Last updated: January 31, 2023
Welcome to scena.ai. Please read these Terms and Conditions of Service (hereinafter as “Terms“)
carefully before using scena.ai website or as well as any related applications (hereinafter as “Service“)
operated by bot.media, s.r.o., Company reg. no.: 51059339, VAT ID: SK2120590032,
Karpatské nám 10, 831 06 Bratislava, Slovakia, E.U. (hereinafter as “us“, or “we“, or “our“).
The Service is a non-exclusive license to software-as-a-service (SaaS) described in the Description of the Service in these Terms. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms.
You hereby waive any applicable rights to require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent not prohibited under applicable law.
These Terms apply to all visitors, users and others who access or use the Service. By accessing or using the Service you agree to be bound by these Terms. On the moment you start using Service these Terms become a legal agreement between you as the Service’s user and us. If you disagree with any part of the Terms, then you may not access the Service.
scena.ai provides the following services: Video Recording, Audio Recording, Screen Recording, Emails, Creating and Managing scripts and video chats, Send Responses to Customers.
You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms of Service. We may make changes to these Terms of Service at any time. The updated version of these Terms of Service will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms of Service to stay informed of updates. Your continued use of the Site and/or Services represents that you have accepted such changes.
The Service is only intended for individuals over the age of eighteen (18) years. If you are under eighteen (18) years of age please do not visit the Site or use the Service/application. We may update or change the Site or application from time to time to reflect changes to our products, our user needs and/or our business priorities.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
Our full Acceptable Use
The policy sets out all the permitted uses and prohibited uses of this Site or Service. You may not access or use the Site or Service for any purpose other than that for which we make the Site and our Services available. The Site and Service may not be used in connection with any commercial endeavours except those that are specifically endorsed or approved by us.
Prohibited usage
In particular, You are required to ensure that You do not conduct any of the Prohibited Usage described in this Section.
1. Systematically retrieve data or other content from the Site or Service to a compile database or directory without written permission from us.
2. Make any unauthorized use of the Site or Service, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretences.
3. Use a buying agent or purchasing agent to make purchases on the Site or Service.
4. Use the Site or Service to advertise or sell goods and services.
5. Circumvent, disable, or otherwise interfere with security-related features of the Site or Service, including features that prevent or restrict the use or copying of any content or enforce limitations on the use.
6. Engage in unauthorized framing of or linking to the Site or Service.
7. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
8. Make improper use of our support services, or submit false reports of abuse or misconduct.
9. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools
10. Interfere with, disrupt, or create an undue burden on the Site/Service or the networks and services connected to the Site/Service.
11. Attempt to impersonate another user or person, or use the username of another user.
12. Sell or otherwise transfer your profile.
13. Use any information obtained from the Site or Application in order to harass, abuse, or harm another person.
14. Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavour or commercial enterprise.
15. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site or Application.
16. Attempt to access any portions of the Site or Application that you are restricted from accessing.
17. Harass, annoy, intimidate, or threaten any of our employees, agents, or other users.
18. Delete the copyright or other proprietary rights notice from any of the content.
19. Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, Node JS, Angular JS or other code.
20. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism.
21. Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools.
22. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site or Application
23. Use the Site in a manner inconsistent with any applicable laws or regulations.
24. Threaten users with negative feedback or offering services solely to give positive feedback to users
25. Misrepresent experience, skills, or information about a User.
26. Advertise products or services not intended by us.
27. Falsely imply a relationship with us or another company with whom you do not have a relationship.
You represent and warrant that:
(a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party;
(b) you will maintain the accuracy of such information and promptly update such information as necessary;
(c) you will keep your password confidential and will be responsible for all use of your password and account;
(d) you have the legal capacity and you agree to comply with these Terms of Service; and
(e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site or Service
If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at help@bot.media
If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your
account. We may remove or change a user name you select if we determine that such user name is inappropriate.
As part of the functionality of the Service, you may link your account with online accounts you may have with the Third-Party service providers (each such account, a Third-Party Account) by either:
(a) providing your Third-Party Account login information through the Site; or
(b) allowing us to access your Third-Party Account, as is permitted under the applicable terms of service that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-PartyAccount login information to us and/or grant us access to your Third-Party Account without breach by you of any of the terms of service that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such Third-Party service providers. By granting us access to any Third-Party Accounts, you understand that:
(a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Service via your account, including without limitation; and
(b) we may submit and receive additional information to your Third-Party Account to the extent you are notified when you link your account with the Third-Party Account.
Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) and Service are owned or licensed to us and are protected by copyright and trademark laws.
Except as expressly provided in these terms of service, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Service, you are granted a limited license to access and use the Site and Our Content and to download or share any portion of the created Content to which you have properly gained access for your personal and commercial use.
The selected avatars that have not been specifically generated for you and are currently accessible on the Service as Stock Avatars for the Director Project plan (specifically these models: Alisha, Anna, Bridget, Charlotte, Christina, Emma, Evelyn, Isabela, Jenny, Kiara, Laura, Mary, Nina, Reema, Rosa, Rosie, Sofia, Sonia, Veronika, Chef Collie, Jackie, Julie, Natalie, Nora, Ronja, Sana, Aiden, Andy, Ashen, Dave, Eric, Jack, Jameson, Kenneth, Kyle, Marcus, Matt, Noah, Paul, Richard, Thomas, Tony, Trent, Vincent, Will, Anton, Axel, Chuck, Cooper, Dr.Dass, George, Jeremy, Jimmy, Jonathan, Piere, Rory, Samuel)
are subject to general restrictions;
You agree not to use:
You shall not
(a) try to gain unauthorised access to the Service or any networks, servers or computer systems connected to the Service; and/or
(b) make for any purpose including error correction, any modifications, adaptations, additions or enhancements to the Service or Our Content, including the modification of the paper or digital copies you may have downloaded.
We shall
(a) prepare the Service and Our Content with reasonable skill and care; and
(b) use industry-standard virus detection software to try to block the uploading of content to the Site that contains
viruses.
The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.
Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.
We reserve the right at our sole discretion, to
(1) monitor the Site and Application for breaches of these Terms of Service;
(2) take appropriate legal action against anyone in breach of applicable laws or these terms of service;
(3) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and
(4) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.
You are responsible for configuring your information technology, computer programs and platform to access the Site and Application and you should use your own virus protection software.
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.
We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site or Services, resulting in interruptions, delays, or errors.
There may be information on the Site or Application that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.
Limitation of Liability
You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.
We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.
We do not guarantee that the Site and Application will be secure or free from bugs or viruses.
The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms of Service. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.
We make no warranties or representations about the accuracy or completeness of the Site’s or Application’s content and are not liable for any
(1) errors or omissions in content:
(2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server;
(3) any interruption or cessation of transmission to or from the site or services; and/or
(4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
We will not be responsible for any delay or failure to comply with our obligations under these Terms of Service if such delay or failure is caused by an event beyond our reasonable control.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
If we fail to comply with these Terms of Service, we will be responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms of Service, but we would not be responsible for any loss or damage that was not foreseeable at the time you started using the Site/Services.
If you are a business user:
We will not be liable to you for any loss or damage, whether in contract or (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
● use of, or inability to use, our Site/Services; or
● use of or reliance on any content displayed on our Site.
In particular, we will not be liable for:
● loss of profits, sales, business, or revenue;
● business interruption;
● loss of anticipated savings;
● loss of business opportunity, goodwill or reputation; or
● any indirect or consequential loss or damage.
Termination
These Terms of Service shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at help@bot.media
Without limiting any other provision of these Terms of Service, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms of Service or of any applicable law or regulation.
If we determine, at our sole discretion, that your use of the Site/Services is in breach of these Terms of Service or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.