Legal

Terms of Use

General Information

These terms and conditions outline the rules and regulations for the use of services regarding chatbots and other services made by The Neon Project on Facebook Messenger by TNP Consultores en Tecnología y Procesos SLU, in Plaza de la Corredera 28 14002 Córdoba, Spain.

By accessing this website or the chatbots (bot), you accept these terms and conditions in full. Do not continue to use our services if you do not accept all of the terms and conditions stated on this page. The Company does not and will not grant you any right to access or browse or to use our services without your willingness and ability to be bound by all of the terms and condition of this agreement.

The company may update these terms of use at any time by amending this page, without any direct notifications to you. Please check this page from time to time to take notice of any changes, as they are binding on you when using our services.

If the company believes that you are making unauthorised use of the chatbots or that you are in violation of these terms, we may suspend or terminate your access to our service without any notice. This may result in a loss of your data.

Terms of Use

  1. By accepting these terms and using the chatbots, you represent that you are at least 13 years old. If you are under 18 and/or have not reached the age of maturity according to your country’s law, your parent or legal guardian must accept these terms on your behalf.
  2. You may use the chatbots for the sole purpose of interacting with the services provided by the Company on the platform. The company reserves all other rights. The chatbots made by The Neon Project, unless indicated otherwise, do not provide advice that replaces that of a professional. This chatbot should not be used in emergencies and does not support emergency calls.
  3. The following restrictions apply to you when using our services and/or chatbots:You may not modify, reverse engineer or otherwise alter the bot (except to the extent this is authorised by applicable law notwithstanding this limitation). You may not use the bot in any way prohibited by law, regulation, governmental order or decree; you may not use the bot to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others; you may not use the chatbots to engage in activity that is false or misleading or that is harmful to you, others (including children), or the chatbot (e.g., transmitting viruses, communicating hate speech, or advocating violence against others); you may not use the chatbot to share inappropriate content, advertising, spam, spyware or malware; you may not use the chatbot to gain (or attempt to gain) unauthorised access to any service, data, account or network by any means, you may not infringe upon the rights of others; You may not use the bot anywhere other than the platform where it has been made it available, unless the company enabled such uses.
  4. Warranty:
    1. You represent and warrant that, when using our services, you will obey the law and respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property generally.
    2. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights, or rights or publicity or privacy, or in violation of any applicable law or regulation.
    3. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF ANY LAWS AND FOR ANY INFRINGEMENTS OF THIRD-PARTY RIGHTS CAUSED BY YOUR USE OF THE SERVICES. YOUR BEAR THE SOLE BURDEN OF PROVING THAT CONTENT, INFORMATION OR OTHER MATERIALS DO NOT VIOLATE ANY LAWS OR THIRD-PARTY RIGHTS.
  5. USER CONTENT
    1. “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, information contributed to our database and works of authorship kind), data, questions, comments, suggestions or other content, that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as messages), whether in connection with your use of the Services or through the use of any Third Party Websites or Third Party Services or otherwise, and whether publicly posted or privately transmitted.
    2. You grant every right to the Company to use any content and data that you submit via the bot as necessary for the Company to provide its service to you. This data may be used for commercial purposes.
    3. You grant the Company, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns a royalty-free, perpetual, irrevocable, sub-licensable, assignable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, transmit, edit, reformat, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, display and otherwise use any User Content (in whole or in part without the use of your name) worldwide and/or to incorporate the User Content in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such User Content.
    4. You hereby represent and warrant that you own all rights, title and interest in and to User Content or are otherwise authorised to grant the rights provided to the Company under this section. You also warrant that, to the extent you are not the exclusive holder of all Rights in a User Content, any third party holder of any Rights, including moral rights in such User Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the User Content for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the User Content. Subject to the foregoing, the owner of a User Content placed on the Services retains any and all Rights that may exist in such User Content. Except as provided in our Privacy Policy, none of the User Content shall be subject to any obligation of confidence on our part, and you agree to waive, and hereby waive, any claims arising from or relating to the exercise by the company of the rights granted under this section. You will not be compensated for any exercise of the license granted under this section.
    5. We are not responsible for maintaining a copy of any material we remove from our Services, and we are not liable for any loss you incur in the event that Content you post or transmit to our Services is removed.
    6. The company reserves the right to (i) remove, suspend, edit or modify any User Content in its sole discretion at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if the company is concerned that you may have violated these Terms & Conditions), or for no reason at all and (ii) to remove, suspend or block any User Content. The company also reserves the right to access, read, preserve, and disclose any information as the company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms & Conditions, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of the Company and its products, its users and the public.
    7. The company disclaim any perceived, implied or actual duty to monitor user content and specifically disclaims any responsibility or liability for the information provided herein. Under no circumstances will the Company be liable in any way for any user content, including, but not limited to errors or omissions in any user content, or for any loss or damage of any incurred as a result of the use of any user content through our services.
    8. The Company stores the conversations in order to improve the services it provides to the users. The data is non-identifiable based on our data storage structure. We only use this data without the User’s personal data and on a statistical level.
  6. The bot may be subject to international technology control or export laws and regulations. You must comply with all domestic and international export laws and regulations that apply to the technology used or supported by the bot.
  7. This agreement and any applicable privacy policy are the entire agreement between you and The Neon Project.
  8. This agreement describes certain legal rights. You may have other rights under the laws of your state or country. This agreement doesn’t change your rights under the laws of your state or country if the laws of your state or country don’t permit it to do so.
  9. Disclaimer of warranty: The chatbot and the service accessed via the chatbot are provided “as is” “with all faults” and “as available”. You bear the risk as to its quality and performance. The company gives no express warranties, guarantees, or conditions in relation to the bot. To the extent permitted under your local laws, the company excludes any implied warranties or conditions, including those of merchantability, fitness for a particular purpose and non-infringement.
  10. Limitation on and exclusion of remedies and damages. To the extent not prohibited by law, if you have any basis for recovering damages, you can recover from the company only direct damages up to the amount you paid for the bot or USD$1.00, whichever is greater. You will not, and waive any right to, seek to recover any other damages, including consequential, lost profits, special, indirect or incidental damages from me. If your local laws impose a warranty, guarantee or condition even though these terms do not, its duration is limited to 30 days from when you begin using the chatbot. This limitation applies to: a) anything related to the chatbot or services made available through the chatbot; and b) claims for breach of contract, warranty, guarantee, or condition; strict liability, negligence, or other tort; violation of a statute or regulation; unjust enrichment; or under any other theory; all to the extent permitted by applicable law. This limitation applies even if: a) this remedy doesn’t fully compensate you for any losses; or b)I knew or should have known about the possibility of the damages.

