Terms of Service

1. Introduction

1.1 These Terms of Service govern the use of the Service provided by ChatRev Inc (“Company”). ChatRev is an AI chatbot designed to engage prospects, generate qualified leads and drive sales by engaging with prospective clients on your website by offering meaningful responses derived from information on your website and user-provided data.1.2 By accessing the Website or using the Company’s Service, you declare your acceptance of these Terms of Service and the Privacy Policy. You affirm that you have the legal and mental capacity, have read, and understood these Terms of Service and have appropriate authorization to act on behalf of the entity you represent. If you do not agree, you must refrain from using the service.

2. Definitions

2.1 Unless specified otherwise, capitalized terms hold the following meanings and remain applicable in both singular and plural forms.:Account: An individual or business profile created by a user (referred to as "you" in the agreement) to access and use the AI-powered chatbot. This account may include personal or business information provided by the user during the registration or setup process. The account may also be associated with user authentication credentials (such as a username and password) to ensure secure access and protect the user's information.Agreement: The agreement between the User and the Company, specifying the terms and pricing for use of Company’s services.Company: ChatRev Inc.Content: Materials that are ingested by Company and are therefore made available through the service. This includes but is not limited to: (i) text (ii) images.Content Owners: Refers to individuals or entities that hold the rights to the Content used by Users when using Company’s Services.Chat Widget: The interface element on websites or digital platforms deployed by the User enabling interactions with the Company's AI-powered chatbot.Device: Any electronic device, including but not limited to computers, smartphones, tablets, and similar hardware, that is used to interact with the services provided by Company.End User: Refers to the individuals or entities that interact with the chatbots generated by the Users. End users access Services on Properties owned by Users.End User Data: Any data, information, or content provided, submitted, or otherwise collected from Users through the use of Company’s services.External Hyperlinks: Paths to services outside of Company’s Services.Intellectual Property: Exclusive rights to designations, inventions, designs, works, and other creative expressions that are owned by Company.License: Non-exclusive right for the User to use the Services of Company (the Chat Widget) in accordance with the Terms of ServiceOther Websites: Websites other than Company’s Website.Password: A confidential combination of characters chosen by the user during the account creation process, used to verify their identity and gain access to the account. Users are responsible for maintaining the confidentiality of their password and are advised not to share it with others. The Company shall not be held liable for any unauthorized access resulting from the user's failure to safeguard their password.Privacy Policy: Rules governing personal data processing, accessible at https://www.chatrev.ai/privacy-policyProperty: The digital platforms on which Users deploy Company’s services to End Users.Service: Encompasses the Company Website, ingestion and process of content, and/or the Chat Widget depending on the User’s Agreement.User: Refers to the individual or entity that owns the account and therefore delivers Company’s Services to End Users.User Data: Any data, information, or content provided, submitted, or otherwise collected from Users through the use of Company’s Services.Website: All web pages located at the domain https://www.chatrev.ai

3. Modifications to this Agreement

3.1 Company retains the right to revise this Agreement at any time, encompassing any referenced standards, guidelines, or additional documents.3.2 Your ongoing utilization of any segment of the Company’s Service indicates your acceptance of all updates to the Terms of Service. If you do not or are unable to agree to the amended Terms of Service, your exclusive recourse is to cease your usage of the Company’s Services without delay. It is User’s responsibility to regularly review the Terms of Service.

4. Governing Law

4.1 These Terms will be governed by and construed in accordance with the laws of the State of Delaware.4.2 The failure to enforce any right or provision in these Terms does not constitute a waiver of those rights. If a court deems any provision of these Terms invalid or unenforceable, the remaining provisions will remain in effect.

5. Principals

5.1 Using the Service implies full acceptance of these Terms of Service. If other entities provide additional services on the Service and/or Website, separate regulations from those entities will govern those services.5.2 Company retains the right to withdraw or modify the Service, along with any services or materials offered through the Service, at our sole discretion and without prior notice. Company shall not be held liable if, for any reason, the entire Service or any portion of it becomes unavailable at any time or for any duration. Periodically, Company may limit access to specific sections of the Service or the Service as a whole, including for registered users.5.3 Essential Technical PrerequisitesUsers must adhere to the essential technical prerequisites. These include but are not limited to 1) A stable internet connection, 2) Access to the platform from one of the following internet browsers with JavaScript enabled in a version that is no more than 24 months older than the latest release version: Firefox, Google Chrome, Microsoft Edge, Safari.

6. Limited Warranty

6.1 Users and End Users acknowledge that AI generated content is prone to errors, and should not be relied on. The Company is not responsible for the outcomes resulting from adherence to the content delivered through Company’s Service.6.2 Company holds no liability towards the User's customers (End Users) for their use of the Service and the Content provided.6.3 The Company is not responsible for any disruptions in the operation of the Service. Furthermore, the Company is not liable for the consequences of force majeure events, including but not limited to power outages, fires, atmospheric phenomena, wars, riots, strikes, and similar occurrences beyond the control of the Company.6.4 Unless prohibited by law, you agree not to hold us, our officers, directors, employees, and agents responsible for any indirect, punitive, special, incidental, or consequential damages, irrespective of how they arise. This includes, but is not limited to attorneys' fees and all related costs and expenses of litigation and arbitration, or at trial or on appeal, if any, whether or not litigation or arbitration is initiated. This indemnity applies to actions based on contract, negligence, or other tortious actions, and it extends to claims for personal injury or property damage arising from these Terms of Service and any violation by you of any federal, state, or local laws, statutes, rules, or regulations, even if the Company has previously been informed of the possibility of such damage.6.5 Unless prohibited by law, if the Company is found liable, the liability will be limited to the amount paid for the services, and under no circumstances will there be consequential or punitive damages. Note that some states do not allow the exclusion or limitation of punitive, incidental, or consequential damages, so the preceding limitation or exclusion may not apply to you.6.6 The Company is not accountable for any consequences related to the installation or dissemination of malicious software, phishing, or any other practices conducted by other entities using the Service.

7. Warranty Disclaimer

7.1 With the exception of the limited warranty outlined in Section 14, all services are provided on an "as is" basis. Neither Company nor its suppliers make any other warranties, whether express, implied, statutory, or otherwise, including but not limited to warranties of merchantability, title, fitness for a particular purpose, or non-infringement.

8. Content

8.1 Company allows Users make multiple sources of Content available to End Users through its Services. You carry sole responsibility to End Users and Content Owners, for the Content you share through our platform, ensuring its legality, reliability, and appropriateness.8.2 By using company Services, and processing content through these Services, you explicitly represent and warrant that: (i) the Content belongs to you (you own it), and/or the Content Owners have granted you the necessary rights to use it and grant us the rights and license outlined in these Terms of Service, and (ii) the act of using your Content in Company’s Services does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any individual or entity.8.3 We reserve the right to terminate the account of any user found to be infringing on copyrights. You retain all rights to the Content you submit, post, or display through Company’s Services, and it is your responsibility to safeguard those rights.8.4 Company does not assume any responsibility or liability for the Content posted by you or any third party through Company’s Services.

9. Prohibited Uses of Services

9.1 When utilizing the Company’s Service, you are permitted to engage only in activities that are considered legal under (i) the laws of the jurisdictions from which End Users access Services (ii) United States Federal (iii) Laws of the State of Delaware in addition to adhering to Company’s Terms of Service.9.2 You are expressly prohibited from using the Company’s Service:In any manner that violates any applicable local, national or international laws or regulations.In any way that infringes upon the rights of others, or that is deemed illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.

10. User and End User Data

10.1 Company diligently handles personal data, implementing appropriate technical and organizational security measures. Comprehensive details regarding the protection of personal data are outlined in the Privacy Policy. However, Company assumes no responsibility for the protection of personal data belonging to End Users utilizing the Service.10.2 Company does not offer a data archiving service and commits only to not intentionally deleting any User Data from the Services before the termination of the User's applicable Subscription Term and explicitly disclaims all other responsibilities regarding storage.10.3 Despite any contrary provisions herein, Customer consents to Company using certain technical and other data about End User's use of the Services. This Anonymized Data may be utilized by Company to analyze, enhance, support, and operate the Services during and after the term of this Agreement.

11. Charges

11.1 [Outline our charging, billing cycle and information required to process payments].11.2 [Outline rights to change charges with a certain amount of notice and that Users reserve the right to cancel at any point before the next billing cycle.]

12. Analytics

12.1 Third-party service providers may be used to monitor and analyze Company’s Services and usage. Examples include but are not limited to Google Analytics.

13. Authentication, Account Safety and Naming Rights

13.1 Safeguarding the confidentiality of your account and password is your responsibility, encompassing the restriction of access to your device, and/or account. You commit to assuming liability for any activities or actions transpiring under your account and/or password, whether the password pertains to our Website and Service or a third-party service.13.2 Additionally, your chosen username must not infringe upon the rights of others, use the name of another person or entity unlawfully, or employ a name or trademark that is subject to the rights of any other person or entity without proper authorizations.

14. Downtime

14.1 The continual accessibility of the Service or the Website is not guaranteed by the Company. The Company retains the right to implement interruptions in the operation of the Website or the Service, including specific functionalities.

15. External Hyperlinks

15.1 Company allows Users to direct End Users to other digital services (including Other Websites) that are not controlled by Company. Company assumes no responsibility or liability either directly or indirectly for events that may occur from such External Hyperlinks and the services / digital real-estate to which they direct users. Such digital services and Other Websites are subject to their own terms of service.

16. Refunds

16.1 Company does not offer refunds except when required by the laws of the State of Delaware. However, if you are unhappy with the Services provided please contact support@chatrev.ai directly and we will be happy to assist you and do our best to come to a resolution. Feedback is always appreciated.

17. Termination

17.1 Company reserves the right to terminate or suspend any Account for any reason without notice.

18. Website tracking

When you visit or log in to our website, cookies  and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email or home address. We (or service providers on our behalf) may then send communications and marketing to these email or home addresses. You may opt out of receiving this advertising by visiting https://app.retention.com/optout‍

19. Acknowledgement

19.1 By utilizing the Service or any other services offered by us, you acknowledge that you have read and agree to be bound by these Terms of Service.