Terms of Service

Last modified: July 28, 2023

1. Introduction

Welcome to Chatclient.ai’s Terms of Service (’Terms’). These Terms outline the rules governing the use of our Service and establish the legal relationship between the entity using the Service and Chatclient.ai (’Company’). Our website, chatclient.ai (’Website’), provides the Service (as defined in Section 2) to assist professional entities in conducting their business. By accessing and using the Website and/or the Service, whether as a registered User or Guest, you acknowledge that:

1. You have read, understood, and agreed to comply with these Terms and our Privacy Policy.
2. You have the legal capacity to enter into an agreement with the Company and act on behalf of the entity you represent.
3. If you do not agree to these Terms, please refrain from using the Service. If you need assistance, contact us at[email protected], and we will try to find a solution.

2. Definitions

In these Terms, the following capitalized terms have the indicated meanings:

• Account: An individualized panel enabling the User to access and use the Service and/or the Website.
• Agreement: A subscription agreement that may be entered into between the User and the Company, specifying the scope and price of using the Service.
• API: The Chatclient.ai application programming interface, which can be integrated with the User’s software.
• Company: Chatclient.ai.
• Content: Texts, pictures, and other materials published, presented, or sent by the Guest or User on the Website or through the Service.
• Device: A computer, telephone, smartphone, tablet, or other electronic equipment that allows browsing web pages.
• Guest: An entity browsing the Website.
• Intellectual Property: Designations, inventions, utility models, industrial designs, works, and other expressions of creative activity subject to the Company’s exclusive rights.
• License: A non-exclusive right to personally use the API and/or the Widget.
• Link: A hyperlink referring to websites other than the Website.
• Mobile Device: A portable device such as a telephone, smartphone, tablet, or other electronic equipment that can access and use the Website and/or the Service.
• Notification: A message sent to the User as part of the Service.
• Other Websites: Websites other than the Website.
• Password: The User’s anonymized verification tool used to access the Account, consisting of at least 8 characters entered via the keyboard of the computer or Mobile Device.
• Privacy Policy: The Privacy Policy defining the Company’s rules for processing personal data, available at https://www.chatclient.ai/privacy.
• Service: Collectively refers to the Website, Widget, and/or the API (depending on the User’s scope as defined in the Agreement).
• Terms: These terms of service available at https://www.chatclient.ai/terms.
• User: An entity who owns the Account.
• Website: The web pages located at chatclient.ai.
• Widget: The Chatclient.ai widget that may be implemented on the User’s website.

These definitions apply whether the terms are used in singular or plural form.

3. General Rules

By using the Service, you fully accept these Terms. The Terms govern the relationship between the Company and the Guest or User only. If the Service and/or the Website allow services by other entities, those services will be governed by regulations shared by those entities, and they will be solely responsible for their execution, unless explicitly stated otherwise in the Terms. All entities using the Service and/or the Website must do so in accordance with the intended purposes outlined in the Terms.

To use the Website, your Device must meet the following minimum technical requirements:

• Access to the Internet.
• Compatible with one of the following internet browsers: Google Chrome, Opera, Firefox, Safari, Microsoft Edge.
• Internet browser version used must not be older than one year.
• JavaScript enabled.

For using the API, your Device must meet the following minimum technical requirements:

• Access to the Internet.
• Software that enables sending HTTP requests.

For using the Widget, your Device must meet the following minimum technical requirements:

• Access to the Internet.
• Compatible with one of the following internet browsers: Google Chrome, Opera, Firefox, Safari, Microsoft Edge.
• Internet browser version used must not be older than one year.
• JavaScript enabled.

We recommend installing anti-virus software on your Device or Mobile Device.

4. Account

Account set-up is possible through the Website by logging in using Facebook, Google, or registering with a personal email and Password. When creating an Account, you must provide accurate, complete, and current information. Inaccurate, incomplete, or outdated information may result in the termination of your account on the Website and Service. You are responsible for maintaining the confidentiality of your Account and Password, including restricting access to your Device or Mobile Device and/or Account. You agree to accept responsibility for all activities or actions that occur under your Account and/or Password, whether using our Website and Service or a third-party service. Notify us immediately of any security breach or unauthorized use of your Account. Your username must not infringe on anyone else’s name, trademark, or be offensive, vulgar, or obscene.

5. Communications

By creating an Account, you may agree to receive newsletters, marketing materials, and other information from us.

6. Contests, Sweepstakes, and Promotions

Any contests, sweepstakes, or other promotions made available through the Service or Website may have separate rules. Please review the applicable rules and our Privacy Policy if you participate in any promotions.

7. Subscriptions

Some parts of the Service are billed on a subscription basis (’Subscriptions’). Subscriptions are billed on a recurring basis, either monthly or annually, depending on your selected subscription plan. Your Subscription will automatically renew at the end of each Billing Cycle unless you or the Company cancels it. You may cancel your Subscription renewal through your Account or by contacting our customer support at[email protected]. You must provide accurate billing information, including your full name, email address, country, business’s legal entity name, VAT tax number, and valid payment method. By submitting payment information, you authorize us to charge all Subscription fees incurred through your Account to the specified payment instrument. If automatic billing fails, we will issue an electronic invoice with a deadline for manual payment. We reserve the right to refuse or cancel orders for various reasons, including service availability, pricing errors, or suspected fraud.

8. Fee Changes

The Company may modify Subscription fees for Subscriptions at any time, effective at the end of the then-current Billing Cycle. We will provide reasonable prior notice of any fee changes, giving you an opportunity to terminate your Subscription before the changes take effect. Continued use of the Service after the fee change constitutes your agreement to pay the modified amount.

9. Refunds

Paid Subscription fees are generally non-refundable, except as required by law.

10. Content

Our Service and Website allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible, in particular to your customers, for Content that you post on or through Service including its legality, reliability, and appropriateness. By posting Content on or through Service or Website, You represent and warrant that: (i) Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the Account of any User found to be infringing on a copyright. You retain any and all of your rights to any Content you submit, post or display on or through Service or Website and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through Service.

11. Prohibited Uses

You may use the ChatClient.ai service or website only for lawful purposes and in accordance with these Terms. By using the service or website, you agree not to:

1. Violate any applicable national or international laws or regulations.
2. Exploit, harm, or attempt to exploit or harm minors in any way, including exposing them to inappropriate content.
3. Transmit or procure the sending of any advertising or promotional material, including ’junk mail,’ ’chain letters,’ ’spam,’ or any other similar solicitation.
4. Impersonate or attempt to impersonate ChatClient.ai, a ChatClient.ai employee, another user, or any other person or entity.
5. Infringe upon the rights of others, engage in illegal, threatening, fraudulent, or harmful activities, or use the service or website for any unlawful, illegal, fraudulent, or harmful purpose or activity.
6. Engage in conduct that restricts or inhibits anyone’s use or enjoyment of the service or website, or which may harm or offend ChatClient.ai or its users, exposing them to liability.

Additionally, you agree not to:

1. Use the service and website in any way that could disable, overburden, damage, or impair the service or website, or interfere with any other party’s use of the service.
2. Use any robot, spider, or other automatic device, process, or means to access the service or website for any purpose, including monitoring or copying any material without our prior written consent.
3. Use any manual process to monitor or copy any material on the service or website or for any other unauthorized purpose without our prior written consent.
4. Use any device, software, or routine that interferes with the proper working of the service or website.
5. Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
6. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the service or website, the server on which it is stored, or any server, computer, or database connected to it.
7. Attack the service or website via a denial-of-service attack or a distributed denial-of-service attack.
8. Take any action that may damage or falsify ChatClient.ai’s rating.
9. Otherwise attempt to interfere with the proper working of the service or website.

12. Analytics

We may use third-party service providers to monitor and analyze the use of our ChatClient.ai service and website.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to monitor the use of our service and website. This data may be shared with other Google services and may be used by Google to personalize ads on its advertising network. For more information on Google’s privacy practices, please visit the Google Privacy Terms web page: Google Privacy Terms. We also encourage you to review Google’s policy for safeguarding your data: Google Analytics Data Safeguarding.

