Application Terms of Use

This Terms and Conditions Agreement governs the use of the NeoWorlder website, services and products, operated primarily under the brand NeoWorlder. NeoWorlder Enterprises, Inc., is the parent company to Neoworlder IP, LLC, NeoWorlder Ventures, LLC, NeoWorlder Technologies, LLC and ATS Global LLC.

NeoWorlder specializes in creating virtual personas ("Personas") and custom AI skills for these personas, each designed to autonomously handle specific business functions. These personas use advanced AI to perform tasks ranging from routine to complex, effectively acting as AI-powered employees with specialized capabilities. Users interested in deploying "Personas" must engage with NeoWorlder to create a tailored solution through a Software as a Service Agreement. Inquiries about "Personas" should be directed to NeoWorlder via email at [email protected] or through the website. This Agreement pertains solely to the general use of the NeoWorlder website and the applications and information contained therein.

The terms set forth herein constitute a legally binding contract ("Agreement") between NeoWorlder and any natural or legal person who accesses or utilizes our website and/or mobile application, including all related features, products, and services ("Platforms"), in any capacity ("you" or "your" or "User"). This Agreement governs your use of any and all current or future products, services, functionalities, or offerings provided through our Platforms ("Services"), and is subject to periodic updates. In the event of a conflict between any provision of this Agreement and a separate written agreement with a third-party partner, the terms of the separate agreement shall prevail in relation to that partner to the extent necessary to resolve the conflict.

By using the Platforms, you expressly agree to be bound by the terms of this Agreement. If you do not agree with any of the terms, please do not use the Platforms. If you have any questions about the Terms, please contact us at[email protected] .Please note that your access to the Services, other platforms, or utilization of our Services and Personas ("Products"), offers, or promotions in relation to the Products, as may be provided by us and/or our affiliates, may be governed by other terms and conditions, policies, or guidelines ("Additional Terms") along with these Terms. If these Terms are inconsistent with any Additional Terms, the Additional Terms will control to the extent of such inconsistency with respect to the applicable Services or utilization of the Product. These Terms govern your use of the Platforms and transactions or dealings thereon.

For the purposes of these Terms: (a) "Platforms" relates to the website having URL: https://www.neoworlder.com, which may include its corresponding mobile application, any other digital mode and/or operating system as provided by us, wherein you may gather necessary information about the Products and includes applications controlled and managed by us which interact with one or more such mobile applications and/or websites and digital modes as provided by us; (b) "Products" refers to:

  • 'Personas': Innovative AI-driven virtual employees that autonomously handle work-related tasks using dedicated accounts, enhancing efficiency and accuracy across various business scenarios.
  • 'Skills': Specific capabilities assigned to Personas, enabling them to perform specialized functions like email management, design generation, or customer interaction, powered by integration with platforms like Gmail API and Conversica for email automation and marketing response. (c) We and you are hereinafter individually referred to as “Party” and collectively as “Parties”.

Please read this Agreement carefully to understand the conditions applicable in case of usage of the Platforms and for viewing the necessary information related to the Products.

1. General

1.1 The terms and conditions for usage of the Platforms, as set out herein (“Terms and Conditions”), specifically govern your access to and use of the Platforms, which provide a forum for you to, inter alia, discover, utilize our Services, and/or acquire information about our Products ("Personas" and "Skills"), as listed on the Platforms.

1.2 Please note that we may, from time to time, change this Terms and Conditions Agreement that governs your use of the Platforms. Every time you wish to use our Platforms, please check these Terms and Conditions to ensure you understand the terms and conditions that apply at that time. Changes will be communicated through the Platforms or other means, providing you the opportunity to review modifications before they become effective.

1.3 Accessing, browsing, or otherwise using the Platforms indicates your agreement to these Terms and Conditions, our Privacy Policy, and any other policies or guidelines that may be applicable to your usage of the Platforms, at the time of your access and usage of the Platforms, which may be updated from time to time. By using the Platforms, you are deemed to have digitally signed and agreed to these Terms and Conditions.

