Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY CREATING AN ACCOUNT, CLICKING "SIGN UP," ACCESSING, OR USING CHATZO IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.

1. Parties and Acceptance

These Terms of Service ("Terms") constitute a legally binding contract between you ("User," "Client," or "you") and Extreme Digital Studio LLP ("Company," "we," "us," or "our"), a company with its principal place of business at 22, 14th Street NW, Atlanta, Georgia, USA 30309, which owns and operates the Chatzo AI chatbot platform at chatzo.nestify.cloud and all associated subdomains and APIs (collectively, the "Service"). By registering, accessing, or using the Service in any way — including through an account created on your behalf by a Company administrator — you agree to these Terms and to our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of a company, organization, or other legal entity, you represent that you are authorized to bind that entity to these Terms; all references to "you" shall mean both you individually and such entity. These Terms supersede all prior oral or written understandings between you and the Company relating to the Service.

2. Description of Service

Chatzo is a software-as-a-service ("SaaS") platform that enables users to create, configure, and deploy AI-powered conversational chatbots ("Chatbots") trained on user-provided documents and knowledge-base content ("Knowledge Base"). Core capabilities include: AI chatbot creation and management; document upload, processing, and vector-based content indexing; AI response generation using large language models provided by OpenAI, L.L.C. ("OpenAI"); chatbot embedding and integration on third-party websites; messaging-platform integrations (including Telegram and WhatsApp); voice synthesis powered by OpenAI Text-to-Speech ("TTS") technology; usage analytics and token-consumption reporting; and administrative management tools for enterprise clients. The Company reserves the right, at its sole discretion, to modify, suspend, add, remove, or discontinue any feature, functionality, integration, or aspect of the Service at any time, with or without prior notice, without liability to you.

3. Account Registration and Eligibility

You must be at least 18 years of age and capable of entering into a legally binding contract to register for or use the Service. By registering, you represent and warrant that you meet these eligibility requirements. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. You are solely responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account, whether or not authorized by you. You must notify us immediately at info@nestify.cloud if you suspect any unauthorized use of your account. The Company will not be liable for any loss or damage arising from your failure to protect your credentials. You may not share your account with any other person, create accounts using automated methods, or register more than the number of accounts permitted under your subscription plan. We reserve the right to refuse registration to any person or entity for any reason at our sole discretion. Accounts created by Company administrators on behalf of clients are governed by these Terms in the same manner as self-registered accounts; the administrator is responsible for ensuring that the client user is informed of and agrees to these Terms.

4. Subscription Plans and Pricing

Access to the full features of the Service requires purchase of a subscription plan ("Plan"). Plans differ in token allowances, storage limits, number of chatbots permitted, and other features as described on our pricing page at the time of purchase. All Plan pricing is stated in United States Dollars (USD) and is exclusive of any applicable taxes unless otherwise stated. The Company may offer free trial plans with limited features or time periods, subject to Section 7 of these Terms. The Company reserves the right to change Plan pricing, features, and availability at any time; existing subscribers will be notified of material pricing changes at least 15 days prior to their next renewal date via the email address associated with their account. Your continued use of the Service after a notified price change constitutes acceptance of the new pricing. Token allowances represent AI processing usage (including but not limited to text generation and TTS audio); unused tokens at the end of a billing period expire and do not roll over to the next billing period. Token consumption is calculated solely by the Company's systems, and such calculations are final and binding.

5. Billing, Payment, and Automatic Renewal

All subscriptions are billed in advance for the applicable billing period (monthly or annual). Payment is processed by Stripe, Inc. ("Stripe"), a third-party payment processor. By providing payment information, you authorize the Company and Stripe to charge your payment method for the applicable Plan fees. All fees are due at the beginning of each billing period. SUBSCRIPTIONS AUTOMATICALLY RENEW AT THE END OF EACH BILLING PERIOD AT THE THEN-CURRENT PLAN RATE UNLESS CANCELLED BEFORE THE RENEWAL DATE. You are solely responsible for cancelling your subscription prior to renewal if you do not wish to be charged. Cancellation may be completed through your account settings or by contacting info@nestify.cloud prior to the renewal date. The Company is not responsible for and will not refund charges resulting from your failure to cancel before a renewal date. All payments are processed and stored securely by Stripe; the Company does not store your full payment card details. You agree to pay all applicable taxes, including but not limited to sales tax, GST, or VAT, that may be imposed on your subscription. Failure to pay may result in service suspension or termination without notice. If a payment fails, the Company may retry the charge and/or suspend access to the Service until payment is received.

