1. Agreement to Terms
By creating an account and using the Chatouts platform ("Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of the terms, you may not use the Service.
2. Description of Service
Chatouts provides a suite of tools for managing an online business. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. We do not warrant that the Service will be uninterrupted, timely, secure, or error-free.
3. User Accounts and Responsibilities
- You are responsible for safeguarding your password and for all activities that occur under your account.
- You must provide accurate and complete information when creating your account.
- You agree not to use the Service for any illegal or unauthorized purpose.
4. User-Generated Content and Customer Data
Your Content: You retain full ownership of all data you input into the Service, including product information, AI training data, and any other content ("User Content").
Your Responsibility: You are solely responsible for your User Content and for the data you collect from your customers ("Customer Data"). As the Data Controller of your Customer Data, you represent and warrant that you have all necessary rights, permissions, and legal bases to collect, store, and process this data using our Service, in compliance with all applicable privacy laws (including GDPR).
Our Role: You acknowledge that Chatouts is a Data Processor acting on your behalf to process your Customer Data. You agree to indemnify and hold harmless Chatouts from any claims, damages, or fines arising from your failure to comply with your data protection obligations.
License to Us: You grant us a limited, non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, modify, and transmit your User Content and Customer Data solely for the purpose of providing and improving the Service. This includes sharing data with our Sub-Processors as described in our Privacy Policy.
5. Subscriptions and Pro Features
- Certain features of the Service are only available under paid subscription plans.
- Fees are billed in advance as described on the subscription page.
- We reserve the right to change subscription fees at any time, with reasonable notice provided to you.
6. Data Retention and Termination
- We will retain your data according to the policy associated with your subscription plan, as detailed in our Privacy Policy.
- You may terminate your account at any time. Upon termination, we will handle your data according to our data retention policy, which may include a grace period before permanent deletion from our servers.
- We reserve the right to terminate or suspend your account for any breach of these Terms, with or without notice.
7. Service Availability, Data Integrity, and Limitation of Liability
7.1 "AS IS" and "AS AVAILABLE" Service
You acknowledge and agree that the Service is provided on an "as is" and "as available" basis. We do not warrant that the Service will be uninterrupted, timely, secure, error-free, or that data loss will not occur.
7.2 No Guarantees
While we employ commercially reasonable efforts to maintain the security and integrity of the Service and your data—including the use of reputable third-party hosting providers and regular backup procedures—we cannot provide a 100% guarantee against all potential failures.
7.3 Acknowledgment of Risk
You expressly understand and agree that your use of the Service is at your sole risk. You acknowledge that software and cloud hosting services are inherently complex and may not be free from bugs, errors, or interruptions. Events beyond our reasonable control, such as failures of our third-party hosting providers, may result in service unavailability or data corruption.
7.4 Limitation of Liability
To the maximum extent permitted by applicable law, Chatouts, its directors, employees, partners, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation:
- Loss of profits, revenue, or business opportunities;
- Loss of data, goodwill, or other intangible losses;
- Damages resulting from your access to, use of, or inability to access or use the Service;
- Damages resulting from any unauthorized access to or use of our secure servers and/or any personal information stored therein;
- Damages resulting from any bugs, viruses, trojan horses, or the like that may be transmitted to or through our service by any third party;
- Damages resulting from service interruptions or cessation of service, whether caused by platform errors or failures of our third-party providers.
7.5 Maximum Liability
Notwithstanding anything to the contrary in these Terms, in no event shall our aggregate liability for all claims relating to the Service exceed the greater of (a) one hundred U.S. dollars ($100) or (b) the total amount of fees paid by you to Chatouts for the Service during the twelve (12) month period immediately preceding the event giving rise to the claim.
7.6 Your Responsibility to Back Up Data
The Service provides tools for you to export your data (such as product lists and order histories) as CSV files. We strongly encourage you to regularly back up your critical business data using these export features as an additional safeguard.
8. Changes to Terms
We reserve the right to modify these Terms at any time. We will provide at least 30 days' notice of significant changes. By continuing to use the Service after those revisions become effective, you agree to be bound by the revised terms.