1. The Service

1.1 Description

AeroChat provides a cloud-based AI-powered customer communication platform designed for e-commerce merchants and businesses. The Service includes an AI chatbot, omnichannel inbox, ticketing, knowledge base management, and related tools accessible via our web dashboard and embeddable widget.

1.2 Self-Service Nature

The Service is a self-service, do-it-yourself (DIY) platform. You are solely responsible for configuring, customising, and maintaining your account, chatbot, and integrations. AeroChat provides the platform and tooling; the quality of output is dependent on your configuration and training data.

1.3 Account Registration

You must register for an account to use the Service. You agree to provide accurate, complete, and current information at registration and to keep this information up to date. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

1.4 Eligibility

The Service is provided on a business-to-business (B2B) basis. By using the Service, you represent that you are acting in the course of a business or professional activity, not as a consumer.

2. Subscriptions and Payment

2.1 Subscription Plans

AeroChat offers multiple subscription tiers (Free, Basic, Growth, Advanced, and Enterprise). Features and usage limits vary by plan as described on our pricing page at aerochat.ai/pricing. AeroChat reserves the right to modify plan features and limits with reasonable notice.

2.2 Fees

Fees for paid plans are charged in advance on a monthly or annual basis as selected at the time of purchase, in the currency stated on the applicable order. All fees are exclusive of applicable taxes.

2.3 Payment

By providing payment details, you authorise AeroChat (or its payment processor) to charge your nominated payment method on a recurring basis for the applicable subscription fees. You are responsible for ensuring your payment details remain current and accurate. Failure to maintain valid payment details may result in suspension of your account.

2.4 Auto-Renewal

Subscriptions renew automatically at the end of each billing period unless cancelled prior to the renewal date. You may cancel your subscription at any time through your account settings.

2.5 Taxes

You are responsible for all taxes, levies, duties, or similar governmental assessments applicable to your use of the Service, except for taxes based on AeroChat's net income.

2.6 Non-Refundable

Except as expressly stated in this Agreement or required by applicable law, all fees paid are non-refundable. Downgrading your plan mid-cycle does not entitle you to a refund of the difference.

2.7 Late Payment and Suspension

If any payment is overdue, AeroChat may suspend your access to the Service until the outstanding amount is settled. If you believe you have been incorrectly billed, contact us at support@aerochat.ai within 60 days of the billing date.

3. Acceptable Use

Your use of the Service is subject to AeroChat's Acceptable Use Policy ("AUP"), available at aerochat.ai/legal/aup, which is incorporated into this Agreement by reference. You agree to comply with the AUP at all times.

4. Customer Responsibilities

4.1 Configuration and Content

You are solely responsible for:

• Configuring your chatbot, workflows, and integrations correctly;

• The accuracy, completeness, and legality of all training data, knowledge base content, and instructions you provide;

• Ensuring your use of the Service complies with all applicable laws, including consumer protection, privacy, and data protection laws in all jurisdictions where you operate;

• Managing user accounts and access permissions within your account;

• Installing and maintaining the chat widget on your storefront or website.

4.2 End-Customer Interactions

You acknowledge that AeroChat's AI processes conversations between you (or your chatbot) and your end-customers. You are solely responsible for the content of those conversations, the accuracy of information provided, and compliance with all obligations to your end-customers. AeroChat is not a party to any transaction or dispute between you and your end-customers.

4.3 Data Accuracy

AeroChat is not responsible for inaccurate, outdated, or misleading responses generated by the AI where such responses result from inaccurate or incomplete information you have provided. You must regularly review and update your knowledge base to maintain response quality.

5. Intellectual Property

5.1 AeroChat's IP

AeroChat owns all rights, title, and interest in and to the Service, including its software, algorithms, AI models, interfaces, documentation, branding, and all related intellectual property. No rights are granted to you except as expressly set out in this Agreement.

5.2 Your Content

You retain ownership of all content, data, and materials you upload or input into the Service ("Customer Content"). By submitting Customer Content, you grant AeroChat a non-exclusive, worldwide, royalty-free licence to use, process, and store that content solely to provide and improve the Service.

5.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, AeroChat may use these freely without any obligation to you.

6. Privacy and Data

Your use of the Service is also governed by AeroChat's Privacy Policy, available at aerochat.ai/legal/privacy, which is incorporated into this Agreement by reference.

As a merchant using AeroChat, you act as a data controller in respect of your end-customers' personal data. AeroChat acts as a data processor on your behalf when processing such data. You are responsible for ensuring you have a lawful basis for processing your end-customers' data and for complying with all applicable data protection laws, including Singapore's Personal Data Protection Act 2012 (PDPA).

7. Third-Party Services and Integrations

The Service may integrate with or depend upon third-party platforms and services, including Shopify, AI model providers, cloud infrastructure providers, and payment processors. AeroChat does not control these third-party services and is not responsible for their availability, performance, or changes to their APIs or policies. Your use of third-party services is subject to their own terms and conditions.

8. Data Security

We implement appropriate technical and organisational measures to protect personal data against unauthorised access, disclosure, alteration, or destruction. These include encryption of data in transit and at rest, access controls, and regular security reviews.

No method of transmission over the internet or electronic storage is completely secure. While we strive to protect your data, we cannot guarantee absolute security.

If we become aware of a data breach that is likely to result in risk to your rights and freedoms, we will notify you and, where required, the relevant authorities, in accordance with applicable law.

9. Your Rights

AeroChat reserves the right to modify, update, or discontinue any feature or aspect of the Service at any time, with or without notice. AeroChat will endeavour to provide reasonable advance notice of material changes. Your continued use of the Service after any modification constitutes acceptance of the change.

10. Term and Termination

10.1 Term

This Agreement commences when you first access or use the Service and continues until terminated.

10.2 Termination by You

You may terminate this Agreement at any time by cancelling your subscription through your account settings. Termination takes effect at the end of your current billing period. No refunds will be issued for the remaining period.

10.3 Termination by AeroChat

AeroChat may suspend or terminate your account and access to the Service immediately if:

• You breach this Agreement or the AUP and fail to cure such breach within 7 days of written notice;

• You engage in fraudulent, abusive, or illegal activity;

• AeroChat is required to do so by law or regulation;

• AeroChat discontinues the Service.

10.4 Effect of Termination

Upon termination, your right to access the Service ceases immediately. AeroChat will retain your data for a period of 30 days following termination, during which you may request an export. After this period, your data may be permanently deleted. Provisions that by their nature should survive termination will do so, including Sections 5, 9, 10, 11, 12, and 13.

11. Warranty Disclaimer

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AEROCHAT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

AEROCHAT DOES NOT WARRANT THAT:

• THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS;

• AI-GENERATED RESPONSES WILL BE ACCURATE, COMPLETE, OR FIT FOR ANY PARTICULAR PURPOSE;

• THE SERVICE WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT;

• ANY INTEGRATION WITH THIRD-PARTY PLATFORMS WILL FUNCTION WITHOUT ISSUE.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

• AEROCHAT SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
  
  

• AEROCHAT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU TO AEROCHAT IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM;
  
  

• AEROCHAT ACCEPTS NO LIABILITY FOR LOSSES ARISING FROM YOUR MISCONFIGURATION, INACCURATE TRAINING DATA, OR FAILURES OF THIRD-PARTY PLATFORMS.

Nothing in this Agreement excludes or limits liability that cannot be excluded under applicable Singapore law.

13. General

13.1 Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of Singapore. Any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Singapore.

13.2 Entire Agreement

This Agreement, together with the Privacy Policy, SLA, and AUP, constitutes the entire agreement between you and AeroChat in relation to the Service and supersedes all prior agreements, representations, and understandings.

13.3 Modifications to This Agreement

AeroChat may update this Agreement from time to time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Your continued use of the Service after the effective date of any change constitutes acceptance.

13.4 Severability

If any provision of this Agreement is found to be unenforceable, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force.

13.5 Waiver

Failure by AeroChat to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision.

13.6 Assignment

You may not assign or transfer any of your rights or obligations under this Agreement without AeroChat's prior written consent. AeroChat may assign this Agreement without restriction.

13.7 Contact

For questions about these Terms, contact us at support@aerochat.ai.

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