User Agreement With ElixirAgent

1.1 This User Agreement governs the use of the ElixirAgent web service, including the website, registration forms, personal account, AI tools, inbox, integrations, knowledge base, operator workflows, and any related functionality made available by the operator.

1.2 The agreement is concluded as an adhesion agreement. By checking the acceptance checkbox during registration and submitting the registration form, the user confirms full and unconditional acceptance of its terms.

1.3 If any mandatory rule of applicable law conflicts with a clause of this agreement, the relevant mandatory rule prevails only to the extent of that conflict, while the remaining provisions remain in force.

2.1 ElixirAgent provides a software environment for business communication management, AI-assisted drafts and replies, connected channels, operator control, and storage of company knowledge uploaded by the user.

2.2 The service is provided on an 'as is' and 'as available' basis to the maximum extent permitted by law. The operator may modify, suspend, update, remove, replace, or limit individual functions where this is required for technical, legal, security, or business reasons.

3.1 The user is solely responsible for the accuracy of registration data, security of credentials, security of devices, mailboxes, browsers, internal staff access rights, and all actions performed through the account.

3.2 Losses caused by password compromise, phishing, malicious software, weak password policy, inadequate internal access settings, unauthorized employee access, or compromise of the user's infrastructure remain on the user's side unless mandatory law expressly provides otherwise.

3.3 The operator is not obliged to compensate losses resulting from the user's failure to ensure proper account, mailbox, or workplace protection, including two-factor authentication and internal access management.

4.1 The user shall independently verify AI outputs before using them in customer communication, management decisions, contracts, public statements, price offers, legal statements, guarantees, or other material actions.

4.2 The user shall not use the service for unlawful activity, fraudulent activity, rights infringement, spam, unlawful data transfer, or uploading content that the user has no right to use or process.

4.3 The user is fully responsible for all content, instructions, settings, prompts, uploaded materials, message templates, escalation rules, channel credentials, and decisions made on the basis of the service output.

5.1 AI-generated outputs are probabilistic automated results and may contain inaccuracies, omissions, outdated statements, incomplete conclusions, or wording unsuitable for the user's business process.

5.2 The operator does not guarantee factual accuracy, commercial suitability, uninterrupted delivery, legal correctness, or compliance of AI-generated outputs with the user's internal policies or obligations to third parties.

5.3 Messenger providers, social networks, payment systems, hosting providers, telecom operators, e-mail services, and other external platforms operate independently from the operator. The operator is not liable for blocking, API limits, downtime, message delivery issues, account restrictions, or rule changes on those sides.

5.4 Where the service interface refers to WhatsApp, such reference is made solely to identify a third-party messaging service selected by the user. It is not an endorsement, advertising, financing, organizational support, or distribution of materials of Meta Platforms Inc. or any other third party.

5.5 For users located in or acting under the laws of the Russian Federation, the user acknowledges that Meta Platforms Inc. has been recognized in Russia as an extremist organization and its activities are prohibited in the Russian Federation, while publicly available explanations of the court decision stated that it did not apply to WhatsApp because WhatsApp lacks public information dissemination functions.

5.6 The user shall not use ElixirAgent, connected channels, integrations, uploaded materials, prompts, templates, or messages to distribute extremist materials, support prohibited activities, evade legal restrictions, use prohibited symbols, or otherwise violate applicable law.

6.1 To the maximum extent permitted by mandatory law, the operator is not liable for indirect losses, lost profits, lost revenue, reputational harm, loss of clients, downtime, loss of data, internal business disruption, penalties imposed on the user by third parties, or any losses arising from use or inability to use the service.

6.2 The operator is not liable for consequences of account compromise occurring on the user's side, for errors in user settings, for unlawful or mistaken employee actions, for user-approved automated replies, or for reliance on AI output without proper review.

6.3 Nothing in this agreement excludes liability where such exclusion is prohibited by mandatory law.