Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and ChatWidgetPro ("Company," "we," "us," or "our") governing your access to and use of the ChatWidgetPro service, including our website, applications, and related services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

Effective Date: December 10, 2024
Company Location: Canada
Contact: support@chatwidgetpro.com

2. Service Description

ChatWidgetPro is a SaaS platform that enables users to create, customize, and deploy chat widgets that connect to AI workflows, including n8n integrations and custom backends.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We are not liable for any modification, suspension, or discontinuation of the Service.

3. Account Registration and Security

3.1 Account Creation

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Be at least 18 years of age (or the age of majority in your jurisdiction)
• Use the Service only for lawful purposes and in accordance with these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your account is not shared with others

4. Subscription Plans and Billing

4.1 Plan Types

We offer multiple subscription plans:

• Free Plan: Basic features with ChatWidgetPro branding
• Pro Plan: Advanced features with white-label options (paid subscription)

Detailed plan features and pricing are available on our Pricing Page.

4.2 Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• All fees are in USD unless otherwise stated
• Payment is processed through Stripe, a PCI-DSS compliant payment processor
• You authorize us to charge your payment method for all fees due
• Taxes (GST, HST, VAT) may be added as required by law

4.3 Subscription Renewal and Cancellation

• Subscriptions automatically renew unless cancelled before the renewal date
• You may cancel your subscription at any time through Account Settings
• Cancellations take effect at the end of the current billing period
• No refunds are provided for partial months or unused services
• Upon cancellation, you will retain access until the end of your paid period

4.4 Price Changes

We may change subscription fees with 30 days' advance notice. Continued use of the Service after the price change constitutes acceptance of the new price. You may cancel your subscription before the price change takes effect.

5. Acceptable Use Policy

You agree NOT to use the Service to:

• Violate any applicable laws, regulations, or third-party rights
• Distribute malware, viruses, or harmful code
• Engage in fraudulent, deceptive, or misleading activities
• Harass, abuse, threaten, or intimidate others
• Collect or harvest user data without consent
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to systems or accounts
• Use the Service for illegal gambling, adult content distribution, or hate speech
• Resell or redistribute the Service without authorization
• Create widgets that violate privacy laws or user consent requirements

Violation of this policy may result in immediate suspension or termination of your account without refund.

6. Intellectual Property Rights

6.1 Our Intellectual Property

The Service, including all content, features, functionality, software, logos, and trademarks, is owned by ChatWidgetPro and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Service without our written permission.

6.2 Your Content

You retain ownership of content you create using the Service ("Your Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to host, store, process, and display Your Content solely to provide the Service to you.

You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

6.3 White-Label Rights

Pro Plan subscribers may remove ChatWidgetPro branding from their widgets. This does not grant you ownership of our underlying software or the right to claim the Service as your own product.

7. Service Availability and Support

7.1 Uptime Commitment

We strive to maintain 99.9% uptime, but we do not guarantee uninterrupted availability. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

7.2 Support

• Free Plan: Community support via documentation and email
• Pro Plan: Priority email support with 24-48 hour response time

8. Data and Privacy

Our collection, use, and protection of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

You are responsible for ensuring your use of the Service complies with applicable privacy and data protection laws, including obtaining necessary consents from end users of your widgets.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT
• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION
• OUR TOTAL LIABILITY FOR ANY CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER
• WE ARE NOT RESPONSIBLE FOR ANY ISSUES CAUSED BY THIRD-PARTY SERVICES (e.g., n8n, STRIPE, HOSTING PROVIDERS)

10. Indemnification

You agree to indemnify, defend, and hold harmless ChatWidgetPro and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any content you create or distribute using the Service

11. Termination

11.1 By You

You may terminate your account at any time through Account Settings. Upon termination, you will lose access to all widgets and data. We will permanently delete your data after 30 days, except as required for legal or accounting purposes.

11.2 By Us

We may suspend or terminate your account immediately, without prior notice, if you:

• Violate these Terms or our Acceptable Use Policy
• Fail to pay subscription fees
• Engage in fraudulent or illegal activities
• Cause harm to the Service or other users

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of Canada and the province where ChatWidgetPro is registered, without regard to conflict of law principles.

12.2 Dispute Process

Before filing any legal claim, you agree to first contact us at support@chatwidgetpro.com to attempt to resolve the dispute informally. We will work in good faith to resolve disputes within 30 days.

12.3 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with Canadian arbitration laws. Each party will bear its own costs, and the arbitrator's decision will be final and binding.

13. Changes to These Terms

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

• Posting the updated Terms with a new "Last Updated" date
• Sending an email notification
• Displaying a prominent notice on our website

Your continued use of the Service after changes become effective constitutes acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

14. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChatWidgetPro
• Severability: If any provision is found unenforceable, the remaining provisions remain in full effect
• Waiver: Our failure to enforce any right or provision does not constitute a waiver
• Assignment: You may not assign your rights under these Terms without our consent. We may assign our rights without restriction
• Force Majeure: We are not liable for delays or failures caused by circumstances beyond our reasonable control