6. Refunds, Cancellations, and Chargebacks

ALL SUBSCRIPTION FEES AND PAYMENTS ARE STRICTLY NON-REFUNDABLE. This applies without limitation to: (a) partial billing periods; (b) unused token allowances; (c) unused storage; (d) unused chatbot slots; (e) any feature that was available but not used; (f) dissatisfaction with the quality, accuracy, or nature of AI-generated responses, which is an inherent characteristic of AI technology and not a defect in the Service; (g) cases where the Service was available and accessible during the billing period but you chose not to use it; and (h) voluntary account cancellation at any time during a billing period. The sole exception to this no-refund policy is as follows: if the Service is wholly inaccessible for a continuous period exceeding seventy-two (72) hours within a single billing period due to a failure solely and directly attributable to Company-controlled infrastructure (excluding, without limitation, third-party service failures including but not limited to OpenAI, Stripe, Qdrant, Twilio, Telegram, WhatsApp, or any internet or telecommunications provider), and you submit a documented written refund request to info@nestify.cloud within seven (7) days of the end of the billing period in which the outage occurred, the Company may, at its sole discretion, issue a pro-rated account credit (not a monetary refund) for the documented inaccessible period only. Such credit has no cash value and may only be applied toward future Service subscriptions. All refund requests are reviewed at the Company's sole discretion, and the Company's decision is final. Free trial periods are provided at no cost and are not eligible for any refund or credit under any circumstance. The Company reserves the right to issue refunds in exceptional circumstances as a matter of goodwill, which shall not constitute a precedent or waiver of this no-refund policy. If you initiate a chargeback or payment dispute with your bank or card issuer, the Company reserves the right to immediately suspend or permanently terminate your account, recover any amounts due (including chargeback fees and administrative costs) through any available legal means, and report fraudulent activity to appropriate authorities. You agree that disputing a charge for which you were correctly billed under these Terms constitutes a breach of this agreement.

7. Free Trials and Promotional Offers

The Company may, at its discretion, offer free trial access to the Service for a limited period. Free trials are available once per user and once per organization. The Company reserves the right to verify eligibility and to withdraw trial access if it determines, in its sole discretion, that a user has previously used a free trial (including through a different email address or account) or that the trial is being abused. At the conclusion of a free trial period, continued use of the Service requires purchase of a paid Plan. Promotional pricing, discounted plans, or special offers are valid only for the period and under the conditions specified at the time of the offer, and are not retroactively applicable to prior billing periods. The Company may modify or discontinue promotional offers at any time without notice.

8. User Content and Knowledge Base

The Service allows you to upload, submit, store, and process documents, text, files, and other materials ("User Content") to create and train your Chatbots' Knowledge Base. You retain full ownership of all User Content you upload. By uploading User Content, you grant the Company a limited, non-exclusive, worldwide, royalty-free license to host, store, transmit, index, process, and use your User Content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account, subject to any retention periods described in our Privacy Policy or required by law. You represent, warrant, and covenant that: (a) you own or have all necessary rights, licenses, consents, and permissions with respect to all User Content; (b) your User Content does not and will not infringe, misappropriate, or violate any third-party intellectual property right, privacy right, or any applicable law or regulation; (c) your User Content does not contain any material that is unlawful, defamatory, obscene, harmful, or otherwise objectionable; (d) if your User Content contains personal data of third parties (including end-users of your Chatbots), you have obtained all necessary consents and are in compliance with all applicable data protection laws, including GDPR and CCPA, and you assume full legal responsibility as the data controller for such personal data; (e) you will not upload sensitive personal information including but not limited to financial account numbers, social security numbers, government identification numbers, health records, or biometric data unless permitted by applicable law and with all required consents. The Company is not responsible for reviewing, monitoring, or verifying the accuracy, legality, or appropriateness of any User Content. You acknowledge that User Content is processed through OpenAI's API to generate AI responses and embeddings; by using the Service, you consent to this processing. The Company has implemented technical safeguards to prevent User Content from being used to train OpenAI's foundational models, consistent with OpenAI's API data usage policies, however the Company makes no warranty or guarantee regarding OpenAI's data handling practices beyond those publicly stated by OpenAI. The Company does not sell, lease, or disclose User Content to third parties for their independent purposes. The Company reserves the right to remove any User Content that violates these Terms, without notice or liability.

9. Intellectual Property Rights

The Service, including all software, source code, algorithms, design, user interface elements, trademarks, logos, graphics, and documentation, is owned by or licensed to the Company and is protected by applicable intellectual property laws. Nothing in these Terms transfers any right, title, or interest in the Service or the Company's intellectual property to you. You are granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service solely for your internal business purposes in accordance with these Terms. You may not: copy, reproduce, distribute, or publicly display any part of the Service; reverse-engineer, decompile, disassemble, or attempt to derive the source code of the Service; create derivative works based on the Service; remove or alter any proprietary notices; use the Service to build a competitive product or service; or use automated tools to scrape or extract data from the Service. Any feedback, suggestions, or ideas you provide regarding the Service ("Feedback") may be used by the Company freely and without obligation to you.

10. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service to: (a) upload, transmit, or process any content that is illegal, fraudulent, defamatory, harassing, threatening, obscene, or otherwise objectionable; (b) infringe or misappropriate any intellectual property right of any third party; (c) collect, harvest, or store personal information about other users without their knowledge or consent; (d) distribute spam, unsolicited communications, or malware; (e) circumvent, disable, or interfere with security-related features of the Service; (f) gain unauthorized access to any system, network, or account; (g) probe, scan, or test the vulnerability of the Service; (h) use the Service to generate disinformation, impersonate any person or entity, or engage in deceptive practices; (i) attempt to extract, reverse-engineer, or replicate the AI models, embeddings, or underlying algorithms used by the Service; (j) violate any applicable local, state, federal, or international laws or regulations. The Company reserves the right, but not the obligation, to monitor use of the Service for compliance with this policy. Violation of this policy may result in immediate suspension or termination of your account without notice or refund.

11. AI-Generated Content Disclaimer

The Service uses large language model technology, including models provided by OpenAI, to generate Chatbot responses ("AI Outputs"). AI Outputs are generated automatically based on statistical patterns in training data and your Knowledge Base, and do not represent the verified views, opinions, or advice of the Company. AI OUTPUTS MAY BE INACCURATE, INCOMPLETE, OUTDATED, BIASED, OR OTHERWISE INAPPROPRIATE FOR ANY PARTICULAR PURPOSE. AI OUTPUTS SHOULD NEVER BE RELIED UPON AS PROFESSIONAL MEDICAL, LEGAL, FINANCIAL, PSYCHOLOGICAL, OR OTHER REGULATED ADVICE. YOU AND YOUR END-USERS ARE SOLELY RESPONSIBLE FOR EVALUATING THE ACCURACY AND APPROPRIATENESS OF ALL AI OUTPUTS. The Company disclaims all liability arising from reliance on AI Outputs by you or any third party. You are solely responsible for configuring your Chatbots with appropriate instructions, disclaimers, and safeguards, and for ensuring that your Chatbots comply with all applicable laws and regulations in the jurisdictions where they are deployed.

12. Third-Party Services and Integrations

The Service integrates with and depends on third-party services, including but not limited to: OpenAI (AI processing and TTS); Stripe (payment processing); Qdrant (vector database storage); Google (authentication); Telegram; WhatsApp (via Meta Platforms); and others. Your use of third-party services through the Service is subject to each provider's own terms of service and privacy policies, which you are responsible for reviewing and accepting. The Company does not control and is not responsible for the availability, accuracy, security, privacy practices, or any act or omission of any third-party service. The Company will not be liable to you for any loss, damage, cost, or inconvenience caused by third-party service failures, outages, changes, or discontinuations, including but not limited to outages by OpenAI that result in the Service being unavailable or degraded. The availability of third-party integrations (such as Telegram, WhatsApp, or Google Sign-In) is not guaranteed and may be modified or removed at any time.

13. Service Availability and Support

The Company endeavors to maintain Service availability but does not guarantee any specific uptime percentage. The Service is provided on an "as available" basis. Scheduled maintenance, emergency maintenance, infrastructure upgrades, and third-party provider outages may result in the Service being temporarily unavailable. The Company will make reasonable efforts to provide advance notice of planned maintenance. Support is provided via email at info@nestify.cloud during business hours. Response times are not guaranteed. The Company does not offer a service level agreement (SLA) unless expressly agreed to in a separate written contract signed by an authorized Company representative.

14. Confidentiality

Each party agrees to keep confidential any non-public information of the other party that is designated as confidential or that reasonably should be understood to be confidential ("Confidential Information"). You acknowledge that all technical, commercial, and product information about the Service constitutes Confidential Information of the Company. The Company acknowledges that your User Content and account configuration data constitute your Confidential Information. Neither party will disclose the other's Confidential Information to third parties without prior written consent, except as required by law, court order, or regulatory authority, and then only with reasonable prior notice to the other party where legally permissible.

15. Termination

You may terminate your account at any time through your account settings or by contacting info@nestify.cloud. Termination does not entitle you to any refund for prepaid fees. The Company may suspend or terminate your account and access to the Service at any time, with or without cause, with or without notice, and without liability to you. Grounds for termination include but are not limited to: violation of these Terms; non-payment of fees; fraudulent use of the Service; conduct that the Company believes is harmful to other users, third parties, or the Company; requests by law enforcement or government agencies; extended periods of inactivity; or discontinuation of the Service. Upon termination for any reason: all licenses granted to you under these Terms immediately terminate; you must cease all use of the Service; the Company may delete your account data after a reasonable period (typically 30 days, but shorter periods may apply in cases of violations or legal requirements); and you remain liable for all fees incurred prior to termination. Sections that by their nature should survive termination (including Sections 6, 8, 9, 11, 16, 17, 18, and 19) shall survive termination of these Terms.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; (B) AI OUTPUTS WILL BE ACCURATE, COMPLETE, OR RELIABLE; (C) ANY ERRORS WILL BE CORRECTED; OR (D) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS; TO THE EXTENT SUCH DISCLAIMERS ARE NOT PERMITTED UNDER APPLICABLE LAW, THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OR INABILITY TO USE THE SERVICE, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON LIABILITY; THE FOREGOING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE EXISTENCE OF MORE THAN ONE CLAIM SHALL NOT ENLARGE THIS LIMIT.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, directors, employees, contractors, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of and access to the Service; (b) any User Content you upload, submit, or process through the Service, including any claim by a third party that your User Content infringes their intellectual property or privacy rights; (c) your violation of these Terms; (d) your violation of any applicable law or regulation; (e) your breach of any representation or warranty made in these Terms; (f) any claim relating to AI Outputs generated by your Chatbots and presented to your end-users; or (g) any claim by your end-users arising from their use of your Chatbots. The Company reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with the Company's defense of such claims.

19. Dispute Resolution, Binding Arbitration, and Governing Law

PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS. These Terms and any dispute or claim arising from or relating to the Service shall be governed exclusively by the laws of the State of Georgia, United States of America, without regard to its conflict-of-law provisions. Any dispute, controversy, or claim arising out of or relating to these Terms, the Service, or the breach, termination, or validity thereof, shall first be attempted to be resolved by informal good-faith negotiation by notifying the other party in writing. If the dispute is not resolved within thirty (30) days of such notice, either party may submit the dispute to binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, with proceedings conducted in Atlanta, Georgia, in the English language. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR REPRESENTATIVE ACTIONS. Nothing in this Section prevents either party from seeking injunctive or other equitable relief from a court of competent jurisdiction for matters involving intellectual property rights, unauthorized access, or imminent irreparable harm. For claims that qualify for small claims court, either party may pursue such claim in the small claims court located in Fulton County, Georgia, in lieu of arbitration.

20. Modifications to Terms

The Company reserves the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page with a new "Last updated" date, and where required, by sending a notification to your registered email address. Your continued use of the Service after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to modified Terms, you must stop using the Service and cancel your subscription before the new Terms take effect. We encourage you to review these Terms periodically.

21. General Provisions

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and the Company relating to the Service and supersede all prior agreements, representations, or understandings. If any provision of these Terms is found to be unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or if it cannot be so modified, severed from these Terms, and the remaining provisions shall remain in full force and effect. The Company's failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. You may not assign or transfer these Terms or any rights or obligations hereunder without the Company's prior written consent; the Company may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, or agency relationship between you and the Company. Headings in these Terms are for convenience only and shall not affect interpretation. All notices to the Company must be sent in writing to info@nestify.cloud and are effective upon confirmed receipt.

22. Contact

For questions or notices relating to these Terms:

Extreme Digital Studio LLP  ·  22, 14th Street NW, Atlanta, Georgia, USA 30309  ·  info@nestify.cloud