Terms and conditions
These terms and conditions (the "Agreement") describe the rules for the Customer's ordering, implementation and use of services provided by Chat Intel AI. By initiating the implementation phase and deploying the chatbot, the Customer agrees to be bound by the terms of this Agreement. The person accepting this Agreement does so on behalf of a company ("Customer") and is authorized to do so.
1. Delivery
1.1 Delivery description
Chat Intel AI provides a customer support chatbot implementation (the "Service"). The Service may include consulting services, chatbot configuration and reporting to assist Customer in using the Service. Customers will not receive or have access to the underlying administration of the chatbot, code or software.
1.2 Customer's subscription
Under the terms of this Agreement, Customer may purchase a subscription to and has the right to use the Service as specified in Customer's order(s). All subscriptions are for the period described in the applicable Order.
2. Financial terms
2.1 Subscription fee
Customers must pay for use of the Service as described in the applicable order. All subscription fees will be charged in the currency specified in the order or, if no currency is specified, in Danish Kroner. Payment obligations are non-cancelable and, except as expressly set forth in this Agreement, subscription fees are non-refundable. Chat Intel AI reserves the right to change its subscription fees or introduce new fees at its sole discretion. Customers have the option not to renew their subscription if they disagree with any revised prices.
The first seven (7) days are a trial period and are free of charge. Payment for the first period must be made no later than eight (8) days after the trial period.
The prices applicable at any given time are stated on chatintel.dk. Prices are exclusive of VAT.
2.2 Payment method
Payment is made on invoice which is sent based on the agreement entered into.
2.3 Lack of payment
If a customer fails to pay subscription fees when they are due, Chat Intel AI may suspend service until the overdue amounts are paid.
3. Termination and cessation
3.1 Term of the agreement and renewals
The subscription begins on the start date specified in the applicable order and continues throughout the subscription period, with the first seven (7) being non-binding and considered a trial period. Customers may choose not to renew their subscription period by notifying Chat Intel at info@chatintel.dk. This Agreement will become effective on the first day of the Subscription Term and will remain effective for the duration of the Subscription Term specified on the Order, including any renewals of the Subscription Term and any period during which Customer uses the Service, even if such use is not under a paid Order. If this Agreement is terminated by either party, it will automatically terminate all Orders. If Customer cancels or chooses not to renew its paid subscription to the Service, Customer's subscription will still be available for the remainder of the subscription period.
3.2 Termination
Either party may terminate this Agreement by written notice to the other party if the other party materially breaches this Agreement and such breach is not cured within thirty (30) days after receipt of such notice. The notice period is thirty (30) days prior to expiration of active subscription.
3.3 Deleting data
Within thirty (30) after the subscription has expired, all data will be deleted - the customer's user information, files and chat dialogs, unless an earlier deletion is requested in writing.
4. Software
4.1 Ownership
Chat Intel AI utilizes an underlying software owned by Chatbase.co Inc. which retains all right, title and interest (including all intellectual property rights) in and to all related and underlying technology and any updates, enhancements, modifications or corrections thereto, and all derivative works of or modifications to any of the foregoing.
4.2 Integration to third-party products
The Service may integrate with third-party products or applications that are not owned or controlled by Chat Intel AI. If the integration of the Service with a third-party service requires it, Customers are responsible for providing their login information to Chat Intel AI solely for the purpose of enabling it to provide its Service. Customers confirm that they have the authority to provide such information without violating any terms and conditions governing their use of the Third Party Services. Customers acknowledge that this Agreement does not cover the use of Third Party Services and that they may need to enter into separate agreements with the providers of those services. Chat Intel AI expressly disclaims all representations and warranties regarding Third Party Services. Customers should direct any warranty claims or other disputes directly to the providers of the Third Party Services. The use of third party services is at the customer's own risk. Chat Intel AI is not responsible for any problems arising from the use or inability to use Third Party Services.
4.3 Software changes
In order to improve the customer experience, Chat Intel AI reserves the right to make changes to the service. However, Chat Intel AI undertakes not to significantly reduce the core functionality provided to customers. In addition, Chat Intel AI may unilaterally change the terms of this Agreement provided that Customers are notified at least thirty (30) days before such changes take effect.
4.4 Operational stability
Chat Intel AI strives for the highest possible operational stability, but is not responsible for breakdowns or interruptions, including interruptions caused by factors beyond Chat Intel AI's control. This includes, but is not limited to, power failures, equipment failures, internet connections, telecommunications connections or similar. The application and service are provided "as is" and Chat Intel AI disclaims all warranties, guarantees, representations, claims or other terms, whether direct or indirect. In the event of any breakdown or disruption, Chat Intel AI will endeavor to restore normal operation as soon as possible.
5. Data
5.1 User information
Customers and their Users must provide information such as names, email addresses, usernames, IP addresses, browsers and operating systems to access the Service. Customers authorize Chat Intel AI and its subcontractors to store, process and retrieve User Information as part of the use of the Service. Customers warrant that they have the necessary rights to provide User Information to Chat Intel AI for processing as described in this Agreement. Customers are responsible for their User Information and any unauthorized use of their credentials.
5.2 Usage data
Chat Intel AI and its subcontractors collect data about the performance and operation of the Service when customers use the Service. Provided that usage data is aggregated and anonymized without disclosing personal information, Chat Intel AI is free to use this data.
5.3 Data protection
Chat Intel maintains high security practices to protect customer data, including user submissions and user information.
6. General terms and conditions
6.1 Limitation of liability
Notwithstanding any provision to the contrary, Chat Intel AI or subcontractors will not be liable for any indirect, special, incidental, consequential or punitive damages based on use or access, interruption, delay or inability to use the service, lost revenues or profits, loss of business or goodwill, data corruption or system failure, regardless of the legal theory. Further, total liability will not exceed the aggregate fees paid or payable by Customer for the Service during the twelve (12) months preceding the claim. these limitations shall apply whether or not Chat Intel AI has been advised of the possibility of such damages and whether or not Chat Intel AI has been advised of the possibility of such damages.
6.2 Advertising
With prior written consent from the customer, Chat Intel AI is allowed to use and display the customer's name and logo on Chat Intel AI website and in marketing material.
6.3 Force Majeure
Chat Intel AI shall not be liable for any failure or delay in performance of its obligations hereunder caused by events beyond its reasonable control, including but not limited to failures of third party hosting or utility providers, strikes, riots, fires, natural disasters, wars, terrorism or acts of government. These circumstances provide Chat Intel AI with a shield against unforeseen events that prevent it from fulfilling its service obligations.
6.4 Agreement changes
No amendment to this Agreement will be effective unless in writing and signed or acknowledged by authorized representatives of both parties. No delay or failure by either party to exercise any right under this Agreement will be considered a waiver of that right.
6.5 Handover
Neither party may assign or delegate its rights or obligations under this Agreement without the other party's prior written consent, except that Chat Intel may do so without consent in the event of a merger, acquisition, reorganization or sale of substantially all assets. Any unauthorized assignment will be void.
6.6 The overall agreement
This Agreement, including all documents and orders referenced herein, constitutes the entire agreement between Chat Intel and Customer and supersedes all prior dialogs, agreements and understandings of any kind. This ensures clarity and completeness of the mutual expectations and obligations of the parties involved.
Updated: 04-05-2024