Terms of Service
These Terms of Service ("Terms") govern your access to and use of our services, including our AI-powered chatbot solutions (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services.
1. Acceptance of Terms
By using our Services, you affirm that you are at least 18 years old or have the consent of a parent or guardian. If you are using the Services on behalf of a business or entity, you represent that you have the authority to bind that entity to these Terms.
2. Services Description
ChatBotNexus provides AI-powered chatbot solutions designed to enhance customer communication and streamline business operations. Our Services include customer interaction and support, appointment management, payment processing, and more. Maximum of three concurrent calls permitted.
Where stated on our website that The bot is ready for use in less than 24 hours”, this timeframe begins only after ChatBotNexus has received all necessary integrations, access credentials, and information required for installation into the client’s business systems. Delays in providing these items may extend the setup time beyond 24 hours. The call minutes do not rollover into the next month. For each concurrent call, it will cost $7. We use twilio for SMS messaging.
3. User Responsibilities
You agree to use the Services in compliance with all applicable laws and regulations. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.
4. Prohibited Activities
You agree not to engage in any of the following prohibited activities:- Using the Services for any illegal or unauthorized purpose.- Interfering with or disrupting the security, integrity, or performance of the Services.- Attempting to gain unauthorized access to the Services or its related systems or networks.- Transmitting any viruses, malware, or other harmful code.- Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
5. Intellectual Property
All content, trademarks, and other intellectual property associated with the Services are the property of ChatBotNexus or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for your personal or business use, subject to these Terms.
6. Payment Terms
If you purchase any services or products from ChatBotNexus, you agree to provide accurate and complete payment information. You authorize us to charge your payment method for the total amount of your purchase. All fees are non-refundable unless otherwise stated. Any minutes exceeding your allotted talk minutes plan will incur a charge of $2 per additional minute.
7. Past Due Amounts
Amounts owing to ChatBotNexus for fees and/or expenses that remain outstanding for thirty (30) calendar days from the invoice date shall be considered past due, and if still past due fifteen (15) calendar days after Client has been notified of the past due status, Client shall pay interest on such past due amounts at a rate of one percent (1%) per month until all amounts owing, including interest, are paid in full.
8. Refund Policy
At ChatBotNexus, we strive to provide exceptional service with our AI Assistants. We understand that circumstances may change, and we want to ensure our customers are fully informed about our refund and cancellation policy.
Monthly Subscription: Our AI Assistants are available through a monthly subscription model. Customers can cancel their subscription at any time before their next billing date.
Cancellation Process: To cancel your subscription, please log into your account and follow the cancellation instructions provided in the subscription management section. Alternatively, you can contact our customer support team for assistance with the cancellation process.
Refund Eligibility: If you cancel your subscription before the billing date, you will not be charged for the upcoming billing cycle, and your subscription will be terminated effective immediately. If you do not cancel your subscription before the billing date, you will retain access to your AI Assistants for the remainder of the billing cycle. No refunds will be issued for the current billing period.
Access to Services: Customers who cancel their subscription will continue to have access to their AI Assistants until the end of the current billing cycle, at which point access will be revoked.
Changes to the Policy: ChatBotNexus reserves the right to modify this refund policy at any time. Any changes will be communicated through our website or directly to our customers.
9. Termination
We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, including if you violate these Terms. Upon termination, your right to use the Services will immediately cease.
10. DISPUTES
Any disputes that arise between the parties with respect to the performance of this contract shall be submitted to binding arbitration. If required, both parties will mutually agree on an arbitrator association, and adhere to the arbitrator’s rulings. Both parties hereby agree to share equally in the costs of said arbitration. The final arbitration decision shall be enforceable through the courts of the state of California. In the event that any court of competent jurisdiction holds this arbitration provision unenforceable
11. Disclaimer of Warranties
The Services are provided on an "as-is" and "as-available" basis. ChatBotNexus makes no warranties, express or implied, regarding the Services, including but not limited to the accuracy, reliability, or availability of the Services.
12. Limitation of Liability
ChatBotNexus’s liability is strictly limited to the creation and deployment of the AI Agent in accordance with the client’s specifications. ChatBotNexus shall not be held responsible for any inaccuracies in information provided by the customer, particularly during the initial 30 days following deployment when optimization is taking place. Additionally, ChatBotNexus is not liable for any service interruptions caused by connection failures or issues with third-party phone number providers. In all circumstances, ChatBotNexus’s total liability shall not exceed the total payments made by the Client to ChatBotNexus.
The Client acknowledges and agrees that, similar to a human phone representative, the AI Agent may make mistakes, and as such, the Client agrees not to hold ChatBotNexus responsible for any errors. To the fullest extent permitted by law, ChatBotNexus shall also not be liable for any indirect, incidental, special, consequential, or punitive damages arising from or related to the Client's use of the Services, even if ChatBotNexus has been advised of the possibility of such damages.
13. Indemnification
You agree to indemnify and hold harmless ChatBotNexus, its affiliates, and their respective officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to your use of the Services or your violation of these Terms.
14. Changes to These Terms
We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on this page with a new effective date. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.
15. Governing Law
These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law principles.
16. Your Data Protection Rights under the General Data Protection Regulation (GDPR)
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. ChatBotNexus Agency aims to take reasonable steps to allow you to correct, amend, delete of limit the use of your personal data. If you wish to be informed about what personal data we hold about you and if you want it to be removed from our systems, please contact us. In certain circumstances, you have the following data protection rights:
-The right to access, update, or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your personal data directly within your account settings section, if you are unable to perform these actions yourself, please contact us to assist you.
-The right of rectification. You have the right to have your information rectified if that information is inaccurate or incomplete. The right to object. You have the right to object to our processing of your personal data.
-The right to restriction. You have the right to request that we restrict the processing of your personal information.
-The right to data portability: You have the right to be provided with a copy of the information we have on you in a structured, machine-readable and commonly used format
-The right to withdraw consent: You also have the right to withdraw your consent at any time where ChatBotNexus Agency relied on your consent to process your personal information.
Please note that we may ask you to verify your identity before responding to such request.
If the user considers that the processing of personal data relating to them infringes the GDPR they may without prejudice to any other administrative or judicial remedy, lodge a complaint with the information commissioner’s office at 0303 123 1113, or via live chat at ico.org.uk/livechat.
16. Contact Us
If you have any questions or concerns about these Terms, please contact us at:
ChatBotNexus
Effective Date: August 4, 2023