Terms of Service

1. Introduction and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "User") and AESCULAP Praha s.r.o., IČO: 47535202, VAT: CZ47535202, with its registered office at Vodičkova 791/41, Nové Město (Praha 1), 110 00 Praha, Czech Republic ("ChatbotIQ", "we", "us"), governing your access to and use of the ChatbotIQ platform available at chatbotiq.eu and app.chatbotiq.eu (the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use the Service.

2. Service Description

ChatbotIQ is an AI-powered chatbot platform that enables you to create intelligent assistants built from your documentation and web content. The Service includes:

• Automated crawling and discovery of web pages from URLs you provide
• Content indexing, embedding generation, and vector storage
• AI-powered retrieval-augmented generation (RAG) to answer questions with source citations
• Embeddable chat widgets for your website or application
• A dashboard for managing bots, knowledge sources, analytics, and team members

The Service relies on third-party AI models and infrastructure providers. While we strive to maintain high availability and quality, the specific models, features, and capabilities of the Service may evolve over time.

3. Account Registration

To use the Service, you must create an account. When registering, you agree to:

• Be at least 16 years of age (in accordance with the GDPR age of digital consent)
• Provide accurate, current, and complete registration information
• Maintain the security and confidentiality of your account credentials
• Promptly notify us of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

We reserve the right to suspend or terminate accounts that contain inaccurate information or that we reasonably believe are being used in violation of these Terms.

4. Subscription Plans and Billing

ChatbotIQ offers subscription plans with varying features and usage limits. Current plans and pricing are available on our Pricing page. We reserve the right to modify plans and pricing at any time with at least 30 days' advance notice.

Payment processing. All payments are processed securely through Stripe. By subscribing to a paid plan, you authorize us to charge your designated payment method on a recurring basis (monthly or annually, depending on your selected billing cycle).

Auto-renewal. Paid subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. You may cancel your subscription at any time through the Service dashboard.

Cancellation. Cancellation takes effect at the end of your current billing period. You will retain access to paid features until that date. We do not provide prorated refunds for partial billing periods.

Free plan. The free plan is provided at our discretion and may be modified or discontinued at any time. Free plan users are subject to usage limits as described on the Pricing page.

5. User Content and Ownership

Your content. You retain all intellectual property rights in the content you submit to, upload to, or make available through the Service ("User Content"), including the URLs you provide for crawling and the website content indexed through those URLs.

License grant. By using the Service, you grant ChatbotIQ a non-exclusive, worldwide, royalty-free license to process, index, store, embed, and otherwise use your User Content solely for the purpose of providing and improving the Service to you. This license terminates when you delete your content or close your account, subject to reasonable technical delays and our data retention practices.

Your responsibility. You represent and warrant that you have the necessary rights and permissions to submit all User Content to the Service, and that your User Content does not infringe upon any third-party intellectual property rights, privacy rights, or applicable laws. You are solely responsible for ensuring you have authorization to crawl and index any websites you add as knowledge sources.

No training on your data. We do not use your User Content to train general-purpose AI models. Your content is processed solely to provide the Service to you, including generating embeddings and retrieving answers for your chatbots.

6. AI-Generated Output

The Service uses artificial intelligence to generate responses based on your indexed content. You acknowledge and agree that:

• AI-generated outputs may be inaccurate, incomplete, or misleading, even when source citations are provided
• You should not rely on AI-generated outputs without independent verification, particularly for critical decisions
• AI outputs do not constitute professional, legal, medical, financial, or any other form of specialized advice
• You are responsible for reviewing and validating all AI-generated content before acting on it or distributing it to others

ChatbotIQ does not guarantee the accuracy, completeness, or reliability of any AI-generated output.

7. Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party rights
• Crawl or index websites for which you do not have authorization
• Circumvent rate limits, usage quotas, or other technical restrictions of the Service
• Distribute malware, viruses, or any other harmful code through the Service
• Engage in fraudulent, deceptive, or misleading activities
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service
• Resell, sublicense, or redistribute access to the Service without our prior written consent
• Use the Service to develop a competing product or service
• Transmit content that is unlawful, harmful, threatening, abusive, defamatory, or otherwise objectionable

We reserve the right to suspend or terminate your access to the Service if we determine, at our sole discretion, that you have violated these acceptable use provisions.

8. Intellectual Property

The Service, including its design, features, functionality, software, documentation, branding, and all related intellectual property, is and remains the exclusive property of ChatbotIQ and its licensors. These Terms do not grant you any right, title, or interest in the Service except for the limited right to use it in accordance with these Terms.

Any feedback, suggestions, or ideas you provide regarding the Service may be used by us without restriction or obligation to you.

9. Data Processing and Privacy

Our collection and use of personal data in connection with the Service is described in our Privacy Policy, which is incorporated into these Terms by reference.

We process personal data in compliance with the General Data Protection Regulation (GDPR) and other applicable data protection laws. If you use the Service to process personal data of your own end users, you are responsible for ensuring that you have a lawful basis for doing so and for providing any required notices or obtaining any required consents.

10. Disclaimers

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

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that any defects will be corrected. We do not warrant the accuracy, completeness, or reliability of any content generated by or made available through the Service.

Nothing in these Terms excludes or limits any warranty or consumer right that cannot be excluded or limited under applicable law, including mandatory consumer protections under EU law.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL CHATBOTIQ, ITS DIRECTORS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CHATBOTIQ DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED EUROS (EUR 100), WHICHEVER IS GREATER.

These limitations apply regardless of the legal theory on which the claim is based. Nothing in this section excludes or limits liability for fraud, gross negligence, intentional misconduct, death, or personal injury caused by negligence, or any other liability that cannot be excluded under applicable law.

12. Termination

By you. You may terminate your account at any time by contacting us or using the account deletion feature in the Service dashboard. Termination does not entitle you to a refund of any prepaid fees.

By us. We may suspend or terminate your access to the Service at any time if you materially breach these Terms, with or without notice depending on the severity of the breach. We may also terminate the Service or your account for any reason with at least 30 days' prior notice.

Effect of termination. Upon termination, your right to access the Service ceases immediately. We will retain your data for 30 days following termination to allow you to export your content. After this period, we may delete your data in accordance with our Privacy Policy.

Sections that by their nature should survive termination (including Disclaimers, Limitation of Liability, and Governing Law) will continue to apply after termination.

13. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the European Union as generally applicable, including the GDPR and other relevant EU regulations.

If you are a consumer within the European Economic Area (EEA), you benefit from any mandatory provisions of the consumer protection laws of your country of residence. Nothing in these Terms affects your rights as a consumer to rely on such mandatory provisions.

In the event of a dispute, we encourage you to contact us first at [email protected] to seek an amicable resolution. If a dispute cannot be resolved informally, it shall be submitted to the competent courts, with EU consumers retaining the right to bring proceedings in the courts of their country of residence.

14. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you at least 30 days before the changes take effect by email or through a prominent notice within the Service.

Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account.