Terms Of Service

1. Acceptance of these Terms

These Terms of Service (the “Terms“) are a binding agreement between Gala Taitto LLC (“OptInBot,” “we,” “our,” or “us”) and the person or entity accepting them (“Customer,” “you,” or “your”). By clicking “I agree,” creating an account, embedding our chatbot widget on any website, or otherwise using our services, you agree to be bound by these Terms. If you do not agree, do not use the services.

If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. Definitions

• “Service” — the OptInBot dashboard at app.optinbot.io, the embeddable chatbot widget, associated APIs, and any related documentation and support.
• “Widget” — the JavaScript chatbot we provide for embedding on your website.
• “Customer Data” — any data, content, configuration, uploaded documents, chatbot instructions, or integration credentials you provide or that visitors submit through your Widget.
• “Visitor” — a person interacting with your Widget on a website where you have embedded it.
• “Integration” — a third-party service (for example Google Calendar or Slack) that you explicitly connect to your OptInBot account.

3. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. The Service is not intended for use by anyone under 16. You represent that all information you provide is accurate and that your use of the Service will comply with all applicable laws.

4. Account registration

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us immediately at [email protected] if you suspect any unauthorized access. We are not liable for any loss or damage arising from your failure to safeguard your credentials.

5. Description of the Service

OptInBot provides an AI-powered chatbot that businesses can embed on their websites to answer visitor questions, capture leads, and — when you connect the relevant integration — schedule meetings on your calendar. Chatbot behavior is driven by the instructions and knowledge base you configure in the dashboard.

We may add, modify, or remove features at any time. We will use commercially reasonable efforts to notify you in advance of material changes that reduce the Service’s core functionality.

6. Plans, trials, billing, renewals, and cancellation

Plans and pricing

Current plans and pricing are published in the dashboard and on optinbot.io. We may change pricing on renewal by giving you at least 30 days’ advance notice at the email on file.

Free trial

If we offer a free trial, it lasts for the period stated at signup. At the end of the trial, your account will move to an inactive state unless you have started a paid subscription. Widget functionality on your customer-facing website is disabled while the account is inactive.

Billing

Paid subscriptions are billed in advance on the recurring interval you selected (monthly or annual). Payments are processed by our third-party payment processor. You authorize us and our payment processor to charge your chosen payment method for each billing cycle.

Auto-renewal

Subscriptions automatically renew at the end of each billing cycle at the then-current price for that plan, unless you cancel before the renewal date. You can cancel anytime from the Billing page in your dashboard; cancellation takes effect at the end of the current billing period.

No refunds

All fees are non-refundable, including for partial billing periods, unused features, or downgrades. This section does not limit any rights you have under mandatory consumer protection laws in your jurisdiction.

Failed payments

If a scheduled charge fails, we may retry the charge and temporarily suspend your account and Widget functionality. Persistent non-payment may result in termination of your account under Section 15.

Taxes

Fees are exclusive of taxes. You are responsible for all applicable taxes other than taxes on our net income.

7. Customer Data

Ownership

You retain all right, title, and interest in Customer Data. We claim no ownership over it.

License to us

You grant us a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, display, and back up Customer Data solely to provide, secure, and improve the Service.

Your responsibility

You represent and warrant that (a) you have all rights and permissions needed to submit Customer Data to the Service and to have us process it as described in our Privacy Policy, (b) Customer Data does not violate any third party’s rights, and (c) the notices and consents you obtain from Visitors (including notice that a chatbot may collect their personal information) comply with all applicable law.

Data protection and security

Our data-handling and security practices are described in our Privacy Policy. Where we act as a data processor for Customer Data, our processing is limited to your documented instructions, which include your configuration of the Service.

8. Acceptable use

You will not, and will not permit anyone using your account or your embedded Widget to:

• Engage in fraudulent, deceptive, illegal, or harmful activity.
• Send spam or unsolicited marketing, or violate anti-spam laws (CAN-SPAM, CASL, GDPR, etc.).
• Impersonate any person or entity, or misrepresent your affiliation with any person or entity.
• Attempt to gain unauthorized access to the Service, any accounts, or any systems connected to the Service.
• Reverse-engineer, decompile, or attempt to extract the source code of the Service or Widget (except to the extent this restriction is unenforceable under applicable law).
• Use the Service to build, train, or improve a competing chatbot or machine learning product.
• Circumvent rate limits, security controls, or usage monitoring.
• Configure the chatbot to produce content that is unlawful, defamatory, obscene, abusive, or that infringes intellectual property rights.
• Embed the Widget on any website you do not own or have written permission to modify.
• Collect Visitor data for purposes you have not disclosed to Visitors in your own privacy policy.

We may investigate, refuse, or suspend accounts we reasonably believe are engaged in prohibited conduct.

9. AI-generated content

The chatbot uses a third-party large language model to generate responses. AI output can be inaccurate, incomplete, biased, or otherwise unsuitable. You are solely responsible for reviewing your chatbot’s Instructions, testing the chatbot’s behavior before publishing the Widget, and monitoring its output over time. We make no representation that AI-generated responses will be accurate, appropriate for a particular purpose, or free from errors. You should not rely on the chatbot for medical, legal, financial, or safety-critical advice.

