Licence
- Under this End User Licence Agreement (the “Agreement”), Mr. Bizzy (the “Vendor”) grants to
the user (the “Licensee”) a non-exclusive and non-transferable licence (the “Licence”) to use Mr.
Bizzy Business AI Assistant (the “Software”). - “Software” includes the executable computer and mobile phone programs, AI, NLP and OCR
programs, database, report outputs, integrations with other tools and technology in a specific
way to orchestrate the AI assistant, videos and any related printed, electronic and online
documentation, as well as any other files that may accompany the product. - Title, copyright, intellectual property rights and distribution rights of the Software remain
exclusively with the Vendor. Intellectual property rights include the process to communicate
with the Software via communication tools like Email, SMS and WhatsApp. This Agreement
constitutes a licence for use only and is not in any way a transfer of ownership rights to the
Software. - The rights and obligations of this Agreement are rights granted to the Licensee only.
The Licensee may not transfer or assign any of the rights or obligations granted under this
Agreement to any other person or legal entity. The Licensee may not make available the
Software for use by one or more third parties. - The Software may not be modified, reverse-engineered, or de-compiled in any manner using
current or future available technologies. - Failure to comply with any of the terms under the Licence section will be considered a material
breach of this Agreement.
Licence Fee - There is currently no licence fee (the “Fee”) to use the Software. However, the Vendor reserves
the right to implement a Fee in the future with reasonable prior notice to the Licensee. The
Licensee agrees to pay any future Fee. Failure to pay the Fee may result in an immediate
deactivation of Licensee’s account, preventing further use of the Software.
Limitation of Liability - The Software is provided by the Vendor and accepted by the Licensee “as is”. The Vendor will
not be liable for any general, special, incidental or consequential damages, including but not
limited to loss of production, loss of profits, loss of revenue, loss of data, or any other business
or economic disadvantage suffered by the Licensee arising from the use or failure to use the
Software. - The Vendor makes no warranty, expressed or implied, regarding the fitness of the Software for
any particular purpose or that the Software will be suitable or appropriate for the specific
requirements of the Licensee. - The Vendor does not warrant that the use of the Software will be uninterrupted or error-free. The
Licensee accepts that software in general is prone to bugs and flaws within an acceptable level
as determined in the industry.
Warrants and Representations - The Vendor warrants and represents that it is the copyright holder of the Software. The Vendor
warrants and represents that granting the Licence to use the Software is not in violation of any
other agreement, copyright or applicable statute.
Acceptance - All terms, conditions and obligations of this Agreement will be deemed to be accepted by the
Licensee (“Acceptance”) on registration of the Software with the Vendor.
Term - The term of this Agreement will begin on Acceptance and is perpetual.
Termination - This Agreement will be terminated and the Licence forfeited where the Licensee has failed to
comply with any of the terms of this Agreement or is in breach of this Agreement. On
termination of this Agreement for any reason, the Licensee will promptly destroy the Software
or return the Software to the Vendor.
Force Majeure - The Vendor will be free of liability to the Licensee where the Vendor is prevented from
executing its obligations under this Agreement in whole or in part due to Force Majeure, such as
earthquake, typhoon, flood, fire, and war or any other unforeseen and uncontrollable event
where the Vendor has taken any and all appropriate action to mitigate such an event.
Dispute Resolution
- The Licensee and Vendor (the “Parties”) agree to make best efforts to resolve any dispute,
controversy or claim arising out of this Agreement (a “Dispute”). In the event of a Dispute, the
Parties will meet to resolve such Dispute within fifteen (15) business days. If such discussions
do not succeed, the Parties agree to submit the issue first before a non-binding mediator and then
to an arbitrator in the event the mediation fails. The decision of the arbitrator will be binding on
the Parties. Any mediator or arbitrator must be a neutral party acceptable to the Parties. The cost
of any mediations or arbitrations will be covered by the Licensee.
Additional Clauses - The Software extracts and creates a context around the data submitted in text form or files
including images and responds back to the user for verification of the data and context. It is the
responsibility of the Licensee of the Software and any other stakeholders involved in any way in
the process to perform the necessary verification and respond back to the Software with any
corrections. The Vendor will not be liable in anyway for anything during this process. - The Vendor will not be liable for anything if the Licensee uses another software or technology of
any kind in conjunction the Software which is directly or indirectly connected or integrated with
the Software in anyway, unless such software or technology is supported by the Vendor as part
of this agreement or another agreement between the Vendor and Licensee. - Licensee is strictly prohibited from engaging in any fraudulent, unauthorized, or unlawful use of
the Software, including but not limited to sending spam emails via the Software, or any other
deceptive practices intended to manipulate or exploit the Software or its services for personal
gain or to harm others. Any such actions will constitute a material breach of this Agreement. In
the event of such a breach, the Vendor reserves the right to immediately terminate or suspend the
Licensee’s access to the Software, pursue legal action, and seek all available remedies under
applicable law, including but not limited to injunctive relief, damages, and restitution.
Furthermore, the Licensee may be subject to civil or criminal penalties as provided by law. - The Vendor reserves the right to limit or change the number of transactions or tasks performed
by the Software in a month unless the Licensee is paying the Fee for a designated number of
transactions or tasks per month.
Privacy
- Business data submitted or extracted from files and images is stored using AES-256 encryption.
Additionally, any files including images submitted to the Software are stored using AES-256
encryption. - The Licensee’s email address, phone number, and any associated account data are retained only
for the purpose of providing and improving the Software’s functionality. The Licensee may
request deletion of their data at any time by contacting the Vendor at submit@mrbizzy.com.
Upon receiving a verified deletion request, the Vendor will permanently delete the Licensee’s
personal data and associated files, except where retention is required by law or for legitimate
business recordkeeping. - Any data transmitted via the Software is encrypted using SSL.
Governing Law - The Parties to this Agreement submit to the jurisdiction of the courts of the Province of Ontario
for the enforcement of this Agreement or any arbitration award or decision arising from this
Agreement. This Agreement will be enforced or construed according to the laws of the Province
of Ontario.
Miscellaneous - The Vendor reserves the right to modify this Agreement at any time. Updated terms will be
posted on the Vendor’s website at www.mrbizzy.com or communicated to the Licensee via email
or another communication channel. Continued use of the Software after any such update
constitutes acceptance of the modified Agreement. - This Agreement does not create or imply any relationship in agency or partnership between the
Vendor and the Licensee. - Headings are inserted for the convenience of the parties only and are not to be considered when
interpreting this Agreement. Words in the singular mean and include the plural and vice versa.
Words in the masculine gender include the feminine gender and vice versa. Words in the neuter
gender include the masculine gender and the feminine gender and vice versa. - If any term, covenant, condition or provision of this Agreement is held by a court of competent
jurisdiction to be invalid, void or unenforceable, it is the Parties’ intent that such provision be
reduced in scope by the court only to the extent deemed necessary by that court to render the
provision reasonable and enforceable and the remainder of the provisions of this Agreement will
in no way be affected, impaired or invalidated as a result.
- This Agreement contains the entire agreement between the parties. All understandings have been
included in this Agreement. Representations which may have been made by any party to this
Agreement may in some way be inconsistent with this final written Agreement. All such
statements are declared to be of no value in this Agreement. Only the written terms of this
Agreement will bind the parties. - This Agreement and the terms and conditions contained in this Agreement apply to and are
binding upon the Vendor’s successors and assigns.
Notices - All notices to the Vendor under this Agreement are to be provided at the following email:
Email: submit@mrbizzy.com