Terms of Service

Please read these terms carefully before using PoTT SYSTEMS services. By using our service, you agree to be bound by these terms.

These Terms of Service are applicable to everyone using 402T LABS SL's services and platform ("PoTT SYSTEMS").

By agreeing to these Terms of Service and utilizing PoTT SYSTEMS services you enter a legally binding contract which you are obliged to comply with in order for your ongoing access to our services. If you disagree with being legally obligated by all of these Terms of Service, please refrain from using PoTT SYSTEMS services.

1. Access and AI Agent Interactions

Access to PoTT SYSTEMS services and our AI agents is provided to all users through our website and telecommunications platforms.

When you interact with our AI agents through text, audio, or other communication channels, we may collect personal information to provide personalized service and maintain the quality of our AI-powered telecommunications solutions. All interactions with our AI agents are confidential and secure.

2. Availability of PoTT SYSTEMS Services

We aim to provide you with the best possible service but we do not warrant that PoTT SYSTEMS services will be uninterrupted, error free or operate in accordance with your expectations. You hereby acknowledge and agree that your use of PoTT SYSTEMS services is at your sole risk and that our services are provided "as is" and "as available." 402T LABS SL and its licensors make no representations, express warranties and disclaim all implied warranties regarding our services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, 402T LABS SL and its licensors do not represent or warrant to you that: (a) your use of our services will meet your requirements, (b) your use of our services will be uninterrupted, timely, secure or free from error, and (c) usage data provided through the service will be accurate. We accept no responsibility or liability in respect thereof howsoever.

We may need to suspend or restrict your access to PoTT SYSTEMS services from time to time for maintenance or repair purposes. If we do so we will endeavour to restore access to our services as soon as reasonably possible.

3. Restriction, Suspension & Termination

We reserve the right to restrict access to any part of PoTT SYSTEMS services to individuals or user groups.

We reserve the right to prevent, suspend, or terminate your registration and/or access to PoTT SYSTEMS services if you breach any of these Terms of Service and/or otherwise at our absolute discretion.

4. Disclaimer

402T LABS SL accepts no responsibility or liability whatsoever with regard to the content on our services.

To the fullest extent permitted by applicable law, you agree that 402T LABS SL and its parent organisations accept no responsibility or liability for any loss, damage or inconvenience, howsoever caused, arising from, or in connection with, any use of, or reliance placed upon, the content available on PoTT SYSTEMS services.

You understand and agree that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) to which you may have access as part of or through your use of PoTT SYSTEMS services are the sole property and responsibility of the person from which such content originated.

In addition, certain of the services within PoTT SYSTEMS provide functionality that allows active connected users to record audio, video and data shared during sessions, including interactions through phone calls, SMS, WhatsApp, and email communications with our AI agents. Users are solely responsible for complying with all applicable laws in the relevant jurisdictions while using recording functionality. 402T LABS SL disclaim all liability for your recording of audio, video or shared data, and you agree to indemnify and hold 402T LABS SL harmless from all damages or liabilities related to the recording of any audio or data.

5. Conduct

Users of PoTT SYSTEMS services undertake to ensure that:

  • any contribution by a user does not contain any defamatory, libellous, racist, homophobic, obscene, pornographic, offensive, vulgar, insulting, threatening, abusive, or otherwise objectionable material;
  • such contribution does not encourage conduct that constitutes a criminal offence, or is likely to result in civil proceedings or otherwise infringes any applicable laws, regulations or codes of conduct; and
  • such contribution is your own original comment/material and does not plagiarise, infringe or misappropriate any third party intellectual property rights or confidential information.

Users of PoTT SYSTEMS services waive any and all moral rights in their contribution. 402T LABS SL has absolute discretion to remove any material posted on our services. By submitting your content to PoTT SYSTEMS services you warrant that the above conditions have been complied with and you indemnify 402T LABS SL and its parent organisations against any loss, liability, costs or damage which they may incur as a result of, or in connection with, a breach of this warranty.

You agree that you are responsible for your own use of PoTT SYSTEMS services and for your communications with our AI agents. This includes all text, audio, and other interactions through our website and telecommunications platforms. You agree that you will use PoTT SYSTEMS services in compliance with these Terms of Service, and all applicable regional, national and international laws, rules and regulations, including copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all export control laws.

As a condition of your use of PoTT SYSTEMS services, you will not use our services in any manner intended to damage, disable, overburden, or impair any PoTT SYSTEMS server or the network(s) connected to any PoTT SYSTEMS server or to interfere with any other party's use and enjoyment of PoTT SYSTEMS services. You may not attempt to gain unauthorized access to PoTT SYSTEMS services, other accounts, computer systems, or networks connected to any PoTT SYSTEMS server through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on PoTT SYSTEMS services, its servers, or associated computers through any means not intentionally made available through PoTT SYSTEMS services. If you are a registered user, you will not share your password or let anyone else access or compromise your account.

You agree not to scrape, or otherwise download in bulk, any PoTT SYSTEMS content, including but not limited to user interactions with AI agents, communication data, online content, materials, or trademarks and logos. You agree not to misrepresent or attempt to misrepresent your identity while using PoTT SYSTEMS services.

THE FOLLOWING ITEMS ARE PROHIBITED ON PoTT SYSTEMS SERVICES:

  • Content that defames, harasses or threatens others;
  • Content that discusses illegal activities with the intent to commit them;
  • Content that infringes another's intellectual property, including, but not limited to, copyrights or trademarks;
  • Profane, pornographic, obscene, indecent or unlawful content;
  • Viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; and
  • Content that contains intentionally inaccurate information or that is posted with the intent of misleading others; and

You may not submit, post, publish, share, or otherwise distribute any of the above prohibited items on or via PoTT SYSTEMS services.

6. Intellectual Property Rights

All Intellectual property rights in PoTT SYSTEMS services shall be solely and exclusively owned by 402T LABS SL. Background intellectual property rights (such as content for example) shall remain the property of the party introducing the same. For the avoidance of doubt all trade marks are part of the background intellectual property of the respective party.

Users shall not, and shall not assist, authorise or encourage any third party (without prior written consent) to:

  • use any background intellectual property rights or intellectual property rights owned by 402T LABS SL or its parent organisations or any other acknowledged third party, for any purpose other than the purpose of accessing services via PoTT SYSTEMS under the terms of these Terms of Service;
  • use or transmit any background intellectual property rights or intellectual property rights owned by 402T LABS SL or its parent organisations, or any other acknowledged third party, on or to any other website or network;
  • modify or create derivative works based on any background intellectual property rights (including trademarks) or intellectual property rights owned by 402T LABS SL or its parent or subsidiary organisations, or any other acknowledged third party;
  • use any content or any part thereof, to provide services to third parties or allow any third party to have access to or use of the content or any part thereof, for any purpose whatsoever, other than for demonstration purposes;
  • remove or modify any 402T LABS SL or its parent organisations, or any other third party, marking of confidentiality, proprietary information, copyright notice or trade mark contained within PoTT SYSTEMS services or on or in any of the content;
  • make copies of, or any modifications or enhancements to, any of the service; or
  • copy, reverse engineer, disassemble or decompile the content or any portion thereof, nor permit any third party to do so.

When providing content, software, equipment or other items, users will obtain all necessary consents, licences and approvals in relation to our use of such items and/or intellectual property rights, and will indemnify 402T LABS SL for any liability incurred by 402T LABS SL as a result of their failure to obtain such consents, licences and approvals.

The materials on PoTT SYSTEMS services (including but without limitation the text, artwork, graphics, photographs, film footage, trademarks and logos) are subject to copyright and/or other intellectual property rights. You agree to comply with all copyright notices attached to materials.

7. Links to Third Party Web Sites

We may provide links to various third-party web sites. If provided, these links are solely provided as a convenience. Such linked third-party sites are not under our control. We are not responsible or liable for the contents available at any such linked site. The appearance of a third-party link on this site does not imply our endorsement of the linked site, its sponsor or any products or service offered on the linked site. Use of any linked site is at your own risk.

8. License to Use

Each user of PoTT SYSTEMS services is granted a royalty-free, limited, personal, non-perpetual, non-exclusive, non-transferable licence to use PoTT SYSTEMS services.

This license is granted subject always to the user complying with all of these Terms of Service.

Nothing in this Agreement shall be construed as restricting 402T LABS SL or its parent organisations rights to licence, sell, lease, market, publish or otherwise distribute in whole or in part, directly or through a third party any products or services or to develop and/or provide hosting services in respect of any PoTT SYSTEMS services for any third parties.

Users may not use PoTT SYSTEMS services to provide services to organisations without our prior written permission.

Users may not use PoTT SYSTEMS services to facilitate income generation without our prior written consent.

