Terms of Service

Last updated: January 25, 2025

Welcome to ChatNest. These Terms of Service ("Terms") govern your access to and use of the ChatNest platform, services, and website (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. The Service

ChatNest provides a cloud-based artificial intelligence platform that enables customers to build, train, and deploy AI-powered support agents for their businesses ("Service"). The Service includes access to our web application, APIs, documentation, and related tools.

Ownership of Content. You retain all rights to the content, data, and materials you upload to or create using the Service ("User Content"). ChatNest does not claim ownership of your User Content. However, by using the Service, you grant ChatNest a limited, non-exclusive license to process, store, and display your User Content solely as necessary to provide the Service to you.

ChatNest Intellectual Property. The Service, including all software, algorithms, designs, documentation, and other materials created by ChatNest, remains the exclusive property of ChatNest. Your subscription grants you a limited right to access and use the Service, not ownership of any underlying technology or intellectual property.

Account Responsibility. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account. You agree to notify ChatNest immediately of any unauthorized use of your account.

2. Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or disassemble any part of the Service
  • Use the Service to develop a competing product or service
  • Resell, sublicense, or commercially exploit the Service without authorization
  • Use the Service for any illegal, harmful, or fraudulent activities
  • Upload or transmit malware, viruses, or other malicious code
  • Attempt to gain unauthorized access to the Service or its systems
  • Interfere with or disrupt the integrity or performance of the Service
  • Use the Service to harass, abuse, or harm others
  • Violate any applicable laws, regulations, or third-party rights

ChatNest reserves the right to suspend or terminate your access to the Service if we reasonably believe you have violated these Terms or engaged in conduct that may harm ChatNest, other users, or third parties.

3. Third-Party Services

The Service may integrate with or allow you to connect to third-party services, applications, or websites ("Third-Party Services"). Your use of Third-Party Services is subject to separate terms and conditions between you and the third-party provider.

ChatNest does not control, endorse, or assume responsibility for any Third-Party Services. We are not liable for any damages, losses, or issues arising from your use of Third-Party Services. You acknowledge that your use of Third-Party Services is at your own risk.

4. Fees and Payment

Subscription Fees. Access to certain features of the Service requires a paid subscription. Subscription fees are billed in advance on a monthly or annual basis, depending on your selected plan. All fees are non-refundable except as expressly stated in these Terms.

Payment. You agree to provide accurate and complete payment information. By subscribing to a paid plan, you authorize ChatNest to charge your payment method for all applicable fees. Payments are processed through secure third-party payment processors.

Price Changes. ChatNest may modify subscription fees at any time. We will provide you with reasonable notice of any price changes. If you do not agree to the new fees, you may cancel your subscription before the next billing cycle.

Billing Disputes. If you believe there is an error in your billing, you must contact us within 60 days of the charge. Failure to notify us within this period constitutes acceptance of the charge.

5. Term and Termination

Term. These Terms remain in effect until terminated by either party. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

Termination by You. You may cancel your subscription at any time through your account settings or by contacting us. Cancellation will take effect at the end of your current billing period. You will retain access to the Service until that date.

Termination by ChatNest. We may terminate or suspend your access to the Service immediately, without prior notice, if you breach these Terms. For other reasons, we will provide 30 days' notice before termination.

Effect of Termination. Upon termination, your right to use the Service will immediately cease. We may delete your User Content and account data within 30 days of termination. You may request an export of your data before termination.

6. Warranties and Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, CHATNEST DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

ChatNest does not warrant that the Service will be uninterrupted, error-free, or secure. We do not guarantee any specific results from using the Service. AI-generated responses may not always be accurate, complete, or appropriate for your specific use case.

You are solely responsible for evaluating the suitability of the Service for your needs and for any decisions or actions taken based on AI-generated content.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CHATNEST SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.

IN NO EVENT SHALL CHATNEST'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE EXCEED THE TOTAL AMOUNT OF FEES PAID BY YOU TO CHATNEST DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability shall be limited to the maximum extent permitted by law.

8. Confidentiality

Confidential Information. Each party may have access to confidential information of the other party. "Confidential Information" includes any non-public information disclosed by one party to the other that is designated as confidential or should reasonably be understood to be confidential.

Protection. Each party agrees to protect the other's Confidential Information using the same degree of care it uses to protect its own confidential information, but no less than reasonable care. Neither party will disclose the other's Confidential Information to third parties except as necessary to provide or use the Service.

Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is required to be disclosed by law.

9. Data and Privacy

Your Data. You retain ownership of all User Content you upload to the Service. We process your data only as necessary to provide the Service and as described in our Privacy Policy.

Data Processing. By using the Service, you grant ChatNest a non-exclusive license to process, store, and use your User Content solely for the purpose of providing and improving the Service. We will not sell your data to third parties.

Aggregated Data. ChatNest may collect and use aggregated, anonymized data derived from your use of the Service for analytics, research, and service improvement purposes. Such data will not identify you or any individual.

Privacy Policy. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. General Provisions

Modifications. ChatNest may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website or by email. Your continued use of the Service after such changes constitutes acceptance of the updated Terms.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Dispute Resolution. Any disputes arising out of or related to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in Delaware, and the arbitrator's decision shall be final and binding.

Severability. If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Waiver. The failure of ChatNest to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Entire Agreement. These Terms, together with our Privacy Policy, constitute the entire agreement between you and ChatNest regarding the Service and supersede all prior agreements and understandings.

Assignment. You may not assign or transfer these Terms without ChatNest's prior written consent. ChatNest may assign these Terms without restriction.

Force Majeure. ChatNest shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, or internet outages.

11. Contact Us

If you have any questions about these Terms of Service, please contact us at:

Email: legal@chatnest.io