Terms of Service

1. Acceptance of Terms

Welcome to Convertss. By accessing or using our AI chatbot and analytics platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users, including visitors, registered users, and customers who access or use the Service.

2. Service Description

Convertss provides:

• AI-powered chatbot integration for websites
• Lead generation and customer engagement tools
• Form tracking and conversion analytics
• Website visitor behavior analysis
• Real-time chat inbox and lead management
• Custom analytics and reporting dashboards
• Integration APIs and webhooks

3. Account Registration and Security

3.1 Registration Requirements

To use our Service, you must:

• Be at least 18 years old or the age of majority in your jurisdiction
• Provide accurate, current, and complete information
• Maintain and update your information to keep it accurate
• Have authority to bind your company to these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of unauthorized access
• Ensuring your team members comply with these Terms

4. Script Integration and Data Collection

4.1 Script Installation

To use our Service, you must install our JavaScript tracking code on your website. By doing so, you grant us permission to:

• Execute code in your website visitors' browsers
• Track user interactions, form submissions, and behavior
• Collect and process visitor data as described in our Privacy Policy
• Display chatbot widgets and interactive elements
• Store cookies and use local storage on visitors' devices

4.2 Your Responsibilities

You agree to:

• Obtain all necessary consents from your website visitors for data collection and tracking
• Comply with all applicable privacy laws (GDPR, CCPA, PIPEDA, etc.)
• Display appropriate privacy notices and cookie banners on your website
• Inform visitors about our tracking and data processing activities
• Not collect sensitive personal data without explicit consent
• Implement our script in accordance with our documentation

4.3 Data Ownership

You retain ownership of your website content and visitor data. You grant us a limited license to:

• Process and analyze data to provide the Service
• Generate insights, reports, and analytics
• Improve our AI models using anonymized data
• Display data in your dashboard and reports

5. Acceptable Use Policy

5.1 Prohibited Activities

You may NOT:

• Use the Service for illegal activities or to violate any laws
• Collect sensitive personal data (health, financial, biometric) without proper consent
• Track children under 16 without parental consent
• Scrape, reverse engineer, or attempt to access our source code
• Interfere with or disrupt the Service or servers
• Use the Service to send spam or malicious content
• Share your account credentials with unauthorized parties
• Remove or modify any proprietary notices or labels
• Use the Service for competitive analysis or to build competing products
• Violate intellectual property rights

5.2 Content Standards

All content you provide must:

• Be accurate and not misleading
• Not violate any third-party rights
• Not contain malware, viruses, or malicious code
• Not promote illegal activities, hate speech, or violence

6. Payment and Subscription

6.1 Pricing

Our pricing plans are available at convertss.com/pricing. We reserve the right to modify pricing with 30 days' notice to existing customers.

6.2 Billing

• Subscriptions are billed in advance on a monthly or annual basis
• All fees are non-refundable except as required by law
• Failed payments may result in service suspension
• You authorize us to charge your payment method automatically
• Taxes are your responsibility unless otherwise stated

6.3 Free Trial

Free trials are subject to terms specified at signup. We may require payment information upfront and will charge you when the trial ends unless you cancel.

7. Cancellation and Termination

7.1 Your Rights

You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period.

7.2 Our Rights

We may suspend or terminate your account if you:

• Violate these Terms or our policies
• Fail to pay fees when due
• Engage in fraudulent or illegal activities
• Pose a security risk to our systems or other users

7.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• We will retain your data for 90 days, then delete it
• You remain liable for all fees incurred before termination
• You must remove our script from your website

8. Intellectual Property Rights

8.1 Our IP

The Service, including all software, code, algorithms, designs, and content, is owned by Convertss and protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable license to use the Service.

8.2 Your IP

You retain all rights to your content, data, and website. You grant us a license to use your data solely to provide the Service.

8.3 Feedback

Any feedback, suggestions, or ideas you provide become our property, and we may use them without compensation or attribution.

9. Warranties and Disclaimers

9.1 Service Availability

We strive for 99.9% uptime but do not guarantee uninterrupted service. We may perform maintenance with or without notice.

9.2 Disclaimer

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 AI Limitations

Our AI chatbot may produce inaccurate or inappropriate responses. You are responsible for monitoring and moderating chatbot interactions with your customers.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONVERTSS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You agree to indemnify and hold harmless Convertss from any claims, damages, losses, or expenses arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Your website content or data collection practices
• Claims by your website visitors regarding privacy violations

12. Data Processing Agreement

When you use our Service, we act as a data processor on your behalf. You act as the data controller responsible for:

• Ensuring lawful basis for data collection
• Obtaining necessary consents from visitors
• Complying with data subject rights requests
• Maintaining accurate privacy notices
• Reporting data breaches as required by law

Our full Data Processing Agreement (DPA) is available upon request for enterprise customers.

13. Regulatory Compliance

You must comply with all applicable laws, including:

• GDPR: If you have EU visitors, comply with EU data protection regulations
• CCPA/CPRA: If you have California visitors, comply with California privacy laws
• CAN-SPAM: For email communications
• TCPA: For SMS/telephone communications
• Accessibility Laws: Ensure your website and our chatbot meet accessibility standards

14. Dispute Resolution

14.1 Governing Law

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

14.2 Arbitration

Any disputes shall be resolved through binding arbitration in accordance with the American Arbitration Association rules. You waive your right to a jury trial and class action.

14.3 Exceptions

Either party may seek injunctive relief in court for intellectual property violations or confidentiality breaches.

15. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes via email or platform notification at least 30 days in advance. Continued use after changes constitutes acceptance.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Convertss
• Severability: If any provision is unenforceable, the remaining provisions remain in effect
• Waiver: Failure to enforce any right does not waive that right
• Assignment: You may not assign these Terms without our consent
• Force Majeure: We are not liable for delays due to circumstances beyond our control

17. Contact Information

For questions about these Terms, contact us at: