therefore, we are entitled to offer and provide our Services to other clients, without limitation.
11- Force Majeure
We will not be liable for any delay in our delivery times due to causes beyond our reasonable control, including but not limited to acts of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, governmental acts or acts of third parties.
12- Point of Contact
During the purchase process you will be required to appoint a point of contact for the project. All communications between YesHello and the Client will be managed directly with the contact point through the email address provided by you during the purchase process. If, for any reason, the Client requires to change its point of contact, it should notify YesHello indicating who will be the new point of contact and his/her email address.
13- Governing Law
All matters relating to these terms of service and the provision of our Services and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Malaysia without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action or proceeding arising out of, or related to, these terms of service or our Services shall be instituted exclusively in the federal courts of Malaysia or the courts of the State of Wilayah Persekutuan, Kuala Lumpur. By accepting the terms and conditions detailed in this document, you waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
© YesHello was launched during COVID19 lockdown in April 2020 | YesHello is an independent product not related to WhatsApp® or Facebook® | YesHello is a product of DIGITAL AUTOMATE SDN BHD (Previously Narrative Consulting PLT) | Users of YesHello Software are required by law not to use the product for any type of harmful or inappropriate content. Terms apply.
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