Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Ashoon platform and any associated services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service, our Privacy Policy, and all applicable laws and regulations.

By creating an account, clicking "I Agree," "Sign Up," or any similar button, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. Electronic acceptance of these Terms is as legally binding as a handwritten signature. If you are entering into these Terms on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" refer to that entity.

You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you do not agree to these Terms, you must not access or use the Service.

2. Definitions

The following definitions apply throughout these Terms:

• "Service" means the Ashoon platform, including all software, APIs, tools, dashboards, AI chatbot functionality, embeddable widgets, integrations, documentation, and related services provided by Ashoon.
• "Customer," "User," "you," or "your" means any individual or entity that accesses or uses the Service, including account holders, administrators, and authorized team members.
• "Ashoon," "we," "us," or "our" means Ashoon and its affiliates, officers, directors, employees, agents, and successors.
• "Content" means any data, text, images, documents, files, knowledge base materials, configuration settings, or other information uploaded, submitted, or transmitted by you through the Service.
• "AI Content" means any text, responses, messages, or other output generated by the Service's artificial intelligence systems, including chatbot replies sent to End Users on your behalf.
• "Widget" means the embeddable website chat widget provided by Ashoon that can be integrated into third-party websites to enable AI-powered chat functionality.
• "Platform" means any third-party messaging platform integrated with the Service, including but not limited to Instagram, Facebook Messenger, and any future platform integrations.
• "End User" means any person who interacts with the Service through a Platform or Widget, including customers and website visitors who send or receive messages.
• "Subscription" means the paid plan selected by the Customer that determines feature access, usage limits, and billing terms.
• "Account" means the Customer's registered account on the Service, including all associated settings, data, and configurations.
• "Beta Features" means any beta, preview, experimental, or early-access features or services offered by Ashoon.

3. Description of Service

Ashoon is an AI-powered customer messaging automation platform designed for businesses. The Service enables you to:

• Automate customer conversations on Instagram Direct Messages using AI-powered chatbots
• Automate customer conversations on Facebook Messenger using AI-powered chatbots
• Deploy an embeddable website chat widget for AI-powered customer support on your own websites
• Train AI chatbots using your business knowledge base, documents, and custom data
• Manage, monitor, and review automated and manual conversations from a unified dashboard
• Configure escalation rules, business hours, and response behaviors
• Access analytics and insights on conversation performance

The Service relies on third-party artificial intelligence providers and third-party messaging platforms. Features, integrations, and capabilities may change over time as we improve the product.

3.1 Service Modifications

We may modify, update, or discontinue features of the Service. For material changes that reduce core functionality available under your current Subscription plan, we will provide at least thirty (30) days' advance notice. For minor updates, bug fixes, and improvements, no advance notice is required.

3.2 AI Model Changes

We may update, change, or replace the underlying AI models used by the Service to improve performance and capabilities. We will provide at least fourteen (14) days' advance notice via email or in-Service notification before making material changes to AI models that could significantly affect response quality or behavior.

3.3 Insurance

Ashoon maintains commercially reasonable insurance coverage including general liability and cyber liability insurance.

4. Account Registration & Security

4.1 Registration Requirements

To use the Service, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete at all times. Providing false, misleading, or outdated information constitutes a violation of these Terms and may result in immediate termination of your account.

4.2 Account Security

You are solely responsible for maintaining the confidentiality and security of your account credentials, including your password and any access tokens. You agree to immediately notify Ashoon of any unauthorized use of your account or any other breach of security. Ashoon will not be liable for any loss or damage arising from your failure to protect your account credentials. You are responsible for all activities that occur under your account, whether or not authorized by you.

4.3 Account Limitations

One individual or business entity may not maintain more than one free account. We reserve the right to remove, reclaim, or disable accounts that we reasonably believe are maintained in violation of this limitation, are inactive for an extended period, or were created using false information.

5. Platform Integration & Meta Platform Terms

The Service integrates with third-party messaging platforms, including Instagram and Facebook Messenger, through the Meta Platform APIs. By connecting your social media accounts to Ashoon, you acknowledge and agree to the following:

• You grant Ashoon permission to access your connected business accounts via the Meta API and any other applicable platform APIs, solely for the purpose of providing the Service.
• You agree to comply with each Platform's Terms of Use, Developer Policies, Community Guidelines, and all other applicable platform rules and policies at all times.
• You represent and warrant that you have the authority and all necessary rights, permissions, and consents to connect the accounts and authorize Ashoon to send messages on your behalf.
• You accept full responsibility for all automated messages, AI-generated responses, and other communications sent through the Service on your behalf, including any consequences arising from those messages.
• You understand that changes to third-party Platform APIs, policies, or terms may affect the availability or functionality of the Service, and Ashoon is not responsible for any such changes or their impact on your use of the Service.
• You are responsible for ensuring that your use of automated messaging complies with all applicable Platform policies regarding automated, bulk, or AI-generated messages.

5.1 Meta-Specific Requirements

If you connect Instagram or Facebook accounts, you must comply with Meta's Platform Terms, Developer Policies, and Community Standards. You acknowledge that Meta may change, restrict, or revoke API access at any time, which may affect the functionality of the Service. Ashoon is not liable for any changes imposed by Meta.

You must comply with Meta's 24-hour standard messaging window for automated responses and any applicable message tag policies. You must maintain a publicly accessible and crawlable privacy policy as required by Meta's Developer Data Use Policy.

Ashoon is not affiliated with, endorsed by, or sponsored by Meta Platforms, Inc. or any of its subsidiaries. Your use of the Service does not create any relationship between you and these third-party platforms beyond what already exists through your own accounts.

6. Embeddable Website Widget

6.1 Widget Usage Terms

Ashoon provides an embeddable website chat widget that you may install on your own websites. The Widget is provided as part of the Service and is subject to these Terms. You are granted a limited, non-exclusive, non-transferable, revocable license to embed the Widget on websites that you own or have authorization to modify, solely for the purpose of enabling AI-powered chat functionality for your website visitors.

6.2 Customer Responsibilities for Widget Placement

You are solely responsible for the placement, configuration, and operation of the Widget on your website. You must ensure that your use of the Widget complies with all applicable laws and regulations, including but not limited to consumer protection laws, data protection laws, and electronic communications regulations. You must clearly disclose to your website visitors that they are interacting with an AI-powered chatbot, not a human representative.

6.3 Data Controller Responsibilities

When you deploy the Widget on your website, you act as the data controller (or equivalent under applicable law) with respect to any personal data collected from your website visitors through the Widget. Ashoon acts as a data processor on your behalf. You are responsible for having a lawful basis for collecting and processing visitor data, maintaining an appropriate privacy policy on your website that accurately describes data collection through the Widget, and obtaining any necessary consents from your website visitors.

6.4 Required Disclosures to Website Visitors

You must prominently disclose to your website visitors, at or before the point of interaction with the Widget, that: (a) responses are generated by artificial intelligence; (b) the AI may produce inaccurate or incomplete information; (c) data entered into the chat may be processed by third-party AI services; and (d) your privacy policy applies to data collected through the Widget. Failure to make these disclosures is a violation of these Terms.

6.5 Widget Security

We implement security measures for the widget code including serving over HTTPS and applying appropriate Content Security Policy headers. You must not modify, reverse-engineer, or decompile the widget code. Loading the widget from any source other than our official endpoints is prohibited. If you discover a security vulnerability in the widget, please report it immediately to .

6.6 Widget Availability

Widget availability depends on the availability of our API servers. We make commercially reasonable efforts to maintain widget availability but do not guarantee uninterrupted operation. If the widget becomes temporarily unavailable, it will degrade gracefully without affecting the functionality of your website.

6.7 Widget Code Modification Prohibition

You shall not modify, reverse engineer, decompile, disassemble, or otherwise alter the Widget code, scripts, or any associated resources provided by Ashoon. You may only customize the Widget through the configuration options provided within the Ashoon dashboard. Any unauthorized modification of the Widget code constitutes a material breach of these Terms and may result in immediate termination of your account and access to the Service.