Changes

The Neon Project may periodically update this policy. We will notify you about significant changes in the way we treat personal information by placing a prominent notice on our site.

Liability

The material on this site or by The Neon Project is provided for informational purposes only and is not professional advice. Never delay or disregard seeking professional advice from qualified providers based on a chatbot’s or website’s content. Information obtained by our chatbot are not exhaustive and do not cover all cases, circumstances or solutions. You should always speak with a professional before you start, stop, or change anything based on the chatbot’s advice. Visiting a website or talking to our chatbots it is never a substitute for professional advice.

Privacy Policy

Effective date: May 01, 2018

The Neon Project (“us”, “we”, or “our”) operates the website and chatbots (the “Service”).

This page informs you of our policies regarding the collection, use, and disclosure of personal data when you use our Service and the choices you have associated with that data.

We use your data to provide and improve the Service. By using the Service, you agree to the collection and use of information in accordance with this policy. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms and Conditions.

Definitions

Personal Data

Personal Data means data about a living individual who can be identified from those data (or from those and other information either in our possession or likely to come into our possession).

Usage Data

Usage Data is data collected automatically either generated by the use of the Service or from the Service infrastructure itself (for example, the duration of a page visit).

Cookies

Cookies are small pieces of data stored on a User’s device.

Data Controller

Data Controller means a person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal data are, or are to be, processed.

For the purpose of this Privacy Policy, we are a Data Controller of your data.

Data Processor (or Service Providers)

Data Processor (or Service Provider) means any person (other than an employee of the Data Controller) who processes the data on behalf of the Data Controller.

We may use the services of various Service Providers in order to process your data more effectively.

Data Subject

Data Subject is any living individual who is the subject of Personal Data.

User

The User is the individual using our Service. The User corresponds to the Data Subject, who is the subject of Personal Data.

Information Collection And Use

We collect several different types of information for various purposes to provide and improve our Service to you.

Types of Data Collected
Personal Data

While using our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Cookies and Usage Data

We may use your Personal Data to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

Usage Data

We may also collect information that your browser sends whenever you visit our Service or when you access the Service by or through a mobile device (“Usage Data”).

This Usage Data may include information such as your computer’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Service that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Service by or through a mobile device, this Usage Data may include information such as the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

Location Data

We may use and store information about your location if you give us permission to do so (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service.

You can enable or disable location services when you use our Service at any time, through your device settings.

Tracking & Cookies Data

We use cookies and similar tracking technologies to track the activity on our Service and hold certain information.

Cookies are files with small amount of data which may include an anonymous unique identifier. Cookies are sent to your browser from a website and stored on your device. Tracking technologies also used are beacons, tags, and scripts to collect and track information and to improve and analyze our Service.

You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some portions of our Service.

Examples of Cookies we use:

  • Session Cookies. We use Session Cookies to operate our Service.
  • Preference Cookies. We use Preference Cookies to remember your preferences and various settings.
  • Security Cookies. We use Security Cookies for security purposes.
  • Advertising Cookies. Advertising Cookies are used to serve you with advertisements that may be relevant to you and your interests.

Use of Data

The Neon Project uses the collected data for various purposes:

  • To provide and maintain our Service
  • To notify you about changes to our Service
  • To allow you to participate in interactive features of our Service when you choose to do so
  • To provide customer support
  • To gather analysis or valuable information so that we can improve our Service
  • To monitor the usage of our Service
  • To detect, prevent and address technical issues
  • To provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information

Retention of Data

The Neon Project will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Neon Project will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Transfer Of Data

Your information, including Personal Data, may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

If you are located outside Spain and choose to provide information to us, please note that we transfer the data, including Personal Data, to Spain and process it there.

Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

The Neon Project Chatbots will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal Data will take place to an organization or a country unless there are adequate controls in place including the security of your data and other personal information.

Disclosure Of Data

Legal Requirements

The Neon Project Chatbots may disclose your Personal Data in the good faith belief that such action is necessary to:

  • To comply with a legal obligation
  • To protect and defend the rights or property of The Neon Project
  • To prevent or investigate possible wrongdoing in connection with the Service
  • To protect the personal safety of users of the Service or the public
  • To protect against legal liability

Security Of Data

The security of your data is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Data, we cannot guarantee its absolute security.

Your Rights

The Neon Project aims to take reasonable steps to allow you to correct, amend, delete, or limit the use of your Personal Data.

Whenever made possible, you can update your Personal Data directly within your account settings section. If you are unable to change your Personal Data, please contact us to make the required changes.

If you wish to be informed what Personal Data we hold about you and if you want it to be removed from our systems, please contact us.

In certain circumstances, you have the right:

  • To access and receive a copy of the Personal Data we hold about you
  • To rectify any Personal Data held about you that is inaccurate
  • To request the deletion of Personal Data held about you

You have the right to data portability for the information you provide to The Neon Project. You can request to obtain a copy of your Personal Data in a commonly used electronic format so that you can manage and move it.

Please note that we may ask you to verify your identity before responding to such requests.

Service Providers

We may employ third party companies and individuals to facilitate our Service (“Service Providers”), to provide the Service on our behalf, to perform Service-related services or to assist us in analyzing how our Service is used.

These third parties have access to your Personal Data only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

Analytics

We may use third-party Service Providers to monitor and analyze the use of our Service.

  • Google AnalyticsGoogle Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

    For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: http://www.google.com/intl/en/policies/privacy/

Advertising

We may use third-party Service Providers to show advertisements to you to help support and maintain our Service. Please refer to each provider’s Terms and Conditions pages.

  • Twitter
  • Facebook
Behavioral Remarketing

The Neon Project Chatbots uses remarketing services to advertise on third party websites to you after you visited our Service. We and our third-party vendors use cookies to inform, optimize and serve ads based on your past visits to our Service.

Payments

We may provide paid products and/or services within the Service. In that case, we use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

The payment processors we work with are:

Links To Other Sites

Our Service may contain links to other sites that are not operated by us. If you click on a third party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Children’s Privacy

Our Service does not address anyone under the age of 18 (“Children”).

We do not knowingly collect personally identifiable information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Children has provided us with Personal Data, please contact us. If we become aware that we have collected Personal Data from children without verification of parental consent, we take steps to remove that information from our servers.

Changes To This Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new Privacy Policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “effective date” at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: cristina@theneonproject.org