01Introduction
Chatcot is operated by an Australian sole trader trading as Chatcot. In these Terms, "Chatcot", "we", "us", and "our" refer to the operator of the Chatcot service. Chatcot does not publish the sole trader's personal legal name, ABN, or physical address in these Terms. The official public contact for support, legal, privacy, security, and compliance communications is chatcotsupport@gmail.com.
These Terms apply to all users of Chatcot, including website visitors, account holders, customers, administrators, developers, customer employees, invited workspace users, and any person or entity that accesses or uses the Services.
If you use Chatcot on behalf of a company, organisation, sole trader business, partnership, association, trust, government body, or other entity, you represent and warrant that you have authority to bind that entity. In that case, "Customer", "you", and "your" include that entity.
02Definitions
In these Terms:
03Eligibility & Authority
You may use the Services only if you are legally capable of entering into a binding contract and are permitted to do so under applicable law.
You represent and warrant that:
- You are at least 18 years old;
- You have full power and authority to enter into these Terms;
- If using Chatcot on behalf of an entity, you are authorised to bind that entity;
- Your use of the Services will comply with these Terms and all applicable laws;
- You will not deploy Chatcot in a context likely to be accessed by under-18s unless expressly approved by Chatcot in writing;
- You will not use Chatcot for unlawful, deceptive, harmful, regulated, or High-Risk Use Cases unless expressly approved by Chatcot in writing;
- You will not submit, upload, transmit, or cause Chatcot to process prohibited, unlawful, or unauthorised content.
04Description of the Services
Chatcot provides a SaaS platform that allows Customers to build, configure, train, and deploy AI-powered chatbots on websites using a small copy-and-paste code snippet or other integration method.
As of the Last updated date of these Terms, Chatcot's current operational position is as follows:
- Chatcot uses Gemini API through Google AI Studio / Gemini APIs;
- Chatcot pays for Gemini API requests on a usage basis;
- Chatcot does not represent or warrant that Customer Content, End-User Chat Data, chatbot transcripts, uploaded files, prompts, AI Output, account data, or stored data is encrypted by Chatcot, and Chatcot does not claim to provide end-to-end encryption;
- Chatcot does not use first-party analytics cookies for its own analytics;
- Chatcot does not currently provide live human hand-off or CRM integration functionality;
- If a Customer deletes an agent, Chatcot deletes the data provided to that agent from active Chatcot-controlled systems;
- Chatcot does not intentionally maintain separate backup copies of deleted agent data.
These operational facts may change only if reflected in updated product notices, these Terms, or other applicable terms.
Service Features
The Services may include:
- Account creation and login;
- Chatbot creation and configuration;
- Website widget deployment;
- Knowledge base ingestion from files, pasted text, URLs, or other Customer Content;
- Retrieval-augmented generation or similar AI response workflows;
- AI response generation using Google AI Studio / Gemini APIs or related AI Provider services;
- Customer dashboard features;
- Analytics and usage reporting;
- Human hand-off functionality where configured;
- Transcript storage where configured;
- Authentication through Clerk;
- Payment processing through Stripe;
- Hosting, infrastructure, deployment, and logging through Vercel;
- Support communications;
- Other features released, modified, or discontinued by Chatcot from time to time.
Chatcot may update, modify, improve, limit, suspend, replace, or discontinue any part of the Services at any time, subject to any non-excludable rights you may have under applicable law and any express written commitments in an Order Form.
05Account Registration & Security
To use certain Services, you must create an Account. You agree to provide accurate, current, and complete information and to keep that information updated.
You are responsible for:
- Maintaining the confidentiality of your login credentials;
- All activity under your Account;
- Ensuring your administrators and users comply with these Terms;
- Promptly revoking access for users who no longer require access;
- Using strong passwords and multi-factor authentication where available;
- Protecting API keys, access tokens, embed keys, secrets, and credentials;
- Ensuring that keys and credentials are not exposed in client-side code, public repositories, browser-accessible environments, logs, shared documents, or insecure locations;
- Promptly notifying Chatcot of suspected unauthorised access, credential compromise, or security incidents.
Chatcot may suspend or restrict access if we reasonably believe that an Account, key, integration, deployment, or Customer Website is compromised, insecure, abusive, unlawful, or creating risk to Chatcot, users, AI Providers, Subprocessors, or third parties.
06Customer Responsibilities
Customer is solely responsible for:
- Customer Websites;
- Customer Content;
- Chatbot configuration;
- Prompts, system instructions, and knowledge base content;
- End-User notices;
- Privacy policies;
- Cookie banners;
- Consent mechanisms;
- Compliance with Data Protection Laws;
- Compliance with industry-specific laws;
- End-User support and complaints;
- Lawfulness of all information submitted to Chatcot;
- All decisions made using or based on AI Output;
- Testing and monitoring Chatbots before and after deployment;
- Ensuring AI Output is not treated as professional advice;
- Preventing use by under-18s where prohibited;
- Preventing Sensitive Information from being submitted unless authorised;
- Preventing High-Risk Use Cases unless approved in writing;
- Ensuring all Customer users comply with these Terms;
- Ensuring Customer has all required permissions, licences, consents, rights, and legal bases for Customer Content and End-User Chat Data.
Chatbot Notice Requirement
Customer must display a clear and accessible notice at or before the point where an End User interacts with a Chatbot. That notice should state, at minimum, that:
- The End User is interacting with an AI assistant;
- The Chatbot is powered by Chatcot;
- Messages may be processed to provide a response;
- Messages may be stored, analysed, reviewed, or escalated if enabled;
- AI Output may be inaccurate;
- End Users should not submit Sensitive Information unless necessary;
- The Customer's privacy policy applies to the Customer Website.
Customer must not conceal the use of AI, misrepresent the nature of the Chatbot, or imply that AI Output is human-generated unless clearly disclosed and legally permitted.
07AI-Specific Terms
7.1 Use of Google AI Studio and Gemini APIs
Chatcot uses Gemini API through Google AI Studio / Gemini APIs to provide AI-powered functionality. Chatcot pays for Gemini API requests on a usage basis. By using Chatcot, Customer acknowledges that Customer Content, End-User Chat Data, prompts, system instructions, files, context, and AI Output may be transmitted to and processed by Google or related AI Provider services as necessary to provide the Services.
Because Google's terms, billing classifications, API configurations, and data-handling rules may change or may depend on the relevant Google Cloud project, billing account, region, quota type, and account configuration, Chatcot does not promise any Google-side data treatment beyond what is actually provided under the applicable Google terms and Chatcot's then-current configuration.
Customer must not use Chatcot in any manner that would cause Chatcot, Customer, any End User, or any API Client to violate Google AI Studio, Gemini API, or AI Provider terms.
7.2 Age Restrictions from AI Provider Terms
Customer must not deploy Chatcot on any website, application, service, or digital property that is directed toward, intended for, marketed to, or likely to be accessed by individuals under 18 years of age unless Chatcot has expressly approved that deployment in writing and the applicable AI Provider route permits that use.
7.3 Paid and Unpaid AI Service Handling
Customer acknowledges that Google AI Studio and Gemini API may treat data differently depending on whether the relevant usage is free, unpaid quota, paid quota, associated with an active Cloud Billing account, or otherwise classified by Google. Chatcot currently pays usage-based Gemini API charges for production API requests.
Chatcot intends to use production AI configurations that reduce unnecessary provider use of Customer Content and End-User Chat Data and avoid provider training on prompts and responses where available and applicable. However, Customer acknowledges that AI Provider data handling may depend on Chatcot's billing status, Google project configuration, applicable AI Provider terms, AI Provider abuse-monitoring systems, safety systems, legal obligations, and technical factors.
7.4 No Training by Default
Unless Customer expressly opts in through a separate written or in-product mechanism, Chatcot will not intentionally use identifiable Customer Content or End-User Chat Data to train general-purpose AI models operated by Chatcot.
Unless Customer expressly opts in and the arrangement is lawful, Chatcot will not intentionally configure production use so that Customer Content or End-User Chat Data is used by an AI Provider to train or improve general-purpose AI models.
This clause does not prevent Chatcot from using aggregated, anonymised, de-identified, statistical, diagnostic, security, or operational data for service improvement, analytics, reliability, abuse prevention, or business reporting, provided such use is permitted by law and contract.
7.5 AI Provider Logging and Abuse Monitoring
Customer acknowledges that AI Providers may use safety, security, abuse-monitoring, reliability, rate-limiting, and legal-compliance systems that may process prompts, responses, metadata, or related information for limited periods.
7.6 AI Output Limitations
AI Output Disclaimer
AI Output may be inaccurate, incomplete, misleading, biased, unsafe, outdated, offensive, unsuitable, or otherwise problematic.
Customer is solely responsible for:
- Reviewing AI Output;
- Testing Chatbots before deployment;
- Monitoring Chatbot performance;
- Correcting inaccurate responses;
- Disabling unsafe or unsuitable configurations;
- Deciding whether human review is required;
- Ensuring AI Output is not used as the sole basis for decisions affecting individuals;
- Ensuring AI Output is not represented as professional advice;
- Ensuring AI Output complies with applicable law and Customer policies.
Chatcot does not warrant that AI Output will be accurate, complete, current, lawful, non-infringing, suitable, secure, unbiased, or appropriate for any particular purpose.