7. End User Terms

End Users are individuals who interact with the Service through Customer's connected platforms (Instagram, Facebook Messenger) or embeddable widget. Customers are responsible for ensuring that their use of the Service in connection with End Users complies with applicable laws.

By interacting with a Customer's chatbot powered by Ashoon, End Users acknowledge that their messages may be processed by AI systems and that conversation data is subject to the Customer's privacy policy.

Ashoon is not a party to the relationship between Customer and End User. Customers are solely responsible for their interactions with End Users, including ensuring that End Users are informed about the nature of AI-generated responses and that any applicable data protection requirements are met.

8. Acceptable Use Policy

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

• Send spam, unsolicited messages, bulk promotional messages, or otherwise violate applicable anti-spam laws and regulations (including CAN-SPAM, GDPR, CASL, and similar legislation)
• Harass, threaten, abuse, stalk, intimidate, or cause harm to any individual or group
• Impersonate any person, business, or entity, or misrepresent your affiliation with any person or entity
• Violate any applicable local, state, national, or international law, regulation, or ordinance
• Infringe upon or violate the intellectual property rights, privacy rights, or other proprietary rights of any third party
• Upload, transmit, or distribute any malware, viruses, worms, trojans, ransomware, spyware, or other harmful, malicious, or destructive code or content
• Attempt to gain unauthorized access to the Service, other user accounts, computer systems, or networks connected to the Service through hacking, password mining, or any other means
• Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive the source code, algorithms, or underlying ideas of any part of the Service
• Scrape, crawl, spider, or use any automated means to access the Service or collect data from the Service without our express written consent
• Circumvent, disable, or otherwise interfere with rate limits, security features, access controls, or other protective mechanisms of the Service
• Use the Service to facilitate or promote any illegal activities, including but not limited to fraud, money laundering, terrorism financing, or the sale of illegal goods or services
• Use the Service, its features, or any information obtained from the Service to develop, build, or improve a competing product or service, directly or indirectly
• Resell, sublicense, lease, or redistribute the Service or access to the Service to any third party without Ashoon's prior written authorization
• Interfere with or disrupt the integrity, performance, or availability of the Service or the servers and networks used to provide the Service
• Use the Service to collect, store, or process sensitive personal data (such as health, financial, or biometric data) in violation of applicable data protection laws

8.1 Prohibited Regulated Industry Uses

You must not use the AI features of the Service to provide: (a) medical advice, diagnosis, or treatment recommendations; (b) legal advice or legal document preparation; (c) financial advice, investment recommendations, or insurance underwriting; (d) emergency services or crisis intervention; (e) any advice that requires a professional license.

If your business operates in a regulated industry (healthcare, financial services, legal services, insurance), you are responsible for ensuring that your use of the Service complies with all applicable industry regulations.

8.2 CAN-SPAM and Anti-Spam Compliance

You must comply with the CAN-SPAM Act, CASL, and all other applicable anti-spam laws when using the Service to send automated messages. This includes providing a valid physical postal address and honoring opt-out requests within ten (10) business days.

9. AI-Generated Content

The Service uses artificial intelligence to generate automated responses and content. By using the Service, you expressly acknowledge and agree to the following:

9.1 Accuracy Disclaimer

AI-generated responses may be inaccurate, incomplete, misleading, out of date, or inappropriate. AI systems, including those used by Ashoon, are known to "hallucinate" -- that is, they may generate information that appears plausible but is factually incorrect, fabricated, or nonsensical. Ashoon makes no representations or warranties regarding the accuracy, reliability, completeness, or quality of any AI Content.

9.2 User Responsibility

You are solely and entirely responsible for reviewing, monitoring, and supervising all AI-generated responses sent to your customers and End Users. You must establish adequate processes and controls to review AI Content before or promptly after it is delivered to End Users. You must configure appropriate escalation rules for sensitive topics, including but not limited to health, legal, financial, safety, and emergency matters.

9.3 No Guarantee

Ashoon does not guarantee the accuracy, quality, appropriateness, timeliness, completeness, or suitability of any AI Content for any particular purpose. AI Content should not be relied upon as a substitute for professional advice, including legal, medical, financial, or other professional advice.

9.4 AI Bias

AI systems may produce outputs that reflect biases present in their training data. You are responsible for monitoring AI-generated responses for potential bias or discriminatory content. We are committed to compliance with applicable AI regulations including the EU AI Act.

9.5 Liability Exclusion

ASHOON IS NOT LIABLE FOR ANY DAMAGES, LOSSES, CLAIMS, COSTS, OR EXPENSES OF ANY KIND ARISING FROM OR RELATED TO AI-GENERATED CONTENT, INCLUDING BUT NOT LIMITED TO INACCURATE INFORMATION, HALLUCINATIONS, INAPPROPRIATE RESPONSES, MISSED ESCALATIONS, LOST BUSINESS OPPORTUNITIES, REPUTATIONAL HARM, OR ANY ACTIONS TAKEN BY END USERS BASED ON AI CONTENT. YOU ASSUME ALL RISK ASSOCIATED WITH THE USE OF AI-GENERATED CONTENT.

9.6 Disclosure Obligations

You must comply with all applicable laws and regulations regarding the disclosure of AI-generated content to End Users. In jurisdictions that require disclosure of AI or automated interactions, you are solely responsible for ensuring such disclosures are made. Failure to comply with applicable AI disclosure laws is your sole responsibility and liability.

10. Subscription, Payments & Billing

10.1 Billing Cycles

Paid Subscriptions are billed in advance on either a monthly or annual basis, depending on the billing cycle you select at the time of purchase. Annual Subscriptions are billed as a single payment for the entire year.

10.2 Auto-Renewal

All Subscriptions automatically renew at the end of each billing cycle at the then-current rate unless you cancel your Subscription before the renewal date. You authorize us to charge your payment method on file for each renewal period.

10.3 Price Changes

We reserve the right to change Subscription prices at any time. Price changes will be communicated to you at least 30 days in advance via email or through the Service. Price changes will take effect at the start of the next billing cycle following the notice period. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new price.

10.4 Refund Policy

The following refund terms apply to all Subscriptions:

• Monthly subscriptions: No refunds for partial months. You may cancel at any time and your access continues until the end of the current billing period.
• Annual subscriptions: If you cancel within the first 14 days, you may request a full refund. After 14 days, no refunds are provided and your access continues until the end of the annual term.
• Termination by Ashoon for convenience: We will provide a prorated refund for any prepaid fees covering the unused portion of the Subscription term.
• Termination by Ashoon for cause (your breach): No refund is provided.

Where applicable law requires refunds (e.g., EU Consumer Rights Directive 14-day withdrawal right for consumers), those legal requirements take precedence over this policy.

10.5 Free Trial

We may offer a free trial period at our discretion. Free trials are limited to one per individual or business entity. We reserve the right to determine your eligibility for a free trial and to modify or discontinue free trial offers at any time. At the end of a free trial, your account may be converted to a paid Subscription unless you cancel before the trial period ends.

10.6 Taxes

All fees are exclusive of applicable taxes, levies, duties, or similar governmental assessments, including sales tax, use tax, value-added tax (VAT), and goods and services tax (GST). You are responsible for paying all such taxes associated with your Subscription, except for taxes based on Ashoon's net income.

10.7 Failed Payments

If a payment fails, we will attempt to charge your payment method again. If payment continues to fail, we may suspend or downgrade your account after providing reasonable notice. We reserve the right to charge late fees or interest on overdue amounts to the extent permitted by law.

10.8 Downgrade & Cancellation

You may downgrade your Subscription or cancel your account at any time through your account settings. Downgrading may result in the loss of access to certain features and data associated with higher-tier plans. Cancellation will take effect at the end of the current billing period, and you will retain access to the Service until that date.

11. Intellectual Property

11.1 Our Intellectual Property

The Service, including but not limited to its software, source code, algorithms, architecture, user interface design, documentation, branding, trademarks, trade names, logos, graphics, visual elements, and all underlying technology, is the exclusive property of Ashoon and is protected by intellectual property laws, including copyright, trademark, patent, and trade secret laws. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited right to use the Service as described herein.

