Terms of Service
Last updated: [DATE] · Effective: [DATE]
These Terms of Service ("Terms") govern your access to and use of the Talkimi website at talkimi.ai and the Talkimi service (together, the "Service"), provided by [COMPANY NAME], [LEGAL FORM], registered at [REGISTERED ADDRESS], Company ID: [COMPANY ID] ("Talkimi", "we", "us").
By creating an account or using the Service you ("Customer", "you") agree to these Terms. If you don't agree, don't use the Service.
1. Eligibility and account
You must be at least 18 years old and legally able to enter into a binding contract. If you use the Service on behalf of an organization, you confirm you are authorized to bind that organization.
You are responsible for the security of your credentials and for all activity under your account. Notify us immediately of any unauthorized use.
2. The Service
Talkimi is an AI-powered chatbot platform designed to handle customer support conversations. The exact functionality is described on our website and in our documentation and may evolve over time.
We reserve the right to improve, modify, add, or remove features. Material changes that reduce functionality of a paid plan will be announced in advance.
3. Plans, fees, and payment
- Pricing is listed on our pricing page. All prices are exclusive of applicable VAT / sales tax unless stated otherwise.
- Paid plans renew automatically at the end of each billing period until canceled.
- Fees are charged in advance. Usage-based overages (e.g. extra conversations) are billed in arrears.
- Payments are processed by [e.g. Stripe]. You authorize us to charge the payment method you provide.
- Except where required by law, fees are non-refundable.
- We may change pricing with at least [30] days' notice; changes apply to the next billing cycle.
4. Free plan and trials
Free plans and trials are provided "as is" and may be discontinued or changed at any time. Usage limits and restrictions apply as indicated on the pricing page.
5. Customer data and content
You retain all rights in the data and materials you upload ("Customer Data"). You grant us a limited, worldwide, non-exclusive license to host, process, and transmit Customer Data solely for the purpose of providing the Service.
You are responsible for ensuring you have the necessary rights and legal basis to upload Customer Data and to process end-users' personal data through the Service. A Data Processing Agreement (DPA) is available on request at privacy@talkimi.ai.
6. Acceptable use
You agree not to:
- Use the Service to violate any law or third-party right.
- Upload or generate content that is illegal, harmful, defamatory, infringing, or violates privacy.
- Attempt to reverse-engineer, decompile, or extract the underlying models or source code.
- Use the Service to build a competing product or benchmark against us without written consent.
- Circumvent usage limits or security measures.
- Send spam, malware, or engage in fraudulent activity.
- Overload the infrastructure with abusive requests.
We may suspend or terminate accounts that violate this section, with or without notice.
7. AI-generated output
The Service uses large language models to generate responses. Output can be inaccurate, incomplete, or biased and should not be relied upon as professional advice. You are responsible for reviewing output before acting on it or presenting it to end-users as authoritative.
8. Intellectual property
The Service, including software, designs, text, trademarks, and logos, is owned by Talkimi or its licensors. Nothing in these Terms transfers ownership to you. You receive only a limited, non-exclusive, non-transferable right to use the Service during the term.
9. Feedback
If you send us suggestions or feedback, we may use them without restriction or compensation.
10. Confidentiality
Each party agrees to keep the other's non-public information confidential and to use it only to perform under these Terms.
11. Warranties and disclaimers
The Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI output will be accurate.
12. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, or data.
Our total aggregate liability under these Terms will not exceed the fees you paid to us in the 12 months preceding the event giving rise to the claim.
13. Indemnification
You agree to indemnify and hold us harmless from any claim arising out of your Customer Data, your use of the Service in violation of these Terms, or your violation of any law or third-party right.
14. Term and termination
These Terms apply as long as you use the Service. You can cancel anytime in your account settings. We may suspend or terminate the Service for material breach, non-payment, or as required by law, with or without notice depending on the circumstances. Upon termination, your right to use the Service ends and we may delete Customer Data after a reasonable grace period.
15. Governing law and disputes
These Terms are governed by the laws of [JURISDICTION, e.g. Slovakia], without regard to conflict-of-law rules. Disputes will be resolved by the competent courts of [CITY, COUNTRY], unless mandatory consumer protection laws provide otherwise.
16. Changes to these Terms
We may update these Terms from time to time. Material changes will be announced at least [30] days in advance by email or via the Service. Continued use after the effective date constitutes acceptance.
17. Miscellaneous
- Entire agreement: These Terms, together with our Privacy Policy and any DPA, form the entire agreement between us.
- Severability: If any provision is unenforceable, the rest remains in effect.
- No waiver: Failure to enforce any provision is not a waiver.
- Assignment: You may not assign these Terms without our consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Force majeure: Neither party is liable for delays or failures caused by events beyond reasonable control.
18. Contact
Questions about these Terms? Email hello@talkimi.ai.