This policy is effective as of March 2, 2022.
Batai Assitant, hereinafter Batai, with its registered office at 30 N Gould St STE 4000 SHERIDAN, WYOMING 82801, is the owner of the website: www.batai-assistant.com, hereinafter, the Batai Assitant website.
These Terms and Conditions (the "Terms and Conditions") govern the access and use of Batai Assitant's services and/or all the solutions offered by ECO VALEY LLC., a company incorporated under the laws of the United States, sole owner of Batai Assitant (Batai), as well as the use and access to its website, digital platform (the "Platform") and all services and applications (the "Services"). These Terms and Conditions apply to all visitors, users, and people who access, contract, or use the Services. The use of the Services will include, at a minimum, these Terms and Conditions.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING THE PLATFORM AND USING AND/OR ACCEPTING THE SERVICES. ANY NATURAL OR LEGAL PERSON WHO DOES NOT ACCEPT THESE TERMS AND CONDITIONS AND THE PRIVACY POLICIES, WHICH ARE BINDING AND MANDATORY, MUST REFRAIN FROM ACCESSING AND USING THE PLATFORM AND SHALL NOT CONTRACT THE SERVICES.
These Terms and Conditions constitute a legal agreement between you and Batai that regulates the main terms and conditions of access and use of the Platform as well as the contracting of the Services. If you do not accept these Terms and Conditions, you will not be able to access the Platform, nor will you be able to contract the Services. These Terms and Conditions, together with their updates, modifications, additional terms, and related policies, constitute the legal agreement between Batai Assitant and you. These Terms and Conditions expressly replace any prior agreements or commitments entered into between the parties. Batai Assitant may, at any time, terminate these Terms and Conditions, as well as cease to offer or unilaterally deny access to the Platform and/or the provision of the Services, either totally or partially, without giving rise to any claim and/or compensation in your favor.
Batai Assitant reserves the right to make any modifications it deems appropriate, without prior notice, to the General Conditions. Such modifications may be made, through its websites, by any legally admissible means, and shall be binding during the time they are published on the website until they are validly modified by subsequent ones. However, Batai Assitant reserves the right to apply, in certain cases, Specific Contracting Conditions with preference over these General Conditions whenever it deems appropriate, announcing them in a timely manner.
1.1 To use the Services, you must have a Batai Assitant account or create a new one (the "Account"). You may access the Platform and/or use the Services only to the extent that you strictly comply with these Terms and Conditions and applicable law.
1.2 By accessing and/or using any of the Services and/or the Platform, you agree to be bound by these Terms and Conditions. If you access the Platform or use the Services on behalf of an organization, entity, or legal person of any kind (the "Organization"), you agree and acknowledge that the Organization, through you, agrees to these Terms and Conditions and that you have the authority to represent and bind the Organization. You also agree and acknowledge that the Services may change from time to time as they evolve, or as features are removed or added or changes are made to the Platform, which may occur without notice.
1.3 The use and access to the Platform, website, artificial intelligence models, app, and/or any other software that may be developed by Batai Assitant in the future, as well as the contracting of the Services, are strictly prohibited for any minor according to applicable law.
1.4 You will be solely responsible for the activity occurring on your Batai Assitant account (including, without limitation, third-party data).
1.5 You may create a Batai Assitant account through any registration method provided unilaterally by Batai Assitant. It will be your responsibility to create a personal security key to log in to your Account, as well as to securely maintain your Batai Assitant Account access key, immediately notifying Batai Assitant of any unauthorized use of your Batai Assitant Account or any other violation in your Account. Through these Terms and Conditions, you agree not to disclose your password to third parties. If Batai Assitant detects or reasonably believes that different Accounts contain matching or related data, it may cancel, suspend or disable all related Accounts without this implying any right to claim by you and/or the owners of the other Accounts. You will be solely responsible for the care of your Account and for keeping your access keys protected. Batai Assitant will not be responsible for any loss or damage caused by the non-compliance with the requirements mentioned herein.