10. Third-party integrations

When you connect an Integration (for example Google Calendar or Slack), you authorize us to access and use data from that Integration solely to provide the features you enabled. Your use of any Integration is also subject to that provider’s own terms and privacy policies. We are not responsible for the acts, omissions, or terms of any Integration provider. If an Integration becomes unavailable, changes its API, or terminates our access, we may modify or discontinue the corresponding OptInBot feature without liability.

You represent that you have the right to authorize the connection between OptInBot and any Integration you connect, and that doing so does not violate any obligation you owe to a third party (for example your employer’s IT policies).

11. Intellectual property

Our IP

We and our licensors own all right, title, and interest in and to the Service, the Widget, the underlying software, documentation, and all improvements to any of the foregoing, including all intellectual property rights. Except for the limited rights we expressly grant you, no rights are granted by implication, estoppel, or otherwise.

Limited license to you

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license during your subscription to (a) access and use the Service and (b) embed the Widget on websites you own or control.

Feedback

If you provide us feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or attribution.

Trademarks

“OptInBot” and our logos are our trademarks. You may not use them without our prior written consent, except to accurately identify OptInBot as a service you use.

12. Confidentiality

Each party may receive information from the other that is marked confidential or that a reasonable person would understand to be confidential (“Confidential Information“). The receiving party will (a) use Confidential Information only to perform under these Terms, (b) protect it using the same care it uses for its own similar information (and no less than reasonable care), and (c) not disclose it except to employees, contractors, and advisors who have a need to know and are bound by comparable confidentiality obligations. This section does not apply to information that is public through no fault of the receiving party, was known before disclosure, is independently developed, or is rightfully received from a third party without confidentiality restrictions.

13. Suspension

We may suspend your access to the Service, in whole or in part, if we reasonably believe that (a) your use poses a security risk or may adversely affect the Service or other users, (b) your use may result in liability to us or a third party, (c) you have violated these Terms, or (d) your account is delinquent on payment. Where practical, we will notify you before suspending; where not practical, we will notify you as soon as reasonably possible afterward.

14. Termination

Either party may terminate these Terms by cancelling the subscription and closing the account. We may terminate immediately for a material breach of these Terms that is not cured within 15 days after notice, or immediately upon notice for repeated or egregious breaches (including violations of Section 8).

On termination:

• Your access to the Service, dashboard, and Widget functionality ends.
• We will delete Customer Data in accordance with the retention terms of our Privacy Policy. You should export any data you want to keep before termination.
• Sections that by their nature should survive termination will survive, including Sections 7 (Customer Data ownership), 11 (Intellectual Property), 12 (Confidentiality), 15 (Warranty Disclaimer), 16 (Limitation of Liability), 17 (Indemnification), and 20 (Governing Law).

15. Warranty disclaimer

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” To the maximum extent permitted by law, we disclaim all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from viruses or other harmful components, or that any content (including AI-generated content) will be accurate or reliable.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• In no event will either party be liable to the other for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or business opportunity, arising out of or related to these Terms, even if advised of the possibility of such damages.
• Our total aggregate liability arising out of or related to these Terms will not exceed the greater of (a) the total amount you paid us for the Service in the 12 months preceding the event giving rise to the claim, or (b) US$100.
• These limitations apply regardless of the form of action (contract, tort, statute, or otherwise) and even if a limited remedy fails of its essential purpose.

Nothing in these Terms limits liability that cannot be limited under applicable law.

17. Indemnification

You will defend, indemnify, and hold harmless OptInBot, its affiliates, and their respective officers, directors, employees, and agents from and against any third-party claims, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (a) your Customer Data, (b) your or your Visitors’ use of the Service or Widget, (c) your breach of these Terms, (d) your breach of any Integration provider’s terms, or (e) your violation of applicable law.

18. Modifications to the Service or Terms

We may modify these Terms from time to time. Material changes will be posted at optinbot.io/terms with a revised “Last updated” date and announced to active customers by email at least 14 days before they take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree, cancel your subscription before the effective date.

19. Notices

We may provide notices to you by email at the address on your account, by posting in the dashboard, or by updating our website. You may send notices to us at [email protected]. Notices are effective when sent.

20. Governing law and dispute resolution

These Terms are governed by the laws of the State of Wyoming, United States, without regard to conflict-of-laws principles. The parties consent to the exclusive jurisdiction of the state and federal courts located in Sheridan, Wyoming for any dispute not subject to arbitration.

Informal resolution first: before filing any claim, the parties will attempt in good faith to resolve the dispute by contacting the other party’s designated notice address and negotiating for at least 30 days.

Class action waiver: to the maximum extent permitted by law, each party may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class or representative action.

21. Miscellaneous

• Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, sale of assets, or by operation of law.
• Force majeure. Neither party is liable for delay or failure to perform due to events beyond its reasonable control (natural disasters, war, terrorism, labor disputes, internet outages, cloud-provider failures, governmental actions).
• Waiver. A party’s failure to enforce any provision is not a waiver of its right to do so later.
• Severability. If any provision is held unenforceable, the rest remains in effect and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.
• Independent contractors. The parties are independent contractors; these Terms do not create any agency, partnership, or joint venture.
• Entire agreement. These Terms, together with the Privacy Policy and any order form, are the entire agreement between the parties on the subject matter and supersede any prior agreements.
• Order of precedence. In the event of a conflict, the order of precedence is: (1) an executed order form or MSA, (2) these Terms, (3) the Privacy Policy.

22. Contact

Gala Taitto LLC
Email: [email protected]