Last updated 1 June 2022
By downloading or using a Bot, you agree to be bound by all of these terms (the “Bot License Agreement”). If you disagree with any of the terms of this Bot License Agreement, you are not granted a license to use any Bot. If you are dissatisfied with any part of any Bot or this Bot License Agreement, your only recourse is to stop using any Bot.
By downloading or using any Bot, you represent that you have full power, capacity, and authority to accept the terms of this Bot License Agreement. If you are accepting on behalf of your employer, or another entity, you represent that you have full legal authority to bind your employer or such entity to this Bot License Agreement. If you don’t have the legal authority to bind, please ensure that an authorised person from your entity consents to and accepts the terms of this Bot License Agreement.
Capitol Hill reserves the right to modify, limit, suspend, or discontinue your, or any user’s, access to a Bot, or the terms of this Bot License Agreement at any time without notice. It is your responsibility to regularly review and comply with any changes or updates to this Bot License Agreement and any other applicable terms. Upon termination of a Bot license, you shall cease all use of any Bot.
Bots are owned by Capitol Hill or third parties (the Bot’s “Owner”). All Bots are the proprietary intellectual property of the Bot’s Owner, with all rights reserved. This Bot License Agreement grants you no right, title, or interest of any kind in any Bot or a Bot’s existing and/or underlying data. Bots are licensed, not sold.
Although Capitol Hill makes third-party Bots available through its Bot Store, it cannot and does not grant you a license for such third-party Bots. The Owner of a Bot directly grants to you a limited, revocable, non-exclusive, non-assignable, non-transferable, non-sublicensable license to download and use any Bot to which you have properly gained access, provided that you keep all copyright or other proprietary notices intact, and subject to the terms of this Bot License Agreement.
Specifically, you may not–except to the extent enforcement of the foregoing is prohibited by applicable law–reverse engineer, decompile, decode, decrypt, disassemble, or otherwise attempt to copy or derive the source code, techniques, processes, algorithms, know-how or other information from the binary code portions of a Bot or permit or induce the foregoing. You may, however, otherwise use and/or add to any Bot to the extent necessary to achieve interoperability with Capitol Hill’s Enterprise Software for the duration of your Capitol Hill Software License Agreement (the “AASLA”); when the AASLA terminates, the license granted herein also terminates, and you must cease use of the Bot and any of the Bot’s existing or underlying data or code. Further, you may not disclose any information associated with a Bot to any third party or use it to create any software which is substantially similar to Capitol Hill’s Enterprise Software or any Bot.
Any other use of any Bot is strictly prohibited and will terminate the license granted herein. Such unauthorised use may also violate applicable copyright, trademark, communications, or other laws and regulations.
A Bot’s Owner represents and warrants that it owns the Bot and/or any requisite licenses or authorizations necessary to grant you this license. However, some underlying data in a Bot may be owned by third parties and the grant of this license does not override a third-party owner’s copyrights, trademarks, requirements, use restrictions, or other propriety rights and protections. Capitol Hill cannot and does not grant permission to use a third party’s data, and you are solely responsible for acquiring from such third-party owners, and also complying with, whatever rights, requirements, and/or restrictions apply to such data. You understand and agree that Capitol Hill makes no representations or warranties that a Bot does not infringe on any owner’s intellectual property rights.
You represent and warrant that you will not use, or permit the use of, a Bot in a manner that is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
USE OF A BOT IS “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. CAPITOL HILL MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS OR WARRANTIES OF ANY KIND, INCLUDING REGARDING ANY BOT AND/OR ANY DATA OR INFORMATION PROVIDED VIA THE BOT STORE. CAPITOL HILL EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, SATISFACTORY QUALITY, ACCURACY, QUIET ENJOYMENT, SECURITY, TITLE, AND NON-INFRINGEMENT OF ANY PARTY’S RIGHTS. CAPITOL HILL DOES NOT REPRESENT OR WARRANT THAT ANY BOT IS FREE OF INACCURACIES, ERRORS, BUGS, VIRUSES, MALWARE, INTERRUPTIONS, OR IS RELIABLE, ACCURATE, COMPLETE, OTHERWISE VALID, OR THAT ANY DEFECTS WILL BE CORRECTED. YOUR USE OF THE BOT IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE USE OF ANY BOT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS LIABILITY AND DISCLAIMERS MAY NOT APPLY TO YOU.
CAPITOL HILL AND ITS OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES OR COSTS AND EXPENSES (INCLUDING ATTORNEYS’ FEES) ARISING OUT OF OR IN CONNECTION WITH USE OF A BOT OR THE BOT STORE, WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE) OR OTHER LEGAL OR EQUITABLE THEORY, FOR ANY LOST PROFITS, LOST OR CORRUPTED DATA, COMPUTER FAILURE OR MALFUNCTION, INTERRUPTION OF BUSINESS, OR ANY OTHER PECUNIARY LOSS OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, A BOT OR THE BOT STORE, EVEN IF CAPITOL HILLHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES AND WHETHER OR NOT SUCH LOSS OR DAMAGES ARE FORESEEABLE. UNDER NO CIRCUMSTANCES SHALL CAPITOL HILLBE LIABLE TO YOU FOR ANY AMOUNT.
Capitol Hill’s failure to exercise or enforce any right or provision of this Bot License Agreement shall not constitute a waiver of such right or provision.
Notwithstanding any provision hereof, for all purposes of this Bot License Agreement, you and Capitol Hill shall be and act independently and not as partner, joint ventures, agent, employee or employer of the other. You do not have any authority to assume or create any obligation for or on behalf of Capitol Hill, express or implied, and you shall not attempt to bind Capitol Hill to any contract without its express written consent.
If any provision of this Bot License Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, you and Capitol Hill agree that every other provision of this Bot License Agreement remains valid and in full force and effect.
The section headings and subheadings contained in this Bot License Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Bot License Agreement. Any construction or interpretation to be made of this Bot License Agreement shall not be construed against the drafter. This Bot License Agreement constitutes the complete and entire agreement between you and Capitol Hill with respect to the subject matter hereof, and it supersedes all other communications and agreements, oral or written, relating to the subject matter hereof.
This Bot License Agreement, and the relationship between you and Capitol Hill, shall in all respects be governed by the laws of South Africa without regard to its conflict of law principles, the United Nations Convention for the International Sale of Goods, or any implementation of the Uniform Computer Information Transactions Act. The exclusive venue and jurisdiction of any dispute or suit arising out of or in connection with this Bot License Agreement shall be only in the federal or state court with competent jurisdiction in South Africa, and you and Capitol Hill each irrevocably submit to the personal jurisdiction and venue of any such court therein.
Capitol Hill respects all relevant copyright laws, and does not permit copyright infringing activities and infringement of intellectual property rights through the use of Bots or the Bot Store. Capitol Hill will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws.
Claims: If you are a copyright owner or an agent thereof and believe that any user submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing Capitol Hill’s Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
Counter Notice: If you believe that your user submission that was removed (or to which access was disabled) is not infringing, or that you have the authorisation from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your user submission, you may send a counter-notice containing the following information:
Claims and counter-notices can be sent to legal@automize.co.za or Capitol Hill, 4 Muller Street, Bethlehem, 9701, South Africa. You acknowledge that if you fail to comply with all of the above requirements of this Section, your DMCA notice or counter-notice may not be valid.