DatBot LLC Terms of Service

Last Updated: January 17, 2025

1. Introduction & Acceptance

Welcome to DatBot.AI ("Service"), operated by DatBot LLC ("DatBot", "we", "us", or "our"). Please read these Terms of Service ("Terms") carefully before using our website (datbot.ai) or any of our services.

By accessing or using the Service, you acknowledge that these Terms constitute a binding legal agreement between you and DatBot. You agree that these Terms, including our limitations on liability, arbitration of disputes, and usage restrictions, are material terms that are essential to our provision of the Service. If you disagree with any part of these Terms, you may not access or use the Service.

You must be at least 18 years old to use the Service. If you are under 18, you must have your parent or guardian's permission to use the Service, and they must agree to be bound by these Terms on your behalf. Please also review our Privacy Policy for information on how we collect, process, and protect your personal data.

2. Service Description & AI Limitations

DatBot provides AI-powered automation and workflow tools that utilize various artificial intelligence models and technologies. You acknowledge and understand that:

a) AI Technology Limitations

• The Service uses probabilistic machine learning models that may not always produce perfect or intended results
• AI outputs may contain inaccuracies, inconsistencies, or inappropriate content despite our safeguards
• You are responsible for reviewing and validating any AI-generated content before use
• The Service should not be used for critical decisions involving health, safety, or significant financial matters

b) Model Behavior

• AI models may produce different results for the same input at different times
• We continuously update and improve our models, which may change their behavior
• We cannot guarantee specific output quality or consistency
• The Service is designed to assist and augment human work, not replace human judgment

c) Usage Limitations

• You may not use the Service for any illegal purposes as defined in either our or your jurisdictions
• We reserve the right to monitor and filter inputs and outputs for abuse
• We may limit or restrict access to certain features or capabilities as needed
• The Service is provided "as-is" and may be modified or updated at any time

3. Account Terms

a) Account Creation & Security

• You must provide accurate, complete, and current information when creating an account
• You are responsible for maintaining the security of your account credentials
• You must notify us immediately of any unauthorized access or security breaches
• You may not share your account credentials with third parties
• You may not create accounts through automated means or under false pretenses

b) Account Usage

• One account may be used only by the individual or organization that created it
• Team or organization accounts must have an authorized representative
• You are responsible for all activity that occurs under your account

4. Subscription & Billing

a) Pricing & Payment

• All prices are in US Dollars unless otherwise specified
• You agree to pay all fees associated with your chosen subscription plan
• We use third-party payment processors to handle transactions
• You must provide valid payment information and authorize us to charge your payment method
• You authorize recurring charges to your payment method
• If a payment fails, we may retry billing or suspend service
• Fees are non-refundable except where required by law
• Prices do not include applicable taxes, fees, or charges which may be added to your bill

b) Subscription Terms

• Subscriptions automatically renew unless cancelled
• Renewal charges occur within 24 hours before the end of the current period
• You can cancel your subscription at any time through your account settings
• Cancellation takes effect at the end of your current billing period
• No refunds are provided for partial period usage
• We reserve the right to change pricing with 30 days notice
• If you don't accept price changes, you must cancel before the next billing cycle
• Continued use after a price change constitutes acceptance
• Promotional or discounted rates may revert to standard pricing after the promotional period

c) Payment Disputes

• You agree to notify us of any billing disputes within 60 days of the charge
• Disputes must be submitted in writing to [email protected] with:
  • Your account information
  • The disputed charge
  • The basis for the dispute
• You agree to work in good faith to resolve disputes promptly
• Failure to notify us of a dispute within 60 days constitutes a waiver of any claim related to the dispute
• Fraudulent chargebacks or payment disputes may result in immediate account termination

d) Usage Limits

• Each subscription plan has specific usage limits
• Exceeding limits may result in additional charges or account restrictions
• Unused credits or allowances do not roll over to future periods
• We may adjust limits or introduce new restrictions as needed

e) Free Usage & Trials

• Free tier accounts, if available:
  • Have limited features and usage caps
  • May be modified or discontinued at any time
  • Provide no guarantee of service availability
  • May be suspended or terminated at our discretion
• Trial periods:
  • Convert to paid subscriptions unless cancelled before trial end
  • Require valid payment method to start
  • Limited to one per user/organization
  • May not be combined with other offers
• We reserve the right to determine eligibility for free usage or trials

5. Customer Content & Data Usage

You retain ownership of all content you provide to DatBot ("Customer Content"). You grant DatBot LLC a worldwide, perpetual, irrevocable, royalty-free, fully paid-up license to:

a) Content Ownership & License

• Use your Customer Content to maintain and provide the Service
• Exercise our rights and enforce our obligations under these Terms
• Improve our systems, including creating derivative works
• Generate aggregate insights and analytics

We will not share your individual Customer Content except with our service providers or as required by law. For details on how we collect and process your personal data, please see our Privacy Policy.

b) AI Models

• Our AI models and improvements remain DatBot LLC property
• Fine-tuned models created using your Customer Content:
  • Remain the property of DatBot LLC unless otherwise agreed in writing (in many cases, there is no way to transfer ownership of the model)
  • May be created with the assistance of our providers (OpenAI, Google, Anthropic, etc.)
  • Will not be shared with or sold to third parties
  • Are exclusively available to you during your subscription
  • Are not shared with other customers
  • Are not used for training other AI models
  • Will be preserved for 30 days after subscription ends

c) Content Restrictions

• You may not upload content that:
  • Infringes on others' rights
  • Contains malicious code
  • Violates laws or regulations
  • Is intended to harm others
  • Contains others' personal information without consent

d) Content Removal

• We may remove content that violates these Terms and may suspend service if needed

6. User Responsibilities

You must use the Service legally and responsibly, don't bypass our security or limitations, don't interfere with other users, and don't damage our Service.

a) Technical Restrictions

• No automated access without permission
• No security testing without permission
• No reverse engineering
• No excessive usage that could harm our infrastructure

7. Intellectual Property

The Service, its software, designs, and so forth are owned by DatBot LLC. Our brand features (logo, name, etc.) require permission to use. The Service is licensed, not sold.

a) Our Property

• The Service, its software, designs, and so forth are owned by DatBot LLC
• Our brand features (logo, name, etc.) require permission to use
• The Service is licensed, not sold

b) Generated Content

• You receive a perpetual, worldwide, non-exclusive, transferable license to use, modify, and distribute any AI-generated content created through the Service
• This license survives termination of your account
• We make no claims about the originality of AI-generated content
• You are responsible for verifying rights to use any generated content
• We reserve the right to retain copies of generated content for Service improvement
• Your use of generated content does not restrict other users from generating similar content

c) Indemnification

• You agree to defend, indemnify, and hold DatBot LLC harmless from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:
  • Your use of the Service
  • Content you submit to the Service
  • Your violation of these Terms
  • Your violation of any third-party rights, including intellectual property rights
  • Your use or misuse of AI-generated content
  • Any claims related to your Customer Content

We agree to indemnify and hold you harmless from claims that the Service (excluding Customer Content and third-party content) infringes any U.S. intellectual property right. This indemnification obligation:

• Requires prompt written notice of any claim
• Gives us sole control of the defense and settlement
• Requires your reasonable cooperation
• Does not apply if the claim arises from:
  • Your modification of the Service
  • Combination with other services/content
  • Use in violation of these Terms
  • Generated content that you modified or used contrary to our guidelines
  • Customer Content or third-party content
  • Use after we notify you to cease due to a potential claim

If the Service becomes subject to an IP claim:

• We may, at our option:
  • Modify the Service to be non-infringing
  • Obtain a license to continue providing the Service
  • Terminate the Service with a pro-rated refund

These remedies are your sole and exclusive remedies for IP claims.

8. Disclaimers & Limitations

The Service is provided "as is" without warranties, we don't guarantee uninterrupted service, we make no representations or warranties about the accuracy, reliability, completeness, or appropriateness of AI-generated content, and we explicitly disclaim liability for any decisions, actions, or consequences resulting from the use of AI-generated content.

a) Liability Limits

• Our total liability is limited to the greater of:
  • Your payments to us in the past 12 months
  • $500 USD

We aren't liable for indirect or special damages, lost profits or data.

b) Prohibited Use Cases

• The Service must not be used for:
  • Medical diagnosis or treatment decisions
  • Financial trading or investment decisions
  • Critical infrastructure operations
  • Any automated decision-making that could impact life, health, safety, or significant financial matters

c) Data Security

• While we implement reasonable security measures, we cannot guarantee absolute security
• We implement industry-standard security practices appropriate to the nature of the data
• For additional information on how we secure personal data, please review our Privacy Policy.

d) International Use

• If you access the Service from outside the United States:
  • You are responsible for compliance with local laws
  • You consent to the transfer and processing of your data in the United States
  • You acknowledge that data protection laws may differ from your jurisdiction

e) Force Majeure

• We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to:
  • Natural disasters or acts of God
  • War, terrorism, or civil unrest
  • Government actions or regulations
  • Network or power failures
  • Third-party service provider failures that result in full service interruption
  • Cyber attacks or security breaches beyond our reasonable security measures

If force majeure conditions persist for more than 60 consecutive days, either party may terminate their subscription with written notice. Termination under this provision will result in a pro-rated refund of any prepaid fees for unused service period.

9. Termination

You may terminate your account at any time by discontinuing Service use. We may terminate or suspend your account for:

• Terms violations
• Extended periods of inactivity
• Security threats
• Non-payment

Upon termination:

• You lose access to all Service features
• Payment obligations remain
• All sections that should naturally survive will survive
• You may request your data for 30 days after termination. For details on data handling and retention, see our Privacy Policy.

Upon account termination:

• We may retain data as required by law or for legitimate business purposes
• We maintain perpetual rights to anonymized data derived from your Customer Content prior to termination
• We may delete your data at our discretion after 30 days

We reserve the right to restrict or block access if we detect:

• Attempts to automate interactions with our service in unintended ways
• Systematic probing or scanning of our systems
• Usage patterns suggesting abuse or manipulation of our service
• Any activities that could harm other users or service stability

Such restrictions may be temporary or permanent, at our discretion. We will provide notice when practical, but may act immediately if necessary, with or without notice.

10. General Terms

These Terms shall be governed by the laws of the State of Utah, you agree to submit to the jurisdiction of the courts in Utah for any disputes, and if we relocate our primary place of business, we may update the governing jurisdiction.

a) Changes to Terms

• We reserve the right to modify these Terms at any time
• We will provide notice of material changes 30 days before they take effect
• Your continued use of the Service after changes indicates acceptance
• If you disagree with any changes, you may stop using the Service

b) Notices

• We may provide notices to you via email or through the Service
• You may provide legal notices to us at [email protected]
• Notices are effective upon receipt

c) Miscellaneous

• If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction:
  • That provision will be enforced to the maximum extent permissible by law
  • The remaining provisions will remain in full force and effect
  • Such provision will be replaced with a valid provision that most closely matches the intent of the original

The invalidity of any provision shall not affect the validity of these Terms as a whole. Our failure to enforce any right will not waive future enforcement. You may not assign your rights under these Terms without our consent. We may assign our rights under these Terms without restriction. These Terms constitute the entire agreement between us regarding the Service.

11. Service Level Agreement

a) Service Availability

• We target but do not guarantee 99.9% monthly uptime, excluding planned maintenance
• Emergency maintenance may occur without notice
• The Service may be unavailable due to:
  • Scheduled maintenance
  • Emergency maintenance or repairs
  • Technical issues or system failures
  • Force majeure events
  • Third-party service interruptions

We are not liable for any damages resulting from Service interruptions. Service credits may apply as described in section 11(c).

b) API Usage (if provided)

• API rate limits are specified in documentation, where API services are provided
• We may adjust limits to prevent abuse or ensure service stability
• Enterprise customers may request custom limits
• We monitor API usage for security and performance

c) Dispute Resolution

• Both parties agree to attempt informal resolution before initiating formal proceedings
• If informal resolution fails, parties must participate in mediation in Utah before filing suit
• Mediation costs will be shared equally unless otherwise agreed
• Nothing in this section prevents either party from seeking injunctive relief
• The prevailing party in any legal action shall be entitled to recover reasonable attorney fees

d) Refunds and Credits

• Pro-rated refunds will be issued for:
  • Service termination due to material changes in Terms
  • Force majeure termination
  • DatBot-initiated termination without cause

No refunds will be issued for:

• User-initiated cancellation during billing period
• Termination due to Terms violations
• Unused portions of subscription periods

Service credits:

• Will be calculated as equivalent to 5% of monthly fee for each 1% below SLA target
• Must be requested within 30 days of SLA violation
• Maximum credit of 100% of monthly fee
• Credits are the sole remedy for SLA violations
• Credits can only be applied to future service fees
• Credits expire if unused within 12 months
• Credits are not transferable