11.2 Your Content

You retain all ownership rights in the Content you upload, submit, or transmit through the Service, including knowledge base documents, business information, and configuration data. By uploading Content, you grant Ashoon a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, process, adapt, and display your Content solely for the purpose of providing, maintaining, and improving the Service. This license terminates when you delete your Content or close your account, except to the extent Content has been incorporated into anonymized or aggregated data sets.

11.3 AI Output

Neither party claims exclusive ownership of AI-generated text or content produced by the Service. AI Content is generated based on your Content, general training data, and the capabilities of third-party AI providers. You are granted a non-exclusive license to use AI Content generated through your account for your business purposes, subject to these Terms. Ashoon reserves the right to use anonymized and aggregated data derived from AI interactions to improve the Service.

11.4 Feedback

If you provide Ashoon with any suggestions, ideas, enhancement requests, feedback, recommendations, or other input regarding the Service ("Feedback"), you hereby assign to Ashoon all right, title, and interest in such Feedback. Ashoon shall be free to use, implement, disclose, reproduce, license, distribute, and otherwise commercialize any Feedback without restriction, obligation, or compensation to you.

12. Copyright Infringement & DMCA

12.1 DMCA Takedown Notices

If you believe that content available through the Service infringes your copyright, you may submit a DMCA takedown notice to our designated copyright agent. Your notice must include the following:

• Identification of the copyrighted work claimed to have been infringed
• Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material
• Your contact information, including name, address, telephone number, and email address
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of the copyright that is allegedly infringed
• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf

Our designated copyright agent can be reached at: .

12.2 Counter-Notification

If you believe that your content was removed or disabled as a result of a mistake or misidentification, you may submit a counter-notification to our designated copyright agent. The counter-notification must include: (a) identification of the material that was removed and the location where it appeared before removal; (b) a statement under penalty of perjury that you have a good faith belief the material was removed as a result of mistake or misidentification; (c) your name, address, and telephone number; (d) a statement that you consent to the jurisdiction of the federal court in the State of Delaware; and (e) your physical or electronic signature.

12.3 Repeat Infringers

We will terminate the accounts of repeat infringers in appropriate circumstances, in accordance with the Digital Millennium Copyright Act and other applicable law.

13. Confidentiality

Each party ("Receiving Party") agrees to hold in confidence all non-public information disclosed by the other party ("Disclosing Party") that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure ("Confidential Information").

Confidential Information includes, without limitation, business plans, technical data, product plans, customer lists, pricing, financial information, trade secrets, know-how, and any other proprietary information. Your Content and account data are considered your Confidential Information. Ashoon's technology, algorithms, and business operations are considered Ashoon's Confidential Information.

The Receiving Party shall: (a) use the same degree of care to protect the Disclosing Party's Confidential Information as it uses to protect its own confidential information, but in no event less than reasonable care; (b) not use the Disclosing Party's Confidential Information for any purpose outside the scope of these Terms; and (c) not disclose the Confidential Information to any third party except to employees, contractors, and agents who need to know and are bound by obligations of confidentiality at least as protective as those in this section. These obligations do not apply to information that: (i) is or becomes publicly known through no fault of the Receiving Party; (ii) was known to the Receiving Party before disclosure; (iii) is independently developed without use of Confidential Information; or (iv) is required to be disclosed by law or court order, provided the Receiving Party gives reasonable notice.

14. Beta & Preview Features

We may offer beta, preview, or experimental features ("Beta Features"). Beta Features are provided "as is" without warranty and may be modified or discontinued at any time without notice.

Beta Features may have reduced security, reliability, or availability compared to generally available features. We make no commitments regarding the future availability of Beta Features, and any Beta Feature may never be released as a generally available feature.

Any data processed through Beta Features may be subject to different retention or processing terms, which will be disclosed before you opt in. Your use of Beta Features is voluntary and at your own risk.

15. Service Level & Availability

15.1 Service Provided "As Is"

The Service is provided on an "as is" and "as available" basis. While we use commercially reasonable efforts to maintain the availability and reliability of the Service, we do not guarantee any specific uptime percentage or that the Service will be uninterrupted, timely, secure, or error-free.

15.2 Scheduled Maintenance

We may perform scheduled maintenance that temporarily affects the availability of the Service. We will use commercially reasonable efforts to provide advance notice of scheduled maintenance and to schedule maintenance during off-peak hours when possible.

15.3 Third-Party Dependencies

The Service depends on third-party services including, but not limited to, Meta Platforms (Instagram and Facebook APIs), OpenAI and other AI providers, cloud infrastructure providers, and payment processors. Ashoon is not responsible for any downtime, service degradation, data loss, or other issues caused by the unavailability, malfunction, or changes to these third-party services. Changes to third-party APIs, policies, or terms may require us to modify or discontinue certain features of the Service.

16. Disclaimer of Warranties

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, STATUTORY, OR OTHERWISE. ASHOON EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, VIRUS-FREE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (C) ANY WARRANTY REGARDING THE ACCURACY, RELIABILITY, QUALITY, COMPLETENESS, OR TIMELINESS OF AI-GENERATED CONTENT, RESPONSES, OR OUTPUT; (D) ANY WARRANTY REGARDING THE CONTINUED AVAILABILITY, COMPATIBILITY, OR FUNCTIONALITY OF THIRD-PARTY PLATFORMS, APIS, OR INTEGRATIONS, INCLUDING BUT NOT LIMITED TO META PLATFORMS, OPENAI, AND OTHER SERVICE PROVIDERS; (E) ANY WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; AND (F) ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. YOU ACKNOWLEDGE THAT YOU USE THE SERVICE AT YOUR OWN RISK AND THAT ASHOON SHALL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR USE OF THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASHOON, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OR INABILITY TO USE THE SERVICE; (B) ANY AI-GENERATED CONTENT, INCLUDING INACCURATE, INCOMPLETE, MISLEADING, OR INAPPROPRIATE RESPONSES; (C) ANY INTERRUPTION OR CESSATION OF THE SERVICE; (D) ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE SERVICE; (E) ANY ERRORS OR OMISSIONS IN THE SERVICE; (F) ANY THIRD-PARTY PLATFORM CHANGES, OUTAGES, OR POLICY MODIFICATIONS; OR (G) ANY OTHER MATTER RELATING TO THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ASHOON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ASHOON'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO ASHOON DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.

17.1 Liability Cap Carve-Outs

THE LIMITATIONS IN THIS SECTION DO NOT APPLY TO: (A) EITHER PARTY'S INDEMNIFICATION OBLIGATIONS; (B) EITHER PARTY'S BREACH OF CONFIDENTIALITY OBLIGATIONS; (C) ASHOON'S LIABILITY FOR DATA BREACHES CAUSED BY ASHOON'S FAILURE TO IMPLEMENT THE SECURITY MEASURES DESCRIBED IN OUR PRIVACY POLICY; (D) EITHER PARTY'S WILLFUL MISCONDUCT OR GROSS NEGLIGENCE; (E) LIABILITY THAT CANNOT BE LIMITED BY APPLICABLE LAW.

17.2 Data Breach Liability

In the event of a data breach caused by our failure to maintain the security measures described in our Privacy Policy, our liability shall be governed by applicable data protection laws including GDPR Article 82 and shall not be subject to the general limitation of liability set forth above.

THE LIMITATIONS OF LIABILITY SET FORTH ABOVE SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

18. Indemnification

18.1 Your Indemnification of Ashoon

You agree to indemnify, defend, and hold harmless Ashoon, its affiliates, officers, directors, employees, agents, suppliers, licensors, and successors from and against any and all claims, demands, actions, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or in connection with:

• Your violation or breach of any provision of these Terms or any applicable law or regulation
• Your Content, including any claims that your Content infringes or violates the intellectual property or other rights of any third party
• AI-generated content sent to your customers or End Users through the Service, including any claims, damages, or losses resulting from AI responses
• Any third-party claims arising from your use of the Service, including claims by your customers, End Users, or other third parties
• Your violation of any third-party Platform's terms of service, policies, or guidelines, including Meta's Platform Terms and Developer Policies
• Your deployment and use of the Widget on your websites, including any claims related to data collection, privacy violations, or failure to provide required disclosures to website visitors
• Any misrepresentation made by you or on your behalf through the Service
• Your negligence or willful misconduct in connection with the Service

18.2 Ashoon's Indemnification of Customer

Ashoon will defend, indemnify, and hold harmless Customer from third-party claims alleging that the Service (excluding AI-generated content and Customer content) infringes a third party's intellectual property rights, provided that Customer promptly notifies Ashoon, gives Ashoon sole control of the defense, and cooperates as reasonably requested.

Ashoon's indemnification obligations do NOT extend to: (a) AI-generated content; (b) Customer content or knowledge base materials; (c) use of the Service in combination with third-party products not provided by Ashoon; (d) modifications made by Customer to the Service or Widget code; (e) use of the Service in violation of these Terms.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Service informally by contacting us at . Both parties agree to negotiate in good faith for a period of at least thirty (30) days from the date the dispute notice is received before pursuing any other form of dispute resolution.

19.2 Binding Arbitration

If the dispute cannot be resolved through informal negotiation, you and Ashoon agree that any remaining dispute, claim, or controversy shall be resolved exclusively by binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, rather than in court, except as set forth below. Arbitration shall take place in the State of Delaware, United States, or remotely via video conference at the election of either party. The arbitration shall be conducted in the English language. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

Each party shall bear its own costs of arbitration. Filing fees shall be shared equally unless the arbitrator determines otherwise.

19.3 Statute of Limitations for Arbitration

Any arbitration must be commenced within one (1) year after the cause of action arises.

19.4 Class Action Waiver

YOU AND ASHOON AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND ASHOON AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PARTY'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO A JURY TRIAL.

19.5 Small Claims Exception

Either party may bring qualifying claims in small claims court for disputes within the jurisdiction of such court.

19.6 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 principles.

19.7 Jurisdiction

For any disputes not subject to arbitration, you consent to the exclusive jurisdiction of and venue in the state and federal courts located in the State of Delaware, United States. You waive any objection to the exercise of jurisdiction over you by such courts and any objection to venue in such courts.

20. Statute of Limitations

Any claim arising under these Terms must be brought within one (1) year after the cause of action arises, except where a shorter period is required by applicable law. Claims brought after this period are permanently barred.

21. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond the party's reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, civil unrest, embargoes, labor disputes or strikes, government actions, epidemics or pandemics, fire, flood, earthquake, power outages, internet or telecommunications failures, cyberattacks, third-party service outages (including cloud infrastructure providers, AI providers, and Platform APIs), or changes in applicable law or regulation. The affected party shall give prompt notice to the other party and shall use commercially reasonable efforts to mitigate the effects of the force majeure event.

22. Termination

22.1 Termination by You

You may cancel your account 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 the end of the paid period.

22.2 Termination by Ashoon for Cause

We may suspend or terminate your account immediately, without prior notice, if we reasonably believe that: (a) you have violated these Terms; (b) your use of the Service poses a security risk or may cause harm to other users, third parties, or Ashoon; (c) your use of the Service may subject Ashoon to liability; or (d) your account has been flagged for fraudulent or illegal activity. Termination by Ashoon for cause does not entitle you to any refund.

22.3 Termination by Ashoon for Convenience

We may terminate your account for any reason by providing you with at least thirty (30) days' prior written notice. In the event of termination for convenience, we will provide a prorated refund for any prepaid fees covering the unused portion of your Subscription.

22.4 Data Export

Upon termination or expiration of your account, you may request an export of your data in a machine-readable format (JSON or CSV) within thirty (30) days. We will make your data export available within ten (10) business days of receiving your request. After the thirty (30) day period, your data will be permanently deleted.

