Chat-Native Terms of Service

Effective date: 10 October 2024
Chat-Native by Plinkbio AI Lab

These Terms of Service (“Terms”) form a binding agreement between you (“Customer”, “you”, or “your”) and Plinkbio AI Lab, Inc., doing business as Chat-Native (“Chat-Native”, “we”, or “us”). These Terms govern your access to and use of the Chat-Native conversational commerce platform, APIs, content, and related services (collectively, the “Service”). By accessing or using the Service, you agree to these Terms.

Summary. Chat-Native is an enterprise SaaS platform that powers AI shopping and support agents. To deliver the Service we rely on your authorized data feeds, supporting systems, and collaboration. These Terms describe how accounts are created, how we handle data, how fees are billed, and what happens if either party needs to suspend or terminate use.

1. Eligibility & Account Registration

You must be at least 18 years old and authorized to accept these Terms on behalf of your company.
Account information must be accurate and kept up to date. Administrative users control role-based access within your organization.
You are responsible for safeguarding credentials and for all activity under your accounts.

2. The Service

2.1 Platform Capabilities

The Service includes AI agent orchestration, conversational storefront experiences, dashboard tooling, APIs, SDKs, documentation, and implementation assistance. We may introduce new modules or retire legacy functionality with reasonable notice.

2.2 Customer Responsibilities

Provide accurate product, catalog, policy, and support data necessary to power agent responses.
Maintain required third-party integrations (e.g., commerce platforms, CRM, ticketing, messaging channels).
Comply with all applicable laws and platform policies governing AI, marketing, and data privacy.

2.3 Acceptable Use

You may not use the Service to infringe intellectual property, transmit malicious code, engage in fraudulent or deceptive practices, or process data without proper authorization. We may suspend access to protect the Service or other customers.

3. Fees & Payment

Unless otherwise stated in an Order Form, billing is month-to-month with payment due within 30 days of invoice.
Usage-based modules (conversation volume, API calls, seats) are billed in arrears and detailed in your invoice.
Late payments may incur finance charges or suspension. You remain responsible for applicable taxes, excluding our income taxes.

4. Data & Privacy

4.1 Customer Data

You retain all rights in the data you upload or connect to the Service (“Customer Data”). You grant Chat-Native a worldwide, non-exclusive license to host, process, and analyze Customer Data solely to provide and improve the Service.

4.2 Analytical Insights

We may generate anonymized, aggregated insights derived from Service usage. These insights do not identify you or your end users and may be used to improve our platform.

4.3 Data Processing Addendum

Where required by law, our Data Processing Addendum (“DPA”) governs the handling of personal data on your behalf. By executing an Order Form or enabling regulated data flows, you agree to the DPA available from your account representative.

5. Confidentiality & Security

Both parties will protect the other’s confidential information using industry-standard safeguards.
We maintain administrative, physical, and technical measures designed to protect the Service. Security documentation is available under NDA.
You must promptly notify us of any misuse, breach, or suspected unauthorized disclosure involving the Service.

6. Warranties, Disclaimers & Limitation of Liability

We warrant that the Service will materially conform to the documentation. Your sole remedy for breach of this warranty is re-performance or, if we cannot cure, a prorated refund of prepaid fees.
Except as stated, the Service is provided “as is” without implied warranties. No advice or information will create additional warranties.
Neither party is liable for indirect, incidental, special, or consequential damages. Our total liability to you for all claims in any 12-month period is limited to the fees paid during that period.

7. Indemnification

7.1 By Chat-Native

We will defend and indemnify you against claims alleging that the Service infringes a third party’s intellectual property rights, provided you notify us promptly and cooperate in the defense. If infringement is alleged, we may modify the Service or terminate the impacted functionality with a refund of prepaid fees.

7.2 By Customer

You will defend and indemnify Chat-Native against claims arising from Customer Data, your breach of these Terms, or use of the Service in violation of law.

8. Suspension & Termination

Either party may terminate for convenience with 30 days’ written notice, unless otherwise stated in an Order Form.
Either party may terminate immediately for material breach not cured within 15 days of written notice.
Upon termination, we will make Customer Data available for export for 30 days and then delete or anonymize it, except where retention is required by law.

9. Compliance & Export

You will comply with all trade and export control laws. You represent that neither you nor your affiliates are barred from receiving US exports or are located in embargoed countries.

10. Modifications

We may update these Terms to reflect product changes or legal requirements. Material changes will be communicated via email or in-product notice at least 30 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, excluding conflict of law rules. Any dispute will be resolved in the state or federal courts located in San Francisco County, California, and each party consents to that jurisdiction.

12. Contact

For questions about these Terms, contact your Chat-Native account team or email legal@chat-native.com.