Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "Customer") and Modern Operator ("we," "us," or "Company"), the company behind Modern Chatbot. By accessing or using the Modern Chatbot platform, website, application, or any related services (collectively, the "Service"), you agree to be bound by these Terms.

If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, do not use the Service.

2. Description of Service

Modern Chatbot is a cloud-based software platform that enables businesses to:

• Build and deploy AI-powered chatbots using a visual flow builder and/or AI mode
• Capture and manage leads from website visitors
• Integrate chatbot data with third-party services (Google Sheets, Zapier, Make.com, GoHighLevel, webhooks, email, and others)
• Customize chatbot appearance, behavior, and branding
• Access analytics, conversation logs, and lead management tools

We may update, modify, or discontinue features of the Service at any time. We will provide reasonable notice for material changes that affect your use of the platform.

3. Account Registration

• You must provide accurate, complete, and current information when creating an account.
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You must notify us immediately at [email protected] if you suspect unauthorized access to your account.
• You must be at least 18 years of age to create an account and use the Service.
• We reserve the right to suspend or terminate accounts that violate these Terms or that we reasonably believe are being used fraudulently.

4. Subscription Plans and Payments

4.1 Plans and Pricing

The Service is offered through subscription plans (including Starter, Pro, and Agency tiers). Current pricing and plan features are displayed on our website and may change from time to time. We will notify you at least 30 days in advance of any pricing changes that affect your current subscription.

4.2 Billing

• Subscriptions are billed on a recurring basis (monthly or annually, as selected) and are charged in advance.
• You authorize us to charge the payment method on file for all applicable fees.
• Failed payments may result in service suspension until the balance is resolved.

4.3 Cancellation and Refunds

• You may cancel your subscription at any time from your account dashboard. Cancellation takes effect at the end of your current billing period.
• We do not provide prorated refunds for partial billing periods unless required by applicable law.
• Upon cancellation, your chatbots will stop functioning on external websites, but you will retain access to your dashboard data for 30 days to export any information you need.

4.4 Free Trials

If we offer a free trial, you may use the Service during the trial period at no charge. At the end of the trial, your account will be converted to a paid subscription unless you cancel before the trial expires. We will notify you before any charges are applied.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Use the Service for any unlawful, fraudulent, deceptive, or harmful purpose
• Create chatbots that impersonate real individuals, government entities, or emergency services without authorization
• Distribute malware, spam, phishing content, or any harmful material through your chatbot
• Collect personal information from minors without verifiable parental consent
• Use the Service to harass, threaten, defame, or discriminate against any person or group
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any part of the Service or other users' accounts
• Reverse-engineer, decompile, or disassemble any part of the Service
• Resell or redistribute the Service except as expressly permitted under an Agency or white-label plan
• Exceed the usage limits of your subscription plan through automated or abusive means
• Use the Service in any manner that could damage, disable, overburden, or impair the Service

We reserve the right to investigate violations and may suspend or terminate accounts that breach this policy, with or without notice depending on severity.

6. Your Content and Data

6.1 Ownership

You retain all ownership rights to the content you create, upload, or input into the Service, including chatbot flows, AI training data, branding assets, and lead data (collectively, "Your Content"). We do not claim ownership over Your Content.

6.2 License to Us

By using the Service, you grant us a limited, non-exclusive, worldwide license to host, store, process, and transmit Your Content solely for the purpose of operating and providing the Service to you. This license terminates when you delete Your Content or close your account.

6.3 Your Responsibilities

You are solely responsible for:

• The accuracy, legality, and appropriateness of Your Content
• Ensuring that your chatbot complies with all applicable laws and regulations, including privacy, consumer protection, and advertising standards
• Obtaining necessary consents from end users who interact with your chatbot
• Backing up Your Content regularly — while we maintain backups, we are not liable for data loss

6.4 Data Processing

For the purposes of applicable data protection laws, you are the data controller and we are the data processor for personal information collected through your chatbot. Our processing of such data is governed by our Privacy Policy.

7. Intellectual Property

7.1 Our Intellectual Property

The Service, including its design, code, features, documentation, branding, logos, and all related intellectual property, is and remains the exclusive property of Modern Operator. Nothing in these Terms grants you any right to use our trademarks, trade names, or branding without prior written consent.

7.2 Feedback

If you provide suggestions, ideas, or feedback about the Service, we may use them without restriction or compensation. You are not obligated to provide feedback.

8. Third-Party Services and Integrations

The Service allows you to integrate with third-party services (e.g., Google Sheets, Zapier, Make.com, GoHighLevel, OpenAI, and others). Your use of these third-party services is governed by their respective terms of service and privacy policies. We are not responsible for:

• The availability, accuracy, or reliability of third-party services
• Data handling practices of third-party services
• Any loss or damage arising from your use of third-party integrations

We do not endorse any third-party services and provide integrations solely as a convenience.

9. AI-Generated Content

The Service uses artificial intelligence (including third-party AI models such as OpenAI) to generate chatbot responses. You acknowledge and agree that:

• AI-generated responses may not always be accurate, complete, or appropriate
• You are responsible for reviewing, testing, and monitoring AI-generated content in your chatbot
• We do not guarantee the accuracy, suitability, or reliability of any AI-generated output
• You should not rely on AI-generated content for medical, legal, financial, or other professional advice
• You are responsible for any consequences arising from AI-generated content presented to your end users

10. White-Label and Agency Use

If your subscription plan includes white-label or agency features:

• You may remove Modern Chatbot branding and present the chatbot under your own brand, subject to your plan's terms
• You may grant your clients access to manage their own chatbots within your account
• You remain responsible for your clients' compliance with these Terms
• You may not misrepresent the origin of the Service or claim to have developed the underlying technology

11. Service Availability and Support

• We strive to maintain 99.9% uptime but do not guarantee uninterrupted service. Scheduled maintenance, unforeseen outages, and force majeure events may affect availability.
• We provide support via email at [email protected] and through our Support Center.
• Support response times depend on your subscription plan and the nature of the request.
• We are not liable for any damages resulting from Service downtime or unavailability.

12. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement.
• We do not warrant that the Service will be error-free, uninterrupted, secure, or free of viruses or other harmful components.
• In no event shall Modern Operator, its directors, employees, agents, or affiliates 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 in connection with your use of the Service.
• Our total aggregate liability for all claims arising out of or related to these Terms or the Service shall not exceed the total amount you paid to us in the twelve (12) months immediately preceding the event giving rise to the claim.

13. Indemnification

You agree to indemnify, defend, and hold harmless Modern Operator and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

• Your use of the Service
• Your Content, including data collected through your chatbot
• Your violation of these Terms or any applicable law
• Your infringement of any third-party rights
• Any claim by your end users or clients related to your chatbot

14. Termination

• By you: You may terminate your account at any time by canceling your subscription and contacting us to request account deletion.
• By us: We may suspend or terminate your access to the Service immediately, without prior notice, if you breach these Terms, engage in fraudulent activity, or if we are required to do so by law.
• Effect of termination: Upon termination, your right to use the Service ceases immediately. We will retain your data for 30 days to allow for export, after which it will be permanently deleted unless retention is required by law.
• Sections that by their nature should survive termination will survive, including Sections 6 (Your Content), 7 (Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), and 16 (Governing Law).

15. Changes to These Terms

We may modify these Terms from time to time. When we make material changes, we will:

• Update the "Last Updated" date at the top of this page
• Notify you by email or through a prominent notice within the Service at least 30 days before the changes take effect

Your continued use of the Service after the effective date of any changes constitutes acceptance of the updated Terms. If you do not agree to the revised Terms, you must stop using the Service and cancel your subscription.

16. Governing Law and Disputes

These Terms are governed by and construed in accordance with the laws of the Province of Alberta, Canada, without regard to conflict of law principles. Any disputes arising from or relating to these Terms or the Service shall be resolved as follows:

• Informal resolution: Before initiating any formal proceedings, you agree to contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.
• Jurisdiction: If informal resolution fails, any legal action shall be brought exclusively in the courts located in the Province of Alberta, Canada. You consent to the personal jurisdiction of these courts.

17. General Provisions

• Entire agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Modern Operator regarding the Service.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.
• Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Force majeure: We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including natural disasters, wars, pandemics, government actions, or internet disruptions.
• No agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Modern Operator.

18. Contact Us

If you have questions or concerns about these Terms of Service, please contact us:

Modern Operator
Email: [email protected]
Website: modernchatbot.ai