22.5 Effect of Termination

Upon termination of your account, your right to access and use the Service will cease immediately. Your data, including Content, configurations, and conversation history, will be deleted within thirty (30) days of termination, except where retention is required by applicable law, regulation, or legal process. It is your responsibility to request a data export as described above before the export period expires.

22.6 Survival

The following sections shall survive termination or expiration of these Terms: Definitions, Intellectual Property, Copyright Infringement & DMCA, Confidentiality, Disclaimer of Warranties, Limitation of Liability, Indemnification, Dispute Resolution, Statute of Limitations, and any other provisions that by their nature should survive termination.

23. Modifications to Terms

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. When we make material changes, we will provide notice by: (a) posting the updated Terms on our website with a revised "Last updated" date; (b) sending an email notification to the email address associated with your account; or (c) displaying a prominent notice within the Service.

Your continued use of the Service after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Service and cancel your account before the changes take effect. It is your responsibility to review these Terms periodically.

24. Notices

All legal notices to Ashoon must be sent to . Notices to you will be sent to the email address associated with your account.

Notices are deemed received: (a) if sent by email, on the date sent (unless bounced); (b) if posted in the Service, on the date posted; (c) if sent by postal mail, five (5) business days after mailing.

You are responsible for keeping your email address current. Failure to maintain a valid email address does not relieve you of any obligations under these Terms.

25. Relationship of Parties

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Ashoon.

Neither party has authority to bind the other or incur obligations on the other's behalf.

26. Publicity & Logo Use

Neither party may use the other party's name, logo, or trademarks for marketing or promotional purposes without prior written consent.

Notwithstanding the foregoing, Ashoon may include your company name in a list of customers on our website and marketing materials, unless you notify us in writing that you opt out.

27. Anti-Corruption

You agree to comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act (FCPA) and the UK Bribery Act 2010. You will not directly or indirectly offer, pay, or authorize payment of anything of value to any government official or private party to influence any action or obtain any improper advantage in connection with the Service.

28. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability shall not affect the remaining provisions, which shall continue in full force and effect. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties as closely as possible.

29. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements or policies referenced herein, constitute the entire agreement between you and Ashoon regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. No prior or contemporaneous oral or written statements, promises, or representations not contained in these Terms shall be binding on either party.

30. Assignment

You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without Ashoon's prior written consent. Any attempted assignment in violation of this section shall be null and void. Ashoon may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.

31. Waiver

The failure of Ashoon to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by Ashoon. No single or partial exercise of any right or remedy shall preclude any other or further exercise of such right or remedy or the exercise of any other right or remedy.

32. Third-Party Beneficiaries

These Terms do not confer any rights or remedies upon any person or entity other than the parties and their permitted successors and assigns. No person or entity other than the parties to these Terms shall have any right to enforce any provision of these Terms.

33. Export Compliance

You agree to comply with all applicable export and re-export control laws and regulations, including the U.S. Export Administration Regulations (EAR), trade and economic sanctions maintained by the U.S. Office of Foreign Assets Control (OFAC), and similar laws and regulations in other jurisdictions. You shall not, directly or indirectly, export, re-export, or transfer the Service or any data obtained through the Service to any country, entity, or person prohibited by applicable export laws without obtaining all required governmental authorizations.

34. Government Use

If you are a U.S. government entity or if the Service is being used on behalf of the U.S. government, the Service qualifies as "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. 12.212 (for civilian agencies) and 48 C.F.R. 227.7202 (for Department of Defense agencies). Accordingly, use, duplication, disclosure, modification, and adaptation of the Service shall be subject to the terms and conditions of these Terms, and no other government contract terms shall apply.

35. Cumulative Remedies

All remedies provided in these Terms are cumulative and in addition to any other remedies available at law or in equity.

36. Construction & Interpretation

These Terms shall not be construed more strictly against either party regardless of which party drafted or was primarily responsible for drafting any provision.

Section headings are for reference purposes only and shall not affect the interpretation or construction of these Terms.

37. Contact Information

If you have any questions, concerns, or requests regarding these Terms of Service, please contact us at: