Terms of Service
1. Agreement
These Terms are an agreement between Websiteflix, Inc. ("we", "us") and the business or person that creates a TelliDesk Chat account ("you", the "Customer"). By creating an account or using the Service, you accept these Terms and our Privacy Policy. If you accept for a company, you confirm you have authority to bind it. You must be at least 18 years old and use the Service for business purposes.
2. The Service
TelliDesk Chat (the "Service") lets businesses add an AI-assisted chat to their website and messaging accounts, answer visitors with an AI assistant trained on content you provide, and hand conversations to your team. Features vary by plan and may change as we improve the Service; we will not materially reduce the core features of a paid plan during a billing period you have already paid for.
3. Accounts and team members
- Keep your login details secure, and use two-factor authentication where possible. You are responsible for activity in your account, including by team members you invite.
- The account owner controls the workspace, billing and team access. Team members' use counts toward your plan's seats.
- Give accurate information and keep it up to date. Tell us promptly at [email protected] if you suspect unauthorized access.
4. Plans, billing and cancellation
- Subscriptions. Paid plans are billed in advance, monthly or yearly as you choose, in US dollars, through our payment processor Stripe. They renew automatically for the same period (each month, or each year) until cancelled. Prices are shown on our pricing page and exclude any applicable taxes. Usage limits such as AI replies reset each calendar month on both monthly and yearly plans.
- Changing plans or billing period. Upgrades, and switches between monthly and yearly billing, are charged when you make them, less a credit for the unused part of your current plan, and your billing date moves to that day. Moving to a smaller paid plan leaves a credit that pays your next invoices; credits are not paid out in cash.
- Upgrades take effect immediately. You are charged the prorated difference for the rest of the current billing period.
- Downgrades to another paid plan take effect immediately, and the unused part of your previous plan becomes a credit on future invoices.
- Cancellation. You can cancel any time from the Billing page. Cancelling or moving to the Free plan takes effect at the end of the current billing period (the end of the month, or of the paid year on a yearly plan); you keep your paid features until then and are not charged again.
- Refunds. All payments, monthly and yearly, are non-refundable, including for unused time on a yearly plan, except where required by law, or where we terminate the Service without cause, in which case we refund the unused prepaid portion. We recommend trying the Free plan before you buy.
- Failed payments. If a payment fails, we retry it and notify you. If it remains unpaid, we may move the account to the Free plan or suspend it.
- Price changes. We will give at least 30 days' notice of a price increase, which applies from your next billing period after the notice.
- Third-party charges. Charges from other providers are separate and billed by them, for example WhatsApp conversation fees billed by Meta to your WhatsApp Business Account.
5. Plan limits
Each plan includes limits, such as AI replies per calendar month, knowledge sources, team seats and macros, shown on the pricing and Billing pages. When you reach the monthly AI reply limit, your chat keeps working but new questions go to your team instead of the AI assistant until the next month or until you upgrade. If you move to a plan with lower limits, extra team seats and knowledge sources are paused, not deleted, and you choose which stay active. Your conversation history is kept.
6. Your data
- You own your data: the content you upload and the conversations with your visitors ("Customer Data"). You give us permission to host, process and transmit Customer Data only as needed to provide, secure and support the Service, and as described in our Privacy Policy.
- Our role. For conversation data, we act as your processor or service provider. We process it only on your instructions, keep it confidential, protect it with reasonable security, use the subprocessors listed in our Privacy Policy, and help you respond to visitors' privacy requests. If your use requires a separate Data Processing Agreement (for example, under the GDPR), contact us and we will provide one.
- Export and deletion. You can export contacts at any time. When your account is closed, we delete Customer Data within 30 days, except billing records we must keep by law.
- Aggregate data. We may use anonymous, aggregated statistics about use of the Service (for example, total AI replies sent) to operate and improve it. These never identify you or your visitors.
7. Your responsibilities toward your visitors
- Tell visitors on your website, in your own privacy notice, that you use a chat service with AI answers, and how you handle chat data. This includes features you enable, such as live typing previews, analytics integrations and visitor reply emails.
- Have a lawful basis, including any consent required, for the personal data you collect and for the messages you send, including on WhatsApp, Messenger and Instagram.
- Make sure your knowledge sources are accurate and that you have the right to use them.
- Follow the rules of any platform you connect, including the WhatsApp Business Messaging Policy, Meta's Platform Terms and Commerce Policies, and the terms of any integration you enable.
8. Acceptable use
You must not use the Service to:
- send spam or unsolicited bulk messages, or contact people who have not agreed to hear from you;
- break any law or anyone's rights, including privacy, consumer protection and intellectual property laws;
- collect sensitive data without the safeguards the law requires, such as full card numbers, government ID numbers, health records, or data from children;
- harass, deceive or impersonate anyone, or pretend the AI assistant is a human when someone sincerely asks;
- rely on AI answers alone for legal, medical, financial or other decisions that significantly affect people, without human review;
- spread malware, probe or overload our systems, get around plan limits or security, or resell the Service without our written permission.
We may remove content or suspend accounts that break these rules, as described in section 12.
9. AI answers
AI answers are generated automatically from your knowledge sources and the conversation, and can be inaccurate, incomplete or out of date. You are responsible for the content you provide, for reviewing how your assistant answers, and for any commitments made to your visitors. We do not guarantee any particular answer or outcome. You can hand any conversation to a person and turn the AI off at any time.
10. Third-party services
The Service works with third-party services, such as OpenAI, Stripe, Meta (WhatsApp, Messenger, Instagram), Google, Slack and HubSpot. Your use of those services is governed by their own terms. We are not responsible for their availability or for changes they make, for example a messaging platform's rules or reply windows. If a third party changes or withdraws a service in a way that affects a feature, we may change or remove that feature.
11. Intellectual property and feedback
We own the Service, including its software, design and the TelliDesk and PilotWise names and logos. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription, and do not transfer any ownership. If you send us suggestions, we may use them without obligation to you.
12. Suspension and termination
You can close your account at any time by cancelling your subscription and asking us to delete it. We may suspend or terminate your access if you materially breach these Terms (including non-payment or acceptable-use violations), if needed to prevent harm to others or to the Service, or if required by law. Where reasonable, we will give notice and a chance to fix the problem first. Sections 6, 9, 11 and 13–16 survive termination.
13. Disclaimers
We work hard to keep the Service available and reliable, but it is provided "as is" and "as available". To the extent allowed by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and we do not promise the Service will be uninterrupted or error-free.
14. Limitation of liability
To the extent allowed by law, neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if advised of the possibility. Each party's total liability arising from these Terms is limited to the amounts you paid us for the Service in the 12 months before the event giving rise to the claim. These limits do not apply to your payment obligations, your indemnity below, or liability that cannot be limited by law.
15. Indemnity
You will defend and indemnify us against third-party claims arising from your Customer Data, your messages to visitors, or your breach of sections 7 or 8, and pay the resulting costs and damages, provided we notify you promptly and let you control the defense.
16. Governing law and disputes
These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules. The state and federal courts located in Broward County, Florida have exclusive jurisdiction, and both parties consent to them. Before filing a claim, each party agrees to try to resolve the dispute informally by contacting the other for at least 30 days.
17. General
We may update these Terms. For material changes, we will notify account owners at least 30 days in advance by email or in the dashboard; continuing to use the Service after that means you accept the new Terms. You may not assign these Terms without our consent, except as part of a merger or sale of your business. If a provision is unenforceable, the rest remain in effect. These Terms and the Privacy Policy are the entire agreement about the Service. Neither party is liable for delays caused by events beyond its reasonable control.
18. Contact
Websiteflix, Inc.
401 E Las Olas Blvd, Suite 130 PMB 676, Fort Lauderdale, FL 33301
Phone: +1 (855) 225-4535
Support: [email protected] · Privacy: [email protected]