Terms of Use

The Service is offered exclusively to business entities and their authorized representatives. It is not intended for personal or consumer use by individual end-users. By using the Service, you represent and warrant that you are acting on behalf of a legally established business entity and have the authority to bind that entity to these Terms.

We provide a conversational platform that enables businesses to interact with their own end-users. The Service processes information necessary to deliver responses, facilitate communication, and maintain system performance. We may modify, suspend, or discontinue any aspect of the Service at any time. In particular, we reserve the right to suspend or terminate the Service without prior notice if we detect misuse, abuse, suspected criminal conduct, or activity that could cause harm or compromise the security of third parties.

You are solely responsible for ensuring that your use of the Service complies with applicable laws and regulations. You are responsible for managing and protecting the data of your own customers or end-users. Our responsibility is limited to the secure operation and processing of data within the platform. We are not responsible for how you, as a business client, choose to use, export, disclose, or otherwise process personal information outside the platform. You must not use the Service for unlawful, harmful, or abusive purposes, including but not limited to fraud, harassment, exploitation, or dissemination of illegal content.

For the purposes of data protection and privacy laws, you acknowledge and agree that you, the business client, act as the 'Data Controller' in relation to any personal information you collect from your end-users through the Service. We act solely as the 'Data Processor', processing personal information on your behalf and only as necessary to deliver the Service. As the Data Controller, you are solely responsible for determining the purposes and means of processing personal information, ensuring you have obtained any required consents from your end-users, and complying with all applicable data protection obligations, including responding to data subject rights requests. Our role as Data Processor is strictly limited to providing the Service in accordance with these Terms and our Privacy Policy. We assume no responsibility for your independent decisions or activities as Data Controller.

All content, materials, and rights associated with the Service, excluding any information or content you provide, are owned by or licensed to the Company. You are granted a limited, non-exclusive, non-transferable right to use the Service solely for its intended business purposes, subject to these Terms. You may not copy, modify, distribute, reverse engineer, or create derivative works based on the Service without our prior written consent.

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect personal information. By using the Service, you acknowledge that you have reviewed and accepted the Privacy Policy.

The Service is provided on an 'as is' and 'as available' basis without warranties of any kind, whether express, implied, or statutory. We disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or completely secure.

To the fullest extent permitted by law: We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Service. Our total liability for any claim under these Terms shall not exceed the amount you paid to us for the Service during the twelve (12) months preceding the event giving rise to the claim. You acknowledge that we do not assume liability for the actions, practices, or data processing activities of our business clients in relation to their own end-users.

You shall not be required to indemnify the Company for claims, damages, or liabilities arising from your use of the Service. Each party is solely responsible for its own acts, omissions, and compliance with applicable laws.

We may suspend or terminate your access to the Service at any time if we reasonably believe you have violated these Terms, engaged in unlawful conduct, or otherwise created risk or harm to the Company, other users, or third parties. In cases of misuse, abuse, or suspected criminal conduct, suspension may occur without prior notice.

These Terms shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to conflict of law principles. Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in [Insert County, State], except where prohibited by applicable law. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration.

We may update these Terms from time to time. The 'Last Updated' date at the top of this document reflects the most recent revision. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

thecloudxperience Email: contact@thecloudxperience.com