Terms of Service
Terms and conditions governing the use of Subsights AI services and platform.
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Introduction & Agreement to Terms
Welcome to Subsights. These Terms of Service ("Terms") govern your access to and use of the Subsights website, our AI-powered chatbot services, software, and applications (collectively, the "Service").
These Terms apply to:- Customers: Businesses or individuals who purchase a subscription to or create an account for our Service to deploy on their own digital properties.
- End-Users: Individuals who interact with our Service (the chatbot) on a Customer's website or application.
- Site Visitors: Individuals who browse our website (subsights.com).
By accessing or using the Service in any capacity, you agree to be bound by these Terms, our Privacy Policy, and our Data Processing Agreement. If you do not agree to these Terms, you may not use the Service.
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The Service & Our Role
Subsights provides a platform that allows our Customers to deploy AI-powered chatbots on their websites and applications to communicate with End-Users.
As detailed in our Privacy Policy, our role differs based on context. When providing the Service on behalf of our Customers, our Customer is the Data Controller, and Subsights is the Data Processor. Our Customers are solely responsible for their use of the Service, including ensuring it complies with all applicable laws and regulations for their business. -
Customer Accounts
To use the Service as a Customer, you must register for an account. You agree to provide accurate, complete information and to keep this information up to date. You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify Subsights immediately of any unauthorized use of your account. -
Subscriptions, Payment, and Termination
4.1. Subscriptions. The Service is offered on a subscription basis. You agree to pay all applicable fees for the subscription plan you select. All fees are non-refundable except as required by law.
4.2. Billing. We will bill you in advance on a recurring basis (e.g., monthly or annually). Your subscription will automatically renew at the end of each billing cycle unless you cancel it through your account management page or by contacting us.
4.3. Termination. You may terminate your account at any time. Subsights may suspend or terminate your access to the Service if you are in breach of these Terms. Upon termination, your right to use the Service will immediately cease, and your data will be handled in accordance with our Data Processing Agreement. -
Data Processing
5.1. Data Processing Agreement (DPA). This Agreement incorporates by reference our Data Processing Agreement, available at https://www.subsights.com/dataprocessingagreeement. The DPA governs our relationship as a data processor for any personal data you provide as a Controller.
5.2. Customer Responsibilities. As the Data Controller, you are responsible for having a lawful basis for collecting and processing End-User data and for complying with all applicable data protection laws in your use of the Service. -
License to Use the Service
Subject to your compliance with these Terms, Subsights grants you (our Customer) a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes for the duration of your subscription. -
Acceptable Use Policy
You agree not to misuse the Service or help anyone else to do so. You agree not to, and not to permit End-Users to, use the Service to:- Engage in, promote, or facilitate any illegal, fraudulent, or harmful activity.
- Generate or disseminate content that is harassing, defamatory, obscene, or hateful.
- Transmit any viruses, malware, or other malicious code.
- Infringe on the intellectual property rights of others.
- Attempt to reverse-engineer, decompile, or discover the source code of the Service.
- Use the Service to build a competitive product or service.
Violation of this policy may result in the suspension or termination of your access to the Service.
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Content and Data
8.1. Customer Data. Our Customers retain all rights to the data, information, and conversation logs generated from their implementation of the Service ("Customer Data"). You grant us a worldwide, non-exclusive license to access, use, process, and display Customer Data as required to provide, maintain, and improve the Service.
8.2. Our Intellectual Property. The Service, its underlying technology, and all its original content (excluding Customer Data), features, and functionality are and will remain the exclusive property of Subsights and its licensors. -
Disclaimer of Warranties and Nature of AI
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. While we strive for a high degree of accuracy, Subsights makes no warranty that the Service will be error-free or that access thereto will be continuous or uninterrupted.
Information provided by the AI-powered chatbot is for informational purposes only and is not legally binding. The AI's responses are generated based on the data provided by our Customer and the capabilities of third-party AI models. Subsights expressly disclaims all liability for any actions taken or not taken based on the content or communications from the Service. Reliance on any information provided by the chatbot is solely at your own risk. -
Limitation of Liability
To the maximum extent permitted by applicable law, in no event shall Subsights, its directors, employees, or partners be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; and (iii) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory. -
Modifications to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes by posting the new Terms on this page and updating the "Last Updated" date. -
Governing Law
These Terms shall be governed and construed in accordance with the laws of the State of Washington, United States, without regard to its conflict of law provisions. -
Contact Us
If you have any questions about these Terms, please contact us at: support@subsights.com -
Indemnification
You agree to indemnify, defend, and hold harmless Subsights, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your infringement of any third-party rights. -
Force Majeure
Subsights shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, or governmental actions. -
Assignment
You may not assign or transfer any rights or obligations under these Terms without Subsights' prior written consent. Subsights may assign or transfer these Terms without restriction. -
Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. -
Entire Agreement
These Terms, along with the Privacy Policy and Data Processing Agreement, constitute the entire agreement between you and Subsights regarding the Service and supersede all prior agreements.