Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you or the organization you represent ("Customer", "you") and ChatMox AI, Inc. ("ChatMox", "we", "us"). These Terms govern your access to and use of ChatMox's software-as-a-service platform, APIs, documentation, and related services (collectively, the "Service").

By clicking "I Agree", creating an account, or otherwise accessing the Service, you represent that you are at least 18 years old, have the authority to bind yourself or your organization to these Terms, and agree to be bound by them and our Privacy Policy.

2. Account Registration & Security

To use ChatMox, you must register for an account by providing accurate, current, and complete information. You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Notifying us immediately through your account dashboard of any unauthorized access
• Ensuring all users under your account comply with these Terms

We reserve the right to suspend or terminate accounts that we believe have been compromised or used in violation of these Terms.

3. License to Use the Service

Subject to your compliance with these Terms and payment of applicable fees, ChatMox grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service solely for your internal business purposes during the subscription term.

You may not:

• Copy, modify, create derivative works of, or reverse-engineer the Service
• Sell, resell, sublicense, or transfer access to the Service to third parties (except as permitted by white-label plans)
• Use the Service to build a competing product or service
• Access the Service through means not authorized by ChatMox
• Remove or obscure any proprietary notices in the Service

4. Acceptable Use Policy

You agree not to use ChatMox to:

• Transmit content that is illegal, fraudulent, defamatory, or violates any third-party rights
• Distribute malware, spam, phishing content, or other malicious material
• Harass, abuse, or threaten any individual or group
• Collect personal data of end users without proper consent and disclosures
• Circumvent, disable, or interfere with security features of the Service
• Attempt to gain unauthorized access to ChatMox systems or other users' accounts
• Conduct automated data scraping, crawling, or harvesting beyond your authorized use
• Use the Service in any way that violates applicable laws or regulations

ChatMox reserves the right to suspend or terminate accounts that violate this policy without prior notice.

5. Subscriptions, Fees & Payment

5.1 Subscription Plans

ChatMox offers tiered subscription plans with different message limits, features, and pricing. You agree to pay the fees applicable to your chosen plan on a monthly or annual basis.

5.2 Billing & Renewals

Subscriptions automatically renew at the end of each billing period unless cancelled. You authorize ChatMox to charge your payment method on file for all renewal fees. All fees are in US Dollars and non-refundable except as described in our 30-day money-back guarantee.

5.3 Overages & Upgrades

If you exceed your plan's message limit, your bot will continue operating but will display a fallback message. You will receive email notifications at 80% and 100% usage. We encourage you to upgrade before reaching your limit to avoid service interruption.

5.4 Price Changes

ChatMox may change subscription prices with 30 days' notice. Price changes take effect at your next renewal date. If you do not agree to a price change, you may cancel before the change takes effect.

5.5 Taxes

Fees are exclusive of taxes. You are responsible for all applicable sales, use, VAT, or similar taxes. Where required by law, ChatMox will collect and remit taxes on your behalf.

6. Data Ownership & Processing

6.1 Your Data

You retain all ownership rights to your data, including your knowledge base content, conversation transcripts, and customer information. ChatMox does not claim any ownership over your data.

6.2 License to Process

You grant ChatMox a limited, non-exclusive license to process your data solely to provide the Service, including passing it to AI providers (as disclosed in our Privacy Policy) to generate responses.

6.3 No Training on Your Data

ChatMox will never use your data, knowledge base content, or conversation transcripts to train AI models. This applies to both ChatMox's own models and third-party providers' models.

6.4 Data Security

ChatMox implements commercially reasonable security measures as described in our Privacy Policy and Security documentation.

7. Intellectual Property

The Service, including all software, algorithms, designs, logos, and documentation, is owned by ChatMox or its licensors and is protected by intellectual property laws. These Terms do not grant you any rights to ChatMox's intellectual property beyond the limited license described in Section 3.

You retain ownership of your brand assets, custom configurations, and any content you create within the Service.

8. Confidentiality

Each party may have access to the other's confidential information. Both parties agree to: (a) hold such information in strict confidence, (b) use it only for the purposes of these Terms, and (c) not disclose it to third parties without prior written consent, except as required by law.

9. Warranties & Disclaimers

ChatMox provides the Service "as is" and "as available". We make no representations or warranties that the Service will be uninterrupted, error-free, or free of harmful components. We warrant that we will use commercially reasonable efforts to maintain 99.9% monthly uptime (as defined in our SLA for Enterprise plans).

Disclaimer: AI-generated responses may occasionally be inaccurate, incomplete, or inappropriate. You are responsible for reviewing and validating AI responses before relying on them. ChatMox is not liable for any decisions made based on AI-generated content.

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• ChatMox's total liability for any claims under these Terms shall not exceed the fees you paid in the 12 months preceding the claim
• ChatMox is not liable for any indirect, incidental, special, consequential, or punitive damages
• ChatMox is not liable for loss of profits, revenue, data, goodwill, or business opportunities

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if ChatMox has been advised of the possibility of such damages.

11. Indemnification

You agree to indemnify, defend, and hold harmless ChatMox and its officers, directors, employees, and agents from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: (a) your use of the Service in violation of these Terms, (b) your data or content, (c) your violation of any law or third-party rights, or (d) your end users' use of your chat widget.

12. Termination

Either party may terminate these Terms at any time. You may cancel your account from the billing settings page. ChatMox may suspend or terminate your access immediately if you breach these Terms or if required by law.

Upon termination: (a) your license to use the Service ends immediately, (b) you may export your data for 30 days after termination, and (c) ChatMox will delete your data per our Privacy Policy.

13. Governing Law & Disputes

These Terms are governed by the laws of the State of Delaware, USA, without regard to conflict of law principles. Any disputes arising under these Terms shall be resolved through binding arbitration in Delaware under the American Arbitration Association's Commercial Arbitration Rules, except that either party may seek injunctive relief in court for IP infringement or unauthorized access.

14. General Provisions

• Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and ChatMox regarding the Service
• Modifications: We may update these Terms with 14 days' notice. Continued use after the effective date constitutes acceptance
• Waiver: Failure to enforce any provision is not a waiver of that provision
• Severability: If any provision is found unenforceable, the remaining provisions remain in effect
• Assignment: You may not assign these Terms without our written consent. ChatMox may assign these Terms in connection with a merger, acquisition, or sale

15. Contact

For questions about these Terms: