Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and HelloChippy ("HelloChippy," "we," "us," or "our") regarding your use of the HelloChippy AI assistant software service (the "Service") available at hellochippy.com and app.hellochippy.com.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. Description of Service

HelloChippy provides an AI-powered customer service assistant that:

• Answers customer inquiries on your website
• Books appointments automatically
• Integrates with calendar systems
• Learns your business information
• Provides analytics and conversation tracking

The Service is provided on a subscription basis with different pricing tiers based on usage.

3. Eligibility

To use the Service, you must:

• Be at least 18 years old
• Have the legal capacity to enter into binding contracts
• Operate a legitimate business
• Provide accurate registration information
• Comply with all applicable laws and regulations

We reserve the right to refuse service to anyone for any reason at any time.

4. Account Registration

4.1 Account Creation

To use the Service, you must:

• Create an account at app.hellochippy.com with accurate information
• Provide a valid email address
• Choose a secure password
• Provide business information for AI training

4.2 Account Security

You are responsible for:

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

We are not liable for any loss or damage from unauthorized account access due to your failure to maintain security.

4.3 Account Information

You agree to:

• Provide accurate, current, and complete information
• Update information promptly when it changes
• Not impersonate others or provide false information
• Not create multiple accounts to circumvent restrictions

5. Subscription Plans and Billing

5.1 Pricing Plans

Available Plans:

• Starter: $49/month (100 conversations, 1 location, 1 user)
• Growth: $99/month (500 conversations, 3 locations, 3 users)
• Advanced: $249/month (1,500 conversations, 5+ locations, 5+ users)

Add-ons:

• Extra conversations: $0.50 per conversation over limit
• Additional locations: $25/month
• Additional users: $15/month
• Additional calendars: $20/month

5.2 Free Trial

New customers receive a 14-day free trial:

• No credit card required to start trial
• Full access to all features during trial
• Trial converts to paid plan unless canceled
• Only one free trial per business

5.3 Billing and Payment

Payment Terms:

• Subscriptions billed monthly in advance
• Payments processed securely through Stripe
• You authorize automatic monthly charges
• All fees are in USD or CAD
• Prices subject to change with 30 days notice

Payment Methods:

• Credit card (Visa, Mastercard, American Express)
• Debit card
• Other methods accepted by Stripe

Failed Payments:

• Service may be suspended if payment fails
• You have 7 days to update payment information
• Account may be terminated after 30 days of non-payment

5.4 Usage Limits and Overage

Conversation Limits:

• Plans include specified monthly conversation limits
• Overages charged at $0.50 per conversation
• You'll receive notifications at 80% and 100% of limit
• You can upgrade plan anytime to avoid overages

Fair Use Policy:

• Service intended for normal business use
• Excessive or abusive use may result in suspension
• We reserve the right to throttle or limit service for abuse

5.5 Refunds

14-Day Money-Back Guarantee:

• Full refund if you cancel within 14 days of first payment
• Request refund by contacting support
• Applies to first month only

After 14 Days:

• No refunds for partial months
• Service continues until end of billing period after cancellation
• No refunds for unused conversation credits

5.6 Plan Changes

Upgrades:

• Take effect immediately
• Prorated charge for remaining month

Downgrades:

• Take effect at next billing cycle
• No refunds for current billing period

5.7 Taxes

You are responsible for all applicable taxes (sales tax, VAT, GST, etc.) associated with your use of the Service. Taxes may be added to your invoice where required by law.

6. Acceptable Use Policy

6.1 Permitted Use

You may use the Service to:

• Automate customer inquiries for your legitimate business
• Book appointments with customers
• Provide information about your products or services
• Improve customer service efficiency

6.2 Prohibited Use

You may NOT use the Service to:

Illegal Activities:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Facilitate fraud or deceptive practices
• Engage in money laundering or terrorism financing

Harmful Content:

• Promote violence, hatred, or discrimination
• Distribute malware or viruses
• Engage in harassment or bullying
• Share sexually explicit or child exploitation content

Service Abuse:

• Reverse engineer or decompile the Service
• Attempt to gain unauthorized access
• Interfere with service operations
• Use automated tools to extract data
• Resell or redistribute the Service
• Use the Service for spamming

Restricted Industries (without prior approval):

• Adult entertainment
• Gambling or online casinos
• Pharmaceutical sales
• Weapons or explosives
• Tobacco or cannabis products
• Multi-level marketing schemes
• Cryptocurrency trading
• Payday lending

We reserve the right to suspend or terminate accounts engaged in prohibited activities.

7. Intellectual Property Rights

7.1 HelloChippy's IP

We own all rights to:

• The HelloChippy platform and software
• AI models and algorithms
• Trademarks, logos, and branding
• Website content and documentation
• Service improvements and updates

You receive a limited, non-exclusive, non-transferable license to use the Service during your subscription.

7.2 Your Content

You retain ownership of:

• Your business information and training data
• Uploaded documents and materials
• Your branding (logo, colors)
• Customer conversation data

By using the Service, you grant us a license to:

• Process your content to provide the Service
• Store and display your content as necessary
• Use anonymized, aggregated data for service improvement

We do not use your specific conversations to train public AI models.

7.3 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them freely without compensation or attribution.

8. Data Privacy and Security

8.1 Data Processing

We process your data in accordance with our Privacy Policy. By using the Service, you consent to our data practices as described in the Privacy Policy.

8.2 Data Ownership

You own your data:

• Business information
• Customer conversations
• Calendar data
• Analytics

You can export your data at any time from app.hellochippy.com.

8.3 Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security. You acknowledge that:

• Internet transmission is never completely secure
• You use the Service at your own risk
• We are not liable for security breaches beyond our control

9. Service Availability and Support

9.1 Uptime

Service Availability:

• We strive for 99.9% uptime (Advanced plan SLA)
• Scheduled maintenance will be announced in advance
• Emergency maintenance may occur without notice

We do not guarantee uninterrupted service and are not liable for downtime due to:

• Third-party service failures (cloud hosting, APIs)
• Natural disasters or force majeure events
• Cyberattacks or security incidents
• Your internet connectivity issues

9.2 Support

Support Response Times:

• Starter: Email support (24-48 hours)
• Growth: Priority email + chat (4-8 hours)
• Advanced: Dedicated manager (2-4 hours)

Support does not include:

• Custom development or coding
• Training beyond standard onboarding
• Third-party integration support
• Website or business consulting

10. Third-Party Integrations

10.1 Calendar Services

The Service integrates with third-party calendar providers (Google, Outlook, Apple). You are responsible for:

• Maintaining valid credentials
• Complying with third-party terms of service
• Any issues arising from calendar service outages

10.2 AI Services

We use Google Gemini API for AI processing. Your use is subject to Google's terms and policies for API services.

10.3 Payment Processing

Payments are processed by Stripe. Your payment information is subject to Stripe's terms and privacy policy. We do not store full credit card numbers.

We are not responsible for third-party service failures or changes to their terms.

11. Limitations of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy or reliability
• Uninterrupted or error-free operation

11.2 Limitation of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

We are NOT liable for:

• Lost profits or revenue
• Lost business opportunities
• Data loss or corruption
• Indirect, incidental, or consequential damages
• Damages exceeding amounts paid to us in the 12 months prior to the claim

Our total liability is limited to the amount you paid us in the 12 months before the claim arose.

11.3 AI Accuracy

We do not guarantee:

• 100% accurate AI responses
• Customers will be satisfied with AI interactions
• AI will never make mistakes or provide incorrect information
• AI will handle every customer situation perfectly

You are responsible for:

• Monitoring AI conversations
• Correcting inaccurate responses
• Following up with customers when needed
• Ensuring AI responses comply with your industry regulations

12. Indemnification

You agree to indemnify, defend, and hold harmless HelloChippy and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any laws or third-party rights
• Content you provide or upload
• Your customer interactions through the Service

13. Termination

13.1 Termination by You

You may cancel your subscription at any time:

• Cancel through your account dashboard at app.hellochippy.com
• Email support@hellochippy.com
• Effective at end of current billing period
• No refunds for unused time (except 14-day guarantee)

13.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You engage in prohibited activities
• Your payment fails and is not resolved within 30 days
• We discontinue the Service (with 60 days notice)
• Required by law or court order

13.3 Effect of Termination

Upon termination:

• Your access to the Service ends immediately
• You lose access to all data after 90 days
• Outstanding fees become immediately due
• You must stop using HelloChippy branding
• Provisions that should survive (liability, indemnification) remain in effect

13.4 Data After Termination

You have 90 days to:

• Export your conversation logs
• Download your analytics
• Retrieve your business data

After 90 days, all data is permanently deleted.

14. Modifications to Service and Terms

14.1 Service Changes

We reserve the right to:

• Add, modify, or remove features
• Change pricing with 30 days notice
• Update AI capabilities
• Discontinue the Service (with 60 days notice)

We will notify you of material changes via email or in-app notification.

14.2 Terms Changes

We may update these Terms at any time:

• Changes posted at hellochippy.com/terms with new "Last Updated" date
• Material changes require your acceptance
• Continued use after changes constitutes acceptance

If you disagree with changes, you must cancel your subscription.

15. Dispute Resolution

15.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@hellochippy.com and attempt to resolve the dispute informally for at least 30 days.

15.2 Arbitration

Any disputes will be resolved through binding arbitration, NOT court litigation:

• Arbitration conducted in Toronto, Ontario, Canada
• Governed by Canadian arbitration laws
• Each party bears own costs
• Arbitrator's decision is final and binding

You waive the right to:

• Jury trial
• Class action lawsuits
• Public court proceedings

15.3 Exceptions

Arbitration does not apply to:

• Small claims court disputes (under $25,000 CAD)
• Intellectual property claims
• Injunctive relief requests

16. Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Jurisdiction: Courts in Toronto, Ontario, Canada (except where arbitration applies).

17. General Provisions

17.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and HelloChippy regarding the Service.

17.2 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions continue in full force.

17.3 Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

17.4 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any successor or affiliate.

17.5 Force Majeure

We are not liable for failure to perform due to circumstances beyond our reasonable control (natural disasters, war, pandemics, internet outages, third-party service failures).

17.6 Notices

Legal notices must be sent to:

• Email: legal@hellochippy.com
• Website: hellochippy.com

We will send notices to the email address associated with your account.

17.7 Language

These Terms are written in English. Any translations are for convenience only. The English version governs in case of conflict.

18. Contact Information

For questions about these Terms: