Terms of Service

In short

AI Chat for Website reads your public website, answers your visitors from it with an AI model, and hands chats to your team. AI answers can be wrong. They are not professional advice, and you are responsible for your website's content and for what your team says in a chat.

You must tell your visitors about the chat, and about visit recording if you leave it on, in your own privacy notice. We give you the wording. The Service is free at present, provided as it is with no service level commitment, our liability is capped, and the agreement is governed by the law of British Columbia, Canada.

This summary is here to help you read the document. The numbered sections below are the document.

1. Who we are

AI Chat for Website is a product of Devsmooth Ltd., a company incorporated in British Columbia, Canada, with its registered office in Surrey, British Columbia ("Devsmooth", "we", "us"). It provides a chat widget for websites, an AI assistant that answers a website's visitors from that website's public content, hand-off of chats to the customer's team, and a portal at app.aichatforwebsite.com to run it all (together, the "Service").

2. The agreement

These Terms of Service (the "Terms") are a contract between Devsmooth and the business that opens the account ("you", the "Customer"). The person who accepts them confirms that they have authority to bind that business. People you invite to your team accept these Terms as users of your account. The Privacy Policy and the Data Processing Addendum form part of the Terms. We record the time of acceptance and the edition accepted. If you have signed another written agreement with us, that agreement governs where the two differ.

The Service is a business tool. It is not offered to consumers for personal or household use.

3. Your account and your team

Signing up creates an account for your business, with you as its owner. You are responsible for the people you invite, for the role you give each of them, for keeping sign-in details confidential, and for everything done under your account. An email address can belong to one team only. Tell us promptly at support@aichatforwebsite.com if you believe an account has been compromised.

4. Your website and your authority

You may add only websites that you own or are authorised to manage. By adding a website you instruct us to read its public pages with our crawler, at first and again periodically, and to answer its visitors from that text. The crawler identifies itself, reads public pages only, and obeys robots.txt. You are responsible for the content of your website and of the notes and instructions you add, including their accuracy and your right to use them. If your website is wrong, the assistant will be wrong in the same way.

5. AI answers

The assistant's answers are generated by an AI model. We build in checks: the assistant is limited to your website's content and topic, and an answer that fails our output check is withheld. Even so, AI answers may be inaccurate, incomplete or out of date. They are not legal, medical, financial or other professional advice, and they are not an offer or a commitment by you unless you choose to stand behind them. You are responsible for reviewing how the assistant performs on your website (the portal shows every conversation, the sources of each answer, and answers that were withheld), for correcting your content when it misleads, and for deciding whether the Service is suitable for your business and your sector. Do not use the Service where a wrong answer could cause injury, or for emergency communications.

6. Your team's replies

When a person on your team takes over a chat, what they write is yours. You are responsible for your team's replies, for following up the leads and missed chats we send you, and for any promise made to a visitor in a chat.

7. Your duties to your visitors

You are the controller of the information that the widget collects about your website's visitors, and we process it for you under the Data Processing Addendum. You must:

• disclose the chat in your own privacy notice: that your website has a chat provided by us as your service provider, that conversations and any contact details given are stored, and that answers are written by an AI model;
• disclose visit recording if you leave it switched on: that pages viewed, referrer, campaign tags, IP address, approximate country, browser and device details and time on site are recorded, and that an identifier is kept in the visitor's browser storage. Ready-to-paste wording for both modes is at Text for your own privacy notice;
• have a lawful basis for that processing and, where the law of your visitors' location requires consent before information is stored on or read from their device, obtain it, or switch visit recording off;
• answer your visitors' privacy requests. We will help, as the Addendum describes.

We honour the Global Privacy Control signal for your visitors whatever your setting, as the Privacy Policy describes. You may not try to defeat it.

8. Acceptable use

You must not:

• use the Service to break the law or to infringe anyone's rights;
• use the Service for unlawful tracking: recording visitors without the notice or consent the law requires, combining the Service's records with other data to identify or profile visitors who have not identified themselves, or placing the widget on a website you do not control;
• place the widget on websites directed at children, or use the Service to collect special categories of personal data, such as health information, or payment card numbers or passwords;
• use the Service to deceive visitors, including by presenting the assistant's answers as written by a person, or to send them unsolicited marketing;
• attempt to extract the assistant's prompts, turn it to purposes unrelated to your website, or use it to generate unlawful or harmful content;
• probe, overload or attempt to defeat the security of the Service, or interfere with anyone else's use of it;
• resell the Service or provide it to third parties as your own, except that an agency may manage the Service for its clients' websites.

9. Plans, limits and fair use

Each plan has limits: the number of visitor messages the assistant answers in a calendar month, the AI capacity one website may use in a day, the number of websites, the number of pages read per website, and the number of people on your team. Your current limits and usage are shown on the Usage page of the portal. When a limit is reached, the assistant stops answering until the limit resets. Visitors can still ask for a person, leave their details or request a call back. We warn the account's owners by email before and when that happens. We also apply technical limits, such as rate limits per visitor and per address, to keep the Service healthy for everyone, and we may adjust limits on reasonable notice.

The free plan costs nothing. Paid plans, their limits and their prices are published on our pricing page. A paid plan starts only when you ask for it, and is paid by invoice, by the month or by the year, in advance. Nothing becomes payable without your express agreement, and nothing is billed automatically for going over a limit. You can move to another plan or back to the free plan at any time by writing to us; a change takes effect from the next billing period. A first payment can be refunded in full if you ask within 30 days. We may change prices for future billing periods with at least 30 days' notice by email.

10. The "Powered by" line

On the Free and Starter plans the widget shows a "Powered by" line that links to our website. You may not hide, remove or alter it except with a plan setting that allows it.

11. Your data

The information that you, your team and your website's visitors submit to the Service, including conversations, visits, leads and the notes you add ("Customer Data"), belongs to you. You grant us the licence to host, process, transmit and display Customer Data, and to read and index your website, as needed to provide the Service, and for no other purpose. We do not use Customer Data to train AI models, and we do not sell it. Where Customer Data includes personal data, the Data Processing Addendum applies. The Service deletes conversations and visits on the schedule in the Privacy Policy; keep your own copy of anything you need for longer.

12. Our property

The Service, the widget, the portal, our website and everything in them, other than Customer Data, are owned by Devsmooth or its licensors. We grant you a limited, non-exclusive, non-transferable right to use them for your business while these Terms are in force, and to embed the widget on the websites in your account. You may not copy, modify or reverse engineer the Service except where the law permits it regardless of this clause. If you send us feedback, we may use it without obligation to you.

13. Availability and support

We run the Service carefully and want it up all the time, but we do not promise uninterrupted availability, and maintenance sometimes needs downtime. There is no service level agreement and there are no service credits on the free plan. Service level commitments exist only where a signed agreement contains them. The widget is built so that, if the Service is unavailable, your website carries on without a chat button. Support is by email at support@aichatforwebsite.com.

14. Beta features

Features marked as beta, preview or upcoming may change or be withdrawn, and are provided without any commitment until they are generally available.

15. Suspension

We may suspend some or all of the Service for an account or a website, with notice where practical, if we reasonably believe it is being used in breach of section 4, 7 or 8, if suspension is needed to protect the Service, your visitors or others, or if the law requires it. We lift a suspension once its cause is resolved.

16. Term, termination and your data afterwards

These Terms apply from sign-up until the account is closed. You can stop using the Service at any time by removing the widget from your website, and you can close your account by writing to support@aichatforwebsite.com from the owner's address. We may terminate for a material breach that is not cured within 14 days of notice, immediately for a serious breach of section 8, or with 30 days' notice if we discontinue the Service or the free plan.

For 30 days after closure we will, on request, provide an export of your Customer Data. After that we delete it from the live systems. Records we need for legal, accounting or security purposes may be kept for as long as those purposes require.

17. Warranty disclaimer

The Service is provided "as is" and "as available". To the maximum extent the law allows, we disclaim all warranties, conditions and representations, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing. We do not warrant that the Service will be error-free or uninterrupted, that the assistant's answers will be accurate, or that the Service will produce any number of leads or sales.

18. Limitation of liability

To the maximum extent the law allows: neither party is liable to the other for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, even if advised of the possibility; and our total liability for all claims arising out of or relating to the Service or these Terms is capped at the greater of the amounts you paid us in the 12 months before the event giving rise to the claim and CAD $100.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including for fraud, or for death or personal injury caused by negligence.

19. Indemnity

You will defend and indemnify Devsmooth against third-party claims, and the resulting costs and damages, arising from your website's content, your team's replies, your breach of section 4, 7 or 8, or your use of the Service in violation of law, provided we notify you promptly and let you control the defence.

20. Changes to these Terms

We may update these Terms as the Service evolves. For material changes we will give at least 30 days' notice by email or in the portal before they take effect. Continuing to use the Service after the effective date is acceptance; if you do not accept, close the account before that date.

21. Governing law and disputes

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable there, without regard to conflict of laws rules. The courts of British Columbia have exclusive jurisdiction over disputes arising out of or relating to these Terms, and each party submits to them. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22. General

These Terms, with the documents they incorporate, are the entire agreement about the Service and supersede prior discussions. If a clause is found unenforceable, the rest stands. A failure to enforce a clause is not a waiver of it. You may not assign these Terms without our written consent; we may assign them to an affiliate or in a merger or sale of the business. Neither party is liable for delay caused by events beyond its reasonable control. Notices to us go to legal@aichatforwebsite.com; notices to you go to the email addresses of your account's owners.

23. Contact

Devsmooth Ltd., Surrey, British Columbia, Canada. Legal: legal@aichatforwebsite.com. Privacy: privacy@aichatforwebsite.com. Support: support@aichatforwebsite.com.