Terms of Service

1. Definitions

• "Service" refers to ConvoPath, including all features, APIs, tools, and related services
• "User" or "Customer" refers to individuals or entities using ConvoPath
• "Chatbot" refers to AI conversational assistants created using ConvoPath
• "Content" refers to any data, text, information, or materials uploaded to or processed by the Service
• "End Users" refers to individuals who interact with Customer's chatbots
• "Training Data" refers to content provided by Customer to train their chatbots

2. Acceptance and Eligibility

2.1 Agreement to Terms

By using our Service, you represent that you:

• Are at least 18 years old or have legal capacity to enter contracts
• Have the authority to bind any organization you represent
• Agree to comply with all applicable laws and regulations

2.2 Business Use Only

ConvoPath is intended for business and professional use only. Personal use for non-commercial purposes may be permitted at our discretion.

3. Account Registration and Security

3.1 Account Creation

• You must provide accurate, current, and complete information
• You must maintain and update your account information
• Each person may only maintain one account
• You are responsible for all activities under your account

3.2 Security

• You are responsible for maintaining account security
• You must immediately notify us of any unauthorized access
• Multi-factor authentication is available and strongly recommended
• You must use strong passwords and security practices

4. Subscription Plans and Billing

4.1 Subscription Tiers

We offer multiple subscription plans with different features and limitations. Current plans and pricing are available on our website.

4.2 Payment Terms

• Subscription fees are charged in advance on a monthly or annual basis
• All fees are non-refundable except as expressly stated in these Terms
• You authorize us to charge your payment method for all applicable fees
• Prices may change with 30 days' notice

4.3 Refund Policy

• Monthly Subscriptions: No refunds provided
• Annual Subscriptions: Prorated refunds available only if cancelled within 30 days of initial purchase and before substantial use of service resources
• Substantial Use: Defined as uploading training data, creating chatbots, or generating more than 100 conversations

4.4 Failed Payments and Grace Period

• Failed payments result in account suspension after a 14-day grace period
• During the grace period, you may resolve payment issues without losing access
• After the grace period, your account will be suspended and may be terminated
• Upon termination, your data will be deleted after 30 days

4.5 Plan Changes

• Upgrades and downgrades are processed through our payment processor
• Changes take effect immediately for upgrades, at next billing cycle for downgrades
• Proration is handled automatically by our payment processor

5. Acceptable Use Policy

5.1 Permitted Uses

You may use ConvoPath to:

• Create business chatbots for customer service and engagement
• Train chatbots on your own content and knowledge base
• Deploy chatbots on websites you own or have permission to modify
• Analyze chatbot performance and conversations

5.2 Prohibited Use Cases

You may NOT use ConvoPath for chatbots that provide:

• Medical, healthcare, psychiatric, or therapeutic advice
• Financial, investment, tax, or legal advice
• Crisis intervention or mental health support
• Adult content, pornography, or dating services
• Gambling, betting, or gaming advice
• Controlled substances or illegal drug information
• Emergency services or safety-critical applications
• Cryptocurrency, trading, or investment guidance
• Any illegal, harmful, or fraudulent purposes

5.3 Content Restrictions

You agree NOT to:

• Upload content that violates any law or third-party rights
• Create chatbots that promote hate speech, discrimination, or violence
• Use copyrighted material without proper authorization
• Attempt to circumvent security measures or usage limits
• Reverse engineer, decompile, or disassemble the Service
• Resell or redistribute the Service without authorization
• Use the Service to spam, harass, or abuse others

5.4 Compliance Requirements

You must:

• Comply with all applicable laws and regulations
• Maintain appropriate privacy policies for your End Users
• Obtain necessary consents for data collection and processing
• Implement appropriate content moderation for your chatbots
• Notify us immediately of any suspected violations

6. Data Processing and Privacy

6.1 Data Controller Relationship

• You act as the data controller for all End User data collected through your chatbots
• We act as a data processor providing services on your behalf
• You are responsible for compliance with all privacy laws (GDPR, CCPA, etc.)
• You must maintain appropriate privacy policies and obtain necessary consents

6.2 Our Data Processing

• We process data solely to provide the Service to you
• We do not use your data or End User data for our own commercial purposes
• We may use aggregated, anonymized data to improve our Service
• We may analyze usage patterns to enhance Service performance

6.3 Data Security

We implement industry-standard security measures including:

• Encryption of data in transit and at rest
• Regular security assessments and updates
• Limited employee access on a need-to-know basis
• Secure authentication and access controls

7. Intellectual Property

7.1 ConvoPath Platform

• We own all rights to the ConvoPath platform, technology, and improvements
• We grant you a limited, non-exclusive license to use the Service
• This license terminates when your subscription ends

7.2 Customer Content

• You retain ownership of all Training Data and content you provide
• You grant us a license to process your content solely to provide the Service
• You represent that you have all necessary rights to your content

7.3 Generated Conversations

• You own all conversations generated by your chatbots
• We have no rights to use conversation data except to provide the Service
• We may retain minimal data for security and fraud prevention

7.4 Feedback and Suggestions

Any feedback or suggestions you provide may be used by us without obligation or compensation to you.

8. Customer Indemnification

You agree to defend, indemnify, and hold harmless ConvoPath, Make Industry, LLC, and our officers, directors, employees, and agents from and against any claims, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Service
• Your Training Data or chatbot content
• Your chatbots' responses or interactions with End Users
• Your violation of these Terms or applicable law
• Any third-party claims related to your chatbots or content
• Your failure to comply with privacy laws or obtain necessary consents

9. Limitation of Liability and Disclaimers

9.1 Service Disclaimer

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 AI Service Dependencies

• Our Service depends on third-party AI providers
• We are not liable for AI service outages, response accuracy, or hallucinations
• We are not responsible for changes to third-party AI provider terms or pricing
• Chatbot responses may contain errors despite our best efforts

9.3 Uptime and Availability

• We strive for 99% uptime but provide no guarantees
• Service interruptions due to third-party providers are excluded from uptime calculations
• We are not liable for business losses due to service interruptions

9.4 Liability Cap

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICE DURING THE 12 MONTHS PRECEDING THE CLAIM, OR $500, WHICHEVER IS GREATER.

9.5 Excluded Damages

WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

10. Third-Party Services and Embedding

10.1 Third-Party Dependencies

• Our Service integrates with third-party services (payment processors, AI providers, etc.)
• We are not responsible for third-party service failures or changes
• Third-party services have their own terms and privacy policies

10.2 Chatbot Embedding

• You may embed chatbots only on websites you own or have permission to modify
• You are responsible for compliance with embedding platform terms of service
• You must ensure your chatbots comply with all applicable laws where embedded

11. Termination

11.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us.

11.2 Termination by Us

We may terminate or suspend your account immediately if:

• You violate these Terms
• Your payment fails after the grace period
• You engage in prohibited activities or abuse system resources
• Required by law or to protect our rights or others' safety

11.3 Effect of Termination

• Your access to the Service will be immediately revoked
• Your data will be deleted within 30 days of termination
• You remain liable for all fees incurred before termination
• Sections of these Terms that should survive will remain in effect

12. DMCA and Copyright

12.1 Copyright Policy

We respect intellectual property rights and will respond to valid DMCA takedown notices.

12.2 Infringement Claims

If you believe content in our Service infringes your copyright:

• Contact us at https://convopath.com/contact with detailed information
• We will investigate and take appropriate action
• We may remove content and notify the Customer

12.3 Counter-Notice

Customers may submit counter-notices if they believe content was removed in error.

13. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, or failures of third-party services.

14. Dispute Resolution and Arbitration

14.1 Mandatory Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be settled by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

14.2 Arbitration Procedures

• Arbitration shall take place in Montana
• The arbitrator's decision shall be final and binding
• Each party shall bear their own costs and attorneys' fees
• Class action lawsuits are prohibited

14.3 Exceptions

The following disputes are excluded from arbitration:

• Claims for injunctive relief
• Disputes related to intellectual property
• Small claims court matters under jurisdictional limits

15. General Provisions

15.1 Governing Law

These Terms are governed by the laws of the State of Montana, without regard to conflict of law principles.

15.2 Modifications

We may modify these Terms at any time with 30 days' notice. Continued use of the Service after changes constitutes acceptance. Material changes require your explicit consent.

15.3 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect.

15.4 Assignment

You may not assign these Terms without our written consent. We may assign these Terms to any affiliate or successor.

15.5 Entire Agreement

These Terms constitute the entire agreement between you and ConvoPath regarding the Service and supersede all prior agreements.

15.6 Waiver

No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

16. Contact Information

For questions about these Terms of Service, please contact us at:

https://convopath.com/contact