1.4 This document is an electronic record under the California Consumer Privacy Act (CCPA) and applicable state legislation across the United States, and the amended provisions pertaining to electronic records in various statutes as amended by the American legislature. This electronic record does not require any physical or digital signatures beyond your use of the Platform, which constitutes your acceptance of this Agreement.

1.5 We authorize you to view and access the Platforms solely for identifying our Services and Products, as well as to contact us for any further information and/or communication. Therefore, we grant you a limited, revocable permission to access and use the Platform, as provided by us.

1.6 From time to time, we may, at our sole discretion, offer exclusive promotions on our Platforms to promote certain Products. These promotions may include temporarily reduced prices for a limited period and are subject to availability and may be changed or withdrawn without prior notice. Additionally, we may organize contests and sweepstakes on the Platforms, and such contests and sweepstakes shall be subject to rules and regulations that we establish and publish at the time of the event, on our website.

1.7 By accepting this Agreement, you affirm that you are at least 18 years of age, or above, if you are a resident of the United States of America, and are fully competent to enter into this Agreement, and to abide by and comply with this Agreement. If a User is below 16 years of age in the United States of America and/or any other country with a different age of attaining legal majority, it is assumed that he/she is using and/or browsing the Platforms under the supervision of his/her parent or legal guardian, and that such User’s parent or legal guardian has read and agreed to the Terms of this Agreement. In the event we are made aware that a User is under the age of 16 years and is using and/or browsing the Platforms without the supervision of his/her parent or legal guardian, we reserve the right to deactivate such User’s account without further notice. Further, if you are using the Services or purchasing the Products on behalf of a company or an organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.

2. Registration of your Account

2.1 In order to utilize certain features of our Products on the Platforms, registration of an account may be required. Depending on the agreement entered between you and NeoWorlder, we may facilitate the registration process on your behalf, or you may need to complete this process independently. Registration is a one-time process that is contingent upon successful verification of the information provided by you as a new user. Once registered, you will have access to and be able to avail the Services or Products by logging in with your registered credentials. We encourage you to read our Privacy Policy to understand how we collect, use, and protect your personal and non-personal information.

2.2 You are the sole authorized user of your account, and it is your responsibility to maintain the confidentiality of the login credentials associated with your account on the Platforms. You are also responsible for restricting access to your computer, mobile device, or other devices to prevent unauthorized account access. You shall remain solely liable for all activities conducted and transactions completed through your account.

2.3 You must: 2.3.1 Immediately inform us of any unauthorized use of your account or any other breach of security. The security of your account includes keeping your password confidential and not sharing it with others. 2.3.2 Ensure that you log out from your account at the end of each session to prevent unauthorized access. Our employees, agents, directors, and officers will not be liable for any loss or damage arising from your failure to comply with these security obligations. You could be held liable for losses incurred by NeoWorlder or another party due to someone else using your account, caused by your failing to secure it.

2.4 We reserve the right to refuse service, terminate accounts, or remove or edit content if you violate any of the Terms and Conditions. We may also do this if required to comply with legal requirements or protect the rights, property, or safety of our company, our users, or others. It is important to regularly review these Terms and Conditions, as they can change over time, and your continued use of the Platforms signifies your agreement to any amendments.

SKILLS, DOWNLOADS, AND FEATURES

3. How to Use Our Product

3.1. At NeoWorlder, we offer bespoke AI solutions that are crafted to address the unique requirements of your business. To initiate the development of a tailored solution, please contact us through our website. We will engage with you promptly to discuss your needs and provide a personalized service proposal. Following agreement on the specifics and pricing, a service agreement will be executed, detailing the service provision, fees, and the terms of engagement.

3.2. Service may be temporarily suspended in the event of billing delays. Upon the termination or cancellation of an account or agreement, all associated data and personas will be securely and permanently deleted to ensure data privacy and compliance.

4. Skills, Downloads, and Features

4.1. Gmail Perceptor

    • Functionality: This feature assigns a dedicated email address to a Persona, enabling automated email communication management. This includes reading, understanding, and appropriately responding to emails autonomously.
    • API Integration: Utilizes Gmail API with specific scopes (https://www.googleapis.com/auth/gmail.modify and https://www.googleapis.com/auth/userinfo.email) to ensure comprehensive functionality and security. NeoWorlder manages the setup and maintenance of these permissions, and customers interact with their Persona via email without needing direct access to the underlying email account.
    • Example Use Cases:
      • Conversica Plugin: Enables a Persona to receive email notifications from the Conversica system, allowing it to read incoming responses from potential leads and respond in a manner that supports business goals, such as setting appointments or converting prospects into hot leads.
      • Fashion Designer: Allows users to email a Persona with an idea for a clothing item. The Fashion Designer Persona uses the Gmail Perceptor to understand the request and then crafts and sends back a mock-up design via email.

4.2. NeoBox

  • Functionality: The NeoBox is a downloadable application that provides users direct access to 3D environments, games, or owned assets on our platform. It serves as a gateway for users to engage with a rich, interactive digital world, enhancing the user experience by integrating various multimedia and interactive elements.
  • Integration: No Google APIs are used in the operation of NeoBox, ensuring that its functionality is self-contained and focused on providing a seamless user experience in accessing digital content.

4.3. NeoChat

  • Functionality: NeoChat functions similarly to a website chat system but is enhanced by each Persona having its own database to store conversation history. When a returning user is verified by an identifier, the Persona can reference previous conversations or relevant information, enabling a more personalized and context-aware interaction.

4.4. Compliance and User Responsibility

  • Users are required to adhere to general terms of service, which include maintaining respectful and lawful use of all digital content and features offered by NeoWorlder. Compliance with these terms ensures a safe and enjoyable experience for all users.

4.5. Indemnification

  • By using any skills or features offered by NeoWorlder, including the NeoBox and NeoChat, users agree to indemnify and hold harmless NeoWorlder from any liabilities, claims, or expenses that arise from breaches of terms or misuse of the products.

4.6. Consent and Acknowledgment

  • By downloading or using the NeoBox, NeoChat, or any other features, users explicitly consent to comply with all associated terms and conditions, underscoring their commitment to legal and ethical use of the technology provided.

5. Communication and Unsubscription

5.1. Receiving Communications: By accepting the Terms and Conditions of this Agreement, you consent to receive news, updates, offers, and/or campaign-related communications to the registered mobile phone number and/or email address you have provided to us. This consent includes receiving communications through calls, SMS, emails, or other digital and electronic means from us or our authorized representatives concerning new services, products, promotions, changes, updates, or offerings. Your consent to receive these communications is part of engaging with our Platforms.

5.2. Opting Out: You have the right to withdraw your consent and unsubscribe from receiving marketing or promotional communications, newsletters, and other notifications from us at any time. To unsubscribe, simply follow the instructions provided in any communication you receive, which will guide you on how to contact our customer support or directly manage your preferences. Alternatively, you can directly contact us at [email protected] to request the cessation of communications. Upon receiving your request, we will promptly remove your contact details from our marketing databases and confirm the completion of this process to you.

6. Rating and Review

6.1. Feedback Importance: Your feedback is invaluable to us as we strive to continually improve our Platform, Services, and Products. By using our Platform, you agree to the following terms regarding ratings and reviews:

  • 6.1.1. Voluntary Participation: Participation in rating and reviewing our Products is entirely voluntary. You are not obligated to provide feedback but are encouraged to share your honest and genuine experiences to help us improve.
  • 6.1.2. Authenticity and Honesty: Reviews should accurately reflect your genuine experience with our Product, the Platform, and the Services. We value honesty and transparency in all feedback.
  • 6.1.3. Content Guidelines: Reviews must adhere to internet community guidelines and should refrain from including offensive, defamatory, or inappropriate content. Such content can harm the sentiments of other users or parties and is not permitted.
  • 6.1.4. Moderation and Management: We reserve the right to moderate, publish, edit, or remove reviews at our discretion, particularly those deemed defamatory or in violation of our policies. This is to ensure a respectful and constructive community environment.
  • 6.1.5. Public Visibility: Reviews may be publicly visible on our Platform and accessible to other users. By submitting a review, you acknowledge and consent to its potential visibility and display to the public.
  • 6.1.6. Responses to Reviews: We may respond to reviews in a professional manner, addressing any concerns or feedback provided. While we aim to address relevant issues, we are not obligated to respond to every review.
  • 6.1.7. Use in Promotions: Reviews and ratings may be utilized for promotional or marketing purposes, provided they are used in compliance with our Privacy Policy and applicable laws. This helps us highlight positive experiences and address areas of improvement.
  • 6.1.8. Intellectual Property Rights: By submitting a review, you grant us a non-exclusive, perpetual, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display the review content worldwide in any media.
  • 6.1.9. Dispute Resolution: If you have any concerns regarding a review or our response to your feedback, please contact us directly to discuss the issue. We are committed to resolving disputes amicably and in accordance with our Terms and Conditions.

7. Disclaimer of Warranties, Inaccuracies or Errors

7.1. Accuracy of Information: While we strive to ensure that all information and recommendations provided on this Platform—including those related to services, products, and offerings—are accurate at the time of inclusion, we do not guarantee the accuracy, completeness, or timeliness of this information.

7.2. Use at Your Own Risk: You acknowledge that the information provided is supplied to you on an "as is" basis. We encourage you to make your own assessments regarding the suitability of the information for your purposes before use. No content on the Platform constitutes an invitation to invest, and you should not rely on the information for investment or critical decisions. All use of this Platform and the information you gather from it is at your own risk.

7.3. Prohibited Actions: Users must avoid any actions on the Platform that:

  • Violate laws or regulations;
  • Threaten, defame, or harass others;
  • Involve publishing or disseminating any offensive, obscene, or racially offensive content;
  • Promote or facilitate illegal activities;
  • Infringe on intellectual property rights or disclose confidential information.

7.4. Restrictions on Use of the Platform:

  • Users are prohibited from copying, altering, or exploiting any part of the Platform without proper authorization.
  • Reverse engineering, disassembling, or otherwise attempting to derive the source code of the software used on the Platform is strictly prohibited unless specifically allowed under open-source licensing terms.
  • The Platform may not be used to develop competing products or services or to provide services to third parties without prior written approval.
  • It is prohibited to license, sell, rent, or otherwise commercially exploit the Platform without our explicit consent.

7.5. Intellectual Property: Usage of any service, product, process, or software described on the Platform does not imply a recommendation or endorsement and is not intended to infringe on any patents, trademarks, or other intellectual property rights.

7.6. No Implied Warranties:

  • We provide the Platform without any express or implied warranties of quality, suitability for a particular purpose, or non-infringement.
  • There is no guarantee that the Platform will always be available or operate without disruptions or be free from errors. We do not warrant that defects will be corrected or that the Platform or the server that makes it available are free of viruses or other harmful components.
  • We, along with any third party involved in creating, producing, or delivering the Platform, will not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of your access to, use of, or inability to use the Platform, or any errors or omissions in the content thereof.

7.7. Limitation of Liability: To the extent permitted by law, we disclaim any liability for losses, damages, costs, or expenses resulting from the use of this Platform, including any data loss or business interruption. This includes situations arising from accessing or other interactions with any third-party content or site introduced via the Platform.

7.8 You agree not to use any telephone numbers (including mobile) for contacting individuals (“Contacts”) via SMS text, voice calls, or other mobile messaging methods (“Messaging”) through Platforms or Personas unless you have first secured explicit opt-in consent from the owner or authorized user of the telephone number. This consent must legally permit us to conduct Messaging conversations with the Contacts on your behalf using that telephone number. Additionally, you agree to maintain records of these consents for no less than four years, or as longer required by applicable laws, and to provide access to these records upon our reasonable request. You further acknowledge and accept your independent duty to comply with all applicable laws regarding the collection and submission of telephone numbers to us for the purposes of using the Platforms.

7.9 In utilizing our mass mailing services, or emailing or other messaging services, you acknowledge and agree to be fully responsible for the data you input into our system, and having obtained the requisite permissions to use the recipients information for the purposes of communicating with that person. Below are specific terms and conditions related to the use of our mass email services:

  • Email Content and Data Accuracy: You must ensure that all email content sent through our platform, including but not limited to transactional emails, bulk emails, and emails utilizing AMP email format, is accurate, legally compliant, and sourced from your legitimate data collection processes. You are solely responsible for the accuracy and legality of all data, including email addresses and content, you provide to us.
  • Opt-In Verification: You must only send emails to recipients who have explicitly opted-in to receive communications from you. It is your responsibility to verify and maintain records of such opt-ins and to provide evidence of consent if required by us or by regulatory authorities.
  • Use of Email Formats and Features: When using advanced features such as AMP email format or dynamic queuing algorithms, you must adhere to all applicable guidelines and best practices, ensuring that these technologies are used in a responsible and compliant manner.
  • Separation of Email Types: Separation of Email Types: You must keep transactional and marketing emails separate to avoid confusion and to comply with legal standards. Each type of email should be clearly distinguished and conform to its specific regulations.
  • Unsubscribe Compliance: Every communication message sent includes a clear and functional unsubscribe link, allowing recipients to easily opt-out of future communications. You must not tamper with this process.
  • Liability and Indemnification: You agree to indemnify, defend, and hold harmless our company from any claims, damages, losses, liabilities, and expenses arising from your failure to comply with these terms or from any unauthorized or illegal use of the data you provide.
  • Compliance with Laws: You are responsible for ensuring that all emails sent through our platform comply with all applicable laws and regulations, including but not limited to privacy laws and regulations governing electronic communications.

By agreeing to these terms, you acknowledge your role and responsibility in maintaining the integrity and legality of the data used in our mass mailing services. Failure to adhere to these guidelines may result in suspension or termination of your access to our services.

8. Availability and Accessibility of the Platform

8.1. Geographic Availability: We operate and manage the Platforms from the United States of America and do not claim that the content provided through the Platforms is appropriate or available for use in other locations. Usage of the Platforms from territories where the content is illegal is prohibited. Users who choose to access the Platforms from locations outside the United States of America do so on their own initiative and are responsible for compliance with local laws.

8.2. Content Availability: Information we publish on the worldwide web may include references or cross-references to our products, programs, and services that are not announced or available in your country. These references do not imply that we plan to announce or make available such products, programs, or services in your country.

9. Third Party Interactions

9.1. Interaction with Third Parties: During your use of the Platforms, you may engage in transactions with, or participate in promotions of, third-party advertisers, sponsors, or other third parties found on or through the Platforms. Any such activities, and any terms, conditions, warranties, or representations associated with such activities, are solely between you and the relevant third party. NeoWorlder does not make any representation or warranty regarding any content, goods, or services provided by third parties, even if linked to our Platforms. Consequently, we are not liable for any loss or claim that you may have against an advertiser or third-party.

10. Copyrights

10.1. Protected Content: The Platforms contain various forms of content including text, graphics, photographs, videos, and sound, all of which are protected by copyright and/or other intellectual property rights ("Protected Content"). All copyrights and intellectual property rights in the Protected Content are owned by us or have been licensed to us by the rights holders to enable their use on NeoWorlder. We retain copyright on all content displayed on the Platforms, including all multimedia elements and trademarks.

10.2. Limited Use License: Upon registering on the Platforms, you are granted a limited, revocable, personal, non-exclusive, and non-transferable license to access and use the Protected Content for personal, non-commercial purposes. This includes the right to view content on your personal device and to print copies for personal use, provided that such use does not infringe on our intellectual property rights.

10.3. Usage Restrictions:

  • You may not copy, distribute, modify, or create derivative works from any Protected Content without our express written permission.
  • The use of Protected Content for commercial purposes, redistribution, public display, or creating derivative works is strictly prohibited.
  • You must not remove any copyright, trademark, or other proprietary notices from any copies of materials from the Platforms.
  • Linking to our Platforms or its content requires our express written consent.

10.4. Prohibited Activities: The license does not permit:

  • The resale or commercial use of the Platforms or any of its contents;
  • Collection and use of any product listings, descriptions, or prices;
  • Any derivative use of the Platforms or its contents, or any use of data mining, robots, or similar data gathering and extraction tools.

11. Trademarks

11.1. Trademark Ownership: All trademarks, service marks, and trade names used on the Platforms, including those marked with “TM” or “R”, are owned by NeoWorlder or its affiliates. These trademarks include, but are not limited to, the names and logos of NeoWorlder and its associated services and products. They may not be used in connection with any product or service that is not affiliated with us, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NeoWorlder.

11.2. Reporting Infringement: If you believe that your intellectual property rights have been infringed upon in a manner that raises concerns, please contact us at [email protected] to report the issue. We are committed to addressing your concerns promptly and effectively.

12. License and Use of Your Content

12.1. Grant of License: By posting or submitting any material such as comments, posts, photos, images, or other contributions to the Platforms, you are granting us a royalty-free, perpetual, irrevocable, non-exclusive, and worldwide license to use, reproduce, modify, publish, translate, distribute, perform, and display these materials in any form, media, or technology, whether now known or hereafter developed. You also agree that we may use any ideas, concepts, know-how, or techniques that you provide to us for any purpose. Furthermore, you waive all rights to any claim against us for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with such communications.

12.2. Monitoring and Enforcement: We reserve the right to monitor all postings and to remove any which we consider, in our sole discretion, to be inappropriate or a breach of these terms. We also reserve the right to report any illegal activity to law enforcement authorities and cooperate with them as needed.

12.3. User Responsibility and Indemnification: You are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Platforms you agree not to, post or transmit any material that violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

12.4. Termination of Access: We reserve the right to terminate or restrict your access to the Platforms at any time without notice for any reason whatsoever. Upon termination, you must promptly destroy all materials downloaded or otherwise obtained from this site, as well as all copies of such materials.

13. Indemnification and Limitation of Liability

13.1. Indemnification: You agree to defend, indemnify, and hold harmless NeoWorlder, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, liability, damages, and/or costs (including, but not limited to, reasonable attorney fees and costs) arising from your use of the Platforms, your violation of the Terms and Conditions, or your infringement, or infringement by any other user of your account, of any intellectual property or other rights of any person or entity.

13.2. Limitation of Liability: In no event will NeoWorlder, its affiliates, officers, directors, employees, consultants, agents, or licensors be liable for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (a) errors, mistakes, or inaccuracies of content, (b) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our service, (c) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein.

16. Grievance Officer

16.1. If you have any grievances regarding the information you have shared with us, or about the services you are receiving, you may contact our Grievance Officer at the following details:

17. Contact Information

17.1. We offer several ways for you to contact us:

  • Email: For detailed inquiries or sending instructions, please contact us at [email protected].

18. Force Majeure

18.1. We are not liable for any delays or failures in performance resulting from acts beyond our reasonable control, including natural disasters, floods, earthquakes, strikes, pandemics, wars, or other events of a similar nature.

19. Waiver

19.1. No waiver of any term or condition of these Terms and Conditions shall be deemed further or continuing waiver of such term or any other term, and our failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

20. Severability

20.1. If any provision of these Terms and Conditions is found to be invalid, illegal, or unenforceable, the remaining provisions will continue in full force and effect. This document will be amended to best accomplish the objectives of the original provision to the fullest extent allowed by law.

21. Amendment

21.1. These Terms and Conditions may be amended or updated from time to time without notice. You are encouraged to review them periodically to stay informed of any changes. Your continued use of the Platforms after any such changes constitutes your acceptance of the new Terms and Conditions.