Terms of Service

Welcome to ChatGenius. By accessing or using our AI chatbot platform, you agree to be bound by these Terms of Service. Please read them carefully.

1. Acceptance of Terms

By creating an account, accessing, or using ChatGenius ("Service", "Platform", "we", "us", or "our"), you ("Customer", "you", or "your") accept and agree to be bound by these Terms of Service and our Privacy Policy.

If you do not agree to these terms, you may not access or use the Service. These terms apply to all users, including visitors, customers, and contributors of content.

2. Description of Service

ChatGenius provides an AI-powered chatbot platform that enables businesses to automate customer support through:

• Chatbot creation and customization tools
• Natural language processing and machine learning
• Integration with websites, apps, and third-party platforms
• Analytics and reporting dashboards
• Customer conversation management
• Knowledge base and training capabilities

3. Account Registration

3.1 Eligibility

To use ChatGenius, you must:

• Be at least 18 years old
• Have the authority to enter into binding contracts
• Provide accurate and complete registration information
• Not be prohibited from using the Service under applicable laws

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breaches
• Ensuring your account information remains accurate and up-to-date

3.3 Business Accounts

If you register on behalf of an organization:

• You represent that you have authority to bind that organization to these terms
• "You" refers to both you individually and the organization
• The organization is responsible for all actions taken under the account

4. Subscription and Payment

4.1 Subscription Plans

ChatGenius offers various subscription plans with different features and usage limits. Current plans and pricing are available at chatgenius.ai/pricing.

4.2 Billing

• Payment: You agree to pay all fees associated with your selected plan
• Billing Cycle: Subscriptions are billed monthly or annually in advance
• Auto-Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Payment Method: You must provide a valid payment method and keep it current
• Failed Payments: Failed payments may result in service suspension or termination

4.3 Price Changes

We may change our prices with 30 days advance notice. Price changes will not affect your current billing cycle but will apply to subsequent renewals unless you cancel.

4.4 Refunds

Refunds are handled on a case-by-case basis. Generally:

• Free trials are not subject to refunds
• Pro-rated refunds may be issued for annual plans cancelled within 30 days
• Monthly subscriptions are non-refundable but you can cancel anytime
• Service credits may be issued for significant downtime or service failures

4.5 Taxes

All fees are exclusive of taxes. You are responsible for all applicable taxes, and we will charge tax when required by law.

5. Acceptable Use Policy

5.1 Permitted Use

You may use ChatGenius for lawful business purposes consistent with these terms and our documentation.

5.2 Prohibited Activities

You agree NOT to:

• Violate any laws or regulations
• Infringe intellectual property rights of others
• Transmit viruses, malware, or harmful code
• Attempt to gain unauthorized access to our systems
• Reverse engineer, decompile, or disassemble the Service
• Use the Service to spam, harass, or harm others
• Create chatbots that impersonate real people without disclosure
• Scrape or data mine the Service without permission
• Resell or redistribute the Service without authorization
• Use the Service for illegal activities or adult content
• Exceed rate limits or abuse API access
• Remove or obscure copyright notices or trademarks

5.3 Content Standards

Content you create must not:

• Be defamatory, obscene, or offensive
• Promote violence, discrimination, or illegal activities
• Violate privacy rights of individuals
• Contain false or misleading information
• Infringe on patents, trademarks, or copyrights

6. Intellectual Property

6.1 ChatGenius Property

The Service, including all software, designs, text, graphics, and other content, is owned by ChatGenius and protected by copyright, trademark, and other intellectual property laws.

6.2 Your Content

You retain ownership of content you upload to ChatGenius (knowledge base articles, training data, etc.). By uploading content, you grant us a limited license to:

• Store, process, and display your content as necessary to provide the Service
• Use your content to train and improve our AI models (you can opt-out)
• Create anonymized, aggregated analytics

6.3 Feedback

Any feedback, suggestions, or ideas you provide about ChatGenius become our property, and we may use them without obligation to you.

7. Data and Privacy

7.1 Data Protection

We process your data in accordance with our Privacy Policy and applicable data protection laws (GDPR, CCPA, etc.).

7.2 Data Ownership

You own your customer data. We are a data processor acting on your behalf. You are the data controller responsible for compliance with privacy laws.

7.3 Data Security

We implement industry-standard security measures, but we cannot guarantee absolute security. You are responsible for maintaining backup copies of your data.

7.4 Data Processing Agreement

Enterprise customers may request a Data Processing Agreement (DPA) that outlines our data processing responsibilities under GDPR and other regulations.

8. Service Level and Support

8.1 Availability

We strive for 99.9% uptime but do not guarantee uninterrupted access. Scheduled maintenance will be announced in advance when possible.

8.2 Support

• Email Support: Available to all paid plans
• Priority Support: Available to Pro and Enterprise plans
• Response Times: Vary by plan and issue severity
• Support Hours: Monday-Friday, 9 AM - 5 PM PST (email support 24/7)

8.3 Service Credits

Enterprise plans may include SLA guarantees with service credits for downtime exceeding agreed thresholds.

9. Modifications to Service

9.1 Changes to Features

We may modify, update, or discontinue features at any time. We will provide reasonable notice for material changes.

9.2 API Changes

We may update our API with at least 90 days notice for breaking changes. Non-breaking changes may be implemented without notice.

10. Termination

10.1 Termination by You

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

10.2 Termination by Us

We may suspend or terminate your account if:

• You violate these Terms of Service
• Your payment fails and is not resolved within 14 days
• Your use poses a security or legal risk
• We discontinue the Service (with 90 days notice)

10.3 Effect of Termination

Upon termination:

• Your access to the Service will be revoked
• You may export your data within 30 days
• We will delete your data according to our retention policy
• You remain liable for any outstanding fees

11. Warranties and Disclaimers

11.1 As-Is Service

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11.2 No Guarantee

We do not guarantee that:

• The Service will be error-free or uninterrupted
• AI responses will be accurate, appropriate, or complete
• Your use will achieve specific results or revenue
• All bugs or security vulnerabilities will be fixed

11.3 Your Responsibility

You are responsible for:

• Reviewing and monitoring chatbot responses
• Ensuring compliance with applicable laws
• Training your chatbot appropriately
• Providing accurate information to customers

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATGENIUS SHALL NOT BE LIABLE FOR:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL
• BUSINESS INTERRUPTION OR LOSS OF BUSINESS OPPORTUNITY
• ANY DAMAGES EXCEEDING THE AMOUNT PAID TO US IN THE 12 MONTHS PRIOR TO THE CLAIM

Some jurisdictions do not allow limitation of liability, so these limitations may not apply to you.

13. Indemnification

You agree to indemnify and hold harmless ChatGenius from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these terms
• Your violation of any laws or third-party rights
• Content you upload or create
• Your customer interactions through the Service

14. Dispute Resolution

14.1 Governing Law

These terms are governed by the laws of the State of California, USA, without regard to conflict of law principles.

14.2 Arbitration

Any dispute arising from these terms will be resolved through binding arbitration in San Francisco, California, except you may bring claims in small claims court.

14.3 Class Action Waiver

You agree to resolve disputes on an individual basis and waive the right to participate in class actions or class arbitrations.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChatGenius.

15.2 Severability

If any provision is found invalid, the remaining provisions will continue in full force.

15.3 Waiver

Our failure to enforce any right or provision does not constitute a waiver of that right.

15.4 Assignment

You may not assign these terms without our consent. We may assign our rights to affiliates or in connection with a merger or acquisition.

15.5 Force Majeure

We are not liable for delays or failures due to causes beyond our reasonable control (natural disasters, war, government actions, internet failures, etc.).

16. Changes to Terms

We may update these Terms of Service from time to time. We will notify you of material changes by:

• Posting the updated terms on our website
• Sending email notification to your registered address
• Displaying an in-app notification

Continued use of the Service after changes constitutes acceptance of the updated terms.

17. Contact Information

For questions about these Terms of Service, please contact us: