1. Acceptance of Terms
By accessing, registering for, or using the services provided by HeyAIBot ("Company", "we", "our", or "us") through our website at https://www.heyaibot.com (the "Platform"), you ("User", "Customer", or "you") agree to be legally bound by these Terms and Conditions ("Terms"). If you do not agree to all of these Terms, you must not access or use the Platform.
These Terms constitute a legally binding agreement between you and HeyAIBot. If you are entering into these Terms on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
2. Description of Service
HeyAIBot provides a cloud-based, software-as-a-service ("SaaS") chatbot platform (the "Service") designed to enable businesses to embed AI-powered conversational agents into their web applications. The Service includes, but is not limited to:
- A web-based administrative dashboard for bot configuration and management
- Programmatic API access for integration into third-party web applications
- Pre-built conversation flow templates and a visual flow builder
- Analytics and reporting tools for conversation performance monitoring
- Multi-channel deployment support (web widget, REST API)
- Developer documentation, SDKs, and technical support resources
We reserve the right to modify, update, or discontinue any aspect of the Service at any time. We will make reasonable efforts to notify you of material changes in advance.
3. User Accounts and Eligibility
3.1 Eligibility
You must be at least 18 years of age and capable of forming a legally binding contract to use the Service. By registering, you confirm that you meet these requirements. The Service is not intended for use by minors.
3.2 Account Registration
To access the Service, you must create an account by providing accurate, current, and complete information. You agree to:
- Provide truthful and complete registration information
- Keep your account information up to date at all times
- Maintain the confidentiality of your login credentials
- Accept responsibility for all activities that occur under your account
- Immediately notify HeyAIBot of any unauthorized access or security breach
3.3 Account Security
You are solely responsible for safeguarding your account password. HeyAIBot will not be liable for any loss or damage arising from your failure to secure your credentials. We recommend enabling two-factor authentication where available.
3.4 One Account Per User
Each registered user may maintain only one active account unless otherwise agreed in writing. Creating multiple accounts to circumvent usage limits, trial periods, or bans is strictly prohibited.
4. Acceptable Use Policy
You agree to use the Service in compliance with all applicable laws and regulations. You must not use the Service to:
4.1 Prohibited Activities
- Transmit, generate, or facilitate unsolicited bulk communications (spam)
- Create bots that impersonate real individuals or entities for fraudulent or deceptive purposes without clear and prominent disclosure
- Collect, process, or store Protected Health Information (PHI), payment card data (PCI DSS-regulated), government-issued ID numbers, or similar highly sensitive personal data unless covered by a separate executed Data Processing Agreement (DPA)
- Distribute malware, viruses, ransomware, spyware, or any other harmful or malicious code
- Attempt to gain unauthorized access to any part of the Service, its infrastructure, or connected systems
- Scrape, crawl, or systematically extract data from the Platform without express written consent
- Circvent, disable, or interfere with security features, rate limits, or access controls
- Use the Service to harass, threaten, abuse, or harm any individual or group
- Violate any intellectual property rights of HeyAIBot or any third party
- Engage in any activity that, in HeyAIBot's sole discretion, is harmful to the Service, its users, or the Company's reputation
4.2 Content Standards
All content you deploy through the Service, including chatbot scripts, automated messages, and media, must comply with applicable laws and must not be defamatory, obscene, discriminatory, or otherwise objectionable. You are solely responsible for the content your bots produce and distribute.
5. Subscription Plans, Billing, and Payments
5.1 Subscription Tiers
The Service is offered under various subscription tiers as detailed on our Pricing page at https://www.heyaibot.com/pricing. Features, usage limits, and pricing vary by tier. HeyAIBot reserves the right to modify pricing with at least 30 days' written notice to existing subscribers.
5.2 Billing
Subscriptions are billed on a recurring basis (monthly or annually) as selected at checkout. By providing payment details, you authorize HeyAIBot (or its payment processor) to automatically charge your designated payment method at the start of each billing period.
5.3 Taxes
All fees are exclusive of applicable taxes (including GST, VAT, or sales tax). You are responsible for all taxes associated with your use of the Service, except for taxes based on HeyAIBot's net income.
5.4 Failed Payments
If a payment fails, we will attempt to retry the charge and notify you via email. Access to the Service may be suspended if payment is not received within 7 days of the failed attempt. Persistent non-payment may result in account termination.
5.5 Free Trials
If you access the Service through a free trial, your trial period and available features will be as described at signup. At the end of the trial period, continued use requires a paid subscription. We reserve the right to modify or cancel free trial offers at any time.
6. Intellectual Property
6.1 Our Rights
HeyAIBot retains all right, title, and interest in and to the Service, including all underlying software, source code, algorithms, machine learning models, user interface designs, trademarks, trade secrets, and documentation. Nothing in these Terms grants you any ownership rights in the Service.
6.2 Your Data (Customer Data)
You retain all rights to the data, content, conversation scripts, templates, and configurations you submit to the Service ("Customer Data"). You grant HeyAIBot a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely to the extent necessary to provide and improve the Service.
6.3 Feedback
If you submit feedback, suggestions, or ideas about the Service, you grant HeyAIBot a perpetual, irrevocable, royalty-free license to use and incorporate such feedback into the Service without obligation to you.
6.4 Third-Party Components
The Service may incorporate open-source software or third-party components. Such components are governed by their respective licenses, which are available upon request.
7. Data Privacy and Security
Your use of the Service is also governed by our Privacy Policy, available at https://www.heyaibot.com/privacy, which is incorporated into these Terms by reference. By using the Service, you agree to the collection and use of information as described therein.
For customers processing personal data on behalf of their end-users, a Data Processing Agreement (DPA) is available upon request and may be required by applicable data protection regulations (e.g., GDPR, CCPA).
8. Service Level Agreement (SLA) and Uptime
HeyAIBot targets a monthly uptime of 99.5% for the Service (excluding scheduled maintenance and events outside our reasonable control). Scheduled maintenance will be communicated at least 48 hours in advance. In the event of extended outages that breach the SLA, remedies may be available as outlined in our SLA documentation and Refund Policy.
9. Confidentiality
Each party agrees to maintain the confidentiality of the other party's non-public information disclosed in connection with the Service ("Confidential Information"), using at least the same degree of care used to protect its own confidential information (and no less than reasonable care). Confidential Information does not include information that is publicly known, already known to the recipient, independently developed, or required to be disclosed by law.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, HEYAIBOT EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:
- Implied warranties of merchantability or fitness for a particular purpose
- Warranties of uninterrupted, error-free, or secure service
- Warranties regarding the accuracy, reliability, or completeness of any content or results
- Warranties that defects will be corrected
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HEYAIBOT, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:
- Indirect, incidental, special, consequential, exemplary, or punitive damages
- Loss of profits, revenue, data, business opportunities, or goodwill
- Damages arising from unauthorized access to or alteration of your data
- Damages resulting from third-party conduct or content
IN NO EVENT SHALL HEYAIBOT'S AGGREGATE LIABILITY TO YOU EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).
Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless HeyAIBot and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to: (a) your use of the Service; (b) your violation of these Terms; (c) your Customer Data; or (d) your infringement of any third-party rights.
13. Termination
13.1 Termination by You
You may cancel your subscription and terminate your account at any time via the account dashboard. Cancellation takes effect at the end of the current billing period. See our Refund Policy for details on refund eligibility.
13.2 Termination by Us
We reserve the right to suspend or permanently terminate your account at any time, with or without cause, including for:
- Violation of these Terms or our Acceptable Use Policy
- Non-payment of fees
- Activity that poses a security risk or harms other users
- Requests by law enforcement or government authorities
13.3 Effect of Termination
Upon termination, your right to access the Service immediately ceases. HeyAIBot may, but is not obligated to, retain Customer Data for a limited period following termination to allow for data export. After this period, Customer Data will be permanently deleted.
14. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction/State], without regard to conflict of law principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be submitted to binding arbitration under the rules of [Arbitration Body], conducted in [City, Country], unless prohibited by applicable law.
Notwithstanding the above, either party may seek injunctive or other equitable relief in a court of competent jurisdiction.
15. Changes to These Terms
We reserve the right to update or modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Platform at least 14 days before they take effect. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
16. General Provisions
- Entire Agreement: These Terms, together with the Privacy Policy, Refund Policy, and any applicable DPA or Order Form, constitute the entire agreement between you and HeyAIBot regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions will remain in full force.
- Waiver: Failure to enforce any provision shall not constitute a waiver of that provision.
- Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
- Force Majeure: Neither party will be liable for delays or failures caused by circumstances beyond its reasonable control.
- Notices: Legal notices to HeyAIBot should be sent to contact@heyaibot.com.
17. Contact Information
For questions about these Terms, please contact us:
- Email: contact@heyaibot.com
- Phone: +1 612 298 5011 (available Monday – Friday, 10:00 AM – 05:00 PM, EST)
By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.