These Terms of Service ("Terms") govern your use of the Chatly.today platform operated by ITS Ross LLC ("we", "us", "our"). By creating an account or using our services, you agree to these Terms.

1. Account Terms

You must be 18 years or older to use this service
You must provide accurate and complete registration information
You are responsible for maintaining the security of your account credentials
You are responsible for all activity that occurs under your account
One person or business may maintain multiple sites

2. Acceptable Use

You agree not to use Chatly.today to:

Engage visitors in deceptive, harmful, or fraudulent conversations
Collect personal data from visitors without appropriate disclosure
Impersonate any person or business
Use the chat widget to distribute spam, malware, or phishing content
Attempt to gain unauthorized access to the platform or other users' data
Train the AI to provide medical, legal, or financial advice without appropriate disclaimers
Violate any applicable laws or regulations

3. AI Chat Responses

Chatly.today uses artificial intelligence to generate chat responses for your website visitors. Regarding AI-generated responses:

No guarantees of accuracy — AI responses may contain errors or inaccuracies. You are responsible for training your AI with correct information through your knowledge base and business profile.
Your responsibility — you are responsible for the quality of AI responses generated for your visitors, including ensuring they comply with applicable regulations in your industry.
Visitor awareness — we recommend disclosing to your visitors that they are chatting with an AI assistant.

4. Chat Widget Embedding

When you embed the Chatly.today widget on your website:

You are the data controller for visitor data collected through the widget
We act as the data processor, handling chat data on your behalf
You are responsible for disclosing the chat widget in your website's privacy policy
The widget loads from our CDN and communicates via secure WebSocket connections
We may display a "Powered by Chatly.today" badge on the widget, which may be removed on eligible paid plans

5. Plans and Usage Limits

Free accounts are subject to monthly message limits and feature restrictions
Paid plans (Starter, Growth) unlock higher limits and additional features
Exceeding plan limits may result in degraded service until the next billing cycle
Trial periods, when offered, convert to paid subscriptions unless cancelled

6. Intellectual Property

Your content — you retain ownership of your knowledge base content, business profile, and chat configurations.
Chat transcripts — conversations between your AI and visitors are yours to access, export, and delete.
Our platform — the Chatly.today platform, widget code, AI models, and branding remain our intellectual property.

7. Payment and Billing

Payments are processed through Stripe and are non-refundable except where required by law
Subscriptions renew automatically unless cancelled before the renewal date
We may change pricing with 30 days notice
Failed payments may result in downgrade to the free tier

8. Service Availability

We strive for high availability but do not guarantee uninterrupted service. Real-time chat depends on WebSocket connectivity which may be affected by network conditions. We are not liable for missed messages or downtime caused by factors beyond our reasonable control.

9. Limitation of Liability

To the maximum extent permitted by law, ITS Ross LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, leads, or business opportunities, arising from your use of the platform or AI-generated responses.

Our total liability for any claim related to the service shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Termination

You may cancel your account at any time through your account settings
We may suspend or terminate accounts that violate these Terms
Upon termination, your chat widget will stop functioning on your website
Your data will be deleted within 30 days unless legally required to retain it

11. Indemnification

You agree to indemnify and hold harmless ITS Ross LLC from any claims, damages, or expenses arising from your use of the platform, AI responses delivered to your visitors, or your violation of these Terms.

12. Governing Law

These Terms are governed by the laws of the State of Arizona, United States. Any disputes shall be resolved in the courts of Maricopa County, Arizona.

13. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by email or through the platform. Continued use after changes constitutes acceptance.

14. Contact

For questions about these Terms, contact us at:

ITS Ross LLC
Email: legal@chatly.today
Arizona, United States