7.7 No Professional Advice
The Services and AI Output do not constitute legal, medical, mental health, tax, accounting, financial, investment, insurance, emergency, safety, government, employment, immigration, or other professional advice.
Customer must not use Chatcot to provide regulated advice or professional services unless Chatcot has expressly approved that use in writing and Customer has implemented all legally required safeguards, licences, disclaimers, human review, and compliance controls.
7.8 No High-Impact Automated Decisions
Customer must not use Chatcot to make, assist with, rank, score, recommend, or automate decisions that produce legal, financial, employment, housing, educational, medical, insurance, credit, government-benefit, safety, or similarly significant effects on individuals unless Chatcot has expressly approved the use in writing.
7.9 AI Transparency
Customer must clearly disclose to End Users that they are interacting with AI unless this is obvious from context and applicable law does not require further disclosure.
Customer must not mislead End Users into believing they are communicating with a human where the interaction is materially AI-generated or AI-assisted.
7.10 Human Review
Chatcot may permit or require human review for support, security, abuse investigation, compliance, debugging, quality assurance, or human hand-off where necessary and lawful.
Customer is responsible for informing End Users if human review, transcript review, or support escalation is enabled or required.
08Prohibited Uses
Customer must not, and must not permit any person to, use the Services to:
- Violate any law, regulation, court order, or third-party right;
- Violate AI Provider terms or acceptable use policies;
- Target, serve, or collect information from individuals under 18 where prohibited;
- Deploy Chatcot on child-directed services without written approval;
- Collect children's information without all required consents and approvals;
- Collect or process Sensitive Information unless authorised and approved where required;
- Provide professional advice without required licences and safeguards;
- Make High-Risk or legally significant decisions;
- Perform unlawful surveillance, tracking, profiling, or monitoring;
- Intercept, record, or analyse communications without required consent;
- Scrape, harvest, or collect personal information unlawfully;
- Upload content Customer does not have rights to use;
- Upload malware, malicious code, or harmful files;
- Reverse engineer, decompile, or attempt to extract source code or model weights;
- Bypass safety systems, moderation systems, rate limits, billing limits, or usage controls;
- Misuse API keys or credentials;
- Attack, overload, probe, scan, or disrupt the Services;
- Send spam, phishing, scams, fraud, or deceptive communications;
- Impersonate others or misrepresent affiliations;
- Generate unlawful, defamatory, harassing, hateful, discriminatory, violent, sexually exploitative, abusive, or harmful content;
- Infringe intellectual property or privacy rights;
- Create or deploy bots that deceive users about their purpose;
- Use Chatcot for biometric identification or emotion recognition without written approval;
- Use Chatcot for health, mental health, emergency, legal, financial, insurance, credit, employment, education, housing, or government use cases without written approval;
- Resell, sublicense, or make the Services available as a competing product unless expressly authorised;
- Use the Services to train competing models or services without written permission;
- Remove notices, disclaimers, or attribution required by Chatcot;
- Use Chatcot in any way that creates security, legal, reputational, operational, or financial risk to Chatcot or its users.
Chatcot may suspend or terminate access immediately if it reasonably believes Customer has violated this section.
09Sensitive Information
Customer must not submit, upload, request, collect, or cause Chatcot to process Sensitive Information unless:
- Customer has a lawful basis and all required consents;
- Customer's privacy notice clearly discloses the processing;
- The processing is necessary for Customer's use case;
- Chatcot has expressly approved the use in writing where required;
- All required security, retention, deletion, and access controls are in place;
- All applicable laws and industry rules are complied with.
Chatcot may delete, restrict, quarantine, or refuse to process Sensitive Information that appears to be unauthorised, unnecessary, unlawful, or inconsistent with these Terms.
Customer is solely responsible for claims, fines, complaints, investigations, and losses arising from Customer's submission, collection, or processing of Sensitive Information through Chatcot.
10Children & Under-18 Users
Chatcot is intended for business use by adults.
Customer must not deploy Chatcot on websites, applications, or services directed toward, intended for, marketed to, or likely to be accessed by individuals under 18 unless Chatcot has expressly approved the deployment in writing and the relevant AI Provider terms permit that use.
Customer must not knowingly collect Personal Information from children through Chatcot unless Customer has implemented all required parental consent, notices, age-gating, verification, privacy, security, deletion, and compliance procedures and Chatcot has approved the use in writing.
If Chatcot reasonably believes a deployment violates this section, Chatcot may suspend the deployment, disable the widget, delete affected data, require Customer to provide evidence of compliance, or terminate the Account.
11Customer Content
Customer retains ownership of Customer Content, subject to the rights granted in these Terms.
Customer grants Chatcot a worldwide, non-exclusive, royalty-free, sublicensable, transferable licence to host, store, copy, transmit, process, display, modify, format, index, embed, retrieve, analyse, and otherwise use Customer Content as necessary to:
- Provide the Services;
- Generate AI Output;
- Operate Chatbots;
- Provide support;
- Secure the Services;
- Prevent abuse;
- Comply with law;
- Enforce these Terms;
- Maintain backups;
- Integrate with Customer-selected tools;
- Perform other functions described in these Terms or agreed with Customer.
Customer represents and warrants that:
- Customer has all rights, licences, permissions, consents, and legal bases required to provide Customer Content to Chatcot;
- Customer Content does not infringe third-party rights;
- Customer Content does not violate law;
- Customer Content does not contain prohibited Sensitive Information unless authorised;
- Customer Content is accurate enough for Customer's intended chatbot use;
- Customer has not uploaded content obtained through unlawful scraping, surveillance, breach of confidence, or misuse of third-party data;
- Customer will maintain appropriate records showing its right to use Customer Content.
Chatcot may remove, disable, restrict, or refuse Customer Content that appears unlawful, unsafe, infringing, abusive, or inconsistent with these Terms.
12AI Output Ownership & Use
Subject to these Terms, Customer may use AI Output generated through Customer's lawful use of the Services for Customer's internal business purposes and for responding to End Users on Customer Websites.
Customer acknowledges that:
- AI Output may not be unique;
- Similar or identical output may be generated for others;
- AI Output may contain errors;
- AI Output may require human review;
- Chatcot does not guarantee ownership, registrability, non-infringement, or exclusivity of AI Output;
- Customer is responsible for evaluating whether AI Output may be used lawfully;
- Customer is responsible for any publication, reliance, or downstream use of AI Output.
Customer must not represent AI Output as verified fact, professional advice, human-generated content, or guaranteed accurate unless Customer has independently verified it and such representation is lawful.
13Privacy & Data Protection
13.1 Privacy Policy Incorporated
Chatcot's Privacy Policy forms part of these Terms. By using the Services, Customer acknowledges Chatcot's collection, use, storage, disclosure, and processing of information as described in the Privacy Policy.
13.2 Dual Role
Chatcot generally acts as controller or equivalent responsible party for Personal Information processed for its own purposes, including website operation, account administration, billing, support, security, analytics, fraud prevention, legal compliance, and business operations.
For End-User Chat Data processed through a Customer Website, Customer generally acts as controller, business, or equivalent responsible party, and Chatcot generally acts as processor, service provider, or equivalent vendor.
13.3 Customer Legal Basis
Customer is solely responsible for identifying, documenting, and maintaining a valid legal basis for collecting and processing End-User Chat Data and Customer Content.
Customer must provide all required notices and obtain all required consents before deploying Chatcot.
13.4 Data Processing Addendum
Where Data Protection Laws require a written data processing agreement, the parties agree that the Chatcot Data Processing Addendum applies to Chatcot's processing of Customer Personal Data on Customer's behalf.
If no separate DPA has been signed, the data protection terms in these Terms apply to the extent necessary to satisfy applicable processor/service provider obligations.
13.5 Subprocessors
Customer authorises Chatcot to use Subprocessors to provide the Services. Subprocessors may include Clerk, Stripe, Vercel, Google, Google AI Studio, Gemini APIs, Google Cloud, hosting providers, authentication providers, payment providers, analytics providers, support providers, email providers, security providers, and other service providers.
Chatcot will use commercially reasonable efforts to ensure Subprocessors are subject to appropriate contractual, security, confidentiality, and data protection obligations.
13.6 Overseas Disclosures & International Transfers
Customer acknowledges that Personal Information may be processed in Australia, the United States, the European Union, the United Kingdom, and other countries where Chatcot or its Subprocessors operate.
Where required, the parties will use appropriate safeguards such as data processing agreements, standard contractual clauses, UK transfer addenda, transfer risk assessments, Data Privacy Framework participation, contractual controls, and other lawful transfer mechanisms.
13.7 Rights Requests
If Chatcot receives a request from an End User relating to Personal Information for which Customer is responsible, Chatcot may direct the request to Customer or assist Customer as required by applicable law and contract.
Customer is responsible for responding to End-User requests where Customer is the controller or responsible party.
13.8 Deletion and Retention
Customer is responsible for configuring appropriate retention settings where available.
Chatcot may retain data as necessary to provide the Services, comply with law, maintain security, prevent fraud, resolve disputes, enforce agreements, maintain backups, and comply with legitimate business record requirements.
Deletion from active systems may not immediately delete backup, log, cache, archive, provider-side, or legal-hold copies.
13.9 No Sale of Personal Information
Chatcot does not sell Personal Information as that term is commonly understood. If applicable law defines "sale", "sharing", or "targeted advertising" more broadly, Chatcot will provide required notices and opt-out mechanisms where required.
14Cookies, Tracking, Recordings & Electronic Communications
Chatcot does not currently use first-party analytics cookies for its own analytics on Chatcot-controlled services. However, strictly necessary cookies, authentication cookies, security cookies, session technologies, local storage, or similar technologies may be used by Chatcot or service providers such as Clerk where needed for login, authentication, fraud prevention, security, account management, or core functionality.
Customer is responsible for all cookie, tracking, recording, analytics, electronic communications, wiretap, marketing, and consent obligations on Customer Websites.
If Customer deploys Chatcot on a Customer Website, Customer must clearly disclose:
- The use of Chatcot;
- The use of AI;
- Whether conversations are recorded or stored;
- Whether transcripts are reviewed by humans;
- Whether analytics or tracking technologies are used;
- Whether information is shared with Chatcot, AI Providers, Subprocessors, or support tools;
- Whether chats may be escalated to human agents;
- How End Users can exercise privacy rights.
Customer must obtain all consents required for:
- Non-essential cookies;
- Analytics cookies;
- Advertising pixels;
- Tracking technologies;
- Session replay;
- Chat recording;
- Communications monitoring;
- Electronic communications interception;
- Marketing communications;
- AI processing;
- Cross-border processing;
- Sensitive Information processing.
Customer must not combine Chatcot with third-party trackers, advertising pixels, analytics tools, session replay tools, or marketing tools in a manner that violates privacy, wiretap, electronic communications, consumer protection, or data protection laws.
15Payments, Subscriptions & Billing
Paid Services require payment of Fees. Fees may be charged monthly, annually, by usage, by workspace, by seat, by message, by AI usage, by AI request, by overage, or as otherwise stated on the applicable pricing page or Order Form.
Chatcot's own AI-provider costs may be usage-based and may vary depending on model, request type, token usage, provider pricing, region, cache use, files, multimodal input, and other technical factors. Any public estimate of per-request cost is indicative only and is not a fixed price promise unless expressly stated in an Order Form.
Payments are processed through Stripe or another payment provider. By providing payment information, Customer authorises Chatcot and its payment processor to charge all applicable Fees, taxes, renewals, overages, and other amounts.
Unless otherwise stated:
- Fees are due in advance;
- Subscriptions renew automatically;
- Usage fees and overages may be charged after usage occurs;
- Fees are non-refundable except where required by law or expressly agreed in writing;
- Customer is responsible for taxes, duties, levies, and similar charges;
- Chatcot may suspend access for failed payments;
- Chatcot may change pricing on notice for future billing periods;
- Promotional pricing may be withdrawn or changed;
- Free trials may be limited, modified, or discontinued.
Customer is responsible for all charges incurred through Customer's Account, including charges caused by misconfiguration, excessive usage, compromised credentials, exposed keys, automated traffic, abusive End Users, or unauthorised Account access unless caused solely by Chatcot's breach of these Terms.
16Usage Limits, Rate Limits & Overages
Chatcot may impose usage limits, rate limits, message limits, file limits, storage limits, API limits, AI token limits, fair use limits, or other technical constraints.
If Customer exceeds applicable limits, Chatcot may:
- Charge overage fees;
- Throttle usage;
- Suspend usage;
- Require plan upgrade;
- Block abusive traffic;
- Disable a Chatbot;
- Restrict AI generation;
- Take other reasonable protective measures.
AI Provider limits, rate limits, model availability, pricing, safety filters, and functionality may change at any time.
Chatcot is not liable for unavailability, delay, degradation, or increased costs caused by AI Provider limits, outages, throttling, policy changes, model changes, region restrictions, or safety filters.
17Taxes
Fees are exclusive of taxes unless expressly stated otherwise.
Customer is responsible for all GST, VAT, sales tax, use tax, withholding tax, duties, levies, and similar taxes arising from Customer's use of the Services, except taxes based on Chatcot's net income.
If Chatcot is required to collect or remit taxes, Customer must pay those amounts unless Customer provides a valid exemption certificate.
18Service Availability & Support
Chatcot will use commercially reasonable efforts to provide the Services, but does not guarantee uninterrupted, error-free, secure, or continuous operation.
As of the Last updated date of these Terms, Chatcot does not currently provide live human hand-off or CRM integration as a live feature. If those features are introduced later, they may be subject to additional notices, permissions, privacy disclosures, integration terms, and configuration requirements.
The Services may be unavailable due to:
- Maintenance;
- Upgrades;
- Emergency repairs;
- Cyberattacks;
- Third-party provider outages;
- AI Provider outages;
- Vercel, Clerk, Stripe, Google, or other Subprocessor issues;
- Internet failures;
- Force majeure events;
- Rate limits;
- Legal or regulatory restrictions;
- Suspension for risk or breach.
Unless a separate written SLA applies, Chatcot provides no uptime commitment, service credit, or availability guarantee.
Support is provided on a commercially reasonable basis through the channels made available by Chatcot.
19Beta, Trial, Experimental & Preview Features
Chatcot may offer beta, trial, experimental, preview, early access, or evaluation features.
Such features are provided as-is, may be incomplete, may change, may be withdrawn, may contain errors, and may be subject to additional terms.
Customer must not use beta or experimental features for production, High-Risk, regulated, sensitive, or mission-critical use unless Chatcot expressly authorises that use in writing.
20Third-Party Services
The Services rely on third-party services, including Clerk, Stripe, Vercel, Google, Google AI Studio, Gemini APIs, Google Cloud, analytics tools, email tools, support tools, and other providers.
Customer acknowledges that:
- Third-party services are not controlled by Chatcot;
- Third-party terms may apply;
- Third-party services may change or discontinue functionality;
- Outages or changes may affect Chatcot;
- Third-party providers may process data in accordance with their own terms;
- Chatcot is not liable for third-party services except to the extent required by law.
Customer is responsible for Customer-selected integrations and for ensuring those integrations are lawful, secure, and properly configured.
21Intellectual Property
Chatcot and its licensors retain all rights, title, and interest in and to the Services, Platform, software, code, APIs, designs, workflows, templates, documentation, brand assets, models, processes, inventions, know-how, analytics, and other intellectual property.
Except for the limited access rights expressly granted in these Terms, no rights are transferred to Customer.
Customer must not:
- Copy, modify, or create derivative works of the Services;
- Reverse engineer or decompile the Services;
- Remove proprietary notices;
- Use Chatcot marks without permission;
- Build a competing product using the Services;
- Scrape or extract substantial parts of the Services;
- Interfere with Chatcot's ownership or licensing rights.
Customer retains ownership of Customer Content, subject to the licences granted in these Terms.
22Feedback
If Customer provides suggestions, comments, ideas, bug reports, improvements, or feedback, Customer grants Chatcot a worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable licence to use, reproduce, modify, distribute, commercialise, and otherwise exploit that feedback without restriction or obligation.
Chatcot has no obligation to treat feedback as confidential unless agreed in writing.
23Confidentiality
Each party may receive Confidential Information from the other. The receiving party must:
- Use Confidential Information only for purposes of these Terms;
- Protect it using reasonable care;
- Not disclose it except to personnel, contractors, advisers, or providers who need to know and are bound by confidentiality obligations;
- Promptly notify the disclosing party of unauthorised disclosure where legally permitted.
Confidential Information does not include information that:
- Is publicly available without breach;
- Was lawfully known before disclosure;
- Is lawfully received from a third party without restriction;
- Is independently developed without use of Confidential Information;
- Must be disclosed by law, court, or regulator.
24Security
Chatcot will use commercially reasonable technical and organisational measures designed to protect the Services and Personal Information.
Such measures may include:
- HTTPS/TLS;
- Access controls;
- Multi-factor authentication for administrative access;
- Provider security controls;
- Logging, monitoring, backups;
- Vulnerability management;
- Least-privilege access;
- Vendor review;
- Incident response planning.
No Encryption Guarantee
Chatcot does not represent or warrant that Customer Content, End-User Chat Data, chatbot transcripts, uploaded files, prompts, AI Output, account data, or stored data is encrypted by Chatcot. Chatcot also does not provide end-to-end encryption because Chatcot-controlled systems and authorised service providers must be able to process data to provide the Services, including chatbot operation, authentication, payment processing, hosting, security, and AI response generation.
Customer is responsible for securing Customer Websites, Customer systems, Customer credentials, Customer devices, Customer administrators, Customer integrations, and Customer-side configurations.
25Data Breach & Security Incidents
Customer must promptly notify Chatcot if Customer becomes aware of any actual or suspected security incident involving the Services, Customer Account, Customer Website, Chatbot, API key, credentials, Customer Content, or End-User Chat Data.
Chatcot will take reasonable steps to investigate security incidents affecting the Services and will notify affected Customers where required by law or contract.
Where Customer is the controller or responsible party for affected Personal Information, Customer is responsible for determining whether regulator or End-User notification is required, except where Chatcot has an independent notification obligation.
26Suspension
Chatcot may suspend or restrict access to all or part of the Services immediately if:
- Customer fails to pay Fees;
- Customer violates these Terms;
- Customer's use creates security, legal, financial, operational, reputational, or technical risk;
- Customer uses the Services for prohibited, regulated, or High-Risk Use Cases without approval;
- Customer violates AI Provider terms;
- Customer's Account or credentials appear compromised;
- Customer's usage is abusive, excessive, fraudulent, unlawful, or harmful;
- Suspension is required by law, regulator, court, provider, or payment processor;
- Continued access may harm Chatcot, Subprocessors, AI Providers, users, or third parties.
