Terms of Service

Terms of Service for TopChat.bot

1. Acceptance of Terms

By accessing or using TopChat.bot (“Company,” “we,” “us,” or “our”) and our services (the “Services”), you (“User” or “you”) agree to be bound by these Terms of Service (“Terms”).

If you do not agree to these Terms, you must not use the Services.

2. Eligibility

You must be at least 18 years old and capable of entering into a legally binding agreement to use the Services.

3. Account Registration

To access certain features, you must create an account.

You agree to:

  • Provide accurate and complete information
  • Keep your information updated
  • Maintain the confidentiality of your login credentials
 

You are fully responsible for all activities under your account.

4. Communications & Marketing Consent

By creating an account, you agree that we may send you:

  • Transactional emails (account, billing, service notices)
  • Product updates and feature announcements
  • Onboarding and training communications
  • Promotional and marketing communications
 

You may opt out of promotional communications at any time using the unsubscribe link provided. You cannot opt out of essential service-related communications.

5. Use of Services

You are responsible for your use of the Services and any content you create, transmit, or store.

You agree to comply with all applicable laws and regulations.

6. Acceptable Use Policy

You agree NOT to use the Services to:

  • Send spam or unsolicited communications
  • Harass, abuse, or harm others
  • Engage in fraudulent or deceptive practices
  • Impersonate individuals or entities
  • Collect or process personal data unlawfully
  • Violate applicable laws (including privacy and marketing laws)
  • Use bots in a misleading way without proper disclosure
 

Messaging Compliance

You are solely responsible for compliance with laws including:

  • CAN-SPAM Act
  • TCPA
  • GDPR (if applicable)
 

You represent that you have obtained all necessary consents from your contacts.

7. AI and Automation Disclaimer

The Services may include AI-generated outputs.

You acknowledge that:

  • AI outputs may be inaccurate, incomplete, or misleading
  • Outputs are provided for informational purposes only
  • You are solely responsible for reviewing and validating outputs
 

We are not responsible for decisions made based on AI-generated content.

8. Third-Party Services

The Services may integrate with third-party providers.

We are not responsible for:

  • Third-party outages
  • API limitations or changes
  • Account bans from external platforms
 

9. Subscription, Billing, and Payments

9.1 Pricing

Pricing may be updated at any time.

9.2 Auto-Renewal

Subscriptions automatically renew unless canceled prior to the next billing cycle.

9.3 Cancellation

Cancellation takes effect at the end of the billing period.

9.4 Refund Policy

Except where required by law, all payments are non-refundable.

10. Fair Use and Service Limits

We may impose limits on:

  • Message volume
  • API usage
  • Storage
  • Processing capacity
 

We reserve the right to suspend or restrict accounts that exceed reasonable use.

11. Inactive Accounts and Data Deletion

We reserve the right to deactivate or delete accounts that remain inactive for 60 days.

This applies particularly to:

  • Free accounts
  • Expired trial accounts
 

If your account contains more than 500 contacts, we will make reasonable efforts to notify you. In such a case, a 14-day notice period will be provided prior to deletion.

Upon deletion:

  • All associated data (contacts, messages, configurations) may be permanently removed.
 

12. Data Responsibility

You are solely responsible for maintaining backups of your data.

We are not obligated to retain data after:

  • Account termination
  • Inactivity
  • Subscription expiration
 

13. Intellectual Property

All rights in the Services remain with the Company.

You are granted a limited, non-exclusive, non-transferable license to use the Services.

You retain ownership of your content.

14. Account Suspension and Termination

We may suspend or terminate your account if:

  • You violate these Terms
  • You misuse the Services
  • Your use creates risk or harm

Upon termination:

  • Access ceases immediately
  • Data may be deleted
 

15. Service Modifications

We may:

  • Modify features
  • Change pricing
  • Adjust limits
 

16. Disclaimer of Warranties

Services are provided “as is” and “as available.”

We disclaim all warranties including:

  • Merchantability
  • Fitness for a particular purpose
  • Non-infringement
 

17. Limitation of Liability

To the maximum extent permitted by law:

We are not liable for:

  • Indirect, incidental, or consequential damages
 

Our total liability shall not exceed the amount paid by you in the 12 months preceding the claim.

18. Indemnification

You agree to indemnify and hold harmless the Company from claims arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of laws
 

19. Privacy

Your use of the Services is governed by our Privacy Policy.

20. Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Florida.

All disputes shall be resolved in courts located in Florida.

21. Dispute Resolution (Arbitration)

Any dispute arising from these Terms shall be resolved through binding arbitration, rather than in court.

You agree to:

  • Waive the right to a jury trial
  • Waive participation in class actions
 

22. Force Majeure

We are not liable for delays or failures caused by events beyond our control, including:

  • Natural disasters
  • Internet failures
  • Infrastructure outages
  • Third-party disruptions
 

23. Changes to Terms

We may update these Terms at any time.

Continued use constitutes acceptance.

24. Miscellaneous

If any provision is unenforceable, the rest remains valid.

Failure to enforce any right is not a waiver.

25. Contact Information

TopChat.bot
Email: tech@topchat.bot