1.6 Each Account is unique and non-transferable, so you will not be able to use Batai Assitant accounts from other users and/or Batai Assitant clients without the necessary authorization, which must have at least the authorization of said user and Batai Assitant in advance and in writing.
1.7 You agree and acknowledge that Batai Assitant will not be responsible for any loss or damage suffered by you or by third parties resulting from your non-compliance with these Terms and Conditions.
1.8 If you request the registration of a Batai Assitant account, certain information (including contact information, tax data, etc.) will be requested as part of the registration process for access to the Batai Assitant Platform or to continue with the use and contracting of the Services, which must be accurate. In this regard, you guarantee and are responsible, in any case, for the truthfulness, accuracy, validity, and authenticity of such data. The data you provide will be integrated into a personal database for which Batai Assitant is responsible. Batai Assitant may request reports from various public or private databases regarding information and/or data corresponding to you. For more information, see the Privacy Policy.
1.9 Batai Assitant, at its sole discretion, may deny your registration and/or cancel it at any time and on its own authority, without generating any right to claim and/or compensation on your part.
1.10 The Services will be provided on a monthly subscription basis and will be paid in accordance with the provisions of Clause Four.
2.1 Through the Platform and by contracting the Services, you will be able to interact with third parties or your customers automatically, responding to queries made by those parties or making the queries you deem necessary related to the provision of your services, all according to the corresponding specification you provide.
2.2 The conversation between you and your clients and/or potential clients can have unlimited interactions or those you request.
2.3 It is essential that the Services be used in relation to your business. For this reason, you will not be authorized to use the Services for different purposes, and Batai Assitant may partially or totally suspend your account, as well as cancel the provision of the Services immediately, without this implying any right to claim on your part.
3.1 Batai Assitant will have the power to deny or restrict access or subsequent use of the Platform to any individual or entity at its sole discretion, without generating the possibility of claiming any damage by such individuals. Batai Assitant will not be liable if you do not have devices compatible with the use of the Platform and/or necessary for contracting the Services. You agree to make appropriate and lawful use of the Platform in accordance with applicable law, these Terms and Conditions, generally accepted morals and good customs, and public order. Notwithstanding the foregoing, by accessing and using the Platform and during the contracting of the Services, you agree and undertake to:
Batai Assitant may investigate and/or suspend your account if you violate any of the above rules. Additionally, Batai Assitant reserves the right to immediately deactivate your account without prior notice if, at its sole discretion, you violate these Terms and Conditions or abuse the use of its Services.
You agree not to use the Services in a manner contrary to good faith, public policies, and applicable legislation.
4.1 The fees applicable to the Service will be those that Batai Assitant decides unilaterally. You agree that Batai Assitant sets these fees. The fees for the contracting of the Services will be charged by Batai Assitant, and you must make the payment before the start of the provision of the Services corresponding to the next monthly or annual cycle (which may not be calendar), as appropriate, by credit card, bank transfer to an account indicated by Batai Assitant, or any other form of payment to be agreed between the Parties, with Batai Assitant issuing the corresponding invoice. If you fail to comply with this obligation, Batai Assitant has the right to deny the provision of the Services without this implying any right to compensation or claim in your favor.
5.1 Subject to these Terms and Conditions and as long as you have a registered Batai Assitant account and are up to date with the payment of the Service in accordance with the provisions of the previous fourth clause, Batai Assitant grants you a license to use the Services, which will be non-exclusive and limited to the duration of the contracting of the Services, and you will not be able to sublicense it to third parties. Batai Assitant reserves all rights not expressly granted in these Terms and Conditions, and Batai Assitant may terminate this license at any time without any reason and without granting you any right to compensation and/or claim. This license does not imply the transfer of any ownership to you regarding Batai Assitant's rights.
6.1 All rights, titles, and interests in the Services (excluding the Client's Intellectual Property (as defined below)) are and will remain the exclusive property of Batai Assitant and its licensors. The Services are protected by copyright, trademark, and other applicable laws in the United States and abroad. Contracting the Services and the license granted by these Terms and Conditions do not, under any circumstances, imply that you have the right to use the name Batai Assitant and/or any of its trademarks, logos, domain names, and other distinctive brand features. The observations, opinions, suggestions, or comments you may provide regarding the Services will be merely informative, and Batai Assitant may unilaterally disregard these recommendations, as well as use or not those observations, opinions, comments, or suggestions in the manner that Batai Assitant deems appropriate without generating any obligation towards you. Notwithstanding the foregoing, Batai Assitant may include the Batai Assitant logo in the Batai Assitant chat window or, if not, below the chat window, including a link to the Batai Assitant website.
6.2 The software used to provide the Services as a whole, as well as each of its components, updates, source code, new versions, processes, images, animations, modules, videos, audio, text, and algorithms or subprograms incorporated therein, as well as the printed or electronic or digital materials that accompany them, and all copies thereof, are part of Batai Assitant's intellectual property, which retains all its rights and whose use is permitted to you within the limits stipulated in these Terms and Conditions. These rights are protected by national and international laws and provisions, as well as international copyright and intellectual property rights laws and treaties. You agree not to remove or delete copyright notices, trademarks, trade names, and, in general, any notice found in the documentation related to it.
6.3 You acknowledge and agree that Batai Assitant may include you or your Organization in Batai Assitant's public client list, which may identify you by using your trademarks, logos, and/or trade name.
7.1 Among other utilities, the Services allow you to create, publish, or upload information, texts, graphics, or other materials (the "Client's Intellectual Property") and share it with third parties. You will retain ownership of the Client's Intellectual Property and acknowledge that Batai Assitant has no responsibility if users or third parties copy, modify, retransmit, or disseminate the Client's Intellectual Property. You understand and accept that publishing the Client's Intellectual Property on the Services is not a substitute for registration with the competent copyright authority or any other copyright entity. In this regard, you should carefully analyze with your advisors what you choose to share through the Services.
7.2 You agree not to create, upload, or publish the Client's Intellectual Property that: (a) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to yourself, any other person, or any animal, (b) may create a risk of loss or damage to any person or property, (c) is intended to harm or exploit minors by exposing them to inappropriate Client's Intellectual Property, soliciting personal information or otherwise, (d) may constitute or contribute to a crime or tort of any kind, (e) contains any information or Client's Intellectual Property that is considered illegal, harmful, abusive, racially or ethnically offensive, defamatory, invasive of personal privacy, harassing or humiliating to others, slanderous, threatening, or profane, (f) contains any information or Client's Intellectual Property that is illegal (including, but not limited to, the disclosure of confidential information by law or by third-party business information), (g) contains any information or Client's Intellectual Property that you are not entitled to disseminate, or (h) contains any information or Client's Intellectual Property that you know is incorrect or outdated. You agree that any Client's Intellectual Property you publish will not violate any third-party rights, including, without limitation, intellectual property rights or privacy rights.
7.3 Batai Assitant reserves the right but is in no way obliged to reject and/or remove any Client's Intellectual Property that it considers, at its sole discretion, to violate these provisions without giving you any right to claim.
7.4 You will retain ownership of the Client's Intellectual Property but authorize Batai Assitant to use, copy, reproduce, process, adapt, modify, publish, transmit, edit, translate, display, and distribute said Client's Intellectual Property in connection with the provision of the Services, granting Batai Assitant a free, non-exclusive, and perpetual license on the Client's Intellectual Property.
7.5 You agree that Batai Assitant may use the Client's Intellectual Property as well as the questions and answers, interactions, and any content you own to improve its understanding and artificial intelligence processes and algorithms. You agree that Batai Assitant may modify or adapt the Client's Intellectual Property to transmit, display, or distribute it through social networks and/or different media. You also authorize Batai Assitant to make changes to the Client's Intellectual Property, when necessary, at Batai Assitant's discretion, to adapt said Client's Intellectual Property to any requirements or limitations of any network, device, service, or communication medium without granting you any right to claim.
7.6 Batai Assitant reserves the right, but is in no way obliged, to delete or reject the distribution of any Client's Intellectual Property in the Services. It also reserves the right to access, read, preserve, and disclose any information if it reasonably considers it necessary to (i) comply with any applicable law, regulation, legal process, or governmental request, (ii) enforce these Terms and Conditions, including the investigation of possible violations thereof, (iii) detect, prevent, or otherwise address fraud, security, or technical issues, (iv) respond to user support requests, or (v) protect Batai Assitant's rights, property, or safety, its users, and the public in general.
8.1 The Client's Intellectual Property included or to be included in the Services, whether public or privately transmitted by users, is the exclusive responsibility of the person who originated such Client's Intellectual Property. Batai Assitant does not endorse, support, represent or guarantee the integrity, truthfulness, accuracy, or reliability of any Client's Intellectual Property created, uploaded, or published through the Services, nor does it endorse any opinion expressed through the Services. Batai Assitant has no ability to supervise and/or control the Client's Intellectual Property created, uploaded, or published through the Services, so it cannot assume responsibility in relation to such Client's Intellectual Property. Therefore, if you use or rely on any Client's Intellectual Property or materials created, uploaded, or published through the Services, it will be at your sole responsibility, and you must keep Batai Assitant harmless at all times for such Client's Intellectual Property. Under no circumstances will Batai Assitant be responsible for the Client's Intellectual Property, loss, or damage of any kind incurred as a result of the use of any Client's Intellectual Property in the Service.
8.2 You agree that you are solely responsible for the use you make of the Services, as well as for any Client's Intellectual Property you provide, the consequences thereof, including the use of the Client's Intellectual Property by other users and third parties. You understand that if you do not have the right to upload the Client's Intellectual Property to the Services, you may be subject to legal liability. Batai Assitant will not be responsible for the use you make of the Client's Intellectual Property in accordance with these Terms and Batai Assitant. You represent and warrant that you have all the rights, powers, and authority necessary to grant the rights granted herein to any Client's Intellectual Property that you submit.
9.1 Batai Assitant does not guarantee the continuity of the operation and/or access to the Platform and/or Services. Consequently, Batai Assitant will not be liable in any case for any damages that may result from (i) the lack of availability or accessibility to the Platform and/or provision of the Services, either due to Batai Assitant's faults or outside of it; (ii) the interruption in the operation of the Platform and/or Services or computer failures, telephone breakdowns, disconnections, delays, or blockages caused by deficiencies or overloads on telephone lines, data centers, the Internet system, or other electronic systems, produced in the course of their operation; and (iii) other damages that may be caused by third parties through unauthorized intrusions, whether or not under Batai Assitant's control.(iv)Inaccuracies in predictions and the accuracy of the information provided, including possible deviations in expected results or data processing errors.(v) Prolonged waiting times that exceed normal response intervals, affecting efficiency and user experience.
9.2 Batai Assitant does not guarantee the absence of computer viruses or other elements on the Platform introduced by third parties outside of Batai Assitant that may cause alterations in your electronic and/or logical systems and/or in the electronic documents and files stored in your systems. Consequently, Batai Assitant will not be liable in any case for any damages of any kind that may result from the presence of viruses and/or other elements that may cause alterations in your physical and/or logical systems, electronic documents, and/or files.
9.3 Batai Assitant adopts various protection measures to protect the Platform and the content against third-party cyberattacks. However, Batai Assitant does not guarantee that unauthorized third parties cannot learn about the conditions, characteristics, and circumstances under which you access the Platform and/or the Services. Consequently, Batai Assitant will not be liable for any damages that may result from such unauthorized access.
9.4 By accessing the Platform and consequently accepting these Terms and Conditions, you declare that you will keep Batai Assitant, its parent company, affiliates, legal representatives, directors, partners, employees, consultants, and agents harmless from any claim arising from your (i) non-compliance with any provision contained in these Terms and Conditions and/or any law or regulation applicable to them, (ii) non-compliance or violation of third-party rights including, but not limited to, other users and/or Batai Assitant partners; and (iii) non-compliance with the permitted use of the Platform and the Services.
10.1 Batai Assitant is concerned about the privacy of its users and those who access the Platform. Batai Assitant collects, uses, and shares personally identifiable information and non-personally identifiable information as described in its Privacy Policy. You agree that by accessing the Platform and/or using the Services, you agree to the collection of such information, and that your personal data is collected, used, transferred, and processed in accordance with the Privacy Policy and applicable law.
11.1 The Platform and/or Services may contain links to third-party websites, advertisers, services, special offers, or other events or activities not owned or controlled by Batai Assitant. Batai Assitant does not endorse or assume any responsibility for any of these third-party sites, information, materials, products, or services. If you access a third-party website from the Services, you do so at your own risk and understand that these Terms and Conditions and our Privacy Policy will not apply to your use of such sites. You expressly release Batai Assitant from any and all liability arising from your use of any third-party website, service, or content, and agree that your dealings with any third-party website, service, or content are solely between you and such third parties. You agree that Batai Assitant is not and will not be liable for any loss or damage of any kind that you may suffer in your dealings with third parties, and you will not have any right to claim against Batai Assitant.
12.1 You agree to indemnify and hold harmless Batai Assitant, its licensees, licensors, shareholders, directors, officers, employees, contractors, agents, and users against any claim, damage, obligation, loss, liability, cost, or debt and expenses (including but not limited to attorneys' fees) arising from your use and access to the Platform as well as from contracting the Services, including but not limited to any claim arising from: (a) data or Client's Intellectual Property transmitted or received by you, (b) third-party access or use of the Account and/or Services with your username and password, (c) violation of these Terms and Conditions and/or any applicable rule or regulation.
13.1 You agree to protect as confidential and not disclose to any third party any Confidential Information (as defined below) received from Batai Assitant, its related companies, or otherwise discovered by you in connection with or due to the use of the Platform and/or the provision of the Services. For these purposes, "Confidential Information" means information that is not publicly known and that is used, developed, or obtained by Batai Assitant and/or its related companies, including but not limited to: (a) information, procedures, and data obtained and/or developed by Batai Assitant or its related companies (including those obtained before the start date of the provision of the Services) concerning Client's businesses or matters of its related companies, (b) products or services, (c) costs and pricing structures, (d) analysis, (e) business and accounting methods (f) computer software, including operating systems, programming requests and listings, (g) organization charts, manuals, and documentation, (h) all production methods, processes, technology, and trade secrets, and (i) all other similar and related information, in any form. You also agree to use the Confidential Information only for the fulfillment of your obligations under these Terms and Conditions. In order to maintain this confidentiality framework, you agree to take the necessary and reasonable security measures, which include at least those used to protect your own confidential information, which may not be lower than those established by applicable regulations. You must adopt the technical and organizational measures necessary to guarantee the security and confidentiality of the Confidential Information to avoid its alteration, loss, unauthorized consultation, or treatment, and that allow detecting deviations, whether intentional or not, of Confidential Information, whether the risks come from human action or the technical environment used.
14.1 Access and use of the Platform as well as the provision of the Services will not make you a legal representative or agent of Batai Assitant.
14.2 The only relationship between the Parties is that resulting from these Terms and Conditions. It is expressly clarified that neither you nor your employees and/or subcontractors (if applicable) are employees of Batai Assitant but are independent co-contractors bound by a business relationship with Batai Assitant related to the provision of the Services. In this regard, you represent and warrant that you have adequate experience, structure, and personnel to provide your services to third parties and fulfill all the obligations assumed under these Terms and Conditions.
14.3 All labor, social security, and/or social security obligations that may correspond to you under applicable law concerning your personnel will be at your expense.
14.4 You agree to keep Batai Assitant harmless from any claim and/or judicial or extrajudicial demand initiated against it by your employees, agents, dependents, and/or clients for labor, social security, or social security issues.
15.1 The Services are provided under the conditions established in these Terms and Conditions and in the manner they are currently offered. The use of the Services is at your own risk. The Services are offered without any kind of warranty, whether express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement. Batai Assitant and its license providers do not guarantee that: (a) the Services will be available at any time or place, (b) the Services will be uninterrupted or secure, (c) any defect or error in the Services and/or Platform will be corrected, (d) the Services will be free of viruses or any harmful component.
15.2 In no event shall Batai Assitant, its affiliates, agents, directors, employees, or suppliers be liable for direct, indirect, moral, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, lost profits, or other intangible losses, resulting from the use or inability to use or access the Platform, your account, and/or the Services. Under no circumstances is Batai Assitant or will it be responsible for any damage and/or loss as a result of hacking, alteration, or unauthorized access to your account or other use of the Services or your account and the information contained therein, being applicable as provided in these terms and conditions.
15.3 Likewise, in no event is or will Batai Assitant be responsible for: (i) that which is attributable to you, (ii) your use of the Services and/or Platform, (iii) errors or inaccuracies in the Client's Intellectual Property, (iv) direct or indirect damages that you may cause to third parties, (v) personal property injuries or damages, of any nature, as a result of your access or use of the Services and/or Platform, (vi) unauthorized access or use of Batai Assitant servers and/or any personal information maintained on them, (vi) any interruption or cessation of transmission from the Services and/or Platform, (vii) any error, virus, Trojan, or similar that may be transmitted through the Services and/or Platform by a third party, (viii) any error or omission in any Client's Intellectual Property or any loss or damage incurred as a result of the use of any Client's Intellectual Property published, sent by email, transmitted, or otherwise made available through the Services and/or Platform, (ix) any Client's Intellectual Property of a user or any conduct that is defamatory, offensive, or illegal carried out by third parties and/or (x) cases in which the Services do not meet the user's needs.
In any event, in no event shall Batai Assitant, its agents, directors, employees, suppliers, or licensors be liable to you for claims, proceedings, obligations, damages, losses, or expenses in an amount greater than what you paid for the Services.
15.4 Any Client's Intellectual Property downloaded or obtained through the use of the Services is downloaded at your own risk, and you will be solely responsible for any damage to your computer system and/or mobile device or for the loss of data resulting from such download or the use of any of the Services. Batai Assitant does not guarantee nor will it be responsible for the products or services offered by third parties through the Platform and/or any of its Services, nor will Batai Assitant be a party to such an operation, nor will it monitor any transaction between you and third-party product or service providers.
15.5 Given the characteristics of the Services, Batai Assitant may at any time perform routine maintenance tasks and/or improve the Services, for this reason, and due to other unforeseeable contingencies related to the internet, you accept risks and imperfections or unavailability of third-party servers, and you expressly waive claiming any liability, contractual or non-contractual, damages to Batai Assitant for possible failures, slowness, or errors in access and use to the Platform, your account, and/or provision of the Services for causes that are not attributable to Batai Assitant.
15.6 The Services have a high-availability and auto-scale service infrastructure, which will be available seven days a week, 24 hours a day. Notwithstanding this: (i) Batai Assitant reserves the right to schedule suspensions of access and use of the Platform, your account, and related to the provision of the Services, which Batai Assitant may previously inform by email or at the URL:http://____ or any other means, at least 24 (twenty-four) hours in advance for the purpose of carrying out maintenance, repair, or other tasks related to the provision of the Services. Likewise, Batai Assitant may carry out unscheduled suspensions when, at its sole discretion, there are emergency reasons, without this generating any right to claim and/or compensation in your favor.
15.7 You must immediately notify Batai Assitant of all Service failures, and Batai Assitant will inform you of the nature of the corresponding Service failure and the foreseeable repair time. In order to restore the Service, you must provide, if necessary, all the necessary and reasonable support requested by Batai Assitant. Batai Assitant will inform you as soon as possible when the malfunction is not related to the Service. Once the eventual failure is repaired, you will be notified immediately by Batai Assitant.
15.8 This limitation of liability applies whether the alleged liability is based on a contract, tort, negligence, strict liability, or any other form, even if Batai Assitant has been advised of the possibility of such damages.
16.1 Batai Assitant reserves the right to modify these Terms and Conditions from time to time and will always publish the most updated version on its website. In case of modifications to these Terms and Conditions, which in the opinion of Batai Assitant are significant, Batai Assitant may notify you by an additional method (for example, via an email to the email address associated with your account). Changes to these Terms and Conditions may be posted on the website or at the URL corresponding to the Terms and Conditions, so you should check those pages regularly. By continuing to access or use the Services after the modifications have been posted, you agree to be bound by the modified terms and conditions. If you do not agree with the new terms, you must stop accessing the Platform and using the Services immediately.
17.1 In the event of termination before the expiration of the contracted monthly or annual cycle, You will not be entitled to any refund for the amount corresponding to the monthly or annual cycle paid under this agreement.
17.2 If either party fails to comply with its material obligations under this agreement and fails to remedy such non-compliance within 30 days from written notice by the other party, the non-defaulting party may terminate the provision of the Services and/or use of the Platform.
17.3 All provisions of this agreement that by their nature should survive any termination, including but not limited to those provisions relating to limitations of liability, indemnity, warranties or issues relating to property rights, shall remain in effect regardless of termination of this agreement.
18.1 These Terms and Conditions and any rights and licenses granted hereunder may not be transferred or assigned by you, but may be assigned by Batai Assitant without restriction or limitation. Any attempt to transfer or assign by you will be void.
18.2 In the unlikely event that Batai Assitant has been unable to resolve a dispute with you after attempting to do so informally, both you and Batai Assitant agree that any claim, dispute, or controversy (excluding injunctive relief or equitable remedies sought by Batai Assitant) arising out of or in connection with, or related to these Terms and Conditions, or the breach or alleged breach thereof (collectively, "Claims"), shall be submitted to the ordinary courts of the Autonomous City of Buenos Aires, Argentina, submitting the Parties to the laws of the Argentine Republic, unless otherwise provided in these Terms and Conditions. Nothing in this section shall be deemed to preclude Batai Assitant from seeking injunctive relief and/or equitable remedies before the competent authority where necessary to protect any of Batai Assitant's proprietary interests. ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY BY THE PARTIES, AND NOT AS PLAINTIFFS OR MEMBERS OF ANY CLASS OR COLLECTIVE. YOU AGREE THAT, BY ACCEPTING THESE TERMS, YOU AND Batai Assitant WAIVE THE RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION OR COLLECTIVE ACTION.
18.3 These Terms and Conditions, together with all amendments and additional agreements you may have with Batai Assitant in connection with the Services, will constitute the entire agreement between you, your Organization (if applicable) and Batai Assitant. If any provision of these Terms and Conditions is held invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect.
18.4 No waiver of any of the terms of these Terms and Conditions shall be deemed a waiver of any other terms not expressly stated, and Batai Assitant's failure to enforce any right or provision under these Terms and Conditions shall not be deemed a waiver of such right or provision.
18.5 Batai Assitant may provide notices, whether required by law or for other business-related purposes, through a general notification on the Platform, your email, your Account, letter or paper mail, or any other means, at its sole discretion.
18.6 If you need to contact Batai Assitant to clear up any questions regarding these Terms and Conditions, you may do so by writing to [email protected]