9. Data Protection

402T LABS SL or its parent or subsidiary organisations stores and uses data within PoTT SYSTEMS services in accordance with the EU General Data Protection Regulation (Regulation (EU) 2016/679 of 27 April 2016) ("GDPR"). This includes data collected through interactions with our AI agents via phone calls, SMS, WhatsApp, and email communications. By agreeing to these Terms of Service, users consent to 402T LABS SL or its parent organisations holding and processing data in the ways described below.

Users agree that 402T LABS SL or its parent or subsidiary organisations will be acting in the capacity of "Data Controller" for personal data and sensitive personal data held within PoTT SYSTEMS services.

10. Personal Data

402T LABS SL is committed to safeguarding the privacy and security of all personal information collected through our platform. We adhere to comprehensive data protection standards that comply with international regulations, including but not limited to the EU General Data Protection Regulation (GDPR), ensuring the responsible collection, use, transmission, and storage of personal information.

We collect personal data necessary for providing our services effectively and efficiently. The types of personal information we may collect include, but are not limited to, identification details, contact information, demographic data, and usage statistics. This information facilitates account creation and management, personalization of content, user support, and communication about our services.

Personal data will only be shared with third parties when necessary to provide our services, comply with the law, or protect our rights. We require that third parties protect the information we share with them and use it solely for the purposes specified by 402T LABS SL.

We employ robust security measures to protect personal data from unauthorized access, alteration, disclosure, or destruction. These include physical, electronic, and managerial procedures designed to safeguard the information we process and maintain.

Users have rights concerning their personal data, including the right to access, correct, delete, or transfer their information, subject to certain exceptions. We provide users with the tools and choices to access and control their personal data, in accordance with applicable laws and regulations.

Personal information may be stored and processed in any country where we have operations or where we engage service providers. By using our platform, users consent to the transfer of information to countries outside of their country of residence, which may have different data protection rules than in their country.

We may update our data protection and privacy practices to reflect changes in our services or in response to regulatory requirements. Users will be informed of any significant changes and encouraged to review the updated practices to remain informed about how we protect their personal data.

Users with questions or concerns regarding their personal data or our privacy practices are encouraged to contact us via the dedicated channels provided by 402T LABS SL.

By accessing and using PoTT SYSTEMS services, users acknowledge they have read and understood these data protection and privacy practices and agree to the terms herein.

11. Limitation of Liability

The limited warranties in these Terms of Service are exclusive and in lieu of all other warranties. We make no other warranty, express or implied. Any implied warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms but nothing contained herein excludes or limits our liability for death or personal injury caused by our negligence, or for our fraudulent misrepresentation. Subject to above, you expressly understand and agree that 402T LABS SL, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused. This shall include, but not be limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss. Notwithstanding the foregoing, in the event that 402T LABS SL is liable to you, the entire liability of 402T LABS SL to you for claims arising out of or in connection with PoTT SYSTEMS services will not exceed €100. This amount (subject to these Terms of Service and applicable law) will be in lieu of all other legal or equitable remedies and all liabilities or obligations on our part for damages arising out of, relating to, or in connection with use of PoTT SYSTEMS services and these Terms of Service, including, but not limited to, the licensing, delivery, installation, use or performance of PoTT SYSTEMS services, the integration of PoTT SYSTEMS services with other software or hardware or the service provided thereunder. The limitations on 402T LABS SL's liability to you shall apply whether or not 402T LABS SL has been advised of or should have been aware of the possibility of any such losses arising.

12. Indemnification

You agree to hold harmless and indemnify 402T LABS SL, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners from and against any third party claim arising from or in any way related to (a) your breach of these Terms of Service (anyway whatsoever), (b) your use of PoTT SYSTEMS services, (c) your violation of applicable laws, rules or regulations in connection with the service, or (d) your content including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature, including but not limited to those in respect of claims and actions by third parties alleging breach of their intellectual property rights. In such a case, 402T LABS SL will provide you with written notice of such claim, suit or action.

13. Confidentiality

Users shall not use, nor disclose to any third party any confidential information.

Any confidential information obtained from, or relating to, the disclosing party shall be the property of the disclosing party.

14. Changes to these Terms of Service

We may update or amend these Terms of Service from time to time. Any changes will be posted online and will take effect from the date of posting. You are responsible for reviewing this file regularly to ensure you are aware of any changes made to the Terms of Service. Your continued use of PoTT SYSTEMS services after the changes have been posted means you agree to be legally bound by the new Terms of Service.

15. Governing Law

These Terms of Service shall be governed by and construed in accordance with the laws of Spain and any disputes arising shall be subject to the exclusive jurisdiction of the courts of Vigo, Pontevedra.