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Terms of Service

Please read these terms carefully before using Qbotly's services.

Last Updated: January 15, 2025

Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of Qbotly's AI-powered chat platform, website, and related services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Service Description

Qbotly provides an AI-powered chat widget platform that enables businesses to engage with website visitors through automated chat conversations. Our Service includes:

  • AI-powered chatbot with natural language processing
  • Real-time chat functionality with website visitors
  • Live agent handoff capabilities
  • Appointment scheduling and calendar integration
  • Conversation analytics and reporting
  • Customization options for branding and behavior
  • File sharing and attachment capabilities
  • Integration with third-party services

User Accounts and Responsibilities

Account Creation

To use certain features of the Service, you must create an account. You must provide accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

Acceptable Use

You agree not to:

  • Use the Service for any illegal purpose or in violation of any laws
  • Violate the rights of others, including intellectual property rights
  • Transmit harmful code, viruses, or malware
  • Attempt to gain unauthorized access to the Service or related systems
  • Interfere with or disrupt the Service or servers
  • Use the Service to send spam or unsolicited communications
  • Impersonate any person or entity
  • Collect or harvest information about other users
  • Use automated systems to access the Service without permission
  • Resell or redistribute the Service without authorization

Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms, is harmful to other users, or is otherwise objectionable. You may terminate your account at any time through your account settings or by contacting us.

Subscription and Payment Terms

Subscription Plans

Qbotly offers various subscription plans with different features and usage limits. Plan details, pricing, and features are available on our pricing page. We reserve the right to modify our plans and pricing at any time, with notice to existing subscribers.

Billing and Payments

  • Subscriptions are billed in advance on a monthly or annual basis
  • Payments are processed through secure third-party payment processors
  • You authorize us to charge your payment method on file
  • All fees are non-refundable except as required by law
  • Failed payments may result in service suspension or termination
  • You are responsible for all applicable taxes

Free Plan

We offer a free plan that provides access to basic features with usage limitations (e.g., 100 chats per month). The free plan has no time limit and requires no credit card. You can upgrade to a paid subscription at any time to unlock additional features and higher usage limits. Free plans are subject to our fair use policy.

Cancellation and Refunds

You may cancel your subscription at any time. Cancellations take effect at the end of your current billing period. We do not provide refunds for partial subscription periods, except:

  • When required by applicable law
  • In cases of extended service outages caused by us
  • At our sole discretion on a case-by-case basis

Intellectual Property Rights

Our Intellectual Property

The Service, including all content, features, and functionality, is owned by Qbotly and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of our Service without our prior written consent.

Your Content

You retain ownership of any content you upload, submit, or transmit through the Service ("Your Content"). By submitting Your Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display Your Content solely to provide and improve the Service. You represent that you have all necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

Feedback

If you provide us with feedback or suggestions about the Service, we may use that feedback without any obligation to you.

Disclaimers and Limitations of Liability

Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, QBOTLY SHALL NOT BE LIABLE FOR:

  • Indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, revenue, data, or business opportunities
  • Damages arising from your use or inability to use the Service
  • Damages arising from third-party content or conduct

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

Indemnification

You agree to indemnify and hold harmless Qbotly, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

Dispute Resolution and Governing Law

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Arbitration Agreement

Any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Delaware, and judgment on the award may be entered in any court of competent jurisdiction.

Class Action Waiver

You agree to resolve disputes with us on an individual basis and waive your right to participate in class action lawsuits or class-wide arbitration.

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on our website
  • Updating the "Last Updated" date
  • Sending email notifications for significant changes

Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms. If you do not agree to the changes, you must stop using the Service and cancel your account.

General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Qbotly.

Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.

Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

Force Majeure: We shall not be liable for any failure to perform due to circumstances beyond our reasonable control.

Questions About These Terms?

If you have any questions about these Terms of Service, please contact our legal team:

Company Information:

Lipsum Tech LLC

Qbotly - AI-Powered Chat Platform

Registered Agent:

Registered Agents Inc

30 N Gould St Ste R

Sheridan, WY 82801

Principal Office & Mailing Address:

Lipsum Tech LLC

30 N Gould St #46358

Sheridan, WY 82801

United States

Email: legal@qbotly.com

For privacy-related inquiries, please see our Privacy Policy.