13. Intellectual Property

The ChatClient.ai service, website, and their original content (excluding user-generated content) are and will remain the exclusive property of ChatClient.ai and its licensors. The service and website are protected by copyright, trademark, and other laws of India and other foreign countries. ChatClient.ai’s trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ChatClient.ai. Users of the service do not acquire any rights to the intellectual property.

It is prohibited to use the intellectual property for purposes other than those resulting from authorized personal use referred to in the Article 23 of the Indian Act of February 4, 1994, on Copyright and Related Rights. Upon purchase of a subscription, the user receives a license to use the service in accordance with the subscription terms. The license is limited, non-transferable, revocable, non-exclusive, and granted for the duration of the subscription. Users are not entitled to sublicense the service. The license is granted only for the following forms of exploitation:

1. Subscribing and installing the service on the user’s website and/or software.
2. Using the service to serve the customers of the user.

Users shall not modify, reverse engineer, decompile, disassemble, or attempt to derive the source code from the service or the website, or any portion thereof. Users are not allowed to create and/or publish APIs or otherwise proxy access to the service or the website, nor are they allowed to use the service or the website in an automated manner (i.e., by machine or computer program).

14. Copyright Policy

We respect the intellectual property rights of others. If you believe that any content posted with the use of the ChatClient.ai service or on the website infringes on your copyright or other intellectual property rights, you may submit a claim via email to [email protected] with the subject line: ’Copyright Infringement.’ Please include the following information in your claim:

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
2. A description of the copyrighted work that you claim has been infringed, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
3. Identification of the URL or specific location on the service where the material you claim is infringing is located.
4. Your address, telephone number, and email address.
5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate, and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

15. DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the above-mentioned information in writing. You can contact our Copyright Agent via email at [email protected].

16. Error Reporting and Feedback

We value feedback from our guests and users to improve the quality of our ChatClient.ai service. If you have any suggestions for improvements, ideas, problems, complaints, or other matters related to our service, you can provide us with information and feedback at [email protected]. By providing feedback, you acknowledge and agree that:

1. You do not retain any intellectual property right or other right to the feedback.
2. ChatClient.ai may have similar development ideas to the feedback.
3. Feedback does not contain confidential or proprietary information from you or any third party.
4. Company is not under any obligation of confidentiality with respect to the Feedback. In the event the transfer of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge, sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative works, publish, distribute and commercialize) Feedback in any manner and for any purpose.

17. Links to Other Websites

ChatClient.ai service and/or website may contain links to other websites that are not owned or controlled by the Company. We want to make it clear that we have no control over, and assume no responsibility for the content, privacy policies, or practices of any other websites. We do not endorse or warrant the offerings of any entities/individuals or other websites. By accessing or relying on any content, goods, or services available on or through any other websites, you acknowledge and agree that ChatClient.ai shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. We strongly advise you to read the terms of service and privacy policies of any other websites you visit.

18. Disclaimer of Warranty

The services provided by ChatClient.ai are offered on an ’as is’ and ’as available’ basis. We make no representations or warranties of any kind, express or implied, regarding the operation of our services or the information, content, or materials included therein. By using our services, their content, or any services or items obtained from us, you expressly agree that your use is at your sole risk. We do not guarantee the completeness, security, reliability, quality, accuracy, or availability of the services. We do not represent or warrant that the services, their content, or any services or items obtained through them will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the services or the server that makes them available are free of viruses or other harmful components. We hereby disclaim all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to warranties of merchantability, non-infringement, and fitness for a particular purpose. This disclaimer does not affect any warranties that cannot be excluded or limited under applicable law.

19. Limitation of Liability

ChatClient.ai shall not be liable for the consequences of complying with the content of tips, articles, or other publications on the website or the service, including the content provided by the AI computer. You acknowledge that the AI computer that provides content in the service and/or the website is not an expert and may be mistaken, and you cannot rely on its answers or advice. The company shall not be liable to the customers of the user for the use of the service and the content provided by the service to the user’s customers. The company shall not be liable for the consequences of installing or sending any malicious software, phishing, or any other practices undertaken by other entities using the service. The company shall not be liable for any breaks in the operation of the service. The company shall not be liable for the consequences of phenomena known as force majeure, including, in particular, power outages, fires, atmospheric phenomena, wars, riots, strikes, and other similar events that are beyond the company’s control.

Except as prohibited by law, you will hold us and our officers, directors, employees, and agents harmless for any indirect, punitive, special, incidental, or consequential damage arising from these terms and any violation by you of any laws, statutes, rules, or regulations, even if the company has been previously advised of the possibility of such damage. Except as prohibited by law, if there is liability found on the part of the company, it will be limited to the amount paid for the services, and under no circumstances will there be consequential or punitive damages. Some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the prior limitation or exclusion may not apply to you.

20. The Guest’s/User’s Liability

The guest and/or user are fully liable for the consequences of authorized or unauthorized distribution of any content available on the website or the service, especially concerning intellectual property. The liability includes, in particular, ChatClient.ai’s release from any claims in this respect if such claims are against ChatClient.ai. The user is solely liable for any content published, presented, sent, or otherwise provided during the use of the service to the user’s customers.

21. Service Breaks

ChatClient.ai does not guarantee the permanent accessibility of the service or the website. We reserve the right to introduce breaks in the operation of the website or the service or their certain functionalities. If there is an intention to implement a break, we will notify you by posting relevant information or a message on the website or via the email provided when setting up the account at least 3 days before the date of the planned break. In the event of unintended breaks in the operation of the website or the service or their certain functionalities, we will immediately notify you by posting relevant information or a message on the website or via the email provided when setting up the account. Acceptance of the regulations also means giving approval for the services being not 100% reliable.

22. Personal Data Protection and Security

ChatClient.ai processes personal data with due diligence and ensures adequate technical and organizational security measures. Detailed information about the protection of personal data can be found in the Privacy Policy. We shall not be liable for the personal data protection of your customers who use the service. We shall not be liable for the contents and rules of personal data protection and privacy on other websites, including those to which the links refer. We shall not be liable for damages caused by browsing other websites or posting any personal data or other information on them. We recommend reading the rules of personal data protection and privacy on other websites, including those to which the links refer, before starting to use them, especially before publishing your personal data or other essential information on the other websites.

23. Termination

We may terminate or suspend your account and ban access to the ChatClient.ai service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms. If you wish to terminate your account, you may simply discontinue using the service. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

24. Governing Law

These Terms shall be governed and construed in accordance with the laws of India without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our service and supersede and replace any prior agreements we might have had between us regarding the service.

25. Changes To Service

We reserve the right to withdraw or amend our service, and any service or material we provide via the service, in our sole discretion without notice. We will not be liable if for any reason all or any part of the service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the service, or the entire service, to users, including registered users.

26. Amendments to Terms

We reserve the right to amend the Terms at any time by posting the updated terms on our website. It is your responsibility to review these Terms periodically. Your continued use of the Platform following the posting of revised Terms signifies that you accept and agree to the changes. Please make sure to check this page frequently to stay informed about any modifications, as they will be binding on you. By continuing to access or use our Service after the revised terms become effective, you agree to be bound by the updated Terms. If you do not agree to the new terms, you are no longer authorized to use the Service. In the event of any discrepancies between these Terms and the Agreement (if concluded), the provisions of the Agreement shall be applicable. This also applies to any amendments to these Terms introduced in the Agreement.

27. Waiver and Severability

No waiver by the Company of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Furthermore, any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent necessary so that the remaining provisions of these Terms will continue in full force and effect.

28. Acknowledgment

BY USING THE SERVICE OR ANY OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.

29. Contact Us

If you need to contact the Company at any time, please send an email to: [email protected].