Terms of Use

1. Introduction

These Terms of Use (“Terms”) govern your use of Chat Buddy (the “Service”), operated by Aleksify (“Aleksify”, “we”, “us”). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a business, you confirm that you are authorised to bind that business.

2. The Service

Chat Buddy is a hosted software service that provides an AI assistant you can embed on your website. You configure the assistant with your own product catalog, knowledge base and settings, and it answers your visitors’ questions using that material. A subscription grants access to the Service according to the plan you select, including its monthly message allowance and feature limits.

We may change, add to, or discontinue features of the Service. Where a change materially reduces the functionality of a paid plan, we will give you reasonable notice.

3. Accounts and eligibility

You must provide accurate account information and keep your credentials secure. You are responsible for all activity under your account. The Service is intended for use by businesses and is not directed at consumers or at children.

4. Acceptable use

You agree not to use the Service to:

• break any applicable law, or infringe anyone’s rights;
• offer or promote goods and services that are prohibited by our payment provider, including illegal goods, weapons, drugs, adult content, gambling, or financial products we have not agreed to support;
• upload content you do not have the right to use, or that is unlawful, deceptive or harmful;
• upload, or configure the assistant to ask visitors for, the sensitive data listed in our Privacy Policy - including identification numbers, payment card details, passwords, health records and other special categories of personal data;
• attempt to gain unauthorised access to the Service, another customer’s data, or our infrastructure, or test its security without our prior written permission;
• abuse the assistant - for example by automated or excessive querying intended to exhaust an allowance, degrade the Service, or extract the underlying model;
• copy, modify, reverse engineer or decompile the Service, or attempt to extract its source code, except where the law expressly allows it;
• resell, sublicense or rent access to the Service to third parties, or use it to build a competing product.

We may suspend access where your use threatens the security or stability of the Service or other customers. Where it is reasonable to do so, we will tell you first and give you a chance to fix the problem.

5. Your content and your visitors

You keep all rights in the catalog, knowledge base, configuration, branding and other material you supply (“your content”), and in the conversations your assistant has with your visitors. You grant us a non-exclusive, worldwide, royalty-free licence to host, process and display your content solely to provide the Service to you. You confirm that you have the rights needed to grant this licence.

You are responsible for your content, and for your relationship with the visitors who use the assistant on your website. In particular, you must:

• have a lawful basis for processing your visitors’ personal data, and tell them in your own privacy policy how you do so, including that their messages are processed by an AI system and our sub-processors;
• make sure your visitors know they are interacting with an AI system, as required by Article 50 of the EU Artificial Intelligence Act and similar laws. The assistant’s header always labels it as an AI assistant, and its replies are marked as AI-generated in the page markup. You must not remove, hide or obscure these, and must not configure the assistant - through its name, persona or instructions - to present itself as a human;
• review how the assistant behaves on your website, and correct your content where its answers are wrong.

We may use aggregated, anonymised data about how the Service is used - which identifies neither you nor your visitors - to operate and improve it.

6. Data protection

For personal data in your content and in your visitors’ conversations, you are the controller and we are your processor. This section is our data processing agreement under Article 28 of the General Data Protection Regulation and the equivalent provisions of other applicable data protection law. When acting as your processor, we will:

• process the personal data only to provide the Service and on your documented instructions, which are these Terms and your configuration of the Service, unless the law requires otherwise;
• make sure that everyone authorised to process it is bound by confidentiality;
• apply appropriate technical and organisational security measures, including those described in section 9 of our Privacy Policy;
• use only the sub-processors listed in our Privacy Policy, which you authorise generally; impose equivalent data protection obligations on them; give at least 14 days’ notice before adding or replacing one; and let you object on reasonable data protection grounds;
• transfer personal data internationally only with the safeguards described below and in section 6 of our Privacy Policy;
• help you respond to requests from your visitors exercising their rights, and with security, breach notification, data protection impact assessments and consultations with supervisory authorities, taking into account the information available to us;
• notify you without undue delay after becoming aware of a personal data breach affecting your data;
• delete the personal data when your account ends, as described in section 13, unless the law requires us to keep it;
• make available the information reasonably necessary to demonstrate compliance with this section, and allow for and contribute to audits on reasonable notice, at your expense, and no more than once a year unless a supervisory authority requires otherwise.

Standard Contractual Clauses

Where you are established in the European Economic Area, or your processing is otherwise subject to the GDPR, and personal data is transferred to us, the Standard Contractual Clauses adopted by the European Commission in Implementing Decision (EU) 2021/914, Module Two (controller to processor), are incorporated into these Terms and apply as follows:

• you are the data exporter and we are the data importer;
• the optional docking clause in Clause 7 does not apply;
• under Clause 9(a), Option 2 (general written authorisation) applies, with the notice period stated above;
• the optional wording in Clause 11(a) does not apply;
• under Clause 13, the competent supervisory authority is the one competent for you as data exporter;
• under Clauses 17 and 18, the Clauses are governed by the law of the Netherlands, and disputes under them are resolved by the courts of the Netherlands;
• Annex I is completed by your account details (Part A), the description of the processing in this section and in sections 3, 5 and 7 of our Privacy Policy (Part B), and Clause 13 above (Part C); Annex II is completed by section 9 of our Privacy Policy.

If these Terms conflict with the Standard Contractual Clauses, the Standard Contractual Clauses prevail.

7. Our intellectual property

We and our licensors own the Service, including its software, design, templates and documentation. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your own business purposes, and no other rights. If you send us feedback or suggestions, we may use them without any obligation to you.

8. Payment and billing

Our order process is conducted by our online reseller Paddle.com. Paddle.com Market Ltd is the Merchant of Record for all our orders. Paddle handles payment processing, billing, invoicing, and the collection and remittance of VAT and other applicable taxes. Your purchase is therefore also subject to Paddle’s buyer terms, available at paddle.com/legal/checkout-buyer-terms.

Subscriptions are billed in advance, monthly or annually as you choose, and renew automatically until cancelled. Prices are shown at checkout in your local currency and include applicable taxes. Each plan includes a monthly message allowance; you may purchase additional prepaid credits, which are consumed once the plan allowance is used up.

Upgrades take effect immediately and are charged pro rata for the remainder of the current period. Downgrades take effect at your next renewal; you keep the plan you have paid for until then, and nothing is charged for the change.

9. Cancellation and refunds

You may cancel your subscription at any time from your dashboard. Cancellation takes effect at the end of the billing period you have already paid for - you keep access until then, and you are not charged again.

Payments are otherwise non-refundable. We do not provide partial or pro-rata refunds for unused time in a period, for periods already elapsed, or where you have used the Service less than you expected. Any prepaid credits remaining on your account are forfeited when your subscription ends.

This does not affect refund rights you have by law. Where you are entitled to a refund under applicable consumer legislation - for example a statutory right of withdrawal - that refund is handled by Paddle as Merchant of Record. Contact us at contact@chat-buddy.app and we will help.

10. Availability and no warranty

We work to keep the Service available and reliable, but we do not guarantee any level of uptime, and we do not currently offer a service level agreement. The Service is provided “as is” and “as available”, without warranties of any kind, to the fullest extent permitted by law.

AI output can be wrong. The assistant generates answers automatically and may produce inaccurate, incomplete or inappropriate responses. Its answers are for information only and are not professional advice of any kind. We are not responsible for decisions made or actions taken in reliance on them. You are responsible for reviewing how the assistant behaves on your website and for any reliance you or your visitors place on it.

11. Limitation of liability

To the fullest extent permitted by law, Aleksify is not liable for indirect, incidental, special or consequential losses, nor for lost profits, lost revenue, lost business or lost or corrupted data, however caused.

Our total aggregate liability arising out of or relating to the Service is limited to the total fees you paid us in the twelve months immediately before the event giving rise to the claim.

Nothing in these Terms excludes liability that cannot be excluded by law, including liability for death or personal injury caused by negligence, or for fraud.

12. Confidentiality

Each of us may receive non-public information from the other that is marked as confidential or should reasonably be understood to be (“confidential information”). Your content is your confidential information. The receiving party will use the other’s confidential information only for the purposes of these Terms, protect it with at least reasonable care, and share it only with those who need it for those purposes and are bound by similar obligations.

This does not apply to information that is or becomes public without a breach of these Terms, that the receiving party already had or independently developed, or that it lawfully received from someone else without a duty of confidence. Either of us may disclose confidential information where the law requires it, after notifying the other where the law allows.

13. Termination

You may stop using the Service and cancel at any time. Either of us may terminate if the other materially breaches these Terms and does not fix the breach within 30 days of being notified of it. We may suspend or terminate your account immediately if the breach cannot be fixed, if it involves section 4 and puts the Service, other customers or their visitors at risk, or if we are required to by law.

When your account ends, your assistant stops serving your website. We delete your content and your visitors’ conversation data within 30 days of the account ending, except for records we must keep by law, such as billing records. Copies in our backups are deleted as those backups expire, within 30 days. Other data is handled according to our Privacy Policy.

Sections 5 to 7 and 9 to 15 survive termination, to the extent relevant.

14. Changes to these Terms

We may update these Terms. When we make a material change, we will update the “last updated” date above and, where the change significantly affects your rights, give you notice by email or in the dashboard. Continuing to use the Service after a change takes effect means you accept the updated Terms.

15. General

• Force majeure. Neither of us is liable for a delay or failure caused by events beyond reasonable control, such as natural disasters, war, government action, or outages of third-party hosting, network or AI providers.
• Assignment. You may not transfer your rights or obligations under these Terms without our written consent. We may transfer them as part of a merger, acquisition, reorganisation or sale of all or substantially all of our assets.
• Relationship. We are independent contractors. These Terms create no partnership, joint venture, agency or employment relationship, and no rights for third parties.
• Notices. We send notices to the email address on your account or through the dashboard. You send notices to contact@chat-buddy.app.
• Severability and waiver. If any provision is found unenforceable, it is limited to the minimum extent necessary and the rest of these Terms remain in effect. Not enforcing a provision is not a waiver of it.
• Entire agreement. These Terms, together with the documents they refer to, are the entire agreement between us about the Service and replace any earlier discussions or agreements about it.

16. Governing law

These Terms are governed by the laws of the Republic of Serbia, and the courts of the Republic of Serbia have exclusive jurisdiction over any dispute arising from them, except where mandatory law in your country of residence gives you the right to bring proceedings elsewhere.