Last updated 04.01.2022. Replaces all prior versions.

Introduction

These General Terms of Service ("Terms of Service ") control Your use of the Grithut platform, its Chatbot software and contents ("the Chatbot") if You are an Individual acting for non-commercial purposes and outside Your professional activity. If this is not the case, you are kindly asked to use our Commercial/Professional Use Terms of Service. The Service Provider is Abilitics OOD, a company registered in Bulgaria under company number 200131838, having its seat and management address in the town of Montana, 16 Opulchenska Str. - the Service Provider

Before You interact with the Chatbot, You will be offered to review these Terms of Service.

By clicking the [I agree] check box, You will be bound by these Terms of Service.

Terms

1. Definitions

"Abilitics", "we" or "us" - the Service Provider Abilitics OOD;

"Registered mode" means Your interacting with Grithut after You have signed up and created a profile (registered). Registration is necessary for personalisation of the chatbot and for the following activities:

a. adding your personal profile;

b. building your own chatbot using the matrix provided by Abilitics;

c. accessing the analytics summary of your personalised chatbot and your interactions with various chatbots from Grithut's selection of free or paid chatbots.

Once a user registers to use Grithut, they can modify and enrich their personal profile and quickly access from such profile their preferred generic chatbots and their personalised chatbots. The registered mode also allows for the accumulation of credits to the extent such option is made available by Abiltics.

If You do not wish to use said activities or personalise Grithut, You can still use the rest of the functionalities in a "Guest Mode".

"Guest mode" means Your interacting with Grithut without having signed up or while You are not signed in.

"User" means any individual who agrees to be bound by these Terms of Service for their private needs/use as opposed to business/commercial needs.

Grithut Software progressive web application accessible either at (i) grithut.com or (ii) from a client-dedicated place in Abilitics's web environment at clientname.grithut.com or (iii) as an embedded functionality, available on a third party (internal or public) website; or 4. via a mobile/desktop third party application where Grithut is embedded It is based on an a software algorithm which matches the appropriate answers to the questions asked within a certain topic

"IPR" means Intellectual Property Rights

"Content" means code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials

2. Service Description

GritHut is a gamified career development app that allows team members to track their learning journey and share it with their colleagues.

Grithut is also a chatbot platform designed to simulate conversation with human users over the Internet on a variety of topics depending on the chosen chatbot version or selected by the user knowledge area.

Grithut allows users to create their own personal and/or company profiles that can be referenced by other chatbots.

Also, users can create their own versions of chatbots building on Grithut's existing foundation and train them by adding text data and/or images. Grithut can be used either directly via grithut.com, via the Grithut Microsoft Teams app or via the websites of our clients, where a Grithut chatbot can be installed. When You choose Your chatbot from our website, Grithut's area of knowledge will depend on Your personal choice made from the menu of chatbots.

3. Registration

If You want to use Grithut in registered mode, You must choose a username and a semi-strong or strong password or prompted to do so ("Your credentials").

For Your convenience You can also sign up with Your Facebook or Microsoft account, on which occasion Grithut will gain access to Your public profile on Facebook or Your Microsoft 365 account.

4. Pricing/no monetary charges

Some of Grithut's services/some variations of Grithut are free of monetary charges for individual users acting outside their commercial activity or professional capacity. Please note that some of the personal data collected by Grithut either when You register to use it and/or when You interact with it can be used by us or the chatbot's creator/owner to improve the UX or our products' capabilities.

If certain versions of Grithut are not free to use, this fact and the payment terms will be clearly indicated for your review before you interact with the respective paid version.

5. Your Acceptable Use

You are entitled to use Grithut's functionalities to interact with the chatbot/s in its area of knowledge and according to these Terms of Service to upload/process legal or authorised content that is to be used for lawful purposes and for Your private (non-commercial) needs. If You wish to use Grithut in Your professional capacity or for commercial purposes, You can upgrade your account to a "commercial/professional use" mode and use Grithut's under its Commercial Use Terms of Service.

After Your acceptance of these Terms of Service we will provide You solely for Your own personal use with: (a) a remote access to the Service through means we provide (and which may include online portals or interfaces such as https or API); and (b) a personal, revocable, non-exclusive, non-assignable, non-transferable license to use the software we provide solely to interact in person with Grithut (collectively, "Use Rights"). Use Rights continue for the term of these Terms of Service. You may not resell or assign Your Use Rights or provide Your credentials to any third party. We have no responsibility with respect to actions or inactions of Users, and You will be responsible for the access of any party You authorise.

5.1. What You must observe and Your responsibility when interacting with Grithut

You are solely responsible for all content that You upload, post, publish or display (generally, "upload") when interacting with or personalising/enriching with your content Grithut. The following are examples of the kind of content and/or use that is illegal or prohibited when interacting with Grithut or any software disseminated or provided by Abilitics in relation with it: hate speech, instigation of violence, pornographic and other explicit content, content which may fall under the definition of discrimination, harassment, threats, libel or similar criminal activity. We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting it to the law enforcement authorities.

5.2. Prohibited Conduct

By way of example, You agree, when interacting with Grithut, not to:

a. Transmit or upload any content that (i) infringes any copyright or other intellectual property or proprietary rights of any party; (ii) You do not have a right to upload under any law or under contractual or relationships of trust; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, "junk mail," "spam," "chain letters," "pyramid schemes," "contests," "sweepstakes," or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful racially, ethnically or otherwise objectionable; or (vii) is an attempt to obtain data or penetrate a database which is under the control of Abilitics or our partner managing the website where Grithut is integrated (vii) or which may expose Abilitics or its users to any harm or liability of any type;

b. Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

c. Violate any applicable local, state, national or international law, or any regulations having the force of law;

d. Impersonate any person or entity, or falsely state or otherwise misrepresent Your affiliation with a person or entity;

e. Harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

f. Advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorised;

g. Further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

h. Obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services;

i. Enter anyone's (including Yours) personal data which is not necessary to interact with Grithut's in its area of knowledge or expertise. If this happens, Abilitics can delete the personal data at any time and in its sole discretion to observe GDPR's data minimization principles.

5.3. Use of Grithut by minors

As per the applicable legislation If You are under 13 years of age, You are not allowed to interact with Grithut, with or without registering. In addition, if You are under 18 years old, You may use Grithut, with or without registering, only with the approval of Your parent or guardian.

6. User content transmitted through the Services

In case copyright, a related right or a different kind of IPR subsists in any material You upload or post when interacting with Grithut (collectively, "User Content"), You represent and warrant that You own all right, title and interest in and to such User Content or are otherwise entitled to use it. By uploading any User Content You hereby grant Abilitics and its affiliated companies a nonexclusive, worldwide, royalty-free, transferable, sublicensable, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use Your User Content for a term of up to 10 (ten) years to improve the UX when interacting with Grithut or improve its accurateness and depth of its knowledge; after the expiry of the 10-year term, you may grant a new non-exclusive licence to Abilitics on predominantly the same terms or we will have to delete your content pertinent to the applicable legislation.

You acknowledge and agree that Grithut may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Grithut, our users and the public. You understand that the technical processing and transmission of the Services, including Your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

7. Copyright complaints

7.1. Take-down notice

Grithut respects the intellectual property of others, and we ask our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, or that Your intellectual property rights have been otherwise violated, You should notify Grithut of Your infringement claim in accordance with the procedure set forth below.

We will process and investigate notices of alleged infringement ("take-down notices") and will take appropriate actions under the Electronic Commerce Act or any other act which replaces it and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Abilitics at office@abilitics.com ai (Subject line: "IPR infringement - Takedown Request").

To be effective, the notification must be in writing and contain the following information:

· an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

· a description of the copyrighted work or other intellectual property that You claim has been infringed;

· a description of where the material that You claim is infringing is located on the Services, with enough detail that we may find it on the Services;

· Your address, telephone number, and email address;

· a statement by You that You have a good faith belief that the disputed use is not authorised by the copyright or intellectual property owner, its representative, or the law;

· a declaration by You that the above information in Your Notice is accurate and that You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

7.2. Counter-notice

If You believe that Your User Content that was removed (or to which access was disabled) is not infringing, or that You have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload and use the content in Your User Content, You may send a written counter-notice containing the following information to the Copyright Agent:

· Your qualified or advanced electronic signature.

· identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;

· a statement that You have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

· Your name, address, telephone number, and email address, a statement that You consent to the jurisdiction of Sofia City Court and a statement that You will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by the Abilitics, we will send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

Abilitics reserves the right to terminate at its sole discretion users who are deemed to be IPR infringers.

8. Third-party websites/mobile environment

The chatbot chosen by You, our partners or our clients, third parties may provide links or offer access to other sites and resources on the Internet. We have no control over such sites and resources, and we are not responsible for and do not endorse such sites and resources. You further acknowledge and agree that Abilitics will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings You have with third parties found while interacting with Grithut are between You and the third party, and You agree that Abilitics is not liable for any loss or claim that You may have against any such third party.

9. Social networking services

You may choose to sign up or sign in to interact with Grithut via various online third-party services, such as social media and social networking services like Facebook or Twitter ("Social Networking Services"). To take advantage of this feature and capabilities, we may ask You to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to Your public account information in such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. However, please remember that the manner in which Social Networking Services use, store and disclose Your information is governed solely by the policies of such third parties, and Abilitics shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Service.

In addition, Grithut is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Grithut is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Grithut enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

10. Informational and Network Security

We will use commercially reasonable administrative, physical and technical safeguards to protect Personal data and Input Data and follow industry-standard security practices; and following a confirmed breach of security leading to the accidental or unlawful destruction, loss, alteration or unauthorized access, disclosure or use of Your Personal Data or Input Data we will notify You without undue delay. You are solely responsible for costs and liability incurred due to unauthorised use or access through Your account credentials.

11. Failure to Run or Integrate. Interrupted Service

While best efforts are made by Abilitics to provide a Service which can be used with minimum friction, it is of note that slower connections, older versions of operational systems or of browsers can interfere with the (uninterrupted) usage or the UX of Grithut. The browser versions, bandwidth and digital environment that provide optimal experience when using Grithut will be notified to You in a separate message from time to time upon your interaction with the chatbot(s).

12. Third party services

Some of Grithut's features are supported or enhanced with the assistance of third-party services/software. Abiltiics has no control on the continuous and uninterrupted offering of such services or software and, while Abiltiics will make best efforts to replace them if they are no longer available, this cannot be guaranteed. As a result, some of the chatbots' versions or features may become temporarily or permanently unavailable.

13. Limitation of Liability

Abilitics is not liable for Your behaviour incompatible with these Terms of Service, including the Acceptable Use provisions or the applicable law.

While Abilitics makes best efforts to provide up-to-date, concrete and comprehensive information through its chatbots in their areas of expertise, You must not base Your judgments in any area of life based solely on the interaction with Grithut or its derivatives, or the displayed content in a similar manner in which You must not base Your decisions solely on research You make on the Internet. Interaction with Grithut is a fun or educational activity or should be aimed at collecting general information on a given subject. Any of Your decisions or opinions which may have implications for You or any third party must be based on professional advice and account for the circumstances of each particular case.

Against the above background, Abilitics is not liable for any damages stemming from Your decision, action or inaction, results in a competition or examination which You may connect to Your interaction with Grithut.

Abilitics or its partner/client (through the website where Grithut is offered) may discontinue offering any or all versions of the chatbots united under Grithut avatar at any time with a notice of one week, displayed on a prominent place through the chatbot being deleted unless the reasons for termination are beyond the control of Abilitics and will not be liable for any consequences from such termination.

Abilitics does not guarantee that You will be able to interact with Grithut in any digital environment, through any browser, operational system or on any bandwidth or type of connection and will not be liable under any circumstances for Your failure to interact with any of the chatbots for a technical reason.

14. Validity . Termination

14.1. Term of validity

These Terms of Service, as amended from time to time enter into force upon their acceptance by You prior to Your first interaction with Grithut.

14.2. Your ceasing to use the Service

You may stop interaction with Grithut at any time. You may request a deletion of Your account registered with Abilitics, but You understand and agree that the content resulting from Your interaction with Grithut may be used indefinitely on an anonymous basis.

14.3. Termination by Abilitics

Abilitics may also terminate or suspend Your interaction with Grithut and/or freeze Your account with immediate effect if You violate these Terms of Service , including the Use Rights, Acceptable Use or Prohibited Conduct; s requested or directed to do so by any competent court of law, government authority, public agency, or law enforcement agency.

Abilitics or its partner (through the website where Grithut is offered) may discontinue offering any or all versions of the chatbots united under Grithut avatar at any time, unless the reasons for termination are beyond the control of Abilitics and will not be liable for any consequences from such termination.

15. Governing Law

These Terms of Service, their enforcement and interpretation and the filling in of gaps therein will be controlled by Bulgarian law to the extent not overruled by the mandatory consumer legal provisions at the country of habitual residence of the consumer.

16. Severability

If a court of law decides that any term or provision of these Terms of Service is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid or enforceable under the applicable law and that comes closest to expressing the intention of the invalid or unenforceable term or provision and the

17. Settlement of Disputes and Consumer Protection

You can contact Abilitics directly for a voluntary settlement of any dispute at the contacts shown below.

You are entitled to turn to any of the below authorities at any time to complain about:

a) Alleged violation of Your consumer rights - the Bulgarian Protection of Competition Commission;

b) Alleged violation of Your data subject rights - the Bulgarian Data Protection Commission.

In any case we strongly advise You to contact us immediately beforehand if Your deem any of the foregoing has occurred and we will make every effort to resolve the matter amicably and in good faith with You in line with the applicable Bulgarian law.

18. Amendments

Abilitics may amend these Terms of Service at any time; the new/amended version will be made available to You prior to Your next interaction with Grithut and You will be prompted to accept them or discontinue the interaction.