Suspension does not relieve Customer of payment obligations incurred before or during suspension.
27Term & Termination
These Terms begin when you first access or use the Services and continue until terminated.
Termination by Customer
Customer may stop using the Services at any time. Paid subscriptions must be cancelled through the billing flow or by contacting Chatcot where self-service cancellation is unavailable.
Termination by Chatcot
Chatcot may terminate or suspend Customer's access if Customer breaches these Terms, fails to pay Fees, creates risk, violates law, misuses the Services, or if Chatcot discontinues the Services.
Effect of Termination
Upon termination:
- Customer's right to access the Services ends;
- Customer must stop using and remove any Chatcot embed code;
- Outstanding Fees become due;
- Chatcot may delete Customer Content according to its retention practices;
- Provisions intended to survive will survive, including payment obligations, confidentiality, intellectual property, disclaimers, limitations of liability, indemnities, data protection terms, dispute terms, and governing law.
28Deletion After Termination
If Customer deletes an agent, Chatcot will delete the Customer Content and other data provided to that agent from active Chatcot-controlled systems, subject to any limited retention required for legal compliance, security, fraud prevention, abuse investigation, billing, dispute resolution, provider-side logs, or other lawful purposes.
As of the Last updated date of these Terms, Chatcot does not intentionally maintain separate backup copies of deleted agent data. Customer acknowledges, however, that third-party providers may retain limited logs, security records, billing records, abuse-monitoring records, or transient technical records according to their own infrastructure, legal, and security requirements.
Following termination or account closure, Chatcot may delete or disable Customer Content, End-User Chat Data, configurations, and Account data after a reasonable period, unless retention is required for legal, security, tax, accounting, dispute, fraud prevention, abuse monitoring, provider-side compliance, or other lawful purposes.
Customer is responsible for exporting data before termination where export functionality is available.
29Disclaimers
General Disclaimer
To the maximum extent permitted by law, the Services are provided on an "as is" and "as available" basis.
Chatcot disclaims all warranties, representations, and conditions, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, security, uninterrupted operation, error-free operation, and suitability for regulated purposes.
Chatcot does not warrant that:
- The Services will be uninterrupted, secure, or error-free;
- AI Output will be accurate, lawful, current, complete, safe, or suitable;
- Customer Content will produce expected responses;
- Defects will be corrected;
- The Services will meet Customer's requirements;
- The Services will comply with laws applicable to Customer's particular use case;
- The Services are suitable for High-Risk Use Cases;
- Data will never be lost;
- Third-party services will remain available;
- AI Providers will maintain any model, feature, price, term, limit, or configuration.
Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, remedy, or warranty that cannot be lawfully excluded under the Australian Consumer Law or other applicable law.
30Australian Consumer Law
If Customer is a consumer under the Australian Consumer Law, Customer may have statutory rights and guarantees that cannot be excluded.
Where Chatcot is permitted to limit remedies for breach of a consumer guarantee, Chatcot's liability is limited, at Chatcot's option, to:
- Supplying the Services again; or
- Paying the cost of having the Services supplied again.
Nothing in these Terms excludes liability that cannot be excluded under applicable law.
31Limitation of Liability
Limitation of Liability
To the maximum extent permitted by law, Chatcot will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, or aggravated damages, loss of profits, loss of revenue, loss of goodwill, loss of business opportunity, loss of anticipated savings, loss of data, loss of use, business interruption, reputational harm, replacement service costs, or third-party claims, whether in contract, tort, negligence, statute, equity, strict liability, or otherwise.
To the maximum extent permitted by law, Chatcot's total aggregate liability arising out of or relating to the Services, these Terms, Customer Content, End-User Chat Data, AI Output, data processing, security incidents, third-party services, or any related matter is limited to the greater of:
- The amount Customer paid to Chatcot for the Services in the three months before the event giving rise to liability; or
- AUD $100.
The above limitation applies even if a remedy fails of its essential purpose and even if Chatcot was advised of the possibility of such damages.
Nothing in these Terms limits liability for fraud, wilful misconduct, or liability that cannot be excluded under applicable law.
32Customer Indemnity
Customer agrees to defend, indemnify, and hold harmless Chatcot, its operator, personnel, contractors, providers, licensors, and affiliates from and against any claims, complaints, investigations, penalties, fines, damages, losses, liabilities, settlements, costs, and expenses, including reasonable legal fees, arising out of or relating to:
- Customer Content;
- Customer Websites;
- End-User Chat Data;
- Customer's use of the Services;
- Customer's breach of these Terms;
- Customer's violation of law;
- Customer's failure to provide required notices;
- Customer's failure to obtain required consents;
- Customer's unlawful use of cookies, pixels, analytics, tracking, session replay, or chat recording;
- Customer's use of Chatcot for under-18 audiences;
- Customer's use of Chatcot for High-Risk Use Cases;
- Customer's use of Sensitive Information;
- Customer's reliance on AI Output;
- Customer's professional, regulated, or legal obligations;
- Customer's infringement of third-party rights;
- Customer's breach of Data Protection Laws;
- Customer's breach of AI Provider terms;
- Customer-selected integrations;
- Unauthorised access caused by Customer's systems, users, credentials, or configurations;
- Disputes between Customer and End Users.
Chatcot may control the defence of any indemnified matter at Customer's expense where Chatcot reasonably determines that Customer's defence may create risk to Chatcot.
Customer must not settle any matter in a way that admits fault by Chatcot, imposes obligations on Chatcot, or affects Chatcot's rights without Chatcot's written consent.
33Force Majeure
Chatcot is not liable for delay or failure to perform caused by events beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, labour disputes, internet failures, cloud outages, AI Provider outages, power failures, cyberattacks, denial-of-service attacks, government action, legal restrictions, supply-chain failures, payment processor issues, or other events beyond reasonable control.
34Export Control & Sanctions
Customer must comply with all applicable export control, sanctions, trade, anti-bribery, anti-corruption, and anti-money laundering laws.
Customer must not use the Services in embargoed jurisdictions, by sanctioned persons, or for prohibited end uses.
Chatcot may suspend or terminate access where required by export, sanctions, or trade compliance laws.
35Publicity
Unless Customer opts out in writing, Chatcot may identify Customer as a customer using Customer's name and logo in customer lists, website materials, investor materials, pitch materials, and marketing communications.
Chatcot will stop new public use of Customer's name or logo after receiving a written opt-out request, but may retain existing materials until reasonably updated.
36Changes to the Services & Terms
Chatcot may update these Terms from time to time.
If changes are material, Chatcot will use reasonable efforts to notify Customers through the website, dashboard, email, or other reasonable channels.
Continued use of the Services after updated Terms take effect constitutes acceptance of the updated Terms.
If Customer does not agree to updated Terms, Customer must stop using the Services and cancel any paid subscriptions.
37Notices
Chatcot may provide notices through the website, dashboard, email, in-product messages, billing portal, or other reasonable electronic channels.
Notices to Chatcot must be sent to: chatcotsupport@gmail.com
Customer is responsible for keeping its contact email current.
38Assignment
Customer may not assign, transfer, delegate, or sublicense these Terms or any rights or obligations under them without Chatcot's prior written consent.
Chatcot may assign or transfer these Terms in connection with a business transfer, merger, acquisition, reorganisation, sale of assets, change of control, or operation of law.
39Relationship of the Parties
The parties are independent contractors.
These Terms do not create a partnership, joint venture, employment relationship, agency relationship, fiduciary relationship, franchise, or exclusive arrangement.
Customer may not bind Chatcot or make representations on Chatcot's behalf.
40Governing Law & Disputes
These Terms are governed by the laws of Australian Capital Territory and the Commonwealth of Australia, without regard to conflict-of-law rules. This governing law clause does not require Chatcot to publish a physical address, ABN, or the sole trader's personal legal name in these Terms.
The parties submit to the non-exclusive jurisdiction of the courts and tribunals of the Australian Capital Territory and the Federal Court of Australia.
Before commencing court proceedings, a party must first attempt in good faith to resolve the dispute by written notice and negotiation for at least 30 days, unless urgent injunctive relief is required or the claim relates to non-payment, misuse, intellectual property infringement, confidentiality breach, security risk, or unlawful conduct.
Nothing in these Terms prevents either party from seeking urgent injunctive, equitable, or protective relief.
41Severability
If any provision of these Terms is invalid, illegal, or unenforceable, that provision will be interpreted to the minimum extent necessary to make it valid, legal, and enforceable. If that is not possible, the provision will be severed and the remaining provisions will remain in full force and effect.
42No Waiver
Failure to enforce any provision of these Terms is not a waiver of that provision or any other provision.
A waiver must be in writing and signed by the party granting it.
43Entire Agreement
These Terms, together with any Order Form, DPA, Privacy Policy, incorporated policies, and written agreements expressly referencing these Terms, constitute the entire agreement between Customer and Chatcot regarding the Services and supersede prior or contemporaneous agreements on that subject.
If there is a conflict between documents, the following order applies unless expressly stated otherwise:
44Contact Us
If you have any questions about these Terms, please contact us: